It is the purpose of this article to regulate the installation, configuration and use of accessory buildings and structures, and the conduct of accessory uses, in order to ensure that they are not harmful either aesthetically or physically to residents and surrounding areas.

(Ord. No. 2016-01, § 17, 7-12-2016)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Building, accessory means a separate subordinate building located on the same lot or parcel as the principal building, the use of which is incidental to that of the dominant use of the principal building. Accessory buildings include, but are not limited to, storage buildings, detached garages and carports, guesthouses, pool cabanas, greenhouses, animal shelter or housing, or any other building or structure not defined as a principal building,

Building envelope means the area of a lot or parcel that delineates where a building may be placed subject to applicable building setback requirements and other locational criteria of the code.

Building, principal means a building in which is conducted the principal use of the lot or parcel on which it is situated. In a residential district, the single-family home shall be deemed the principal building on the lot or parcel on which the same is situated. An attached carport, shed or garage, or any other structure with one or more walls that is structurally dependent, totally or in part, on the principal building, shall be deemed a part of the principal building, but a detached and structurally independent carport, garage or other structure shall be deemed an accessory building.

Structure, accessory means anything constructed or erected which requires a permanent location on the ground or attachment to something having such location which is subordinate to the principal building on the same lot. Accessory structures include, but are not limited to, docks and boathouses, fences, swimming pools, satellite dish antennas, play equipment or sport courts, mechanical equipment, and other similar structures.

Use, accessory means the use of a property that is clearly secondary and subordinate to the permitted principal use of the lot or parcel.

Yard means an open space at grade between a building or structure and the adjoining lot or parcel lines unoccupied and unobstructed by any portion of a building or structure from the ground upward, except as may be specifically permitted by this article. For the purpose of determining the depth of front, rear and side yards, the minimum horizontal distance between the lot or parcel lines and the building or structure shall be used.

Yard, front means a yard extending across the front of a lot or parcel, being the minimum horizontal distance between the street right-of-way line and the principal building or any projections thereof other than the projections of uncovered steps, uncovered balconies or uncovered porches. On corner lots or parcels two front yards and two side yards are applicable and no rear yard.

Yard, rear means a yard extending across the rear of a lot or parcel, and being the minimum horizontal distance between the rear of the principal building or any projections thereof other than the projections of uncovered steps, uncovered balconies or uncovered porches to the rear lot or parcel line.

Yard, side means an open unoccupied space on the same lot or parcel with a main building, situated between the side line of the building and the adjacent side line of the lot or parcel and extending from the rear line of the front yard to the front line of the rear yard. As stated, corner lot or parcels have two side and no rear yard.

(Ord. No. 2016-01, § 17, 7-12-2016)

Accessory buildings and structures may be located on a lot or parcel, provided that the following requirements are met:

(1)

There shall be a permitted principal building on the lot or parcel, unless exempted or superseded in this section or Land Development Code.

(2)

All accessory buildings and structures shall comply with standards pertaining to the principal use, unless exempted or superseded elsewhere in this section or Land Development Code.

(3)

Accessory buildings and structures shall only be located in compliance with the siting and setback standards established within this section.

(4)

Accessory buildings and structures shall be included in all calculations of gross floor area, impervious surface, and stormwater runoff.

(5)

Accessory structures to include mechanical equipment such as, but not limited to, pool and heat/air accessories, water wells, pumps and tanks, and generators, or similar mechanical structure shall be shown on any concept development plan with full supporting documentation as required in article XII of this Land Development Code and screened as required in section 6.06.02(b).

(Ord. No. 2016-01, § 17, 7-12-2016)

(a)

A satellite dish antenna shall be an accessory structure and shall be constructed, erected or placed in compliance with all of the provisions for accessory structures.

(b)

Satellite dish antennas shall not exceed 12 feet in diameter.

