Item K06 �s K.6
r`,
County of Monroe
�y,4 ' �, "tr, BOARD OF COUNTY COMMISSIONERS
County �a� Mayor Michelle Coldiron,District 2
�1 nff `ll Mayor Pro Tem David Rice,District 4
-Ile Florida.Keys Craig Cates,District 1
Eddie Martinez,District 3
w Mike Forster,District 5
County Commission Meeting
July 21, 2021
Agenda Item Number: K.6
Agenda Item Summary #8411
BULK ITEM: No DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Christine Hurley (305) 292-4441
N/A
AGENDA ITEM WORDING: Discussion and direction to process Comprehensive Plan and Land
Development Code amendments to facilitate the elevation (lifting up) of lawfully-existing residential
dwelling units by waiving or reducing certain setback and open space requirements, to allow
necessary improvements to provide access (stairs, ramp, etc.) to a house elevated above base flood
level to reduce the risk of future flood damage.
ITEM BACKGROUND: On September 10, 2017, Hurricane Irma made landfall near Cudjoe Key
as a Category 4 Hurricane with maximum sustained winds of 130 mph and flooding occurred in
various neighborhoods. Hurricane Irma caused significant damage throughout the Florida Keys,
particularly to structures built prior to the upgraded Florida Building Code adopted after Hurricane
Andrew, to non-elevated structures and to mobile homes.
To provide additional protection to residents that reside in mobile homes in flood hazard areas,
reduce the repeated impacts by flooding, and enhance public health, safety and welfare, the County
already adopted an amendment to eliminate the ability for a mobile home to be placed at an
elevation below base flood elevation.
Further, the County has embarked on proactively assisting property owners with voluntary
elevations through FEMA funded grant programs. In order to encourage participation in proactive
flood mitigation projects, such as elevations, staff are recommending the BOCC consider allowing
owners to elevate their homes, in place (within the existing footprint of the house), without the need
for variances to setbacks, etc. If a house was built before current code requirements for setbacks and
open space, it is possible the house location on a site is currently nonconforming, and the current
code requires that structures undergoing substantial improvement, where work equals or exceeds 50
percent of the structure's market value, be fully rebuilt to the current code (come into compliance
with current requirements).
The County should consider if additional amendments are needed to provide allowances within
certain setback and open space requirements, to allow elevations and eliminate impediments to
elevating lawfully-existing residential dwelling units, not including mobile homes, above base flood
Packet Pg. 2289
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level to reduce future flood damage. This is particularly important, in light of the impacts of
Hurricane Irma, the County's better understanding of the flood risks associated with structures below
base flood elevation, the opportunity for property owners to reduce their insurance premiums by
elevating homes, and the County's ongoing participation in numerous recovery, post disaster and
resiliency programs. Further, as the County begins elevating roadways and improving drainage in
low lying neighborhoods, it is important to encourage private property owners to elevate their
homes.
Property owners may self-fund improvements to their homes to elevate above base flood levels and
there may be additional funding opportunities with the County participating in several grant
programs to provide for the mitigation of flood risks, such as:
• FEMA Hazard Mitigation Grant Program (HMGP) for mitigation measures
• Flood Mitigation Assistance (FMA) Grant Program to reduce or eliminate the long-term risk
of flood damage
• Rebuild Florida Program to demo, repair, reconstruct and elevate primary homes
Considering these programs, and the County's current effort to prepare for the upcoming FEMA
Flood Mitigation Assistance (FMA) Grant Program (typically federal funding is available for up to
75 percent of the eligible activity costs) and similar funding opportunities, the County should
consider what steps it can take to further facilitate reducing the risk of future damage, hardship, loss,
or flood damage within the community.
Staff is looking for direction for processing Comprehensive Plan and Land Development Code
amendments to further enable elevating lawfully-existing residential dwelling units, not including
mobile homes, above base flood level, as follows (draft language only):
Notwithstandingthe opera space provisions set forth in Policy 101,525 and
Chapter 130 of the Lard Development Code and the minimum required
setbacks in Chapters 130 and 131 of the Land Development Code, a lawfully-
existing residential dwelling unit, not including mobile homes, may be elevated
above base flood level to reduce flood damage, pursuant to:
• The lawfully-existing dwelling €nit may maintain its existing setbacks and
open space, even if nonconforming, provided the structure is elevated
within the original (existing) footprint of the structure,
• Setbacks and open space requirements are rived to allow necessary
improvements to a dwelling unit being retrofitted by elevating the unit to
meet or exceed flood levels. The necessary improvements are limited to
ingresslegress structures (`stairs, ramps, landings, elevators, etc.). The
waiver provided shall be the minimum necessary to provide access to the
structure that is in compliance with fire code requirements.
