The following regulations shall apply to all accessory uses and structures incidental to any permitted or conditional use (for garages and garages with accessory suites see § 7.09.01.02).
(A) Zoning of accessory structures. All accessory uses to a principal use shall be located in a zoning district that permits the principal use. Structures up to 15% of the total square footage of the principal structure, up to 300 square feet and no more than 16 feet in height (or maximum height of principal structure), at a maximum point of roof pitch, from the grade, shall be permitted in residential and office professional districts. Structures up to 300 square feet can advance directly to the Building Department for payment of proper permitting fee. Structures between 301 and 625 square feet, or in excess of 16 feet to the peak of the roof, as measured from the grade (or higher than the maximum height of the primary residence) in residential and office professional districts shall be reviewed and approved by the Planning Department prior to the issuance of building permit by the Building Department. Information submitted to the Planning Department shall include, but may not be limited to, information pertaining to height, design elements, increased setbacks, and landscaping plans around the perimeter of the accessory structure. In the event the Planning Department denies the request, the applicant can appeal the denial to the City Council. Structures larger than 625 square feet require a conditional use permit.
(B) Construction timing. No accessory building shall be constructed upon a lot or parcel or contiguous lot or parcel except in conjunction with or after construction of the primary building.
(C) Location of accessory structures. Structures shall be located on the same lot or parcel as the primary building to which it is accessory; or on a contiguous lot and shall meet all district setbacks unless otherwise stated. Further, accessory structures shall not be permitted in any required front or secondary front setback. A five-foot side and rear yard setback shall be observed. For all zoning districts, the minimum separation between the accessory and principal structures shall be five feet, as measured from the dripline of both structures. Any type of enclosed passageway or room addition shall not connect principal and accessory structures unless all structures meet principal structure setbacks.
(D) Limitation on use. Only the owner, employees of the owner, lessee or tenant of the premises shall use nonresidential accessory buildings.
(E) Accessory structures in multi-family developments. Accessory structures in multi-family developments may include, but shall not be limited to, private laundry facilities and clubhouse/recreational facilities for the convenience of the residents. Construction style and material shall match the residential units for which the structures are accessory.
(F) Portable utility structures and work sheds (for example, pre-manufactured structures such as Rubbermaid vinyl and Arrow metal sheds) in residential districts. As defined by this standard, includes any roofed structure designed to shelter vehicles, goods, merchandise, equipment, materials, or property of any kind that is capable of being carried or moved and which does not require a building permit for installation. Any portable shelter shall be placed in the rear yard. Rear yard, as defined by this standard as that portion of the lot located behind the principal use structure. Existing nonconforming structures are grandfathered as of the date of passage of this section. Within residential districts and accessory to residential uses, portable utility sheds shall be permitted within the five-foot side and rear yard setbacks if the following regulations are adhered to:
(1) Shall be no larger than 15% of the square footage of the principal structure, or 300 square feet, whichever is smaller;
(2) No more than two accessory structures as defined in division (F)(1) above (provided both structures combined do not exceed 15% of the square footage of the principal structure or 300 square feet, whichever is smaller) shall be permitted on any single residential lot;
(3) Shall not be located on any easement;
(4) Approved portable accessory structures shall be anchored in a method approved by the Building Department; and
(5) An accessory structure shall not be separately metered for electricity or water.
(G) Design Standards for accessory buildings and structures in office professional and residential zoning districts. Accessory buildings and structures located in office professional and residential zoning districts that exceed 150 square feet shall be constructed of masonry, wood frame, aluminum, or vinyl. If the principal structure is a contributing structure to the Historic District, accessory structures shall be finished with similar materials and design as the principal structure. In addition, properties shall adhere to Historic District design standards as well as CRA design standards. Metal fabricated type structures that are designed and intended for industrial/commercial use are prohibited in the residential and office professional zoning districts.
(H) Cargo and cargo-like containers of any size (conex containers).
(1) Except for commercially zoned (C1, C2, and C3) and industrially zoned (LI and AP2) properties, all cargo containers and cargo-like (conex) containers of any size designed to attach to trucking equipment and/or cargo ships are prohibited. Owners of commercially zoned properties may obtain, with fee, through the Building Department, a temporary permit to place said container on subject property for a period not to exceed 90 days per year. Owners of industrially zoned properties can place said containers year-round with proper permit and fee through the Building Department. Refer to the city's fee schedule for said fees.
(2) Within commercially zoned areas of the city, owners/tenants of properties with a building consisting of floor space in excess of 150,000 square feet (base living area as indicated on the Pasco County Property Appraiser website) may apply for long-term permits. The permits shall be issued for three years per term and subsequently renewable for three years thereafter at the sole discretion of the Planning Director. The permits will allow said containers to be located on contiguously owned properties (as said building) for 90-day periods per year. Petitioner shall submit buffering/landscaping and lighting plans to ensure the continued health and safety of the general community, continuity of traffic and pedestrian flow to, through and exiting the property as well visual buffering from said containers. Area utilized for placement of said containers shall not exceed 5% of gross floor area (GFA) of the primary building on said properly. Under no circumstances shall conex containers be stacked on top of each other. Petition is subject to Planning Director's approval, approval with additional requirements, or denial. Renewal petitions shall demonstrate the continued need for such said containers. Once site plan application is approved by the Planning Director, petitioner shall advance to the Building Department for fee(s) associated with said containers.
(3) Cargo and cargo-like containers (conex containers) of any size are expressly forbidden within all transect zones of the form-based code areas within the city with one exception: said conex container (a number not exceeding one) placed on a property located entirely within the form-based code area of the city at the date of passage of this section is grandfathered if said container is completely screened from view from the closest public right- of-way with a city-approved method (including, but not limited to, solid PVC fencing). Property owners shall, within 30 days prior to or preceding passage of this section, notify the city in writing and receive a confirmation letter from the city indicating grandfather status.
(4) Cargo and cargo-like (conex) containers located on properties within zoning districts expressly prohibited above in divisions (H)(1) and (H)(2) shall be removed from said property within 60 days of passage of this section. Failure to comply will result in code enforcement action against the property owner of said property.
(5) Where permissible, as detailed in divisions (H)(1) and (H)(2) above, under no such circumstances shall cargo or cargo-like (conex) containers be placed in, around, or adjacent to designated vehicular parking space(s) in a manner that renders said parking space(s) unusable for its intended purpose.
(I) Prohibition of certain structures. Trailers, storage containers, mobile homes, and recreational vehicles (except for zoning districts in which mobile homes and RVs are allowed), and tractor-trailers shall not be used as permanent or portable accessory structures. Portable carports/carport-like and car canopy structures (as defined in this section of the code as an open-sided automobile shelter by the side of a building) are expressly prohibited. A commercial storage container (such as PODs or other similar moving container that is left at subject property, packed and subsequently removed to a congregate storage facility) may be used while renovation is occurring on the building(s) located on said property with an active building permit. If building permit is not required or if said container is utilized for moving of contents of said property, a maximum time period of 30 days shall be allowed. The time period may be adjusted at the discretion of the Building Official.
(Ord. 1359-18, passed 6-25-2018)