Item K5
L/6
BOARD OF COUNTY COMMISSIONERS
C ounty of M onroe
Mayor David Rice, District 4
Mayor Pro Tem Craig Cates, District 1
The Florida Keys
Michelle Coldiron, District 2
Vacant, District 3
Holly Merrill Raschein, District 5
County Commission Meeting
April 20, 2022
Agenda Item Number: K.5
Agenda Item Summary #10452
BULK ITEM: No DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Emily Schemper (305) 289-2500
No
AGENDA ITEM WORDING: Discussion and Direction, as Requested by the BOCC at the
January 21, 2022 Meeting, Regarding Potential for Accessory Uses and Structures on Vacant
Parcels.
ITEM BACKGROUND: On January 21, 2020, the Board of County Commissioners (BOCC)
preparation of an agenda item for the BOCC to discuss and provide direction to staff on potential
options and concepts for accessory uses and structures on vacant parcels from which development
rights have been removed. The idea of using such parcels on the shoreline for docking facilities was
specifically mentioned, but the possibility of additional types of uses was requested to be discussed.
Currently, the Land Development Code allows accessory uses and/or structures to be placed on the
same lot/parcel or on a contiguous lot/parcel as an existing principal use or principal structure.
Contiguous parcels do not include parcels across the street. Docking facilities, however, may also be
permitted on adjacent lots/parcels, which include parcels across the street from a residence, provided
certain criteria are met \[Ref. LDC Sec. 118-12(m)(5)\]
Section 101-1 Definitions:
Accessory use or accessory structure means a use or structure that:
(1) Is subordinate to and serves an existing principal use or principal structure; and
(2) Each individual accessory use or accessory structure as well as in total/combined, is
subordinate in area (for this definition docks, pools, pool decks, driveways are
excluded from the total area), extent and purpose to an existing principal use or
principal structure served; and
(3) Contributes to the comfort, convenience or necessity of occupants of the principal
use or principal structure served; and
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L/6
(4) Is located on the same lot/parcel or on a lot/parcel that is under the same
ownership as the lot/parcel on which the principal use or principal structure is located;
and
(5) Is located on the same lot/parcel or on a contiguous lot/parcel as an existing
principal use or principal structure, excluding accessory docking facilities that may be
permitted on adjacent lots/parcels pursuant to section 118-12; and
(6) Is located in the same land use (zoning) district as the principal use or principal
structure, excluding off-site parking facilities pursuant to section 114-67.
Accessory uses include the utilization of yards for home gardens, provided that the
produce of the garden is for a non-commercial purpose. In no event shall an accessory
use or structure be established prior to the principal use to which it is accessory. With
approval from the Planning Director, an accessory use or structure may continue if its
principal use or structure is discontinued or removed for redevelopment, provided
that the owner is moving forward with continual development and with active
concurrent permits for redevelopment of a principal use or structure. Accessory uses
shall not include secondary dwelling units or lock-out units or any other habitable
structures that are occupied by a separate and independent household.
In the attached document, Staff has provided eleven (11) potential concepts for expanded
opportunities to develop docking facilities on vacant lots that contain shoreline, and initial staff input
and initial draft amendment language focused on docking facilities.
For all concepts listed, there are multiple challenges to consider, including but not limited to:
compatibility with community character, impact on neighboring properties and the environment, site
security, noise and other nuisance, enforcement of any restrictions imposed, and tracking of property
ownership. The purpose and benefits allowing such uses may include retirement of development
rights, ability to return vacant County properties to the tax roll, and addressing requests from the
public for use of such lots.
Staff is seeking direction from the BOCC on whether to begin processing amendments to the Land
Development Code (and possibly Comprehensive Plan) to allow such uses, and requests input on the
following details:
1.!Type of uses/structures to be allowed:
a.!Docking facilities
b.!Parking for vehicles (cars, trucks, trailers, RVs)
c.!Parking for private boat trailers
d.!Water and electricity
e.!Storage sheds, outdoor storage, garages
f.!Pools
g.!Gardens private, community
h.!
i.! play structures, pergolas, sitting areas
j.!Accessory workshop/bedroom/habitable space
2.!Location (see attached concepts):
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a.!Zoning
b.!Tier
c.!Proximity to dwelling unit under same ownership
3.!Restrictions:
a.!Fencing and/or landscaping requirements
b.!Prohibition on clearing of habitat
c.!Retirement of development rights
d.!Signage required with owner contact information
e.!Prohibition of rental to third parties
f.!Permit required to establish use
PREVIOUS RELEVANT BOCC ACTION:
Jan 21, 2022 BOCC directed staff to prepare a discussion item.
