§ 7.4. Accessory uses, buildings/structures and permitted encroachments.
A.
Accessory uses and accessory buildings or structures are customarily subordinate or incidental to the principal use pursuant to Article VII, Table A. Such accessory structures may include swimming pools (enclosed or not enclosed), docks, detached garage, storage sheds (up to 200 square feet in size), open patios, decks, freestanding canopies/gazebos and fences or stormwater ponds. When accessory and principal uses are under a continuous (solid) roof, or within five feet of each other at the closest point, the entire structure shall meet setbacks required for the principal structure or use. Specific requirements pertaining to the determination of what is incidental and subordinate for certain types of accessory uses shall be determined by the town commission or its designee.
B.
Accessory structures may be located on a property provided the following requirements are met, except as regulated herein in this article:
1.
There shall be a permitted principal use on the property, unless otherwise exempted by this article.
2.
Accessory structures shall not be located in a required buffer or in the required front yard setback.
3.
Accessory structures, except fences, walls and docks, may be located in the side or rear yard setback area provided the accessory structure is not more than ten feet in height and located with a minimum five-foot rear and/or side yard setback. Any accessory structure more than ten feet in height shall only be located in the rear yard and must meet the zoning district rear and side yard setback and height requirements.
4.
All accessory structures shall be included in the calculation of floor area ratio (FAR) and impervious surface ratio (ISR).
5.
The number of accessory structures on a property shall be limited to two structures, excluding fences, walls and pools; and except for accessory structures located within the POL district.
6.
Accessory structures, including fences, walls and docks/boathouses, within the permanently open lands (POL) zoning district shall be designed and located to minimize their obstruction or degradation of lake front view corridors.
C.
Certain building encroachments may be permitted into front and rear required setbacks. These include the following:
1.
Roof overhangs, bay windows, porches, decks, and exterior stairs may encroach into the required front or rear yard set back by three feet.
D.
Fences or walls.
1.
Fences or walls may be constructed in the front yard or along the front yard property boundary provided the fence is constructed parallel with the front of the principal structure and does not exceed four feet in height. Fences or walls may be located in the side or rear yard and constructed along the side yard or rear yard property boundary and shall be limited to six feet in height.
2.
All fencing or walls shall be of uniform building materials and color.
3.
All fencing or walls shall be constructed of commonly used materials such as chain link, wrought-iron, aluminum, wood, plastic (PVC) or masonry. Masonry block walls, except brick, shall have a finished appearance such as a stucco finish on the exterior. Wood fences shall have the finished side facing the street and abutting properties. Fences constructed of scrap metal or other offensive materials are prohibited.
E.
Docks and related structures.
1.
No dock or related structures (herein to be included in the term dock) shall be constructed without approval by the town commission or its designee, and any other permit approvals required by other agencies with jurisdiction over Lake Jovita.
2.
Any dock constructed prior to the adoption of this chapter shall only rebuild in compliance with this chapter. Further any existing docks shall not expand in size, height, length or add any roofed structures, unless approved by the town commission in accordance with the requirements regarding nonconformities in Article V.
3.
All applications for review of a proposed dock shall be in compliance with the submittal requirements set forth in Article X.
4.
All docks shall meet the following requirements:
a.
Only one dock shall be permitted for each Pasco County Property Appraiser folio/parcel number existing as of July 1, 2018 and consisting of a total of 30 parcels as depicted on the "Lake Jovita Bathymetric Contours" map dated July 1, 2018 maintained in the town's records.
b.
The following requirements relative to lake frontage and dock length, area and height shall be based on the established Southwest Florida Water Management District (SWFWMD) High Minimum Lake Level (HML) mark for Lake Jovita, which is defined as the 127-foot contour line above the National Geodetic Vertical Datum (NGVD).
i.
Docks with roofed structures on properties with 200 feet or more of lake frontage (frontage measured along the HML), the dock shall meet the side yard setback requirements of the zoning district. Docks without roofed structures shall provide a minimum side yard setback of 25 feet.
ii.
Docks with roofed structures on properties with less than 200 feet of lake frontage, the dock shall provide a minimum 25-foot side yard setback. Docks without roofed structures shall provide a minimum side yard setback of 15 feet.
iii.
