§ 10.01.00. Residential Accessory and Temporary Structures and Uses.

10.01.01 General Requirements for Accessory Structures. Accessory Structures used in conjunction with a residential dwelling unit may be allowed on a Lot, provided that the following requirements are met. This section does not apply to nonresidential farm structures used for agricultural purposes on a bona-fide farm.

A.

There Shall be a lawful dwelling unit on the Lot;

B.

An Accessory Structure(s) Shall comply with applicable standards and Codes, unless exempted or superseded elsewhere in these Regulations;

C.

An Accessory Structure(s) Shall not be located in a required Buffer area, Landscape Buffer, wetland buffers or minimum Building Setback area;

D.

For lots less than one (1) acre in size, the square footage of an Accessory Structure(s) shall not exceed eighty (80) percent of the main floor square footage of the enclosed living area of the dwelling unit, which excludes features such as garages, patios, and porches. If there is more than one (1) Accessory Structure, the combined square footage shall apply;

E.

An Accessory Structure(s) shall not exceed the height of the dwelling unit or twenty-five (25) feet, whichever is greater.

F.

Accessory structures that are buildings shall be located in side and rear yards, unless:

1.

The accessory building is the same architectural style and the exterior walls and roof are the same material and color as the principal dwelling unit; or

2.

The accessory building is the type typically found in the front yard, such as gazebos, well coverings, or mailbox enclosures. Such building shall be no greater than one hundred (100) square feet or of the minimum size and height to accomplish the use, whichever is less; or

3.

The accessory building is located a minimum of one hundred (100) feet from the front property line.

G.

Vehicles, Manufactured Housing and Mobile Homes, Shall not be used as storage Buildings, utility Buildings, or other such uses.

H.

Cargo and shipping containers shall not be used as Accessory Structure(s) in residential zoning districts.

10.01.02 Swimming Pools, Hot Tubs, and Similar Structures.

A.

Setbacks for swimming pools, hot tubs and similar structures shall be measured from the edge of the deck or enclosure; the minimum setback shall be five (5) feet from the property line or the setback required by the zoning district, whichever is greater.

10.01.03 Accessory Structures that are Dwellings.

A.

Purpose. The purpose of this Section is to provide for less expensive housing units to accommodate growth, provide housing for relatives and to provide for security.

B.

Standards. Accessory Dwellings Unit may be allowed in agricultural and residential zoning districts provided that all of the following requirements are met:

1.

The Lot must be a Lot of Record or a legally created Lot.

2.

No more than one (1) principal Dwelling Unit and one (1) Accessory Dwelling Unit Shall be permitted on any Lot of Record, or legally created Lot. A lot of parcel of land containing an Accessory Dwelling Unit shall be occupied by the owner of the premises, and the owner may live in either the Accessory Dwelling Unit or the principal Dwelling Unit. Prior to the date a Building Permit is issued for an Accessory Dwelling Unit or prior to the use of an existing Structure as an Accessory Dwelling Unit, the Owner Shall execute and the County Manager or designee Shall record in the public records of Lake County, Florida, at the Owner's expense, a legal document that requires the principal dwelling and the Accessory Dwelling to remain in the same ownership and limiting occupancy of either the principal Dwelling Unit or the Accessory Dwelling Unit to the owner of the property. Proof that such restrictions has been recorded shall be provided to the County Manager, or designee, prior to issuance of the occupancy permit for the Accessory Dwelling Unit.

3.

An Accessory Dwellings Unit may be attached to a principal dwelling, an apartment unit within the principal dwelling, or a stand-alone building.

4.

An Accessory Dwelling Unit Shall not exceed one thousand two hundred (1,200) square feet or forty percent (40%) of the air conditioned, enclosed living area of the principal dwelling (excludes garages, patios, porches and the like), whichever is greater.

5.

The Accessory Dwelling Unit Shall be located and designed not to interfere with the appearance of the principal dwelling as a one-family Dwelling Unit. The Accessory Dwelling Unit Shall be the same architectural style as the principal Dwelling Unit.

6.

An Accessory Dwelling Unit must meet the setback requirements of the principal dwelling.

7.

The principal dwelling unit and the Accessory Dwelling Unit shall share a common driveway if access to the Accessory Dwelling Unit is from the same right-of-way or easement.

8.

Impact fees Shall be paid on an Accessory Dwelling Units as if it was a separate dwelling.

10.01.04 Boat Docks and Ramps.

A.

Private Boat Docks and Ramps.

1.

Private boat docks and ramps shall be permitted as an accessory use within all residential zoning districts. Private boat docks and ramps shall meet the front and side setback requirements of the residential zoning district in which they are located.

2.

A common private boat dock or ramp for the private use of two (2) or more lots shall be encouraged and shall meet the setback requirements of the zoning district in which it is located. However, the setbacks shall be applied from the two (2) outermost property lines of the lots upon which the dock or ramp is located, i.e., not from the internal property lines of the lots that are sharing the dock or ramp.

3.

Private boat docks and ramps shall only be permitted as an accessory use on the residential lot on which the main principal dwelling is located or on a lot owned by the property owner and adjacent and contiguous to the residential lot on which their residential structure is located. A lot shall be considered adjacent and contiguous if a substantial part of the lot actually touches the developed residential lot or is separated by a road right-of-way, which physically divides both lots. Private boat docks and ramps shall not be permitted on lots that are not adjacent and contiguous to the residential lot developed with a residence.

B.

Boat Docks and Boat Ramps placed on Common Areas. Boat docks and boat ramps placed on common areas shall only be permitted as part of a platted residential subdivision and only under the following conditions:

1.

