ORDINANCE WHEREAS, the Town of Montverde regulates permitting and setbacks for canopies and accessory buildings; and

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1 ORDINANCE AN ORDINANCE OF THE TOWN OF MONTVERDE, FLORIDA, CLARIFYING THE DEFINITION OF ACCESSORY BUILDING BY PROVIDING EXAMPLES IN CHAPTER 1 OF THE LAND DEVELOPMENT CODE; AMENDING DEFINITIONS OF CANOPY, TEMPORARY CANOPY AND PERMANENT CANOPY AND DELETING DEFINITION OF SEMI-PERMANENT CANOPY, ALL IN CHAPTER 4 OF THE LAND DEVELOPMENT CODE; ALLOWING CERTAIN STORAGE SHEDS AND OTHER ACCESSORY STRUCTURES TO BE LOCATED NO LESS THAN 7.5 FEET FROM A PROPERTY LINE; FROM PROVIDING FOR THE REPEAL OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR CODIFICATION AND SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Town of Montverde regulates permitting and setbacks for canopies and accessory buildings; and WHEREAS, the Town desires to clarify the definition of an accessory building, amend the definitions of canopy, temporary and permanent canopies, and remove the designation of a semi-permanent canopy; and WHEREAS, the Town further desires to allow exemptions for the placement of accessory buildings; and WHEREAS, the Town of Montverde has determined that it in the best interest of the health, safety, and welfare of its citizens to amend the City s Land Development Code; NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Montverde, Florida, as follows: SECTION 1. Legislative Findings and Intent. The findings set forth in the recitals above are hereby adopted as legislative findings pertaining to this Ordinance. SECTION 2. That the term Accessory building in Section 1-2 of Chapter 1, Part III (Land Development Code) of the Montverde Code of Ordinances is hereby amended to read as follows: Sec. 1-2 Definitions and rules of construction. Accessory building means a small structure, either freestanding or attached to a larger structure, serving for storage or shelter, the use of which is incidental to that of the dominant use of the main building or land. Accessory building includes, but is not limited to, attached and detached garages, car ports, workshops, store bought and pre-fabricated storage sheds, pole barns, hay sheds

2 or hay barns, and animal shelters such as chicken coops (as permitted) and dog kennels. SECTION 3. That the title of Article XII in Chapter 4, Part III (Land Development Code) of the Montverde Code of Ordinances shall be amended to be Canopies and Accessory Buildings. SECTION 4. That Section in Chapter 4, Part III (Land Development Code) of the Sec Definitions. The following words, terms and phrases, when used in this article, shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning: Canopy means a structure consisting of a wooden, plastic, or metal frame with a cover of cloth, rubber, or plastic fabric attached to the ground only by tie-downs or attached by means of concrete or buried structural members. Permanent canopy means a canopy permanently attached to the ground by means of concrete or buried structural members excluding tie-down stakes. A permanent canopy shall be considered an accessory building and subject to setback requirements and applicable Florida Building Code requirements. Permanent canopies include, but are not limited to gazebos, pavilions, pergolas, pre-fabricated or store bought car ports that have been pre-engineered. Semipermanent canopy means a canopy erected for more than 14 consecutive days. Temporary canopy means a canopy, other than a permanent canopy, erected for fourteen (14) days or less within a sixty (60) day period. or less than or equal to eighty (80) consecutive days per calendar year. Accessory building has the meaning ascribed to it in Chapter 1, Section 1-2, Town of Montverde Land Development Code. SECTION 5. That Section in Chapter 4, Part III (Land Development Code) of the Sec Placement. (a) Semipermanent Canopies. When placed in the front yard, Semipermanent Canopies must meet all front and side yard setback requirements of the town zoning rules Page 2 of 6

