Item M4BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: January 21, 2015 Division: Growth Management
Bulk Item: Yes _ No X Department: Planning & Environmental Resources
Staff Contact Person/Phone #: Christine Hurley, Ext. 2517
Joseph Haberman, 305-509-2477
AGENDA ITEM WORDING:
A Public Hearing to consider an ordinance amending §101-1, §130-186 and §130-189 of the Monroe
County Code (MCC) relating to setbacks.
ITEM BACKGROUND:
The purposes of the proposed amendments are to 1) establish setback requirements for the
Conservation (C) and Recreational Vehicle (RV) districts, 2) modify the setback requirements for the
Airport (AD) and Park and Refuge (PR) districts, 3) modify the setback requirements for corner lots, 4)
modify the applicability of required yards for accessory walkways and driveways, and 5) clarify the
setback requirements for side yards. More specifically, the amendments:
• MCC §101-1 provides definitions for terms used in the Land Development Code. To clarify the
requirements, this ordinance amends the following existing definitions that are used in the
application of setback regulations: Double frontage (revision), Lot (revision), Lot lines, front
(deletion), Lot lines, rear (deletion), Lot lines, side (deletion), Setback (revision), Yard
(deletion), Yard, front (revision), Yard, rear (revision), and Yard, side (revision).
• MCC § 130-186 does not provide any setback requirements for the C and RV districts. This
ordinance establishes such setback requirements.
• In MCC §130-186, the existing setback requirements for the AD and PR districts do not reflect
current development conditions and usage of those properties zoned AD and PR. This
ordinance amends the setback requirements of the AD and PR districts.
• In MCC §130-186, the existing front yard setback requirements were established without a full
analysis of impact. This ordinance establishes a primary front yard requirement and a
secondary front yard requirement to address recurring issues related to double frontage
properties, including corner lots.
• In MCC §130-186, the existing side yard setback requirements were established in a manner
that may be open to interpretation. This ordinance establishes a primary side yard requirement
and a secondary side yard requirement to address recurring issues. In addition, this ordinance
clarifies that there is always a minimum 5' side yard setback.
• In MCC § 130-189, this ordinance amends the applicability of required yards for accessory
structures such as walkways and driveways. In addition, it clarifies the applicability of the
newly identified primary front/side yard requirements and secondary front/side yard
requirements.
During a meeting held on October 28, 2014, the DRC reviewed the ordinance and recommended
approval to the BOCC. During a public hearing held on November 19, 2014, the Planning Commission
reviewed the ordinance and recommended approval to the BOCC.
PREVIOUS RELEVANT BOCC ACTION:
MCC §101-1 (formerly numbered §9.5-4) was established in 1986 following the adoption of
Ordinance #033-1986. Several ordinances have subsequently been approved to revise, add and delete
definitions. Concerning several of the definitions that are subject of this amendment, a substantive
amendment was carried out by Ordinance #035-2005.
MCC §130-186 (formerly numbered §95-281) was established in 1986 following the adoption of
Ordinance 4033-1986 - later amended with the adoption of Ordinance #040-1987. Substantive
amendments were carried out by Ordinances #025-2001 and #023-2013.
MCC § 130-189 (formerly numbered §9.5-285) was established in 1986 following the adoption of
Ordinance #033-1986. A substantive amendment was later carried out by Ordinance #024-2002.
CONTRACT/AGREEMENT CHANGES: None
STAFF RECOMMENDATION: Approval.
TOTAL COST: NIA INDIRECT COST: NIA BUDGETED: Yes No NIA
DIFFERENTIAL OF LOCAL PREFERENCE: N/A
COST TO COUNTY: NIA
SOURCE OF FUNDS: NIA
REVENUE PRODUCING: Yes No N/A AMOUNT PER MONTH NIA Year
APPROVED BY: County Atty X OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #
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7 MONROE COUNTY, FLORIDA
8 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
9 ORDINANCE NO. - 2015
10
11 AN ORDINANCE BY THE MONROE COUNTY BOARD OF
12 COUNTY COMMISSIONERS AMENDING MONROE COUNTY
13 CODE SECTION 101-1, DEFINITIONS; AMENDING MONROE
14 COUNTY CODE SECTION 130-186, MINIMUM YARDS;
15 AMENDING MONROE COUNTY CODE SECTION 130-189,
16 APPLICABILITY OF REQUIRED YARDS; ESTABLISHING
17 SETBACK REQUIREMENTS FOR THE CONSERVATION (C)
18 AND RECREATIONAL VEHICLE (RV) LAND USE DISTRICTS;
19 MODIFYING THE SETBACK REQUIREMENTS FOR THE
20 AIRPORT (AD) AND PARK AND REFUGE (PR) LAND USE
21 DISTRICTS; MODIFYING THE SETBACK REQUIREMENTS
22 FOR CORNER LOTS; MODIFYING THE APPLICABILITY OF
23 REQUIRED YARDS FOR ACCESSORY WALKWAYS AND
24 DRIVEWAYS; CLARIFYING THE SETBACK REQUIREMENTS
25 FOR SIDE YARDS; PROVIDING FOR SEVERABILITY;
26 PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;
27 PROVIDING FOR TRANSMITTAL TO THE STATE LAND
28 PLANNING AGENCY AND THE SECRETARY OF STATE;
29 PROVIDING FOR CODIFICATION; PROVIDING FOR AN
30 EFFECTIVE DATE.
31
32 WHEREAS, the purposes of the proposed amendments are to 1) establish setback
33 requirements for the Conservation (C) and Recreational Vehicle (RV) districts, 2) modify the
34 setback requirements for the Airport (AD) and Park and Refuge (PR) districts, 3) modify the
35 setback requirements for corner lots, 4) modify the applicability of required yards for accessory
36 walkways and driveways, and 5) clarify the setback requirements for side yards; and
37
38 WHEREAS, Monroe County Code §101-1 provides definitions for terms used in the Land
39 Development Code. To clarify the requirements, this ordinance amends the following existing
40 definitions that are used in the application of setback regulations: Double frontage (revision), Lot
41 (revision), Lot lines, front (deletion), Lot lines, rear (deletion), Lot lines, side (deletion), Setback
42 (revision), Yard (deletion), Yard, front (revision), Yard, rear (revision), and Yard, side (revision);
43 and
44
Page 1 of 10
1 WHEREAS, Monroe County Code §130-186 does not provide any setback requirements for
2 the Conservation (C) and Recreational Vehicle (RV) districts. This ordinance establishes such
3 setback requirements; and
4
5 WHEREAS, in Monroe County Code §130-186, the existing setback requirements for the
6 Airport (AD) and Park and Refuge (PR) districts do not reflect current development conditions
7 and usage of those properties zoned AD and PR. This ordinance amends the setback
8 requirements of the AD and PR districts; and
9
10 WHEREAS, in Monroe County Code §130-186, the existing front yard setback
11 requirements were established without a full analysis of impact. This ordinance establishes a
12 primary front yard requirement and a secondary front yard requirement to address recurring
13 issues related to double frontage properties, including corner lots; and
14
15 WHEREAS, in Monroe County Code § 130-186, the existing side yard setback requirements
16 were established in a manner that may be open to interpretation. This ordinance establishes a
17 primary side yard requirement and a secondary side yard requirement to address recurring issues.