• Side and rear setback requirements are rived to allow accessory
elevated platforms above base flood for equipment (mechanical, plumbing
and electrical systems, appliances and components) situated at least two
Packet Pg. 2290
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(2) feet from the side yard property dire or at least fire ( ) feet from the
rear yard property lino. In no event shall the total combined area of all
accessory structures occupy more than 80 percent ( f) of the required
ice yard setback area or 60 percent ( f) of the required rear yard
setback area.
• Maximum shoreline setbacks are to be maintained and, in no event shall
shoreline setback be less than ten (1 ) feet from mean high water.
• The improvements shall be constructed to avoid off-site discharge of
torm r ter from the subject parcel, in accordance with Section 114-3 of
the Monroe County Land Development Code.
• This Policy does not rive any required minimum vegetated setbacks
adjacent to wetlands (see Policy 203,1,2 and Policy 2 4,2, ) and does not
authorize any encroachments to a conservation easement.
• This Policy does not restrict a property owner from proposing other
additions or improvements to the elevated house, as long as the additions,
enlargements, expansions, and extensions do not create a nonconformity
or cause a further violation to an existing nonconformity.
In reviewing the Comprehensive Plan and Land Development Code to identify potential areas that
may impact elevating a lawfully-existing residential dwelling unit above base flood level to reduce
flood damage, staff has identified setbacks, in particular, as an area to evaluate.
Example of setback standards:
OOA^Y V4, `fir
ARV
s
z ouse
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Packet Pg. 2291
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Primary Primary
Land Use District/Land Front Secondary Side Secondary Rear
Front Yard Side Yard Yard
Use Yard (ft ) Yard (ft.) (ft.)
ft. ft.
Improved Subdivision (IS) 25 15 10 5 20
Sparsely Settled (SS) 25 15 10 5 10
Suburban Residential (SR) 25 1 15 10 5 10
Urban Residential (UR) 15 1 15 1 10 1 5 1 10
Example of setback scenarios with elevated a house in-place (in the existing location):
100,11
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parced
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House conforming and
the necessaryLnE
improvements to the
elevated house do not ............. n
impact setback. �r; . �'���g <
No nonconformity DUI.Se i HM9"P Nadi 101hp1rnnt and
40RX;3519 f rpa f a19`ra"
created. }l=+tl
No amendment needed.
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......... ......... .........e a ,.
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House conforming and
the necessary E
improvements ands .
`desired improvements' ---- --- 1
to the elevated house Olt x 35 t- I OU',17
do not impact setback.
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No nonconformity r...t-. .
created. ,,
P S" P S 5 5:.v .�",¥:.$
No amendment needed. °
mp ',
7nn
100ftHouse cothe neceSF
improvem `'
House
the eleva _----_ � x ' °0
not impact setback. House built to the front and rear
`Desired improvements' setback
Hour
proposed within the �r o s 'evatr-0 a� � t it nd
4
Setbacks. Not CY x 5ft i arr g added d at 1� ir1c ease
withcan addP`bpdroorn,
Irnpocls to reqnli ed rear
permissible.
Nonconformity created. _
r �r
No amendment ' ` " ft "'`"
t rfld d a�t wifflot,A impacting
proposed. "� et= e r
5ft I loft
E
House conforming andf "
the necessary
improvements to the House
elevated house DO ¢°fttt=,,a°osF
impact setback. House built to the front and rear
Nonconformity created setback-
but necessary to access I- F'°'u'` " ' �'�'A'` ramp
ii,arnp
the home. f tou s in 1tt_1.�rst r.,ra
Amendment needed to `" `.F ```" n
ns-
t, It rrn for A but no trraf+�,,,Et,
allow without a .. o.a......
variance approval.