The total dock area whether permanent or floating or any combination thereof shall not exceed 850 square feet in surface area, including roofed structure and boat slip area, as measured from the HML. Any portion of the dock/walkway area landward of the HML shall not be included in the total dock area calculation.
iv.
The dock deck, except for floating docks, shall be a minimum of six (6) inches or 0.5 feet above the HML, but not to exceed two (2) feet above HML.
v.
The height of any roofed structure shall not exceed 15 feet above the dock deck to the roof peak.
vi.
Based on the gentle slope of bathymetric contours in the north and southeast sections of Lake Jovita, the following twelve (12) parcels as identified by Pasco County Property Appraiser parcel numbers in effect on August 1, 2018, shall be limited to a permanent or floating dock or any combination thereof extending a maximum of 100 feet into the lake as measured from the HML: 01-25-20-0000-00300-0010, -00300-0011, -00400-0000, -00400-0030, -00400-0032, -00700-0000, -00900-0000, -00600-0000, -00200-0000, -03000-0010, 03000-0000, and -00100-0010. No other permanent or floating dock or any combination thereof, shall extend more than 50 feet into the lake as measured from the HML.
vii.
Based on their location adjacent to the canal extending north from Lake Jovita, the following four (4) parcels identified by the Pasco County Property Appraiser parcel numbers in effect as of July 1, 2018, shall be limited to a permanent or floating dock or any combination thereof extending a maximum of 25 percent of the width of the canal as measured from the HML: 01-25-20-0000-00400-0020, -00500-0000, -00400-0050, -00400-0010, The total dock area whether permanent or floating or any combination thereof shall not exceed two (2) square feet for every foot of the subject frontage along the canal. Total dock area includes roofed structure and boat slip area as measured from the HML. A minimum five (5) foot setback shall be provided from all property lines and a minimum 25-foot setback shall be provided from an existing dock structure on adjacent properties. All other provisions of this section not modified by this paragraph shall apply.
viii.
Based on their location at the mouth of the canal and Lake Jovita, the following two (2) parcels identified by the Pasco County Property Appraiser parcel numbers in effect as of July 1, 2018, require special regulations to ensure docks located on these properties which may extend up to 100 feet into Lake Jovita from the HML, do not limit navigation to and from the canal: 01-25-20-0000-00900-0000 and 01-25-20-0000-00600-0000. Any permanent or floating dock or any combination thereof located on these lots shall be located along the southern property line of parcel 01-25-20-0000-00900-0000 and the eastern property line of parcel 01-25-20-0000-00600-0000. The minimum setback from any property line shall be 15 feet for docks with or without roofed structures. The minimum setback from an existing dock structure(s) on an adjacent property shall be 25 feet to preserve the navigability of the canal channel. The required 15-foot minimum setback may be reduced to 5 feet along the southern property line of parcel 01-25-20-0000-00900-0000 and the eastern property line of parcel 01-25-20-0000-00600-0000 with the written consent of the adjoining property owner(s) as provided to and acknowledged by the town commission through the dock approval process. Any dock on these parcels constructed prior to the adoption of this section and chapter shall only rebuild in compliance with this section and this chapter. Any existing docks shall not expand in size, height, length or add any roofed structures, unless approved by the town commission in accordance with the requirements regarding nonconformities in Article V. All other provisions of this section not modified by this paragraph shall apply.
c.
Any roofed structure on a dock shall be open on all sides, shall be a pitched roof and shall not exceed 500 square feet in size. The roofed structure shall not extend more the two feet beyond the perimeter of the dock, including the slip area.
d.
All docks shall provide sufficient reflective materials or devices visible at night on all sides of the dock to provide for nighttime boating safety.
e.
No bathroom, cooking or flammable fueling facilities shall be permitted on any dock.
f.
A dock shall be limited to one boat slip and not more than a total of three motorized watercraft berthed/moored at the dock.
g.
No dock shall obstruct or restrict water access to or on the lake or obstruct any canals.
h.
Any flotation material used in floating docks shall be fully encapsulated; suitable for marine use; resistant to puncture, fire, cracking, peeling, or loss of pellets; and generally impervious to water or fuel damage.
(Ord. No. 11-01, § 2, 1-10-2011; Ord. No. 18-05, § 1, 7-9-2018)