18 In addition, this ordinance clarifies that there is always a minimum five foot side yard setback;
19 and
20
21 WHEREAS, in Monroe County Code § 130-189, this ordinance amends the applicability of
22 required yards for accessory structures such as walkways and driveways. In addition, it clarifies
23 the applicability of the newly identified primary front/side yard requirements and secondary
24 front/side yard requirements; and
25
26 WHEREAS, the Commission makes the following Conclusions of Law: 1) the
27 ordinance/text amendment is consistent with the Principles for Guiding Development in the
28 Florida Keys Area of Critical State Concern; 2) the ordinance/text amendment is consistent with
29 the provisions and intent of the Monroe County Comprehensive Plan; and 3) the ordinance/text
30 amendment is consistent with the provisions and intent of the Monroe County Code; and
31
32 WHEREAS, during a meeting held on October 28, 2014, the Monroe County Development
33 Review Committee reviewed the ordinance and recommended approval to the Board of County
34 Commissioners; and
35
36 WHEREAS, during a public hearing held on November 19, 2014, the Monroe County
37 Planning Commission reviewed the ordinance and recommended approval to the Board of
38 County Commissioners;
39
40 NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD OF
41 COUNTY CONDESSIONERS:
42
43 Section 1. Section 101-1 of the Monroe County Code shall be amended as follows (deletions are
44 str-ieken thfough and additions are underlined):
45
46
Page 2 of 10
Sec. 101-1. Definitions.
The following words, terms and phrases, when used in this elaptex Land Development Code,
shall have the meanings ascribed to them in this section, except where the context clearly
indicates a different meaning:
Double frontage means a -et parcel of land having frontage on two or more roads
, including, but not limited to through lots and
enrnar lnte
Lot means a par^ l of land eeeupied of intefided for--eE by an individual
areas and paddiig spaees duly recorded lot as shown on a plat a roved by the County.
Lot lines-, fr-ent, means in the ease of a lat abutting only ene stfeet, the street fight ef way line
separ-afing sueh lot fr-effi seeh street; in the ease of a double fr-entage let or- eer-ner- let, ea
street r4ght ef way line separating sueh lot fr-em a street shall be eensider-ed te be the ff-efit
line—
let line that is
te ffem ffe
> > Fneans a fnest near4y
lat line ef the let. In the ease ef a lot where the
parallel and mast Elistant the
side let lines intefseet thefe shall be ne rear -
let line ia the lets that ha-ve fr-entage
ffind ease of
lat lines be
on n+afe than ene read or- street, nanfr-eatage
shall eensidered side yards.
Let lines-, side, ffieans a let line that is neither a fr-efit or- feaf lot lin 'Fendiealai- of
Setback means the area between a building or structure and the
property line of the let parcel of land on which the building or structure is located,
unoccupied and unobstructed from the ground upward, except for fences or as other-wis,_,
previded in these r-egulatiens other development permitted in the area as provided for in this
Land Development Code. In measuring a setback, the horizontal distance between the lot
property line and the furthermost projection of the maw building or structure shall be used.
Further, the setback shall be measured at a right
angle-s (90 degrees) from the property line.
Page 3 of 10
I Yard ffleans afl epen spaee at gr-ade that is the wAnifnum requifed sethaek between a struetur-e
2
3 .
4
5 Yard, front, means a required epen spaee setback on a let parcel of land that extends aer-ess is
6 located along the full length of the front property of alet the parcel and is generally
7 adjacent to a road ,
8 the font lot line On ^e,. er lots of parcels fronting more than one road, such as corner lots
9 and double frontage lets -parcels, each yard €renege -en alon& a stfeet road shall be a front
10 yard.
11
12 Yard, rear, means a required open spaee setback on a let parcel of land that e*tends is
13 located along the full length of the rear let property line and is generally on the opposite side
14 of the primary, f�yard, the Ele th of which : measufed p eadieulaf y to the Fear- let fine
15
16 Yard, side, means a required epen space setback on let a parcel of land that extends is located
17 along the full length of the side let propert.y line and is eg nerally between the required front
18 3afd and required rear property lines yuia, fhn_depth _of which : feper-pe ..,�:,.,,lar4 . to
u ua
19 the side lat line. Ri the ease of Eb ge lets, side yards shall w�tend ffem the rear- fines,
20 of the required fr-ent yards. In the ease ef eer-ae-r lets, yai7ds FeEnaining after fr-ent yards ha
21 .
22
23
24
25 Section 2. Section 130-186 of the Monroe County Code shall be amended as follows (deletions
26 are strieken through and additions are underlined):
27
28 Sec.130-186. Required setbacks. ?Animum yards
29
30 Unless otherwise allowed for in this Land Development Code
31 114 20 and 130 ' 87-, no structure or land shall be developed, used or occupied except in
32 accordance with the bulk regulations set out in the following table. Side yards indieated se
33
34 ; where thefe are twe side
35 yafds, the first number- is the fequir-ed side yard for one ef the twe side yafds. The seeend
36 numbeir_i _the -.,.,• eembined +.-.r.,i f both side yards (where there e two side yards).
37
Land Use District /
Land Use
Primary
Front Yard
(ft.)
Secondary
Primary
Side Yard
(ft.)
Secondary
Rear Yard
(ft.)