5ft 1 Oft
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100ft
Example:
1 le:
ff X 1 00ft
rF e(
HOUse
---- - - ----. Oft xft= 1,40F
House Wilt within
front set back4
House Hs U e is,an r„sVU,ig
4 .x.3,5ft ✓are =rr i
Stru .M
5fk: 1
House already .
nonconforming and the
necessary improvements
to the elevated house DO ` House
2ft x 3511= 1.470F
impact setback.
HODUse Ibuui,f wittrin front
Nonconformity expanded setback.
but necessary to access HCU an e isti ig
ouse
the home. 42frx 311
Amendment needed to 1--lous-e elevated and
gtaws and lair brig ay.1ded
allow Without a �rs�s�,ts to rr.qui - "rm
,� „
variance approval. =' k'' °''-
5ft loft
House already
nonconforming and the ' House
47
necessary improvements ` ='° e' F
to the elevated house DO House built within front
impact setback. p r se
tba"
k.
3a s e is an r ai ring
Nonconformity expanded
e ,
rvsry x rro o rmi 7, t€U'.TJM.
but necessary to access rrrra r r.r
rx 42 3 t rrr,. r; land�.iq added.
the home.
Amendment needed to k "t t '`fk ai t
r„
setback
allow without a variance __--------------- r , � , ,U -- ��k necessary
approval.
5f '101
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House conforming and
I the necessary
I
I improvements to the
I elevated house DO
I impact setback.
40P.'x W1 1,400V34'
I Nonconformity created
I but necessary to access aririwy%Bu and mar F.usback.
CiUL,did jj oo�! M,11KII-Fle.
I the home.
I Amendment needed to
allow wit outa
variance approval.
...................................................... g,
House conforming and
I the necessary
I
I improvements to the
I elevated house DO ------------7 77------- -------- House
4Oft x 35ft= 1,400SIF
I impact setback.
House built to the front,
I Nonconformity created
I House primary side and rear
I selbarck.but necessary to access 4Mx,3,5ft Existing
I the home. conser,;ation easement.
-d
Amendment needed to e elevate and Madrs
I
..-I--------------------- w-id L.,md'ng acidad lmpacts allow without a er -or t setbac lf'�,.
to r�-1 uired fi
variance approval.
5ft, 1 CA
House conforming but X1118/101
owner proposed si r � im rov m
desired improvements'
House
44
..........
ft
of a wraparound porch 40 x 35ft1,400SF
............. ......
within the setbacks. Not
.... ......
House built to thefront and rear
permissible. setback-
4`1
........
Nonconformity created.
II eIev;@Ifd and'pmpramg a
P"'
Owner can propose J ID,, --h WrKlarClLnc orch and sta -s-
Is to rr front n;-,,a(A -,,quilrer-� c I imd
access improvements in
Not dhc,� '11MMUM N,
compliance with N, "b"Ill ...............I,
provide,access.
setbacks. 8
No amendment
511 eft
Packet Pg. 2295
-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Potential Exam,Dle Cornnrehensive Ran Arnendinents:
Objective 101.5 Monroe County shall regulate future development and redevelopment
to maintain and enhance the character of the community and protect natural resources
by providing for the compatible distribution of land uses consistent with the designations
shown on the Future Land Use Map.
Policy 101.5.34
Notwithstanding the open space provisions set forth in Policy 101.5.25 and Chapter
130 of the Land Development Code and the minimum required setbacks in Chapters
130 and 131 of the Land Development Code, a lawfully-existing residential dwelling
unit, not including mobile homes, may be elevated above base flood level to reduce
flood damage, pursuant to:
• The lawfully-existing dwelling unit structure is elevated within the original
(existing) footprint of the structure.
• Setbacks and open space requirements are waived to allow necessary
improvements to a dwelling unit being retrofitted by elevating the unit to meet
or exceed flood levels. The necessary improvements are limited to
ingress/egress structures (stairs, ramps, landings, elevators, etc.). The waiver
provided shall be the minimum necessary to provide access to the structure
that is in compliance with fire code requirements.
• Side and rear setback requirements are waived to allow accessory elevated
platforms above base flood for equipment (mechanical, plumbing and
electrical systems, appliances and components) situated at least two (2) feet
from the side yard property line or at least five (5) feet from the rear yard
property line. In no event shall the total combined area of all accessory
structures occupy more than 80 percent (80%) of the required side yard
setback area or 60 percent (60%) of the required rear yard setback area.