The boat dock or boat ramp is placed on a tract of land entirely within the subdivision, which is specifically designated for a common area on the recorded plat. The boat dock or boat ramp shall be set back a minimum of one hundred (100) feet from property not within the subdivision and a minimum of ten (10) feet within the 100-foot setback shall be landscaped to provide a visual screen and reduce noise. However, an applicant with a recorded plat as of May 19, 1992, which designates a parcel for recreational uses, common elements or common areas, shall be permitted at a minimum setback of twenty-five (25) feet in lieu of the one hundred (100) foot setback otherwise required.

2.

Access to the boat dock or boat ramp shall be located entirely within the platted subdivision within which the boat dock or boat ramp is to be located.

10.01.05 Home Occupations. A home occupation shall be allowed as an accessory use in a bona fide dwelling unit or accessory building on the same lot as the dwelling unit in all Future Land Use Categories that allow residential uses, subject to the following requirements:

A.

Permitted Home Occupations.

1.

Professions such as physician, veterinarian, attorney, architect, engineer, accountant, clergyman, and other professional persons for consultation, but not general office practice of the profession.

2.

The creation or assembly of arts and crafts when such activities do not create noise, vibration, smoke, heat, dust, glare, odors, electrical interference, any of which is offensive to persons in the neighborhood.

3.

Domestic crafts such as sewing, weaving, washing and ironing.

4.

Educational activities such as private tutoring and instruction (limited to three (3) pupils at any one (1) time).

5.

Artistic crafts and handicrafts such as painting, sculpture, pottery, and stained glass.

6.

Family day care home, in compliance with Florida Statutes.

7.

Group home, limited to five (5) people at any one (1) time.

8.

Telephone for an address of convenience.

9.

Internet based business.

10.

Product consultants.

11.

Uses that would qualify as a cottage food operation under the Florida Food Safety Act.

B.

One (1) individual outside the immediate family may assist in the operation of the home occupation. One (1) additional vehicle may be parked on the site to accommodate the one (1) individual outside of the immediate family assisting in the operation of the home occupation, provided that all parking requirements as set forth in Chapter IX are met.

C.

The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and shall under no circumstances change the residential character of the structure. The area devoted to the home occupation shall not be the dominant use of the property or structure(s).

D.

There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation, other than one (1) sign not exceeding one (1) square foot in area, non-illuminated, and mounted flat against the wall or window of the principal building at a position not more than two (2) feet from the main entrance of the residence.

E.

No traffic shall be generated by such occupation in greater volumes than would normally be expected from the residential use.

F.

No chemical, electrical or mechanical equipment is to be stored except that which is normally used for purely domestic, household purposes.

G.

Outdoor storage of materials shall not be permitted nor shall a display of products be visible from the street.

H.

The following shall not be considered home occupations: beauty shops, barbershops, public dining facilities or tea rooms, antique or gift shops, photographic studios, fortune telling or similar activities, outdoor repair, auto repair, food processing (other than allowed as a cottage food operation under the Florida Food Safety Act), warehousing or retail sales.

I.

A home occupation shall be subject to all applicable County business tax requirements, fees, and other business taxes.

J.

No outdoor activities shall occur between the hours of 9:00 p.m. to 6:00 a.m.

10.01.06 Backyard Chickens. ;p0; General Requirements. Chickens, other than roosters, shall be allowed for personal use as an accessory use within the Agriculture (A), Agriculture Residential (AR), Ranchette District (RA), Rural Residential (R-1), Estate Residential (R-2), Medium Residential (R-3), Medium Suburban Residential (R-4), Urban Residential (R-6), Mixed Residential (R-7), and Mixed Home Residential (RM) Districts.

A.

Any person keeping, harboring, raising or maintaining chickens as an accessory to an occupied dwelling unit shall be subject to the following restrictions:

1.

No more than five (5) chickens may be kept;

2.

Slaughtering of chickens is prohibited;

3.

Chickens must be secured within the chicken coop or fenced enclosure at all times;

4.

All feed and other items associated with the keeping of chickens that are likely to attract or to become infested with rodents or other pests shall be kept in a rodent and pest-proof container;

5.

No manure shall be allowed to accumulate on the floor of the coop or ground. A fly-tight bin for storage of manure shall be utilized; the size shall be sufficient to contain all accumulations of manure. The fly-tight bin shall be kept at least twenty (20) feet away from all property; and

6.

Composting of chicken manure shall be allowed in an enclosed bin. The composting bin shall be kept at least twenty (20) feet away from all property lines.

B.

Chicken coop or fenced enclosure used to house chickens. Any chicken coop or fenced enclosure used to house chickens shall:

1.

Not be located in the front or side yards; and

2.

Be set back a minimum of twenty (20) feet from all property lines.

10.01.07 Reserved.

(Ord. No. 1997-22, § 2, 3-18-97; Ord. No. 1997-44, § 9, 6-17-97; Ord. No. 1997-65, § 10, 9-23-97; Ord. No. 2001-89, § 2, 6-5-01; Ord. No. 2002-1, §§ 2, 3, 1-22-02; Ord. No. 2004-14, § 2, 3-16-04; Ord. No. 2007-27, § 17, 6-5-07; Ord. No. 2008-45, § 3, 7-1-08; Ord. No. 2013-27, § 2, 5-21-13; Ord. No. 2013-67, § 3, 12-17-13; Ord. No. 2015-55, § 4, 12-15-15; Ord. No. 2017-52, §§ 13, 14, 10-24-17)