Front Yard
Side Yard
ftl
Airport (AD)
25
25
10
10
25
Commercial 1 (C1)
25
15
10
5
10
Commercial 2 (C2
15
15
10
5
10
Commercial Fishing
Area (CFA).,
25
15
10
5
20
Page 4 of 10
Commercial Fishing
Special District (CFSD),
and Commercial Fishing
Village CFV
Conservation (C)
25
15
10
5
20
Destination Resort (DR)
50
25
20
15
30
hnproved Subdivision
i US
25
15
10
5
20
Industrial (1)
25
15
10
5
25
Mainland Native (MN)
25
25
10
5
20
Maritime Industries (MI)
25
25
1 10
5
25
Military Facilities (MF)
25
1 15
10
15
120
Mixed Use (MU)
Residential
25
15
10
5
20
Nonresidential and
Mixed Use
15
15
10
5
10
Native Area (NA)
25
15
10
5
20
Offshore Island (OS)
25
15
10
5
20
Park and Refuge
25
15
10
10
10
Recreational Vehicle
LRYI
25
15
10
5
10
Sparsely Settled,-(5SI
25
15
10
5
10
Suburban Commercial
25
15
10
5
10
Suburban Residential
25
15
10
5
10
LaRl
Suburban Residential
25
15
10
5
10
Limited (SR-L)
Urban eCommercial
15
15
W/15 10
5
10
Urban rResidential (UR):
15
15
10
5
10
n +tea
4-5
--
I +W43
I --
140
Urban rResidential
rnMobile hHome (URM)
Lots less than 50
feet wide
10
—
10
—
5
—
5
—
10
—
Detaehed
:.,e.fi ,
40
--
-540
--
40
Mebi a hef es
40
--
540
--
470
Lots 50 feet wide or
greater
10
10
10
5
—
10
r, d
4-0
--
WA5
--
40
Page 5 of 10
Nlebile he
4-0
--
444-5
--
40
Urban r-Residential
mMobile hHome -
1Limited (URM-L)
"A 10
10
7 /lam 10
10
40-t 10
C,..,,., e f : ,T ,
25
--
4045
--
4700
He tot
25--
10115
--
40
8t�f
25
--
�5
--
40
Detwhe
25
iW5
--
40
25
--
--
4-0
SpaFsely settled:
Detwhe
residential
4-5
--,44
--
4-5
Ofllef
2-5
4-0
Off-Shme
25
-2-0
lie
25
--
/ M
--
20
Mainland -native
25
Mvi§
--
N9
WA5
--
20
Cenmnayeia4 fishing
distfiet-s)
Detwhedt
:&4,fi:.,,
20
8dler
20
MixedTT�o•
-vas
Detaehedz5
Attwhed
2-5
NkA
20
residential
OthF
4-5
--
i(W5
--
4-0
--
WAS
--
I5
--
i(As
--
25
25
--
--
2000
S�A/20
Park and-Fefuge
m
--
50
--
50
*Applies to new eenstruction eiily.-
Page 6 of 10
2 Section 3. Section 130-189 of the Monroe County Code shall be amended as follows (deletions
3 are skefi ah-re- and additions are underlined):
4
5 See.130-189. Applicability of required 3ar4s setbacks.
6
7 (a) Buffed arils. When a bufferyard is required under the provisions of chapter 114, article
8 V, compliance with the bufferyard&—,4afi4ar& provisions along_a pro e�rt line shall
9 relieve the necessity of complying with the yard setback provisions etio
10 130-486 along the same prol2erty line if such the width of the bufferyard is greater than
11 the applicable 3H4 setback requirement-, set forth in section 130-186.
12
13 (b) Shoreline setbacks. All development shall be setback from shorelines as required in
14 section 118-12. Compliance with the sherefine sethaek shall ()
15 A five (5) foot side yard
16 setback shall be maintained for docking and mooring facilities, such as lifts and davits, in
17 the shoreline setback. The side yard setback does not apply to seawalls, fences, retaining
18 walls, or marginal docks.
19
20 (c) Front yard setbacks. A front yard is a required setback on a parcel of land that is located
21 along the full length of the front property line of the parcel, is generally the property
22 frontage in which development on the parcel is orientated and is generally adjacent a
23 road. On parcels fronting more than one road, such as corner lots and double frontage
24 parcels, each yard along a road shall be a front yard.
25
26 1 Single frontage parcels. Fora parcel that has only a single road frontage, the primar
27 front vard requirement set forth in section 130-186 shall be annlied.
MV
29 (2) Double frontage parcels. For a parcel that has road frontage along two or more roads,
30 the primary, f�, ar�quirement set forth in section 130:186 shall be applied to the
31 front yard in which development on the parcel is orientated. The secondary front yard
32 requirement set forth in section 130-186 shall be applied to the remaining front
33 yaks) in which development on the parcel is not orientated. For parcels located
34 within the median of U.S. Highway 1, the primary front yard quirements shall be
35 applied to both front yards situated alongthe he highway right-of-ways.
36
37 (3) Accessory driveways and walkways. Accessory structures, limited to driveway
38 walkways, may be permitted within a required front yard setback. In no event shall
39 the total combined area of all accessory structures occupy more than 60 percent of the
40 required front yard setback area.
41
42 (4) Off-street parking on residentially developed parcels. Any required off-street parking
43 spaces may be located on an accessory driveway within the front yard setback on a
44 parcel developed exclusively with a residential use. Any vehicle utilizing such an off-
45 street parkiniz space shall be properly licensed and operable.
!C:
Page 7 of 10
1 (5) Signs, fences and landscaping. Signs as permitted in chapter 142, fences as permitted
2 in chapter 114 and landscaping may be permitted in a required front yard setback.
4 (d) Side yard setbacks. A side yard is a required setback on a parcel of land that is located
5 along the full length of the side property line and is generally nerally between the front and rear
6 property lines.
8 (1) Side ,yard requirements (excludingfour-sidedplatted corner lots). With the exception
9 of four-sided platted corner lots, the primary. side requirement set forth in section
10 130-186 shall be applied to one side yard. The secondary side yard reguirem_ ent set
11 forth in section 130-186 shall be applied to any remaining side yards.
12
13 (2) Side yard requirements for four-sided platted corner lots. On a platted corner lot with
14 only four sides, there shall be a primary front yard, secondary front yard, rear yard,
15 and a single side yard. For such lots, there shall be no primary side yard setback
16 requirement, and the single side yard shall be subject to the secondary side yard
17 setback requirement set forth in section 130-186.
18
19 (3) Accessory driveways, walkways, patios and decking on residentially developed
20 parcels. Accessory structures, limited to driveways, walkways, patios, and decks,
21 may be permitted within a required side „yard _setback _ on a parcel developed
22 exclusively with a _residential use if the structure meets the provisions of this
23 subsection._ Such an accessory structure shall a) not exceed six (6) inches in height as
24 measured from grade; b) be situated at least one (1) foot from the side „property
25 line; and c) be constructed to avoid any off -site discharge of stormwater from the
26 subject parcel in accordance with section 114-3. In no event shall the total combined
27 area of all accessory structures occupy, more than 80 percent of the required side
28 setback area.
e
30 (e) Rear yard setbacks. Rea.- ya-rd requirements for- residential dwelliiigs that afe tiet on the
31 : A rear yard is a required setback on a parcel of
32 land that is located along the full length of the rear property line and is generally on the
33 opposite side of the primary front yard.