• Maximum shoreline setbacks are to be maintained and, in no event shall a
shoreline setback be less than ten (10) feet from mean high water.
• The improvements shall be constructed to avoid off-site discharge o
stormwater from the subject parcel, in accordance with Section 114-3 of the
Monroe County Land Development Code.
• Development shall maintain compliance to the maximum extent practicable,
as determined by the Planning Director.
• This Policy does not waive any required minimum vegetated setbacks
adjacent to wetlands (see Policy 203.1.2 and Policy 204.2.5) and does not
authorize any encroachments to a conservation easement.
• This Policy does not restrict a property owner from proposing other additions
or improvements to the elevated house, as long as the additions,
I Packet Pg. 2296
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enlargements, expansions, and extensions do not create a nonconformity or
cause a further violation to an existing nonconformity.
Objective 101.9 Monroe County shall eliminate or reduce the frequency of structures
which are inconsistent with the applicable provisions of the land development
regulations, zoning districts, Future Land Use categories and the Future Land Use Map.
In Monroe County, some nonconforming structures are an important part of the
community character and the County desires to maintain such character and protect
these lawfully established, nonconforming structures and allow them to be repaired or
replaced.
Policy 101.9.1
Substantial improvement is defined as any repair, reconstruction or improvement of
a structure, the cost of which equals or exceeds fifty percent of the pre-destruction
market value of the structure. Improvements to historic structures, and
improvements to meet health, sanitary or safety code specifications are not
considered substantial improvements.
Policy 101.9.2
Enlargements and extensions to lawful nonconforming structures outside of the
Mixed Use Commercial Fishing District or a Community Center Overlay shall be
allowed, provided that:
1. the improvement does not constitute a substantial improvement;
2. a nonconforming use is not located in the nonconforming structure; and
3. the nonconformity is not further violated.
Policy 101.9.3
A nonconforming structure, other than a locally or nationally registered historic
structure, shall not be moved unless it thereafter shall conform to the applicable
provisions of the Monroe County Code.
Policy 101.9.4
With the following exceptions, nonconforming structures which are damaged or
destroyed so as to require substantial improvement shall be repaired or restored in
conformance with all applicable provisions of the current Monroe County Code.
Substantial improvement or reconstruction of nonconforming single-family dwelling
units hernes shall comply with the setback and open space provisions set forth in
Policy 101.5.25 and in Chapters 130 and 131 of the Monroe County Land
Development Code, except where strict compliance would result in a reduction in lot
coverage as compared to the pre-destruction footprint of the dwelling unit house. In
such cases, the previously approved open space ratio shall be applied; and the
maximum shoreline setback shall be maintained and in no event shall the shoreline
setback be less than ten (10) feet from mean high water.
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To further recovery, post disaster and resiliency, notwithstanding the open space
provisions set forth in Policy 101 .5.25 and Chapter 130 of the Land Development
Code and the minimum required setbacks in Chapters 130 and 131 of the Land
Development Code, a lawfully-existing residential dwelling unit, not including
mobile homes, may be retrofitted to elevate the structure above base flood level to
reduce flood damage, pursuant to:
• The lawfully-existing dwelling unit may maintain its existing setbacks and
open space, even if nonconforming, provided the structure is elevated within
the original (existing) footprint of the structure.
• Setbacks and open space requirements are waived to allow necessary
improvements to a dwelling unit being retrofitted by elevating the unit to
meet or exceed flood levels. The necessary improvements are limited to
ingress/egress structures (stairs, ramps, landings, elevators, etc.). The
waiver provided shall be the minimum necessary to provide access to the
structure that is in compliance with fire code requirements.
• Side and rear setback requirements are waived to allow accessory elevated
platforms above base flood for equipment (mechanical, plumbing and
electrical systems, appliances and components) situated at least two (2) feet
from the side yard property line or at least five (5) feet from the rear yard
property line. In no event shall the total combined area of all accessory
structures occupy more than 80 percent (80%) of the required side yard
setback area or 60 percent (60%) of the required rear yard setback area.
• Maximum shoreline setbacks are to be maintained and, in no event shall a
shoreline setback be less than ten (10) feet from mean high water.
• The improvements shall be constructed to avoid off-site discharge of
stormwater from the subject parcel, in accordance with Section 114-3 of the
Monroe County Land Development Code.