January 30, 2019, at a special meeting, the BOCC directed staff to NOT pursue a program idea to
add nonresidential uses to residential zoning districts (community gardens, small business, boat
trailer parking)
March 31, 2021, at a special meeting, the BOCC was again presented with a program idea to add
nonresidential uses to residential zoning districts (community gardens, small business, boat trailer
parking). The BOCC did not change/update the 2019 direction to NOT pursue this option at this
time.
CONTRACT/AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION: Staff is requesting direction from the BOCC regarding whether
or not to process such text amendments to the Land Development Code (and possibly
Comprehensive Plan), and any input on the detailed topics listed for consideration.
DOCUMENTATION:
Adjacent Parcel Concepts and Amendment Draft
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
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CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required: n/a
Additional Details:
n/a
REVIEWED BY:
Emily Schemper Completed 04/05/2022 1:25 PM
Peter Morris Completed 04/05/2022 4:36 PM
Purchasing Completed 04/05/2022 4:46 PM
Budget and Finance Completed 04/05/2022 4:46 PM
Risk Management Completed 04/05/2022 4:49 PM
Brian Bradley Completed 04/05/2022 4:50 PM
Lindsey Ballard Completed 04/05/2022 4:58 PM
Board of County Commissioners Pending 04/20/2022 9:00 AM
Qbdlfu!Qh/!2869
Item K5: Discussion and Direction, as Requested by the BOCC at the January 21, 2022
Meeting, Regarding Potential for Accessory Uses and Structures on Vacant Parcels.
Staff is seeking direction from the BOCC on whether to begin processing amendments to the Land Development
Code (and possibly Comprehensive Plan) to allow such uses, and requests input on the following details:
1. Type of uses/structures to be allowed:
a. Docking facilities ✓ g. Gardens — private, community X
b. Parking for vehicles (cars, trucks, trailers, h. Homeowners' parks
RVs) "'I A" i. Other "yard" uses — play structures,
c. Parking for private boat trailers . ✓ pergolas, sitting areas A
d. Water and electricity ✓ j. Accessory workshop/bedroom/habitable
e. Storage — sheds, outdoor storage, garages ✓ space )(
f. Pools
2. Location:
a. Zoning
b. Tier .-/1^0-- 4 T , j: f •. . 4A
-"7
c. Proximity to dwelling unit under same ownership
3. Restrictions:
a. Fencing and/or landscaping requirements$ information
b. Prohibition on clearing of habitat ✓ e. Prohibition of rental to third parties ✓
c. Retirement of development rights ✓ f. Permit required to establish use ✓
d. Signage required with owner contact i.4.tt.,,pufri,
Potential Concepts Staff input
Adding the deed restriction retiring development rights
��oudC@addint BMW °
Parcel with a home and a CP/LDC already allows this development
1 vacant parcel directly across without the need for any text changes to May consider adding a requirement of a Declaration of
the street Section 118-12(m)(5) Restrictive Covenants to link the two parcels associated
with the development of the accessory use and structure.
Adding the deed restriction retiring development rights •
iraamia
CP/LDC already allows this development vauld L 'a° ° si
Parcel with a home and a without the need for any text changes to
2 vacant parcel situated Section 118-12(m)(5)—provided the"corners May consider adding a requirement of a Declaration of
diagonally across the street of the parcels touch" Restrictive Covenants to link the two parcels associated
with the development of the accessory use and structure.
The proposed limit of 6OOft similar to off-site parking
Possibly propose for a vacant parcel on the requirement and noticing requirement.
same street if it is located no greater than 600
Parcel with a home and a feet walking distance, as measured by the Consider location from which to measure (either front
3 vacant parcel down the street shortest route of effective pedestrian access pedestrian access point or front property line).
(how far?) from the front of the existing house to the
front yard of the vacant parcel or as measured Either create new subsection for parcels up to 6OOft apart
from the front property line. or amend existing subsection.