34
35 (1) Accessory structures on residentially developed parcels. An accessory structures;-aFF
36 defined ierseetiefi-101 1, not exceeding —1-8inehes-in height, are may be permitted
37 within the a required rear yard setback on_a parcel developed exclusively with a
38 residential use if the structure meets the provisions of this subsection. An accessory
39 structure not exceedingeighteen (18) inches in height as measured from grade may be
40 permitted if the structure is a) situated at least one (1) foot from the rear .property_
41 line and b) constructed to avoid any off -site discharge of stormwater from the subject
42 parcel in accordance with section 114-3. An accessory structure not exceeding twelve
43 feet (12) feet in height as measured from grade maepermitted if the structure is a)
44 situated at least ten (10) feet from the rear property line. In no event shall the total
45 combined area of all accessory structures occupy more than 60 percent of the required
46 rear yard setback area.
Page 8 of 10
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Section 4. Severability.
If any section, paragraph, subdivision, clause, sentence or provision of this ordinance shall be
adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect,
impair, invalidate, or nullify the remainder of this ordinance, but the effect thereof shall be
confined to the section, paragraph, subdivision, clause, sentence, or provision immediately
involved in the controversy in which such judgment or decree shall be rendered.
Section 5. Conflicting Provisions.
All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the
extent of said conflict.
Section 6. TransmittaI.
This ordinance shall be transmitted to the Florida State Land Planning Agency as required by F.S.
380.05 (11) and F.S. 380.0552(9).
Section 7. _Filing.
This ordinance shall be filed in the Office of the Secretary of the State of Florida but shall not
become effective pursuant to Section 9 until a final order is issued according to F.S. 380.05(6) by
the Florida State Land Planning Agency or Administration Commission approving the ordinance,
and if the final order is challenged, until the challenge to the order is resolved pursuant to F.S.
Chapter 120.
Section S. Inclusion in the Monroe County Code.
The provisions of this Ordinance shall be included and incorporated in the Code of Ordinances
of the County of Monroe, Florida, as an addition to amendment thereto, and shall be
appropriately renumbered to conform to the uniform marking system of the Code.
Section 9. Effective Date.
This ordinance shall become effective as provided by law and stated above. This ordinance
applies to any applicable application submitted after the effective date.
Page 9 of 10
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PASSED AND ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS of
Monroe County, Florida, at a regular meeting held on the 2 1 " of January, 2015.
Mayor Danny L. Kolhage
Mayor pro tem Heather Carruthers
Commissioner Sylvia Murphy
Commissioner George Neugent
Commissioner David Rice
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Mayor Danny L. Kolhage
(SEAL)
ATTEST: AMY HEAVILIN, CLERK
Deputy Clerk
MONROE COUNTY ATTORNEY
A ROVED AS FORM:
STEVEN T WILLIAMS'
ASSISTANT COUNTY ATTORNEY
Dale _ / - 5- — ! `f
Page 10 of 10
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MEMORANDUM
MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCEs DEPARTMENT
To: The Monroe County Board of County Commissioners
Through: Christine Hurley, AICP, Director of Growth Management
Townsley Schwab, Senior Director of Planning & Environmental Resources
From: Joseph Haberman, AICP, Planning & Development Review Manager
Date: December 24, 2014
Subject: AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS AMENDING MONROE COUNTY CODE SECTION 101-1,
DEFINITIONS; AMENDING MONROE COUNTY CODE SECTION 130-186,
MINIMUM YARDS, AMENDING MONROE COUNTY CODE SECTION 130-
189, APPLICABILITY OF REQUIRED YARDS; ESTABLISHING SETBACK
REQUIREMENTS FOR THE CONSERVATION (C) AND RECREATIONAL
VEHICLE (RV) LAND USE DISTRICTS, MODIFYING THE SETBACK
REQUIREMENTS FOR THE AIRPORT (AD) AND PARK AND REFUGE (PR)
LAND USE DISTRICTS, MODIFYING THE SETBACK REQUIREMENTS FOR
CORNER LOTS, MODIFYING THE APPLICABILITY OF REQUIRED YARDS
FOR ACCESSORY WALKWAYS AND DRIVEWAYS; CLARIFYING THE
SETBACK REQUIREMENTS FOR SIDE YARDS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;
PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY
AND THE SECRETARY OF STATE; PROVIDING FOR CODIFICATION;
PROVIDING FOR AN EFFECTIVE DATE.
Meeting: January 21, 2015
I REQUEST
The Planning & Environmental Resources Department is proposing amendments to the text
of §101-1, §130-186 and §130-189 of the Monroe County Code (MCC). The purposes of the
proposed amendments are to 1) establish setback requirements for the Conservation (C) and
Recreational Vehicle (RV) districts, 2) modify the setback requirements for the Airport (AD)
and Park and Refuge (PR) districts, 3) modify the setback requirements for corner lots, 4)
modify the applicability of required yards for accessory walkways and driveways, and 5)
clarify the setback requirements for side yards.
11 RELEVANT PRIOR COUNTY ACTIONS:
MCC § 101-1 (formerly numbered §9.5-4) was established in 1986 following the adoption of
Ordinance #033-1986. Several amendments have been subsequently carried out to this
section to revise, add and delete definitions. Concerning several of the definitions that are
Page 1 of 14 (File #2014-144)
1 subject of this amendment, a substantive amendment was carried out by Ordinance #035-
2 2005 (Planning Department File #25077). Ordinance #035-2005, which was adopted in 2005,
3 created the definitions of double frontage; lot lines, front; lot lines, rear; lot lines, side, yard;
4 yard, front; yard, rear; and yard, side.
5
6 MCC §130-186 (formerly numbered §9.5-281) was established in 1986 following the
7 adoption of Ordinance #033-1986 - later amended with the adoption of Ordinance #040-
8 1987. Substantive amendments were carried out by Ordinances #025-2001 and #023-2013.
9 The purpose of Ordinance #025-2001, adopted in 2001, was to reduce the side yard non-
10 shoreline setback requirements for properties zoned Urban Residential Mobile Home (URM)
11 (a Planning Department File # was not assigned). A purpose of Ordinance #023-2013,
12 adopted in 2013, was to establish non -shoreline setback requirements for properties zoned
13 Commercial 1 (C1) and Commercial 2 (C2) (Planning Department File #2012-161).
14
15 MCC §130-189 (formerly numbered §9.5-285) was established in 1986 following the
16 adoption of Ordinance #033-1986. A substantive amendment was later carried out by
17 Ordinance #024-2002 (Planning Department File #22031). The purpose of Ordinance #024-
18 2002, adopted in 2002, was to allow a percentage of a required non -shoreline, rear yard
19 setback to be developed with limited accessory uses/structures.