(c)

Only one satellite dish antenna that exceeds one meter (3.28 feet) in diameter shall be permitted on each lot or parcel. Such satellite dish antenna that exceeds one meter (3.28 feet) in diameter shall not be attached to a building; shall be located within the building envelope but not in front of the principal building; and shall not exceed 18 feet in height above the finished grade.

(d)

Consistent with the Federal Telecommunications Act of 1996, as amended, there shall be no limit on satellite dish antennas one meter (3.28 feet) or less in diameter and said satellite dish antenna(s) may be attached or unattached to a building. If said satellite dish antenna(s) is attached, then it shall not extend above the highest point of the roof of the structure to which it is attached. If said satellite dish antenna(s) is unattached, then it shall not exceed 18 feet in height above the finished grade and shall be located within the building envelope but not in front of the principal building.

(e)

All attached and unattached satellite dish antennas in a residential zoning district shall be screened from public view, and private and public streets; be neutral in color; and, to the maximum extent possible, compatible with the surrounding neighborhood appearance and character. In addition, no form of lettering, advertising or identification shall be allowed on any such satellite dish antenna or its framework (other than the manufacturer's small identification plate).

(f)

Nonconforming satellite dish antenna. Any satellite dish antenna lawfully installed prior to the enactment of this section shall be allowed to remain, until such time as it is replaced or moved. At the time of replacement or relocation, the provisions of this section shall be met.

(Ord. No. 2016-01, § 17, 7-12-2016)

(a)

No accessory buildings used for industrial storage of hazardous, incendiary, noxious or pernicious materials shall be located within the town limits.

(b)

Accessory buildings regulated by this section shall be permitted only in side and rear yards and shall meet the following setback and siting requirements:

(1)

Accessory buildings less than 100 square feet: Five feet from side or rear property line;

(2)

Accessory buildings between 100 square feet and 320 square feet: Ten feet from side or rear property line;

(3)

Accessory buildings over 320 square feet: Same setbacks as principal structure;

(4)

For corner lots, the street side setback for all accessory buildings is the same as the principal structure;

(5)

For waterfront lots, all accessory buildings shall be located no closer than 50 feet to the normal high water elevation of the waterbody;

(6)

Height not to exceed 18 feet from existing grade to highest point of roof. Height may exceed 18 feet to a maximum of 35 feet, if accessory building meets the same setbacks as the principal structure; and

(7)

A minimum separation of five feet between accessory buildings and any other building.

(c)

Accessory buildings regulated by this section shall be included in calculations for impervious surface, floor area ratio, or any other site design requirements applying to the principal use of the lot or parcel.

(Ord. No. 2016-01, § 17, 7-12-2016)

(a)

Swimming pools, etc., shall be permitted only in side and rear yards, and shall meet the following siting standards:

(1)

Lots 60 feet or less in width at the front setback line require a minimum side setback of 7.5 feet and rear setback of ten feet; and lots greater than 60 feet in width at the front setback line require a minimum side and rear setback of ten feet;

(2)

Pool decks shall be located no closer to the side or rear lot line than 50 percent of the required setback for pools;

(3)

For waterfront lots, all swimming pools, etc. and pool decks, shall be located no closer than 50 feet to the normal high water elevation of the water body;

(4)

For corner lots, the street side setback for all swimming pools and pool decks is the same as the principal structure.

(b)

Screen enclosures for pools shall meet the required side setbacks for the principal structure but may be located no closer than ten feet to the rear property line. On a waterfront lot, screen closures for pools may not be located closer than 50 feet to the normal high water elevation of the waterbody.

(c)

As required by the Florida Building Code, all pools etc. shall be completely enclosed with an approved wall, fence or other substantial structure. The enclosure shall completely surround (to include the water front) the pool and shall be of sufficient density to prohibit unrestrained admittance to the enclosed area through the use of self-closing and self-latching doors. Exception: Adjacent waterway, permanent natural or permanent manmade features such as bulkheads, canals, lakes, navigable waterways, etc., adjacent to a public or private swimming pool or spa may be permitted as a barrier when reviewed by the town development review board and approved by the town council. When evaluating such barrier features, the development review board and town council may perform on-site inspections and review evidence such as surveys, aerial photographs, water management agency standards and specifications, and any other similar documentation to verify the subject barrier features adequately restricts access to the pool, spa or similar structure.