With a vacant parcel not adjacent (or "in some sort of
view")to the existing house parcel, could lead to:
Do not recommend. Staff suggests only • can lead to maintenance issues
vacant parcels within reasonable walking • an attractive nuisance (children trespassing on
Parcel with a home and a distance and to a certain degree "in view" of "unmanaged"vacant parcel—possibly injury)
4 vacant parcel on a different the property owner of the existing house. • can fall in disrepair
street Possibly propose for a vacant parcel on • can lead to illegal RV storage/uses and desire for
different road, if it is "in view"from the back increased accessory uses (bathroom, shower, in
yard of the existing house. addition to storage for water related activities)
• can lead to more code compliance demands and
conflicts between property owners
BOCC Mtg.04.20.2022
Page 1 of 16
With a vacant parcel not adjacent (or "in some sort of •
Do not recommend. view")to the existing house parcel, could lead to:
• an attractive nuisance
Parcel with a home and a Staff suggests only vacant parcels within • can fall in disrepair
5 vacant parcel in a different reasonable walking distance and to a certain • can lead to maintenance issues
neighborhood degree"in view"of the property owner of the • can lead to illegal RV storage/uses
existing house. • can lead to more code compliance demands and
conflicts between roe owners
Parcel with a home and a
6 vacant parcel on a different •
island
Parcel with a home and a
7 vacant parcel some max See comments for concept#3 See comments for concept#4
defined distance awa
Not a current requirement but could be added A d r a o o addi _ INt,► W
-8 :Same tier or less,sensitive tier _There are neighborhoods with multiple tiers d mg_;:the._tier .crrte i _
on the same street tea arement
With•
.or without upland Not a current requirement but could be added
9 for the-vacant parcel to not have f upland: a a [off . o 0' a u
habitat
• 1 _habitat:and not encourage clearing of.habitat
77-7 Not a current requirement but could-be added
:,10` With or without wetlands for:the "vacant parcel_ to not 'have :wetland acEhl addi EMI
.:habitat and:not encourage filling of habitat:
'Only scarified vacant parcel t •
11 - Recommended ` o, ld be addin^ ,." ' •eq firemen
with no habitat
BOCC Mtg.04.20.2022
Page 2 of 16
Existing Provisions •
Comprehensive Plan Glossary
Accessory Use or Accessory Structure means a use or structure that:
(1) Is subordinate to and serves an existing principal use or principal structure; and
(2) Is subordinate in area, extent and purpose to an existing principal use or principal structure served (for this definition docks, pools, pool decks, driveways are excluded
from total area);and
(3) Contributes to the comfort,convenience or necessity of occupants of the principal use or principal structure served;and
(4) Is located on the same lot/parcel or on a lot/parcel that is under the same ownership as the lot/parcel on which the princi s al use or o rinci o al structure is located;and
5 Is located on the same lot/ arcel or on a conti uous lot/ arcel as an existinc principal use or principal structure, -xcluding accesso docking facilities that ma b:
emitted on adjacent lots/,parcels ursuan to section 1 8-12 of the Countyks LDL;and
(6) Is located in the same land use(zoning)district as the principal use or principal structure, excluding off-site parking facilities pursuant to section 114-67 of the County's
LDC.
(7)Accessory uses/structures shall not include secondary dwelling units or lock-out units or any other habitable structures that are occupied by a separate and independent
household.
Id'"�ace t means land sharin a bounds with another parcel of land at one or more points of intersection. n intervening road, nghtofw.ay or easeme_nt shall not estro
the adjacency of the two parcels,except for U,S. 1.
Contiguous means a sharing of a common border at more than a single point of intersection. Contiguity is not interrupted by utility easements.
Land Development Code
Sec. 101-1.-Definitions
Accessory use or accessory structure means a use or structure that:
(1) Is subordinate to and serves an existing principal use or principal structure;and
(2) Each individual accessory use or accessory structure as well as in total/combined, is subordinate in area (for this definition docks, pools, pool decks, driveways are
excluded from the total area),extent and purpose to an existing principal use or principal structure served;and
(3)Contributes to the comfort,convenience or necessity of occupants of the principal use or principal structure served;and
(4) Is located on the same lot/parcel or on a lot/parcel that is under the same ownership as the lot/parcel on which the princi oal use or o rinci oal structure is located;and
5 Is located on the same lot/parcel or on a contiguous lot/parcel as an existing principal use or principal structure, -xcludino accesso c oT oli fka goy
o-rmitteo on adjacent lots/parcels oursuant to section 118-12;ano
(6) Is located in the same land use(zoning)district as the principal use or principal structure,excluding off-site parking facilities pursuant to section 114-67.