20
21 During a meeting held on October 28, 2014, the Monroe County Development Review
22 Committee reviewed the ordinance and recommended approval to the BOCC (Resolution
23 #DRC 17-14).
24
25 During a public hearing held on November 19, 2014, the Monroe County Planning
26 Commission reviewed the ordinance and recommended approval to the BOCC (Planning
27 Commission Resolution #P42-14).
28
29 III REVIEW
30
31 MCC §101-1:
32
33 MCC §101-1 provides most of the definitions for terms used in the Land Development Code.
34 To clarify the requirements, staff is proposing amendments to the following existing
35 definitions that are used in the application of the setback regulations:
36
37 • Double frontage: Revision — This definition should be revised to clarify that the term
38 double frontage applies to all parcels of land, not only lots. This amendment is necessary
39 in application of associated regulations that use the term.
40
41 • Lot: Revision — This definition should be revised to clarify that the specific usage of the
42 term lot in the Land Development Code applies to platted lots, not unplatted parcels of
43 land inaccurately referred to as lots. This amendment is necessary in application of
44 associated regulations that use the term.
45
46 • Lot lines, front: Deletion — This definition is not necessary to administer any regulations.
Page 2 of 14 (File #2014-144)
1
2
•
Lot lines, rear: Deletion — This definition is not necessary to administer any regulations.
3
4
•
Lot lines, side: Deletion — This definition is not necessary to administer any regulations.
5
6
•
Setback: Revision — This definition should be revised to clarify that a setback is not
7
always comprised exclusively of open space, that the associated setback regulations apply
8
to all structures and not only buildings, and that the associated regulations apply to all
9
parcels of land and not only lots.
10
11
•
Yard: Deletion — This definition is not necessary to administer any regulations.
12
13
•
Yard, front: Revision — This definition should be revised to clarify the characteristics of a
14
front yard.
15
16
•
Yard, rear: Revision — This definition should be revised to clarify the characteristics of a
17
rear yard.
18
19
•
Yard, side: Revision — This definition should be revised to clarify the characteristics of a
20
side yard.
21
22
MCC 130-186:
23
24
•
Currently, there are not any setback requirements for the Conservation (C) and
25
Recreational Vehicle (RV) districts. It is presumed that requirements were inadvertently
26
never established.
27
28
Staff is proposing to establish the following setback requirements for the C district:
29
Primary Front Yard (25'), Secondary Front Yard (15'); Primary Side Yard (10');
30
Secondary Side Yard (5'); and Rear Yard (20'). These proposed setback requirements are
31
consistent with existing requirements applied the Native Area (NA) district, which is
32
similar in nature to the C district.
33
34
Staff is proposing to establish the following setback requirements for the RV district:
35
Primary Front Yard (25'), Secondary Front Yard (15'); Primary Side Yard (10');
36
Secondary Side Yard (5'); and Rear Yard (10'). These proposed setback requirements are
37
consistent with existing requirements applied the Commercial 1 (Cl) and Suburban
38
Commercial (SC) districts, which are similar in nature to the RV district.
39
40
•
The existing setback requirements for the Airport (AD) district do not reflect current
41
development conditions and usage of those properties zoned AD. The current setback
42
requirement for all setbacks (front, side and rear) on a property zoned AD is 200'.
43
44
Currently, there are 5 areas zoned AD. These areas include the following: Ocean Reef
45
Airport (Key Largo), Florida Keys Marathon Airport (Marathon), Summerland Key Cove
Page 3 of 14 (File #2014-144)
Airport (Summerland Key), Sugar Loaf Shores Airport (Sugarloaf Key) and Key West
International Airport (Key West).
At each of the properties zoned AD, development is situated within the required 200'
setback. Maintaining the 200' setback requirement restricts future improvement and
replacement of existing development (including some runways). Further, designing new
development is often prohibitive due to the 200' setback requirement and the location of
existing facilities. As a result variances and waivers have regularly been granted on
properties designated AD.
Staff is proposing to establish the following new setback requirements for the AD
district: Primary Front Yard (25'), Secondary Front Yard (25'); Primary Side Yard (10');
Secondary Side Yard (10'); and Rear Yard (25'). These proposed setback requirements
are more flexible and consistent with existing development at several of the airports.
• The existing setback requirements for the Park and Refuge (PR) district do not reflect
current development conditions and usage of those properties zoned PR. The current
setback requirement for all setbacks (front, side and rear) on a property zoned PR is 50'.
Currently, there are 24 areas zoned PR. These areas include the following: Ocean Reef
Club's Dolphin Course and Hammock Course (Key Largo), Key Largo Community Park
(Key Largo), the Upper Keys Sailing Club (Key Largo), Friendship Park (Key Largo),
Settlers Park (Key Largo), Harry Harris Park (Key Largo), Long Key State Park (Long
Key), Veterans Memorial Park (Little Duck Key), Bahia Honda State Park (Bahia Honda
Key), Big Pine Park (Big Pine Key), Blue Heron Leisure Club (Big Pine Key), Watson
Field (Big Pine Key), Ramrod Park (Ramrod Key), Bay Point Park (Saddlebunch Key),
Wilhelmina Harvey Park (Big Coppitt Key), Key Haven Park (Raccoon Key) and
Bernstein Park (Stock Island).
While the existing 50' requirement may be appropriate for many of the larger state parks,
it is not appropriate for many of the smaller neighborhood and community parks. At
many of the properties zoned PR, development is situated within the required 50'
setback. Maintaining the 50' setback requirement restricts future improvement and
replacement of existing development at many of the neighborhood and community parks
that are often situated on small parcels of land. As a result variances and waivers have
regularly been granted on properties designated PR.
Staff is proposing to establish the following setback requirements for the PR district:
Primary Front Yard (25'), Secondary Front Yard (15'); Primary Side Yard (10');
Secondary Side Yard (10'); and Rear Yard (10'). These proposed setback requirements
are more flexible and consistent with existing development at several of the parks.
• Existing front yard setback requirements were established without a full analysis of
impact.
Page 4 of 14 (File #2014-144)
Ordinance #035-2005 created the definitions of double frontage, front lot lines and front
yard. These setback -related definitions were established as part of ordinance addressing
off-street parking issues, not setbacks. There is not any analysis in the ordinance's
supporting documentation explaining how the implementation of these definitions would
affect development other than parking areas. Further, there is not any statement in the
supporting documentation as to the purpose of establishing the definitions.
