§ 38-1426. Accessory dwelling units.

(a)

The intent and purpose of this section is to allow accessory dwelling units (ADUs) to encourage infill development and to facilitate affordable housing, while maintaining the single-family character of the primary single-family dwelling unit and the neighborhood.

(b)

An accessory dwelling unit may be allowed on a lot or parcel as a special exception in any residential or agricultural zoning district (including a residential lot or parcel on an existing planned development). The accessory dwelling unit shall be an accessory use to the primary single-family dwelling unit and the primary single-family dwelling unit shall qualify as homestead property. Only one (1) accessory dwelling unit may be permitted per lot or parcel. The accessory dwelling unit shall not be constructed prior to the construction and occupation of the primary dwelling unit.

(c)

The BZA/BCC may impose conditions addressing compatibility, which may include prohibiting the accessory dwelling unit from being initially leased, rented or otherwise used or occupied by someone other than a relative. For purposes of this section, a "relative" is a lineal ascendant or lineal descendant of the owner of the lot or parcel where the primary single family dwelling is located (or of the owner's spouse). In the event a condition is imposed requiring that the accessory dwelling unit be initially occupied by a relative, the accessory dwelling unit may be occupied by a nonrelative three (3) years after being initially occupied by a relative or after the relative has died, whichever occurs first.

(d)

In addition to what is normally required for an application for a special exception, an application for a special exception for an accessory dwelling unit shall contain or be accompanied by the following information and documentation:

(1)

A site plan prepared in compliance with section 106.1.2 of the Florida Building Code, as amended by section 9-33 of the Orange County Code;

(2)

An exterior elevation drawing of the proposed accessory dwelling unit, regardless of whether it is proposed to be attached or detached; and

(3)

A photograph or exterior elevation drawing of the primary single-family dwelling unit.

(e)

In order to approve a special exception for an accessory dwelling unit, the county shall determine that the proposed accessory dwelling unit is designed to be similar and compatible with the primary single-family dwelling unit and that it will be compatible with the character of the neighborhood. A manufactured home constructed pursuant to United States Department of Housing and Urban Development standards or a mobile home may not be used as an accessory dwelling unit in any single family residential zoned district.

(f)

After an application for a special exception for an accessory dwelling unit is approved, the accessory dwelling unit shall be subject to the following performance standards and requirements:

(1)

Ownership. The primary single-family dwelling unit and the accessory dwelling unit shall be under single ownership at all times. Also, the primary dwelling unit or the accessory dwelling unit shall be occupied by the owner at all times. Approval of an accessory dwelling unit shall not and does not constitute approval for separate ownership or the division of the lot or parcel. Any request to divide the lot or parcel shall comply with and be subject to applicable laws, ordinances and regulations, including zoning regulations and access requirements.

(2)

Living area. The minimum living area of an accessory dwelling unit shall be five hundred (500) square feet. However, the maximum living area of an accessory dwelling unit shall not exceed forty-five (45) percent of the living area of the primary dwelling unit or one thousand (1,000) square feet, whichever is less, and shall not contain more than two (2) bedrooms. For lots/parcels equal to or greater than two (2) acres, the maximum living area shall be one thousand five hundred (1,500) square feet.

(3)

Lot or parcel size. The size of the lot or parcel shall be equal to or greater than the minimum lot area required for a single-family dwelling unit in the zoning district. An attached accessory dwelling unit may only be constructed on a lot or parcel whose area is equal to or greater than the minimum lot area required in the zoning district. A detached accessory dwelling unit may only be constructed on a lot or parcel whose area is at least one and one half (1½) times the minimum lot area required in the zoning district.

(4)

Open space. An accessory dwelling unit shall be treated as part of the impervious surface area of a lot or parcel. The open space requirements for a single-family lot or parcel shall be met notwithstanding the construction of an accessory dwelling unit.

(5)

Setbacks. The setbacks for an attached accessory dwelling unit shall be the same as those required for the primary dwelling unit. In addition, a detached accessory dwelling unit shall be located only to the side or rear of the primary dwelling unit and shall be separated from the primary dwelling unit by at least ten (10) feet, and the distance separation shall not be less than the distance required under Section 610 ("Buildings Located on the Same Lot") and Table 600 of the 1991 edition of the Standard Building Code, as it may be amended from time to time. Moreover, a one-story detached accessory dwelling unit shall be setback a minimum of ten (10) feet from the rear property line and shall meet the minimum side setbacks for a primary structure in the zoning district. A two-story detached accessory dwelling unit located above a detached garage shall have ten (10) foot side and ten (10) foot rear setbacks.

(6)

Entrance. An attached accessory dwelling unit may either share a common entrance with the primary dwelling unit or use a separate entrance. However, a separate entrance shall be located only on the side or rear of the structure.

(7)

Parking. One (1) additional off-street parking space shall be required for an accessory dwelling unit. The additional space requirement may be met by using the garage, carport or driveway of the primary dwelling unit.

(8)

Water and sewer. Adequate water and wastewater capacity shall exist for an accessory dwelling unit. Approval of a special exception for an accessory dwelling unit shall not constitute approval for use of a septic system and/or a well. If a septic system and/or a well must be utilized, applicable laws, ordinances and regulations shall control. An attached accessory dwelling unit shall not apply for and obtain a separate water meter.

(9)

Electrical. A detached accessory dwelling unit may apply for and obtain a separate power meter, subject to the approval of the utility company and complying with all applicable laws, ordinances and regulations. An attached accessory dwelling unit shall not have or obtain a separate power meter.

(10)

Impact fees and capital fees. The impact fees for an accessory dwelling unit shall be accessed at the multi-family rate. Water and wastewater capital fees for the accessory dwelling unit shall be assessed at the multi-family rate.

(11)

Other laws, ordinances, and regulations. All other applicable laws, ordinances and regulations shall apply to the primary dwelling unit and the accessory dwelling unit.

(g)

After September 23, 2016, accessory dwelling units may be permitted in a planned development without the need for a special exception, subject to the following requirements:

(1)

Unless the PD land use plan (LUP) and/or PSP identifies ADUs as a permitted use, a change determination or an amendment to the PD/PSP shall be required, or if the property is platted as separate lot or parcel, a special exception shall be required;

(2)

The ADUs shall meet the performance standards in section 38-1426(f)(1) through (11), except for the need for a special exception (unless it is platted as a separate lot or parcel); and

(3)

The property shall be platted with covenants and restrictions for all the lots in the plat identifying that ADUs are a permitted use.

(Ord. No. 95-21, § 2, 7-25-95; Ord. No. 98-37, § 27, 12-15-98; Ord. No. 2008-06 , § 24, 5-13-08; Ord. No. 2016-19 , § 39, 9-13-16)