• This Policy does not waive any required minimum vegetated setbacks
adjacent to wetlands (see Policy 203.1.2 and Policy 204.2.5) and does not
authorize any encroachments to a conservation easement.
• This Policy does not restrict a property owner from proposing other
additions or improvements to the elevated house, as long as the additions,
enlargements, expansions, and extensions do not create a nonconformity or
cause a further violation to an existing nonconformity_
Potential Examnle Lard DevelMneInt Code Amendments:
Sec. 102-57. Nonconforming Structures.
(a) Authority to continue. A nonconforming structure devoted to a use permitted in
the land use (zoning) district in which it is located, or devoted to a nonconforming
use with authority to continue pursuant to Section 102-56, may be continued in
accordance with the provisions of this section.
Packet Pg. 2298
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(b) Ordinary repair and maintenance. Normal maintenance and repair of
nonconforming structures registered in accordance with section 102-55 may be
performed.
(c) Enlargements, expansions, and extensions. Lawful nonconforming structures
that are used in a manner conforming to the provisions of this Land Development
Code and the Comprehensive Plan may be enlarged, expanded, or extended,
provided that:
(1) The improvement does not constitute a substantial improvement;
(2) A nonconforming use is not located in the nonconforming structure; and
(3) The nonconformity is not further violated.
(d) Relocation. A nonconforming structure, other than a historic structure listed on the
National Register of Historic Places, the Florida Inventory of Historic Places, and/or
designated as historic by the BOCC, shall not be moved unless it thereafter shall
conform to the regulations of the land use (zoning) district in which it is relocated.
(e) Termination, Damage or Destruction and Retrofits.
(1) Abandonment. Where a nonconforming structure is voluntarily abandoned for
18 consecutive months, then such structure shall be demolished, removed or
converted to a conforming structure.
(2) Damage or destruction.
a. A nonconforming structure that is damaged or destroyed to the extent of
less than 50 percent of the fair market value of such structure may be
restored as of right if a building permit for reconstruction is issued within
six months of the date of the damage (such damage or destruction may be
voluntarily or due to natural phenomena whose effects could not be
prevented by the exercise of reasonable care and foresight).
b. Except as provided in section 135-5, chapter 122 in regard to mobile
homes, and section 130-163, any nonconforming structure that is
damaged or destroyed so as to require substantial improvement may be
repaired or restored only if the structure conforms to the provisions of the
land use (zoning) district in which it is located. Fair market value shall be
determined by reference to the official tax assessment rolls for that year or
by an appraisal by a qualified independent appraiser. The extent of
damage or destruction shall be determined by the building official, in
consultation with the Planning Director, by comparing the estimated cost
of repairs or restoration with the fair market value.
c. Substantial improvement or reconstruction of nonconforming single-family
dwelling unitSFesi ,enees shall comply with all applicable setback and open
space provisions of this Land Development Code set forth in chapters 130
and 131 except where strict compliance would result in a reduction in lot
coverage as compared to the pre-destruction footprint of the dwelling
unithouse. In such cases, the previously approved open space ratio shall
be applied; and the maximum shoreline setback shall be maintained and in
no event shall the shoreline setback be less than ten (10) feet from mean
high water.
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(3) Elevation Retrofits. To further recovery, post disaster and resiliency, as
provided in Policy 101.9.4, a lawfully-existing residential dwelling unit, not
including mobile homes, may be retrofitted to elevate the structure above base
flood level to reduce flood damage, pursuant to:
a. The lawfully-existing dwelling unit may maintain its existing setbacks and
open space, even if nonconforming, provided the structure is elevated
within the original (existing) footprint of the structure.
b. Setbacks and open space requirements are waived to allow necessary
improvements to a dwelling unit being retrofitted by elevating the unit to
meet or exceed flood levels. The necessary improvements are limited to
ingress/egress structures (stairs, ramps, landings, elevators, etc.). The
waiver provided shall be the minimum necessary to provide access to the
structure that is in compliance with fire code requirements.
c. Side and rear setback requirements are waived to allow accessory
elevated platforms above base flood for equipment (mechanical, plumbing
and electrical systems, appliances and components) situated at least two
(2) feet from the side yard property line or at least five (5) feet from the
rear yard property line. In no event shall the total combined area of all
accessory structures occupy more than 80 percent (80%) of the required
side yard setback area or 60 percent (60%) of the required rear yard
setback area.