The front yard definition established that on "corner lots or double frontage lots, each
yard frontage on a street shall be a front yard". As result of this new definition, all
development along a road was required to meet the front yard setback requirement -
which is the most restrictive setback requirement. Prior to the definition's establishment,
only a single front yard setback requirement was applied, based on the orientation of the
building. A lesser side yard setback was applied to remaining yard frontage adjacent to
street.
Note: Although MCC §102-186 (formerly numbered §9.5-523) is not subject to this
amendment, a previous amendment to MCC §102-186, as adopted by Ordinance #040-
2007, severely affected the use of administrative waivers to the front yard setback
requirements. Waivers are used to adjust the front yard requirements where community
character would not be affected.
As a result of Ordinances #035-2005 and #040-2007, development on the county's
typical 40' wide and 50' wide residential corner lots became severely restricted. For
example, with the application of the 25' front yard requirement and the 5' side yard
requirement in the IS district, new residences are limited to widths of 10' to 20'. This
affects community character, in that non -corner lots are limited to widths of 25' to 35'
(with the application of the 5' and 10' side yard requirements). In addition, accessory
development, such as swimming pools and decks, cannot be sited to the side of the
residence.
Consequently, numerous variances have been granted for front yard setbacks on
residential lots since 2006 (Ordinance '#035-2005 was adopted in 2005). The following
applications were submitted for administrative variances (of 10' or less) to front yard
setback requirements on residential properties:
o 2014: 23 applications (15 approved, 0 denied, 2 withdrawn, 6 pending)
o 2013: 6 applications (6 approved, 0 denied)
o 2012: 6 applications (6 approved, 0 denied)
o 2011: 5 applications (3 approved, 0 denied, 2 withdrawn)
o 2010: 5 applications (5 approved, 0 denied)
o 2009: 4 applications (3 approved, 0 denied, 1 withdrawn)
o 2008: 6 applications (6 approved, 0 denied)
o 2007: 16 applications (15 approved, 0 denied, 1 withdrawn)
0 2006: 15 applications (13 approved, 0 denied, 2 withdrawn)
Page 5 of 14 (Pile #2014-144)
1 While the application of a full front yard setback (most often 25') along a secondary road
2 is often not appropriate, it is also not appropriate to allow the application of a side yard
3 setback along a road - as was often allowed before 2005. Therefore, staff is proposing to
4 establish a primary front yard requirement and a secondary front yard requirement to
5 address recurring issues related to double frontage properties, including corner lots. In
6 most cases, the new secondary front yard requirement is 10' less than the existing front
7 yard requirement. Having the secondary front yard requirement be 10' less than the
8 existing front yard requirement would be consistent with 72 administrative variance
9 approvals since 2006.
10
11 • The current provisions related to the application of side yard setbacks are confusing, and
12 as such, open to interpretation. Currently, the table providing the setback requirements
13 includes a single column for the side yard requirements. However, the cell for each
14 includes two numbers (i.e. 10115). The preamble to the table provides the following
15 explanation: "Side yards indicated set forth the minimum single yard and the total side
16 yards required. The first number is the minimum for any single side yard where only one
17 side yard exists; where there are two side yards, the first number is the required side yard
18 for one of the two side yards. The second number is the minimum combined total of both
19 side yards (where there are two side yards)."
20
21 Staff is proposing to simplify the provisions by adding a new column to the table
22 providing the setbacks. The existing column concerning side yard setbacks would provide
23 the primary side yard requirement. The new column concerning side yard setbacks would
24 provide the secondary side yard requirement. With the exception of four-sided corner
25 lots, the primary side yard requirement shall be applied to one side yard. The secondary
26 side yard requirement set shall be applied to any remaining side yards. This amendment
27 will clarify that that there is always a minimum 5' setback.
28
29 MCC § 130-189:
30
31 Staff is proposing to modify the applicability of required yards for accessory structures such as
32 walkways and driveways. In addition, staff is proposing to clarify the applicability of the newly
33 identified primary front/side yard requirements and secondary front/side yard requirements.
34
35 • There are numerous properties on which there are existing impervious surfaces, such as
36 pavers, concrete and asphalt, that are nonconforming to the non -shoreline setback
37 requirements. These surfaces are considered nonconforming.
38
39 In addition, several property owners have applied for building permits to have new
40 impervious surfaces installed within the required non -shoreline setbacks. These building
41 permits were denied unless the property owner modified their plans, with the exception of
42 those who applied for and were granted variances.
43
44 Following the issuance of several variances regarding this specific type of development,
45 staff reviewed the necessity of regulations limiting impervious surfaces in the required
46 setbacks.
Page 6 of 14 (File #2014-144)
2 The land development code's existing regulations allow pervious walkways (grass, gravel,
3 etc.) in required setbacks. Since these walkways already exist and are often needed for
4 access, staff has determined that allowing impervious walkways would not adversely
5 impact community character or create a nuisance to adjacent property owners if surface
6 water management issues can be addressed.
7
8 It should also be noted that although a walkway often only has a minor impact, it often. is
9 difficult for staff and the planning commission to support a variance request. Regardless of
10 the scale of the development (from a walkway to a building), to be approved, all variances
11 have to meet the following standards: 1) the applicant shall demonstrate a showing of good
12 and sufficient cause; 2) failure to grant the variance would result in exceptional hardship to
13 the applicant; 3) granting the variance will not result in increased public expenses, create a
14 threat to public health and safety, create a public nuisance, or cause fraud or victimization
15 of the public; 4) property has unique or peculiar circumstances, which apply to this
16 property, but which do not apply to other properties in the same zoning district; 5) granting
17 the variance will not give the applicant any special privilege denied other properties in the
18 immediate neighborhood in terms of the provisions of this chapter or established
19 development patterns; 6) granting the variance is not based on disabilities, handicaps or
20 health of the applicant or members of his family; 7) granting the variance is not based on
21 the domestic difficulties of the applicant or his family; and 8) the variance is the minimum
22 necessary to provide relief to the applicant. These standards, specifically those relating to
23 exceptional hardship and unique or peculiar circumstances, are problematical to property
24 owners to sufficiently exhibit in most variance applications, particularly those relating to
25 walkways.
26
27 Therefore, staff is recommending amendments to MCC § 130-189 to allow walkways in
28 side and front yards (note: impervious areas are already permitted in the required rear yard
29 and shoreline setback if all open space and surface water management regulations are met).
30
31 • Following a review of the land development code, staff found that the existing language
32 does not specifically allow driveways in the front yard. In most cases, driveways have to
33 be located in the required front yard setback. Therefore, staff is recommending
34 amendments to MCC § 130-189 to expressly allow driveways in front yards.