3 and regulations. When placed in the side or rear yard, the setback shall be one-half the setback requirement of permanent structures. (b) Permanent canopies. Permanent canopies must comply with the Florida Building Code and all setback requirements of the Town zoning rules and regulations. (c) Accessory buildings. Accessory buildings must comply with the Florida Building Code and all setback requirements of the town zoning rules and regulations, except as hereafter provided. i. Storage Shed Exemption. One (1) store bought or pre-fabricated storage shed that is less than or equal to 120 square feet and not subject to Florida Building Code Regulations may be installed on properties located in all residentially zoned districts, but not including office or commercial uses in the ORC district, situated no less than 7.5-ft from rear and side yard property lines. Front yard setbacks requirements shall apply to all storage sheds. The Town does not prohibit the installation of more than one (1) storage shed provided that any additional storage sheds meet the town s regular zoning setback rules and regulations. ii. Other Exemptions. All accessory buildings, other than storage sheds, that are less than or equal to 120 square feet and are not subject to Florida Building Code Regulations are allowed to be located no less than 7.5-ft from rear and side yard property lines. Front yard setbacks apply to all Accessory buildings. iii A zoning clearance is required for all residential storage shed exemptions. SECTION 6. That Section in Chapter 4, Part III (Land Development Code) of the Sec Building permits. (a) Temporary canopies. Temporary canopies do not need a building permit. Temporary canopies require a zoning clearance. Temporary canopies that have siding can not be located within 25-ft of a public Right-of-Way. Page 3 of 6

4 (a) Semipermanent canopies. A semipermanent canopy requires the same building permit as a fence. The property owner shall locate the survey markers and place the canopy within the proper setbacks. Canopies of 150 square feet or less do not need a building permit and can be placed in the side or rear yard with a three foot setback. (b) Permanent canopies. Permanent canopies require a building permit and verification that the proposed canopy will adhere to the required zoning setback requirements. (c) Accessory buildings. An accessory building that is less than or equal to 120 square feet does not require a building permit provided that it is pre-fabricated, preengineered, does not contain a bathroom, does not have electrical service, is not inhabited, and meets Florida Building Code requirements. All other accessory buildings require a Town permit and must adhere to Chapter 10, Town of Montverde Land Development Code, including Article III. Entitled Supplemental Regulations. SECTION 7. That Section in Chapter 4, Part III (Land Development Code) of the Sec Miscellaneous. (a) Car covers or tarps draped over vehicles, boats, or equipment are not canopies. (b) All canopies must be kept in good repair at all times. (c) All accessory buildings must be kept in good repair at all times. SECTION 8. That Section in Chapter 10, Part III (Land Development Code) of the Sec Location and maximum floor area of accessory buildings and uses in residential districts. (a) The first floor area of an accessory building structure within a residential district shall be no greater than the first floor area of the primary structure. (b) When an accessory building is attached to a main structure by a breezeway or any other structure requiring a Lake County building permit it shall comply with the setback requirements of the main building. (c) All accessory buildings not exempted by Chapter 4, Sec , Town of Montverde LDC must apply for and be issued a permit by the town prior to installation or construction. Page 4 of 6

5 (d) Accessory buildings 90 square feet or less shall be set back and located a minimum of 7½ feet from any property line. Accessory buildings greater than 90 square feet conform to the applicable zoning setbacks. (e) An accessory building for use as a temporary storage structures such as a P.O.D. or similar type sealed container shall be limited to 60 consecutive days and no more than 120 days in any calendar year and shall be located a minimum of ten feet from all property lines. SECTION 9. Codification. It is the intent of the Town Council of the Town of Montverde that the provisions of this Ordinance shall be codified. The codifier is granted broad and liberal authority in renumbering and codifying the provision of this Ordinance. SECTION 10. Severability. If any section, sentence, phrase, word or portion of this Ordinance is determined to be invalid, unlawful or unconstitutional, said determination shall not be held to invalidate or impair the validity, force or effect of any other section, sentence, phrase, word or portion of this Ordinance not otherwise determined to be invalid, unlawful or unconstitutional. SECTION 11. Conflicts. In any case where a provision of this Ordinance is found to be in conflict with a provision of any other ordinance of this Town, the provision of this Ordinance shall govern. SECTION 12. Effective Date. This Ordinance shall become effective immediately upon adoption. PASSED AND DULY ADOPTED by the Town of Montverde, Lake County, Florida this day of, Attest: Graham Wells, Town Clerk Approved as to form and legality: Anita Geraci-Carver, Town Attorney Joe Wynkoop, Mayor Bill Bates, Council President Page 5 of 6

6 First Reading Second Reading Council Member moved the passage and adoption of the above and foregoing Ordinance. Motion was seconded by Council Member and upon roll call on the motion the vote was as follows: Bill Bates Glenn Burns Jim Ley Jim Peacock Judy Smith YEA NAY Page 6 of 6