Accessory uses include the utilization of yards for home gardens, provided that the produce of the garden is for a non-commercial purpose. In no event shall an accessory
use or structure be established prior to the principal use to which it is accessory.With approval from the Planning Director, an accessory use or structure may continue if its
principal use or structure is discontinued or removed for redevelopment, provided that the owner is moving forward with continual development and with active concurrent
permits for redevelopment of a principal use or structure.Accessory uses shall not include secondary dwelling units or lock-out units or any other habitable structures that
are occupied by a separate and independent household.
•
•
BOCC Mtg.04.20.2022
Page 3 of 16
dracent pa rel means a parcel of land sharinga bounda with another 'arcel of land at one or more .oints of intersection. For purposes of this Land Development Code, •
ankterv'.eningroadinigbtlol way or easementtsbal eliminate GiP destre fag ad'aeene C fln�OQ ( ,Q { ala 9
Contiguous parcels means parcels of land sharing of a common border at more than a single point of intersection. Contiguity is not interrupted by utility easements.
Sec. 118-12.-Shoreline Setback
(m Docking facilities. Docking facilities shall be permitted,provided that:
"5 Ad'acent parcell Notwithstanding the provisions of the definitions of"accesso use or accesso structure" and "adjacent Parcel" in Section 101-1, triP @r dockino
acili ies W L constructed @>nt adjacent oarcels under tag owl- - ?)ad dialag&oiN he fog frzoninoi district orovided find 5leoall, established 0001
t
.nd/,or structure exis s on one oared''In the event that ownership of the adjacent parcel containing such an accessory dock is severed from the parcel containing the principal
use/structure,the dock and any other improvements must be removed and the shoreline restored unless the new owner can also come into compliance with the adjacency .
requirements of this Section.
Utilities may be permitted for docks or docking facilities located on such adjacent parcels, however limited in the following manner:
a.The principal use served by the accessory dock or docking facility shall be a single-family residence or two-family residence(duplex).
b. Electrical service shall be limited to 30 amperes service with a maximum of two circuits.Electric service may be permitted for dock or docking facility use only and
shall not be used to service appliances such as, but not limited to, bait boxes or freezers.
c.Water service shall be limited to a%inch meter with back-flow preventer which shall provide service to a single-hose bib located at the dock or docking facility.
d.Use of the dock or docking facility shall be restricted to occupants of the principal residential use. Use by any other persons or entities is expressly prohibited.
e. Parking of motorized vehicles or trailers is prohibited.
f. Storing of boats on a dry portion of the lot or parcel that is not considered part of a dock or docking facility is prohibited.
g. Outdoor storage is prohibited.
h. Live-aboard use of vessels stored at the dock or docking facility is prohibited
•
BOCC Mtg.04.20.2022
Page 4 of 16
Example scenarios •
1. Directly across the street l'611-VadViperrnissible 2. Situated diagonally across the street alreadY1Permisslble
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BOCC Mtg.04.20.2022
Page 5 of 16
3. Parcel with a home and a vacant parcel down the street(how far?) ,staggest;no_great_e than 600,feet,walking\distance'(alsovforconcepf #7)
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BOCC Mtg.04.20.2022
Page 6 of 16
4. Home and a vacant parcel on a different street-Rio not recommend
5. Home and a vacant parcel in a different neighborhood- a notrecommend
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BOCC Mtg.04.20.2022
Page 7 of 16
4. Home and n vacant parcel on a different street A" recommend
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5. Home and a vacant parcel ino different neighborhood-do not recommend
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BOCC Mtg.04.20.2022
Page 10 of 16
Example amendment 1
Comprehensive Plan Glossary
Accessory Use or Accessory Structure means a use or structure that:
(1) Is subordinate to and serves an existing principal use or principal structure; and
(2) Is subordinate in area, extent and purpose to an existing principal use or principal structure served (for this definition docks,
pools, pool decks, driveways are excluded from total area); and
(3) Contributes to the comfort, convenience or necessity of occupants of the principal use or principal structure served; and
(4) Is located on the same lot/parcel or on a lot/parcel that is under the same ownership as the lot/parcel on which the principal .
use or principal structure is located; and
(5) Is located on the same lot/parcel or on a contiguous lot/parcel as an existing principal use or principal structure, excluding
accessory docking facilities that may be permitted on adjacent lots/parcels pursuant to section 118-12 of the County's LDC; and
(6) Is located in the same land use (zoning) district as the principal use or principal structure, excluding off-site parking facilities
pursuant to section 114-67 of the County's LDC.