d. Maximum shoreline setbacks are to be maintained and, in no event shall a
shoreline setback be less than ten (10) feet from mean high water.
e. The improvements shall be constructed to avoid off-site discharge of
stormwater from the subject parcel, in accordance with Section 114-3 of
the Monroe County Land Development Code.
f. This Policy does not waive any required minimum vegetated setbacks
adjacent to wetlands (see Policy 203.1.2 and Policy 204.2.5) and does not
authorize any encroachments to a conservation easement.
g. This Policy does not restrict a property owner from proposing other
additions or improvements to the elevated house, as long as the additions,
enlargements, expansions, and extensions do not create a nonconformity
or cause a further violation to an existing nonconformity.
L4L Amortization. Any nonconforming structure may be subject to compulsory
termination when it is found detrimental to the conservation of the value of
surrounding land and improvements, and therefore is tending to deteriorate or
blight the neighborhood. In ordering the compulsory termination of a
nonconforming structure, the BOCC will establish a definite and reasonable
amortization period during which the nonconforming structure may continue
while the investment value decrement resulting from termination is amortized.
Determination of the amount to be amortized shall be based on the value and
condition of the land and improvements for the nonconforming structure less
their value and condition for a conforming structure, and such other reasonable
Packet Pg. 2300
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costs as the termination may cause. The rate of amortization shall be in
accordance with reasonable economic practice.
(f) Water-dependent and water-related commercial nonconforming structures.
Lawfully established water-dependent and water-related nonresidential structures
which are identified as a source of economic sustainability within a Livable
CommuniKeys Plan may be permitted to be rebuilt even if 100 percent destroyed
provided that they are rebuilt to preexisting use and registered in accordance with
section 102-55. Development shall be brought into compliance to the maximum
extent practicable, as determined by the Planning Director.
Sec. 131-1. Required Setbacks.
(a) Unless otherwise allowed for in this Land Development Code, no structure or land
shall be developed, used or occupied except in accordance with the bulk regulations
set out in the following table.
Primary Secondary Primary Secondary
Front Rear Yard
Land Use District/Land Use Front Yard Side Yard Side Yard
Yard (ft.)
ft. (ft.)" (ft.)�``�` (ft.)
Airport AD 25 25 10 10 25
Commercial (Cl) 25 15 10 5 10
Commercial C2 15 15 10 5 10
Commercial Fishing Area (CFA),
Commercial Fishing Special District 25 15 10 5 20
(CFSD), and Commercial Fishing
Village CFV
Conservation C 25 15 10 5 20
Destination Resort DR 50 25 20 15 30
Improved Subdivision IS 25 15 10 5 20
Industrial I 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 15 15 10 5 10
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 (RV)* 25 15 10 5 10
Sparsely Settled SS 25 15 10 5 10
Suburban Commercial SC 25 15 10 5 10
Suburban Residential SR 25 15 10 5 10
Suburban Residential Limited SR-L 25 15 10 5 10
Urban Commercial UC 15 15 10 5 10
Urban Residential UR : 15 15 10 5 10
Urban Residential Mobile Home
URM **
Lots less than 50 feet wide 10 10 5 5 10
Lots 50 feet wide or greater 10 10 10 5 10
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Urban Residential Mobile Home 10 10 10 10 10
Limited URM-L **
*For RV parks within the RV Land Use District, the RV setback requirements shall apply to the district/RV
park boundaries and not to the interior RV spaces.
**For mobile home parks within the URM and URM-L Land Use Districts, the setback requirements shall
apply to the district/mobile home park boundaries and not to the interior mobile home spaces.
***Notwithstanding the required setbacks, retrofitting a lawfully existing residential dwelling unit, not
including mobile homes, to elevate the unit above base flood level to reduce flood damage may encroach
the required setbacks, as provided in Policies 101.5.34 and 101.9.4 and Sections 102-57 and 131-3.
(b) Applicability of required setbacks.
APPLICABILITY OF
REOURED 5ET5ACKS
PRIMARY
PROMNARD
(\
I�SETBACK PRIMARY 5111E YARD
I I I
�' eIYILDINGI
I i
SIDE YARD ] SETBACK
\,
REAR YARD
I
PROPERN CORNER
Sec. 131-3. Applicability of Required Setbacks.
