(A)   Requirements of all accessory structures.
       (1)   All accessory structures must obtain an approved building permit prior to construction and/or installation; this shall not include accessory structures exempt by the Florida Building Code.
         (a)   For pre-fabricated accessory structures smaller than 120 square feet, the applicant shall submit a sketch showing the location of the accessory structure within the property and documentation from the manufacturer regarding proper attachment. The city shall review the application and plans to ensure compliance with all appropriate regulations; however, no formal building permit shall be issued.
         (b)   For all other accessory structures, the applicant shall submit building plans of the accessory structure, including a sketch showing the proposed location of the accessory structure within the yard. Upon compliance with all applicable codes, the city shall issue a building permit for the accessory structure.
         (c)   Accessory structures that have utility hookups shall require a building permit.
         (d)   Based upon square footage, if an accessory structure cannot comply with all requirements of the category in which it falls, it shall comply with the minimum setbacks of the more restrictive category, based upon maximum height.
      (2)   An accessory use or structure shall not be located in the following areas:
         (a)   Front yards;
         (b)   Any easement located on the lot.
       (3)   No accessory structure shall be located closer than 25 feet to the mean high water line of any lake except for docks and docking facilities, as set forth in § 154.12.
      (4)   No accessory structure shall exceed the height of the primary structure.
      (5)   If an accessory structure is attached to the primary structure, the following shall apply:
         (a)   If attached by a roofline, breezeway, and the like, the height of the accessory structure shall not exceed 35 feet.
         (b)   If such accessory structure is freestanding, it must be architecturally compatible with the principal building.
       (6)   Distances between accessory structures and primary structures must be compliant with the current Florida Building Code.
      (7)   No accessory structure shall be constructed prior to construction of the principal building.
      (8)   Any accessory structure located on a corner lot, shall comply with minimum side yard setbacks.
   (B)   Categories of accessory structures.
      (1)   Accessory structures greater than 200 square feet shall comply with the setbacks of the zoning district in which they are located.
         (a)   The following shall be considered accessory structures:
            1.   Private garages;
            2.   Accessory structures for human habitation, including garage apartments and/or guest houses;
             3.    Accessory structures used for home occupations.
         (b)   The maximum height shall not exceed 35 feet.
       (2)   Accessory structures 121 square feet to 200 square feet shall comply with the setbacks of the zoning district in which they are located.
         (a)   A private garage may be located as close to the rear property line as three feet when the following apply:
            1.   The rear property line abuts an alley with a minimum of 20 feet of platted right-of-way;
            2.   The garage is free- standing and detached from the main structure; and
             3.   The garage is a maximum of 200 square feet in size.
         (b)   All other accessory structures shall have a minimum rear yard setback of 10 feet.
          (c)   Accessory structures shall have a maximum height to the top of the load bearing wall of 12 feet and/or 16 feet to top of the roof peak, starting from mean-grade ground.
      (3)   Accessory structures 120 square feet and smaller:
         (a)   Setbacks:
            1.   May not be located closer than three feet to any property line;
            2.   May not be located within any easement; and
            3.   May not be taller than 6.5 feet.
      (4)   Mechanical units.
         (a)   Includes the following and the like:
            1.   Air conditioner units;
            2.   Pool pumps;
            3.   Heat pumps;
            4.   Similar mechanical devices;
            5.   Remote TV receivers;
            6.   Satellite dishes;
            7.   Antennas.
         (b)   Cannot be located in any required front yard or easements.
         (c)   Must be located in the buildable area of the yard.
            1.   An exception will be granted if screened from view of adjacent property owners and rights-of-way by landscaping, or other approved screening treatment, then it may be located no closer than three feet from any side or rear property line as long as it is not located within an easement.
   (C)   Garage apartments (as allowed in combination with garages) and guest houses.
       (1)   The structure containing the private garage and the garage apartment and/or guest houses may not exceed the height of the primary structure.
      (2)   Garage apartments and/or guest houses shall have a minimum floor area of 600 square feet. The maximum floor area shall not exceed 25% of the floor area of the principal dwelling, excluding carports, garages, porte cocheres, breezeways and screened or open porches.
      (3)   The minimum yard requirements (setbacks) that apply to the principal structure shall also apply to the guest house and/or the structure containing the garage/garage apartment.
      (4)   A structure containing a garage/garage apartment shall have unity of title with the principal dwelling and the garage/garage apartment shall not be subdivided from the lot on which the principal structure is located.
(Ord. 241, passed 11-27-85; Am. Ord. 349, passed 12-3-87; Am. Ord. 484, passed 1-8-90; Am. Ord. 829, passed 3-6-97; Am. Ord. 874, passed 3-19-98; Am. Ord. 1014, passed 2-1-01; Am. Ord. 1059, passed 4-18-02; Am. Ord. 1076, passed 10-3-02; Am. Ord. 1297, passed 8-21-08) Penalty, see § 154.999