(d)

No overhead electric power lines shall pass over any pool, etc., unless enclosed in conduit and rigidly supported, nor shall any power line be nearer than ten feet horizontally or vertically from the pool's water edge.

(e)

Excavations for pools to be installed for existing dwellings shall not exceed a 2:1 slope from the foundation of the house, unless a trench wall is provided.

(f)

Swimming pools, hot tubs, and similar structures in existence at the time of adoption of this section, but not in compliance with this section, shall be considered legal nonconforming uses as long as they are maintained in a structurally sound and an attractive manner and may be repaired, improved, or replaced as long as the action does not increase the nonconforming situation or does not result in a new nonconforming situation.

(Ord. No. 2016-01, § 17, 7-12-2016)

(a)

Purpose. The purpose of this section is to regulate the types of materials used to construct and install fences, walls and posts, and the location, height and maintenance of fences, walls and posts to promote consistent, uniform construction and installation, and to prevent the existence of nuisances within the town. In all land use districts, fences, walls and posts are permitted only as set forth in this section.

(b)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Fence means a freestanding structure of minimal thickness designed to prevent ingress and egress across a property boundary line.

Gate means a point of entry or passage to a space that is enclosed by a fence or wall.

Post means any stake of material that is set upright into the ground to serve as a marker or support of a fence or wall.

Wall means a solid structure of more than minimal thickness designed to prevent ingress and egress across a property boundary line.

(c)

Applicability. The requirements of this section shall apply to all fences, walls and posts equal to or exceeding 30 inches in height, constructed and installed in all land use districts within the town. Construction of fences that protect construction sites, equipment enclosures, pool enclosures and sediment fencing are not subject to this section. Refer to other provisions of the Code of Ordinances regarding construction of these fences and enclosures.

(d)

Permit required. No fence, wall or post shall be installed without first obtaining a permit from the town. Each application for a permit shall be accompanied by the fee set forth in the town's fee directory.

(e)

Standards.

(1)

Materials. The types of acceptable materials for the construction and installation of fences, walls and posts shall include wood, stone, preformed concrete block, concrete, brick, wrought iron, aluminum, stucco, plastic, chain link and wire mesh, except that wire mesh or chain link fencing shall not be permitted within required front yard setbacks.

(2)

Location. No fence, wall or post shall be located on town property. Fences may only be located on private property in front, side, rear and corner yard setbacks.

(3)

Maximum height. The maximum height of any fence, wall or post shall be the following:

a.

The height of a fence or wall or combination thereof, shall be measured from the lowest grade within three feet on both sides of the fence or wall. If a fence or wall is built on top of a berm or retaining wall, then the combined height of the fence or wall and berm or retaining wall must not exceed the allowable fence height.

b.

Fences or walls within the portion or portions of the lot or parcel between the right-of-way and the building shall have a maximum height of 48 inches. All other fences or walls (i.e., side yard and rear yard) shall have a maximum height of 72 inches.

c.

A wall or a fence between residential properties and nonresidential properties shall have a maximum height of 96 inches.

d.

Posts shall not exceed a wall or fence height by more than 24 inches including a light fixture and/or all decoration elements., with a minimum distance of six feet, centerline to centerline, between each post. Each post can be a maximum of 30 inches by 30 inches in width. The posts of each fence must be resistant to decay, corrosion and termite infestation. The posts must also be pressure-treated for strength and endurance.

e.

Gates shall be no higher the 60 inches from the ground and the highest point on the gate, including its decorative elements. Gates shall not exceed the height of the adjoining wall or fence by more than 12 inches and no more than 60 inches from the ground in the front yard. Maximum height of a gate in the side and rear yard is to match the fence height. Any gate attached to a fence that is required to be 48 inches or less is required to be 50 percent transparent.

f.