(a) Bufferyards. When a bufferyard is required under the provisions of Chapter 114,
Article V, compliance with the bufferyard provisions along a property line shall
relieve the necessity of complying with the setback provisions along the same
property line if the width of the bufferyard is greater than the applicable setback
requirement set forth in Section 131-1.
(b) Shoreline setbacks. All development shall be set back from shorelines as required
in Section 118-12. Docking and mooring facilities within the shoreline setback shall
be set back from side property lines in accordance with Section 118-12. The side
yard setback does not apply to a utility pole, utility rack, seawall, fence, retaining
wall, or marginal dock.
(c) Front yard setbacks. A front yard is a required setback on a parcel of land that is
located along the full length of the front property line of the parcel, is generally the
property frontage to which development on the parcel is oriented and is generally
adjacent a road. On parcels fronting more than one road, such as corner lots and
double frontage parcels, each yard along a road shall be a front yard. The front yard
setback does not apply to a utility pole or utility rack.
(1) Single frontage parcels. For a parcel that has only a single road frontage, the
primary front yard requirement set forth in Section 131-1 shall be applied.
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(2) Double frontage parcels. For a parcel that has road frontage along two or more
roads, the primary front yard requirement set forth in Section 131-1 shall
generally be applied to the front yard to which development on the parcel is
oriented. The secondary front yard requirement set forth in Section 131-1 shall
be applied to the remaining front yard(s). For parcels located within the median
of U.S. Highway 1, the primary front yard requirements shall be applied to both
front yards situated along the highway right-of-ways.
(3) Accessory driveways and walkways. Accessory structures, limited to driveways
and walkways, may be permitted within a required front yard setback provided
they do not exceed six (6) inches in height as measured from grade. In no
event shall the total combined area of all accessory structures occupy more
than 60 percent of the required front yard setback area.
(4) Off-street parking on residentially developed parcels. Any required off-street
parking spaces may be located on an accessory driveway within the front yard
setback on a parcel developed exclusively with a residential use. Any vehicle
utilizing such an off-street parking space shall be properly licensed and
operable.
(5) Signs, fences and landscaping. Signs as permitted in Chapter 142, fences as
permitted in Chapter 114 and landscaping may be permitted in a required front
yard setback.
(6) Ingress and Egress for lawfully established residential dwelling units retrofitted
to elevate the structure above base flood level. Retrofitting a lawfully existing
residential dwelling unit, not including mobile homes, to elevate the unit above
base flood level to reduce flood damage may encroach the front yard
requirement set forth in Section 131-1 to allow necessary improvements to
access the dwelling unit. The necessary improvements are limited to
ingress/egress structures (stairs, ramps, landings, elevators, etc.). The waiver
provided shall be the minimum necessary to provide access to the structure
that is in compliance with fire code requirements.
(d) Side yard setbacks. A side yard is a required setback on a parcel of land that is
located along the full length of the side property line and is generally between the
front and rear property lines. The side yard setback does not apply to a utility pole,
utility rack, seawall, fence, retaining wall, or marginal dock.
(1) Side yard requirements (excluding four-sided platted corner lots). With the
exception of four-sided platted corner lots, the primary side yard requirement
set forth in Section 131-1 shall be applied to one side yard. The secondary side
yard requirement set forth in Section 131-1 shall be applied to any remaining
side yards.
(2) Side yard requirements for four-sided platted corner lots. On a platted corner
lot with only four sides, there shall be a primary front yard, secondary front
yard, rear yard, and a single side yard. For such lots, there shall be no primary
side yard setback requirement, and the single side yard shall be subject to the
secondary side yard setback requirement set forth in Section 131-1.
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(3) Accessory driveways, walkways, patios and decking on residentially developed
parcels. Accessory structures, limited to driveways, walkways, patios, and
decks, may be permitted within a required side yard setback on a parcel
developed exclusively with a residential use if the structure meets the
provisions of this subsection. Such an accessory structure shall a) not exceed
six (6) inches in height as measured from grade; b) be situated at least one (1)
foot from the side yard property line; and c) be constructed to avoid any off-site
discharge of stormwater from the subject parcel in accordance with Section
114-3. In no event shall the total combined area of all accessory structures
occupy more than 80 percent of the required side yard setback area.