(7) Accessory_uses/structures shall-not include_secondary-dwelling units or lock-out units or any other habitable-structures that are
occupied by a separate and independent household.
Land Development Code
Sec. 101-1. - Definitions
Accessory use or accessory structure means a use or structure that:
(1) Is subordinate to and serves an existing principal use or principal structure; and
- -(2) Each individual accessory use or accessory structure as well as in total/combined, is subordinate in area (for this definition
docks, pools, pool decks, driveways are excluded from the total area), extent and purpose to an existing principal use or principal
structure served; and
(3) Contributes to the comfort, convenience or necessity of occupants of the principal use or principal structure served; and
(4) Is located on the same lot/parcel or on a lot/parcel that is under the same ownership as the lot/parcel on which the principal
use or principal structure is located; and •
(5) Is located on the same lot/parcel or on a contiguous lot/parcel as an existing principal use or principal structure, excluding
accessory docking facilities that may be permitted on adjacent lots/parcels pursuant to section 118-12; and
(6) Is located in the same land use (zoning) district as the principal use or principal structure, excluding off-site parking facilities
pursuant to section 114-67.
Accessory uses include the utilization of yards for home gardens, provided that the produce of the garden is for a non-commercial
purpose. In no event shall an accessory use or structure be established prior to the principal use to which it is accessory. With
approval from the Planning Director, an accessory use or structure may continue if its principal use or structure is discontinued or
removed for redevelopment, provided that the owner is moving forward with continual development and with active concurrent
BOCC Mtg.04.20.2022
Page 11 of 16
permits for redevelopment of a principal use or structure. Accessory uses shall not include secondary dwelling units or lock-out
units or any other habitable structures that are occupied by a separate and independent household.
Sec. 118-12. - Shoreline Setback
(m) Docking facilities. Docking facilities shall be permitted, provided that:
(5) Adjacent parcel. Notwithstanding the provisions of the definitions of "accessory use or accessory structure" and "adjacent
parcel" in Section 101 1, dDocks or docking facilities may be constructed on adjacent parcels under the same ownership and
within the same land use (zoning) district, provided that a legally established principal use and/or structure exists on one parcel.
The parcels shall be designated Tier Ill without hammock or wetland habitat. Further, the owner of the vacant parcel where the
dock or docking facilities may be located must agree to a deed restriction, filed in the public records, severing any potential
development rights for habitable space on the vacant parcel. In the event that ownership of the adjacent parcel containing such
an accessory dock is severed from the parcel containing the principal use/structure, the dock and any other improvements must
be removed and the shoreline restored unless the new owner can also come into compliance with the adjacency requirements of
this subsSection.
-Utilities may be-permitted-for-docks-or-docking facilities located on such adjacent parcels, however limited in the-following manner:
a. The principal use served by the accessory dock or docking facility shall be a single-family residence or two-family
residence (duplex).
b. Electrical service shall be limited to 30 amperes service with a maximum of two circuits. Electric service may be permitted
for dock or docking facility use only and shall not be used to service appliances such as, but not limited to, bait boxes or
freezers.
c. Water service shall be limited to a 5 inch meter with back-flow preventer which shall provide service to a single-hose bib
located at the dock or docking facility.
d. Use of the dock or docking facility shall be restricted to occupants of the principal residential use. Use by any other
persons or entities is expressly prohibited.
e. Parking of motorized vehicles or trailers is prohibited.
f. Storing of boats on a dry portion of the lot or parcel that is not considered part of a dock or docking facility is prohibited.
g. Outdoor storage is prohibited.
h. Live-aboard use of vessels stored at the dock or docking facility is prohibited.