In areas where the property faces two roadways or is located in any other area constructed to be a corner lot or parcel, no fence higher than 24 inches shall be located in the vision triangle (See section 6.02.04(h)).

g.

Security fences shall have a minimum height of 72 inches around any gas, water and sewer substation, treatment plants, and sub-stations and cell towers.

(4)

Orientation and configuration.

a.

All fences, walls or posts shall be constructed and installed so as to locate visible supports and other structural components toward the subject property. Any fence, wall or post located adjacent to a public right-of-way or private road shall also be placed with the finished side facing that right-of-way.

b.

Gates must open in a manner so as to not cross a public right-of-way or property line.

(5)

Maintenance. All fences, walls or posts shall be maintained in a structurally sound and attractive manner, as determined by the town manager or his designee.

(f)

Safety and protection of a hazard. A fence required for safety and protection of a hazard by a public agency is subject to height limitations set forth in subsection (e)(3) of this section, however approval to exceed height standards may be given by the town manager upon receipt of satisfactory evidence of the need to exceed height standards.

(g)

Chainlink fences in residential land use districts. In any residential land use district, all chainlink fences shall be installed with the pointed ends to the ground. No electrically charged wire fence shall be erected in any residential land use district. No barbed wire fence shall be erected in any residential land use district, except for security of public utilities, provided such use is limited to three strands, a minimum of 72 inches above the ground.

(h)

No interference with drainage. No fence or wall shall be constructed or installed in such a manner as to interfere with drainage on the site.

(i)

Enforcement. Enforcement of this section shall be through code enforcement procedures.

(j)

Nonconforming fences, walls and posts. Fences, walls and posts in existence at the time of adoption of this section, but not in compliance with this section, shall be considered legal nonconforming uses as long as they are maintained in a structurally sound and an attractive manner and may be repaired, improved, or replaced as long as the action does not increase the nonconforming situation or does not result in a new nonconforming situation.

(Ord. No. 2016-01, § 17, 7-12-2016)

The town hereby adopts, by reference, Orange County's ordinances regulating, restricting and otherwise addressing boat dock construction, as such ordinances may be amended from time-to-time. This section does not preempt Orange County's jurisdiction within the town for purposes of section 704 of the Orange County Charter, and the town shall have concurrent jurisdiction with Orange County to enforce all county ordinances pertaining to boat dock construction within the town. Notwithstanding the foregoing, the following shall apply to boathouses and docks constructed in the town:

(1)

Boathouses shall not exceed a height of 14½ feet above the normal high-water level of the water body.

(2)

Boathouses and docks shall have no minimum setback from the normal high water elevation. Boathouses and docks shall have a minimum side-setback of 16 feet from the upland property line and the projected property line. For purposes of this section, projected property line means a continuation of, and extension to, the upland property line. In cases of privately owned bottomland, that is, non-sovereignty submerged lands underlying a water body, the projected property line is the actual property line. For purposes of this section, upland property line means the actual property line lying landward of the established normal high water elevation.

(3)

Applicants shall submit applications for boathouse and dock construction to the town on forms approved by the town, and the town manager shall issue construction permits.

(4)

Boathouses and docks may be located in the front yard.

(5)

Any other applicable requirements of the town's Land Development Code shall apply.

(6)

Copies of the approved permits for the proposed boathouse or dock from the Orange County Environmental Protection Division and the Florida Department of Environmental Protection shall be submitted with the town's building permit application.

(Ord. No. 2016-01, § 17, 7-12-2016)

(a)

The town accepts and subjects itself to the jurisdiction of the county Code, chapter 38, section 38-1427, as amended, regarding communication towers and incorporates the same herein by reference.

(b)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Communication antenna means an antenna designed to transmit or receive communications as authorized by the Federal Communications Commission.