35
36 • Following a review of administrative interpretations, staff found that there has been a long
37 standing administrative interpretation that allows required off-street parking to be located
38 in the required front yard of a "small residential lot" [Administrative Interpretation #01-
39 121, first approved by Marlene Conaway, former Director of Planning, on November 2,
40 2001 and later re -approved by Aref Joulani, former Director of Planning, in 2006). This
41 interpretation is relied upon by many property owners and builders; however it does not
42 define "small" and therefore is subjective. In addition, there is some concern that this
43 interpretation does not interpret ambiguous language in the land development code and that
44 it in fact amends the language of the code to permit something otherwise prohibited.
45 Therefore, in order to provide relief to owners of residential lots and eliminate a
Page 7 of 14 (File #2014-144)
controversial interpretation, staff is recommending amendments to §130-189 to allow the
parking of licensed vehicles in the front yard of a residential parcel.
Therefore, staff recommends the following changes (Deletions are s4ieken th,.ettgh and
additions are underlined. Text to remain the same is in black):
Sec. 101-1. Definitions.
The following words, terms and phrases, when used in this ehapt-eLand Development Code,
shall have the meanings ascribed to them in this section, except where the context clearly
indicates a different meaning:
Double frontage means a lot parcel of land having frontage on two or more roads
including, but not limited to through lots and
corner lots.
Lot means a
areas and parMng spaees duly recorded lot as shown on a plat approved by the county.
rr� MTTM Ee!rss.
pmi
�rrarr.�a►s�r.�� r_� ri!rss.
Setback means the area between a building or structure and the
property line of the " parcel of land on which the building or structure is located,
unoccupied and unobstructed from the ground upward, except for fences or as otherwise -
provided
other development permitted in the area as provided for in this
Land Development Code. In measuring a setback, the horizontal distance between the lot
Page 8 of 14 (File #2014-144)
I property line and the furthermost projection of the main building or structure shall be used.
2 Every required front setback from a street Further, the setback shall be measured at a right
3 angles (90 degrees) from the property line.
4
5
6
7 Yard means an open spaee at gr-ade that is the fninimufn required sethaek between a stizuetur-e
8
9 .
10
11 Yard, front, means a required open spaee setback on a let parcel of land that extends acres- is
12 located along the full length of the front property line of met the parcel and is generally
13 adjacent to a road the publie right of way,
14 the f e t let fine. On parcels fronting more than one road, such as corner lots
15 and double frontage lets- ap rcels, each yard freatage en along a sweet road shall be a front
16 yard.
17
18 Yard, rear, means a required open spaee setback on a lot parcel of land that extends is
19 located along the full length of the rear let propert line and is generally on the opposite side
20 of the primary front yard the depth of whieh ; r-e p adio.,lafl , to the rear- lot line
21
22 Yard, side, means a required open spaee setback on let a parcel of land that extends is located
23 along the full length of the side let rp opertX line and is generally between the r-equired front
24 yard and required rear property. l� , the depth of per-pendieulady to
25 the side lat line. In the ease of detible 4antage lets, side yards sha4l extend f+em the rear- lines
26 ,
27 been established en both frentages shall be eensidefed side yafds.
28
29
30
31
32
33
34
35
36
37
38
39
40
Sec. 130-186. Required setbacks. Maimum yards.
Unless otherwise allowed for in this Land Development Code,
114 20 aiid 130 y 7 no structure or land shall be developed, used or occupied except in
accordance with the bulk regulations set out in the following table. Side yafcls indioated se
-yards, the first numbef is the r-equir-ed side yard for- ene of the twe side yards. The seeend
number- is the F.-Animum combined teW ef beth side yaf!ds (where there are twe side yards).
Land Use District Land
Use
Primary
Front Yard
(ft.)
Secondary
Primary
Side Yard
(ft.)
Secondary
Rear Yard
(ft.)
Front Yard
Side Yard
�11
Airport (AD)
25
25
10
10
25
Commercial I (C I)
125
15
10
5
10
Page 9 of 14 (File #2014-144)
Commercial 2 (C2)
15
15
10
5
10
Commercial Fishing
Area (CFA),
Commercial Fishing
Special District (CFSD),
25
15
10
5
20
and Commercial Fishing
Village (CFV)
Conservation (C)
25
15
10
5
20
Destination Resort (DR)
50
25
20
15
30
Improved Subdivision
25
15
10
5
20
Industrial (1)
25
15
10
5
25
Mainland Native (MN)
25
25
10
5
20
Maritime Industries (MI)
25
25
10
5
25
Military Facilities (MF)
25
15
10
5
20
Mixed Use (MU)
Residential
25
15
10
5
20
Nonresidential and
15
—
15
10
5
10
Mixed Use
Native Area (NA}
25
15
10
5
20
Offshore Island (OS)
25
15
10
5
20
Park and Refuge (PR)
25
15
10
10
10
Recreational Vehicle
LRYI
25
15
10
5
10
Sparsely Settled {SS)
25
15
10
5
10
Suburban Commercial
25
15
10
5
10
Suburban Residential
25
15
10
5
10
LaRl
Suburban Residential
25
15
10
5
10
Limited (SR-L)
Urban e Commercial
LUCQ
15
15
WA-� 10
5
10
Urban f Residential
15
15
10
5
10
Area
4
--
10/44 1
--
140
Detaehed
45
--
�
--
--
Urban r- Residential fft
Mobile h Home U( RM}
Lots less than 50
feet wide
10
10
5
5
10
Detae ieQ
e
40
--
-5/i8
-
-4-0
40
Lots 50 feet wide or
10
10
10 15
1 10
Page 10 of 14 (Pile #2014-144)
greater
„tea
-t0
--
--
470
li+e�
4-0
--
4045
--
0
Urban r- Residential m
Mobile 1} Home 4
Limited U( RM-L)
44P 10
10
l n� 10
10
44A 10
EemmefeiaI4
2-5
--
4Q4-5
--
�, 0
r�..,,.f e .; ., l 7
4
--
7 W.1-5
--
-- 0
elf
2
1 -AM
1
1-1-0
suburban r-esidenti-
lifnited:
„tea
--
WA5
--
4-0
A tRmel,erl residential
--
--
—
Stber
2-5
--
W5
--
4-0
ll. Q
r&SW+al
24
--
io/15
--
i-5
A++nr.l-.e .- si.le t;.,l
--
Y�"f/t�/T�Y�
--
4-5
Vthff
ry24
1-J
--
Y�-/C�t�-�YJ
--
4-0
25
--
�/C�t�f�J
--
2�-0ni
�@
25
--
Ffl�J
-
-2tl
ArTai lan . a fi-.e
2-5
IWO
--
N
25
--
/ M
--
z20
--
---30
disWets)
Detwhett
.esidenfiax
2-5--
W5
-
--20
A traebe.a , e.,r;.,l
25
si
Other-
2-5
--
W 3r
--
2-0
Mixed 7se-
�c-
Tl�Q
fesideatifll
2-5
--
Y Vl--1-J
--
-20
24
--
NAA
--
-2V
Other-
4-
--
WA 5
--
4-00
--
5
�l//
--
2-5J
rI
'2J
--
�t
Y//7��7-M!�
--
115
militafy
2-5
6/20
2-0
Park .,,.,.7 ,-of,.to
-50
--
39
--
-50
Page 11 of 14 (File #2014-144)