(4) Accessory stairs and platforms to elevate mechanical, plumbing and electrical
equipment on parcels developed with a residential dwelling unit built prior to
March 15, 2012. Accessory structures, limited to stairs and platforms, may be
permitted within a required side yard setback on a parcel developed
exclusively with a residential use if the following provisions are met:
a) the residential unit was issued a certificate of occupancy prior to March 15,
2012;
b) the accessory structure is required to elevate mechanical, plumbing and
electrical equipment at or above required flood elevations;
c) the accessory structures shall be situated at least two (2) feet from the side
yard property line; and
d) the accessory structures must be constructed to avoid any off-site discharge
of stormwater from the subject parcel in accordance with Section 114-3. In
no event shall the total combined area of all accessory structures occupy
more than 80 percent of the required side yard setback area.
(5) Ingress and Egress for lawfully established residential dwelling units retrofitted
to elevate the structure above base flood level. Retrofitting a lawfully existing
residential dwelling unit, not including mobile homes, to elevate the unit above
base flood level to reduce flood damage may encroach the primary side yard
requirement set forth in Section 131-1 to allow necessary improvements to
access the dwelling unit. The necessary improvements are limited to
ingress/egress structures (stairs, ramps, landings, elevators, etc.). The waiver
provided shall be the minimum necessary to provide access to the structure
that is in compliance with fire code requirements.
(e) Rear yard setbacks. A rear yard is a required setback on a parcel of land that is
located along the full length of the rear property line and is generally on the side
opposite to the primary front yard. The rear yard setback does not apply to a utility
pole or utility rack or plumbing and electric fixtures for a vessel pumpout.
(1) Accessory structures on residentially developed parcels. An accessory
structure may be permitted within a required rear yard setback on a parcel
developed exclusively with a residential use if the structure meets the
provisions of this subsection. An accessory structure not exceeding eighteen
(18) inches in height as measured from grade may be permitted if the structure
is a) situated at least one (1) foot from the rear yard property line and b)
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constructed to avoid any off-site discharge of stormwater from the subject
parcel in accordance with Section 114-3. An accessory structure not
exceeding twelve feet (12) feet in height as measured from grade may be
permitted if the structure is a) situated at least ten (10) feet from the rear
property line. In no event shall the total combined area of all accessory
structures occupy more than 60 percent of the required rear yard setback
area.
(2) Ingress and Egress for lawfully established residential dwelling units retrofitted
to elevate the structure above base flood level. Retrofitting a lawfully existing
residential dwelling unit, not including mobile homes, to elevate the unit above
base flood level to reduce flood damage may encroach the rear yard
requirement set forth in Section 131-1 to allow necessary improvements to
access the dwelling unit. The necessary improvements are limited to
ingress/egress structures (stairs, ramps, landings, elevators, etc.). The waiver
provided shall be the minimum necessary to provide access to the structure
that is in compliance with fire code requirements.
(3) Accessory stairs and platforms to elevate mechanical, plumbing and electrical
equipment on parcels developed with a residential dwelling unit retrofitted to
elevate the structure above base flood level. Accessory structures, limited to
stairs and platforms, may be permitted within a required rear setback on a
parcel developed exclusively with a residential use if the following provisions
are met: a) For the rear setback area, the structure is situated at least five (5)
feet from the rear yard property line. In no event shall the total combined area
of all accessory structures occupy more than 60 percent (60%) of the required
rear yard setback area.
PREVIOUS RELEVANT BOCC ACTION:
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Staff seeks direction on processing amendments.
DOCUMENTATION:
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
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Budgeted:
Source of Funds:
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:
REVIEWED BY:
Assistant County Administrator Christine Hurley Completed
06/30/2021 12:53 PM
Emily Schemper Completed 07/06/2021 9:44 AM
Derek Howard Completed 07/06/2021 10:11 AM
Purchasing Completed 07/06/2021 10:13 AM
Budget and Finance Completed 07/06/2021 4:20 PM
Maria Slavik Completed 07/06/2021 5:47 PM
Liz Yongue Completed 07/07/2021 9:14 AM
Board of County Commissioners Pending 07/21/2021 9:00 AM
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