Communication tower means:

(1)

A tower greater than 35 feet in height that does not exceed 300 feet in height (including an antenna) which supports communication (transmission or receiving) equipment. Design examples of communication towers are described as follows:

a.

Self-supporting lattices;

b.

Guyed; and

c.

Monopole.

(2)

The term "communication tower" does not include amateur radio operators' equipment, as licensed by the Federal Communications Commission (FCC).

(c)

Communication towers shall not be permitted in residential, agricultural, public or mixed-use districts and shall be located in a rear yard of a commercial property and not be in the rear setback or buffer area.

(d)

The meaning of several items in the county Code, section 38-1427, shall be as shown on the following page:

(1)

Zoning manager—Town manager.

(2)

County—Town.

(3)

County—Town.

(4)

County chairperson—Mayor.

(5)

Board of county commission—Town council.

(6)

Board of zoning adjustment—Development review board.

(7)

County comptroller—Town manager.

(e)

The inventory of towers required in section 38-1427(10) shall include all towers in the county.

(f)

Section 12.06.04 shall apply with respect to any appointed hearing officer.

(g)

In the event of a conflict between the county Code, chapter 38, section 38-147, and the provisions of this section, this section shall supersede and prevail over the conflicting provision of the county Code.

(Ord. No. 2016-01, § 17, 7-12-2016)

(a)

Within residential areas, only one accessory dwelling unit may be provided in addition to the primary dwelling unit.

(b)

The accessory dwelling unit may be located within the primary building (i.e. accessory apartment) or may be located within a separate building (i.e. guesthouse) on the lot or parcel.

(c)

The accessory dwelling unit may not be sold independent of the principal structure, rented, or leased.

(d)

If the accessory dwelling unit is located within the primary building (i.e. accessory apartment), then the following regulations apply:

(1)

No more than one accessory apartment shall be permitted on any residential lot or parcel.

(2)

Any accessory apartment shall be located within the principal building. (Note: The principal building shall be construed to mean the dwelling unit or house located on the lot or parcel, and not any other accessory structure.) An accessory apartment shall not be construed to be located within the principal building if connected only by a breezeway, roofed passage or similar structure.

(3)

The accessory apartment shall not exceed 25 percent of the gross floor area of the principal building within which it is located.

(4)

The accessory apartment shall be located and designed not to interfere with the appearance of the principal building as a single-family dwelling unit.

(e)

If the accessory dwelling unit is not located within the principal building (i.e. guesthouse) and is located in a separate accessory building, then the following regulations apply:

(1)

The accessory dwelling unit must be no closer than ten feet to the principal building or any other accessory building.

(2)

The accessory dwelling unit may not exceed 45 percent of the gross square feet of the principal building.

(3)

The accessory dwelling unit shall be located within the building envelope for the lot or parcel.

(4)

The accessory dwelling unit shall be designed to be similar in appearance to the principal building.

(Ord. No. 2016-01, § 17, 7-12-2016)

(a)

All mechanical equipment including air conditioner units, generators, pool or hot tub pumps and heaters or other similar mechanical equipment shall be located no closer than five feet to side or rear property line and be screened from view from the street or adjoining property.

(b)

Potable water wells and irrigation wells may be located anywhere on a lot or parcel. Supporting or related equipment to the potable water or irrigation well such as, but not limited to, above ground pumps, storage tanks, and filters shall maintain a minimum five-foot separation from any lot or parcel line and be screened from view from the street or adjoining property. Well coverings (i.e. well houses) shall be no closer than five feet to any lot or parcel line and limited to no larger than the minimum required to cover the well and its equipment. If the well covering is within the front or side yard, then it shall be screened from view from the street or adjoining property.

(c)

Mechanical equipment and related structures in existence at the time of adoption of this section, but not in compliance with this section, shall be considered legal nonconforming uses as long as they are maintained in a structurally sound and an attractive manner and may be repaired, improved, or replaced as long as the action does not increase the nonconforming situation or does not result in a new nonconforming situation.