(6) Parcels within 600 foot walking distance. Docks or docking facilities may be constructed on vacant parcels under the same
ownership, within the same land use (zoning) district, provided that a legally established principal use and/or structure exists on
one parcel and that both parcels are on the same street and located no greater than 600 feet walking distance, as measured by
the shortest route of effective pedestrian access from the front of the existing house (alternatively: or the front property line) to the
front yard of the vacant parcel. The parcels shall be designated Tier III without hammock or wetland habitat. Further, the owner of
the vacant parcel where the dock or docking facilities may be located must agree to a deed restriction, filed in the public records,
severing any potential development rights for habitable space on the vacant parcel and clearly indicate the parcel developed with
BOCC Mtg.04.20.2022
Page 12 of 16
accessory uses and structures is associated with a parcel containing a principal use. In the event that ownership of the parcel
containing such an accessory dock is severed from the parcel containing the principal use/structure, the dock and any other
improvements must be removed and the shoreline restored unless the new owner can also come into compliance with the
requirements of this subsection.
Utilities may be permitted for docks or docking facilities located on such parcels, however limited in the following manner:
a. The principal use served by the accessory dock or docking facility shall be a single-family residence or two-family
residence (duplex).
b. Electrical service shall be limited to 30 amperes service with a maximum of two circuits. Electric service may be permitted
for dock or docking facility use only and shall not be used to service appliances such as, but not limited to, bait boxes or
freezers.
c. Water service shall be limited to a % inch meter with back-flow preventer which shall provide service to a single-hose bib
located at the dock or docking facility.
d. Use of the dock or docking facility shall be restricted to occupants of the principal residential use. Use by any other
persons or entities is expressly prohibited.
e. Parking of motorized vehicles or trailers is prohibited.
f. Storing-of boats on a-dry portion-of the lot or-parcel that is not considered-part of a dock or docking facility is prohibited.
g. Outdoor storage is prohibited.
h. Live-aboard use of vessels stored at the dock or docking facility is prohibited.
•
BOCC Mtg.04.20.2022
Page 13 of 16
Ex max pleamendment 2
Comprehensive Plan Glossary
Accessory Use or Accessory Structure means a use or structure that:
(1) Is subordinate to and serves an existing principal use or principal structure; and
(2) Is subordinate in area, extent and purpose to an existing principal use or principal structure served (for this definition docks,
pools, pool decks, driveways are excluded from total area); and
(3) Contributes to the comfort, convenience or necessity of occupants of the principal use or principal structure served; and
(4) Is located on the same lot/parcel or on a lot/parcel that is under the same ownership as the lot/parcel on which the principal
use or principal structure is located; and
(5) Is located on the same lot/parcel or on a contiguous lot/parcel as an existing principal use or principal structure, excluding
accessory docking facilities that may be permitted on adjacent lots/parcels pursuant to section 118-12 of the County's LDC; and
(6) Is located in the same land use (zoning) district as the principal use or principal structure, excluding off-site parking facilities
pursuant to section 114-67 of the County's LDC.
(7)Accessory uses/structures shall not include secondary dwelling units or lock-out units or any other habitable structures that are
occupied_by-a-separate and independent household.
Land Development Code
Sec. 101-1. - Definitions
Accessory use or accessory structure means a use or structure.that:
(1) Is subordinate to and serves an existing principal use or principal structure; and
(2) Each individual accessory use or accessory structure as well as in total/combined, is subordinate in area (for this definition
- docks, pools, pool decks, driveways are excluded from the total area), extent and purpose to an existing principal use or principal
structure served; and
(3) Contributes to the comfort, convenience or necessity of occupants of the principal use or principal structure served; and
(4) Is located on the same lot/parcel or on a lot/parcel that is under the same ownership as the lot/parcel on which the principal
use or principal structure is located; and
(5) Is located on the same lot/parcel or on a contiguous lot/parcel as an existing principal use or principal structure, excluding .
accessory docking facilities that may be permitted on adjacent lots/parcels pursuant to section 118-12; and
(6) Is located in the same land use (zoning) district as the principal use or principal structure, excluding off-site parking facilities
pursuant to section 114-67.
Accessory uses include the utilization of yards for home gardens, provided that the produce of the garden is for a non-commercial
purpose. In no event shall an accessory use or structure be established prior to the principal use to which it is accessory. With
approval from the Planning Director, an accessory use or structure may continue if its principal use or structure is discontinued or
removed for redevelopment, provided that the owner is moving forward with continual development and with active concurrent
BOCC Mtg.04.20.2022
Page14of16
permits for redevelopment of a principal use or structure. Accessory uses shall not include secondary dwelling units or lock-out
units or any other habitable structures that are occupied by a separate and independent household.