2
3
4 Sec. 1.30-189. Applicability of required yaF& setbacks.
5
6 (a) Bufferyards. When a bufferyard is required under the provisions of chapter 114, article
7 V, compliance with the bufferyards standards provisions along a property line shall
8 relieve the necessity of complying with the yard setback provisions sot fe#h i S,,efiefl
9 ''Z� along the same property line if sueh the width of the bufferyard is greater than
10 the applicable yard setback requirements set forth in section 130-186.
11
12 (b) Shoreline setbacks. All development shall be setback from shorelines as required in
13 section 118-12. Gem-plianee with the shereline sethaek shall relieve the neeessity of
14 eemplying with the yat f Ft ' tier 130 186 A five (5) foot side yard
sc�rrn nriar�cccrvrrz�v rrnr.
15 setback shall be maintained for docking and mooring facilities such as lifts and davits in
16 the shoreline setback. The side yard setback does not apply to seawalls fences retaining
17 walls or marginal docks.
18
19 (c) Front yard setbacks. A front yard is a required setback on a parcel of land that is located
20 along the full Iength of the front property line of the.,parcel, is generally the property
21 frontage in which development on the_parcel is orientated and is generally adjacent a
22 road. On parcels fronting more than one road such as corner lots and double frontage
23 parcels,_each yard along a road shall be a front d.
24
25 (1) Single frontage parcels. For a parcel that has only a single road frontage, the primary
26 front yard 'd requirement set forth in section 130-186 shall be applied.
27
2$ 2 Double frontage parcels. Fora parcel that has road frontage along two or more roads
29 the primary front yard requirement set forth in section 130-186 shall be applied to the
30 front yard in which development on the parcel is orientated. The secondary front yard
31 requirement set forth in section 130-186 shall be -Applied to the remaining front
32 ands in which development on the parcel is not orientated. For parcels located
33 within the median of U.S. Highway 1 the primary front yard requirements shall be
34 applied to both front yards situated along the highway right -of -wad
35
36 (3) Accessory driveways and walkways. Accessory structures, limited to driveways and
37 walkways, may be permitted within a required front yard setback. In no event shall
38 the total combined area of all accessory structures occupy more than 60 percent of the
39 required front yard setback area.
40
41 4 O -street parkhZg 072 residentially developed parcels. Any required off-street pafting
42 spaces may located on an accessory driveway within the front yard setback on a
43 parcel developed exclusively with a residential use. Any vehicle utilizing such an off-
44 street parking space shall be ArODerly licensed and operable.
:,
Page 12 of 14 (File #2014-144)
1 (5) Signs, fences and landscaping. Signs as permitted in chapter 142, fences as permitted
2 in chapter 114 and landscaping may permitted in a required front yard setback.
4 (d). Side yard setbacks. A side yard is a required setback on a parcel of land that is located
5 along the full length of the side property line and is generally between the front and rear
6 property lines.
8 (1)_Side _yard requirements (excluding, four-sided platted corner lots). With the exception
9 of four-sided platted corner lots, the primary side yard quirement set forth in section
10 130-186 shall be applied to one side yard. The „secondary side yard requirement set
11 forth in section 130-186 shall be applied to any remaining side yards.
12
13 (2) Side yard requirements for four-sided platted corner lots. On a platted corner lot with
14 only four sides, there shall be a primary front yard, secondary front yard, rear yard,
15 and a single side yard. For such lots, there shall be no primary side yard setback
16 requirement, and the single side yard shall be subject to the secondary side yard
17 setback requirement set forth in section 130-186.
I
19 (3) Accessory driveways, walkways, patios and decking on residentially developed
20 parcels. Accessory structures, limited to driveways, walkways, patios, and decks,
21 may be permitted within a required side yard setback on a parcel developed
22 exclusively with a residential use if the structure meets the provisions of this
23 subsection. Such an accessory structure shall a) not exceed six (6) inches in height as
24 measured from grade; b) be situated at least one (1) foot from the side yard property
25 line; and c) be constructed to avoid any off -site discharge of „stormwater from the
26 subject parcel in accordance with section 114-3. In no event shall the total combined
27 area of all accessory structures occupy more than 80 percent of the required side yard
28 setback area.
29
30 (e) Rear vard setbacks. Rea.- yard mquiremefAs for- r-esidential dwellings that are net on the
31 : A rear yard is a re uired setback on a parcel of
32 land that is located along the full length of the rear property line and is generally on the
33 opposite side of the primary front yard.
34
35 (1) Accessory structures on residentially developed parcels. An accessory structure
36 defined in seetion 101 1, net exeeeding 18 inehes in height, are may be permitted
37 within the a required rear yard setback on a parcel developed exclusively with a
38 residential use if the structure meets the provisions of this subsection. An accessory
39 structure not exceeding eighteen (18) inches in height as measured from grade may be
40 permitted if the structure is a) situated at least one (1) foot from „the rear yard property
41 line and b) constructed to avoid an --'site _discharge of stormwater from the subject
42 parcel in accordance with section 114-3. An accessory structure not exceeding twelve
43 feet (12) feet in height as measured from grade may be permitted if the structure is a)
44 situated at least ten (10) feet from the rear property line. In no„event shall the total
45 combined area of all accessory structures occupy more than 60 percent of the required
46 rear yard setback area.
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IV RECOMMENDATION
Staff has found that the proposed text amendments would be consistent with the provisions of
§102-158(d)(5)(b): 1. Changed projections (e.g., regarding public service needs) from those
on which the text or boundary was based; 2. Changed assumptions (e.g., regarding
demographic trends); 3. Data errors, including errors in mapping, vegetative types and
natural features described in volume I of the plan; 4. New issues; 5. Recognition of a need for
additional detail or comprehensiveness; or 6. Data updates. Specifically, staff has found that
the proposed text amendments are necessary due to 4. New issues and 5. A recognition of a
need for additional detail or comprehensiveness.
Staff recommends that the Board of County Commissioners amend the Monroe County Code
as stated in the text of this staff report.
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