(Ord. No. 2016-01, § 17, 7-12-2016)

(a)

Playsets, recreation equipment, sport courts, and other similar equipment or structures shall comply with the following requirements:

(1)

Located behind the front of the principal building, meet the required side yard setbacks, placed no closer than ten feet to a rear property line. If a building permit is required (foundation, electric, plumbing), then for waterfront properties it is placed no closer than 50 feet from the normal high water elevation. However, if contained within a primary or accessory building, then it shall be located within the building envelope but behind the front of the principal building.

(2)

There shall be no direct glare visible from any adjacent property from any unshielded or other sources of lighting.

(b)

Playsets, recreation equipment, sport courts, and other similar equipment or structures in existence at the time of adoption of this section, but not in compliance with this section, shall be considered legal nonconforming uses as long as they are maintained in a structurally sound and an attractive manner and may be repaired, improved, or replaced as long as the action does not increase the nonconforming situation or does not result in a new nonconforming situation.

(Ord. No. 2016-01, § 17, 7-12-2016)

(a)

For purposes of this section, a business is considered a home-based business if it operates, in whole or in part, from a residential property and meets the following criteria:

(1)

The employees of the business who work at the residential dwelling must also reside in the residential dwelling, except that up to a total of two employees or independent contractors who do not reside at the residential dwelling may work at the home-based business. The business may have additional remote employees that do not work at the residential dwelling.

(2)

Parking related to the home-based business activities of the home-based business complies with the zoning requirements applicable to other residential properties within the same zoning classification and the need for parking generated by the home-based business may not be greater in volume than would normally be expected at a similar residence where no business is conducted. The use of vehicles or trailers operated or parked at the home-based business or on a street right-of-way, must comply with the regulations applicable to a residence where the home-based business is conducted. Vehicles and trailers used in connection with the home-based business must be parked in legal parking spaces that are not located within the right-of-way, on or over a sidewalk, or on any unimproved surfaces at the residence.

(3)

No "heavy equipment," defined for purposes of this section as commercial, industrial, or agricultural vehicles, equipment, or machinery, may be parked or stored such that it is visible from the street or neighboring property.

(4)

As viewed from the street, the use of the residential property must be consistent with the uses of the residential areas that surround the property. External modifications made to a residential dwelling to accommodate a home-based business must conform to the residential character and architectural aesthetics of the neighborhood.

(5)

The home-based business may not conduct retail transactions at a structure other than the residential dwelling; however, incidental business uses and activities may be conducted at the residential property.

(6)

The activities of the home-based business must be secondary to the property's use as a residential dwelling.

(7)

The business activities at the home-based business must comply with any relevant local or state regulations with respect to signage and equipment or processes that create noise, vibration, heat, smoke, dust, glare, fumes, or noxious odors as such as such regulations apply to a residence in the town where no home-based business is conducted.

(8)

The business activities at the home-based business must comply any relevant local, state, and federal regulations with respect to the use, storage, or disposal of any corrosive, combustible, or other hazardous or flammable materials or liquids as such regulations apply to a residence in the town where no home-based business is conducted.

(b)

A person or entity operating a home-based business in a manner inconsistent with this section is in violation of the town's code, and the town may enforce these provisions by any legal means available or as otherwise directed by general law, including but not limited to code enforcement proceedings, civil citations, or a legal action to enjoin a violation of this section.

(c)

The home-based business is subject to applicable business taxes. Nothing herein is deemed to excuse or exempt the owner or operator of a home-based business from complying with any federal or state occupational or licensure requirements.

(d)

It is the intent that this section be interpreted in harmony with general law pertaining to home-based businesses, and in the event of a conflict, general law will govern and control the interpretation and application of this section.

(Ord. No. 2016-01, § 17, 7-12-2016; Ord. No. 2021-02, § 2, 10-12-2021)