Sec. 118-12. -Shoreline Setback
(m) Docking facilities. Docking facilities shall be permitted, provided that:
(5) Adjacent parcel. Notwithstanding the provisions of the definitions of"accessorusse--eF-assessor ture"and"adjacent
parcel" in Section 101 1, dDocks or docking facilities may be constructed on adjacent parcels under the same ownership and
within the same land use (zoning) district, provided that a legally established principal use and/or structure exists on one parcel.
The parcels shall be designated Tier II and do not propose any clearing of hammock or filling of wetland habitat. To develop a dock
or docking facilities under this subsection, a restrictive covenant is required to eliminate any potential development rights for
habitable space on the vacant parcel, restrict the use of the dock or docking facility to the occupants of the principal residential
use; prohibit the parking or storage of motorized vehicles or trailers or vessels on the land; prohibit outdoor storage; and prohibit
live-aboard use of vessels stored at the dock or docking facility.
In the event that ownership of the adjacent parcel containing such an accessory dock is severed from the parcel containing the
- --principal-use/str-ucture, the dock and any-other improvements must-be removed and the shoreline restored unless the new owner
can also come into compliance with the adjacency requirements of this subsection.
Utilities may be permitted for docks or docking facilities located on such adjacent parcels, however limited in the following manner:
a. The principal use served by the accessory dock or docking facility shall be a single-family residence or two-family
residence (duplex).
b. Electrical service shall be limited to 30 amperes service with a maximum of two circuits. Electric service may be permitted
for dock or docking facility use only and shall not be used to service appliances such as, but not limited to, bait boxes or
freezers.
c. Water service shall be limited to a % inch meter with back-flow preventer which shall provide service to a single-hose bib
located at the dock or docking facility.
d. Use of the dock or docking facility shall be restricted to occupants of the principal residential use. Use by any other
persons or entities is expressly prohibited.
e. Parking of motorized vehicles or trailers is prohibited.
f. Storing of boats on a dry portion of the lot or parcel that is not considered part of a dock or docking facility is prohibited.
g. Outdoor storage is prohibited.
h. Live-aboard use of vessels stored at the dock or docking facility is prohibited.
(6) Parcels within 600 foot walking distance. Docks or docking facilities may be constructed on vacant parcels under the same
ownership, within the same land use (zoning) district, provided that a legally established principal use and/or structure exists on
one parcel and that both parcels are on the same street and located no greater than 600 feet walking distance, as measured by
the shortest route of effective pedestrian access from the front of the existing house (alternatively: or the front property line) to the
BOCC Mtg.04.20.2022 •
Page 15 of 16
front yard of the vacant parcel. The parcels shall be designated Tier II and do not propose any clearing of hammock or filling of
wetland habitat. To develop a dock or docking facilities under this subsection, a restrictive covenant is required to eliminate any •
potential development rights for habitable space on the vacant parcel, restrict the use of the dock or docking facility to the occupants
of the principal residential use; prohibit the parking or storage of motorized vehicles or trailers or vessels on the land; prohibit
outdoor storage; and prohibit live-aboard use of vessels stored at the dock or docking facility.
In the event that ownership of the parcel containing such an accessory dock is severed from the parcel containing the principal
use/structure, the dock and any other improvements must be removed and the shoreline restored unless the new owner can also
come into compliance with the requirements of this subsection.
Utilities may be permitted for docks or docking facilities locate d on such parcels, however limited in the following manner:
a. The principal use served by the accessory dock or docking facility shall be a single-family residence or two-family
residence (duplex).
b. Electrical service shall be limited to 30 amperes service with a maximum of two circuits. Electric service may be permitted
for dock or docking facility use only and shall not be used to service appliances such as, but not limited to, bait boxes or
freezers.
c. Water service shall be limited to a % inch meter with back-flow preventer which shall provide service to a single-hose bib
located at the dock or docking facility.
d. Use of the dock or docking facility shall be restricted to occupants of the principal residential use. Use by any other
persons or entities is expressly prohibited.
e. Parking of motorized vehicles or trailers is prohibited.
f. Storing of boats on a dry portion of the lot or parcel that is not considered part of a dock or docking facility is prohibited.
g. Outdoor storage is prohibited.
h. Live-aboard use of vessels stored at the dock or docking facility is prohibited.
BOCC Mtg.04.20.2022 •
Page 16 of 16