Subject:
Title
First Public Hearing: Amendments to Chapter 62, Article VI, “Zoning Regulations,” to Add a New Conditional Use Classification, “Accessory Dwelling Units,” and Specifying Conditions Thereto.
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Fiscal Impact:
N/A
Dept/Office:
Planning and Development
Requested Action:
Recommendation
It is requested that the Board of County Commissioners hold a public hearing regarding Amendments to Chapter 62, Article VI, “Zoning Regulations,” to allow for “Accessory Dwelling Units” as a conditional use in specified zoning districts. Specifically, amending Chapter 62, Article VI, Division 1, Section 62-1102, Brevard County Code of Ordinances, “Definitions and Rules of Construction,” to include a new term “accessory dwelling unit”; amending Chapter 62, Article VI, Division 1, Section 62-1102, Brevard County Code of Ordinances, “Definitions and Rules of Construction,” to incorporate accessory dwelling unit to the existing definition of “accessory building or use”; amending the following sections of code to incorporate “accessory dwelling unit” as a conditional use: Section 62-1332 (Productive Agricultural, PA), Section 62-1333 (Agricultural, AGR), Section 62-1334 (Agricultural Residential, AU and AU(L)), Section 62-1334.5 (Agricultural Rural Residential, ARR), Section 62-1335 (Rural Estate Use, REU), Section 62-1336 (Rural Residential, RR-1), Section 62-1337 (Suburban Estate Residential Use, SEU), Section 62-1338 (Suburban Residential, SR), Section 62-1339 (Estate Use Residential, EU, EU-1, and EU-2), Section 62-1340 (Single-family Residential, RU-1-13 and RU-1-11), Section 62-1341 (Single-family Residential, RU-1-9), Section 62-1342 (Single-family Residential, RU-1-7), Section 62-1401 (Rural Residential Mobile Home, RRMH-1, RRMH-2.5, and RRMH-5); amending Chapter 62, Article VI, Division 5, Subdivision III to amend and replace Section 62-1903, “Reserved,” with a section entitled “Accessory Dwelling Unit.”
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Summary Explanation and Background:
On April 9, 2024, the Board of County Commissioners directed staff to develop an ordinance to allow for Accessory Dwelling Units, where it may be appropriate, for the purposes of encouraging opportunities for affordable housing.
It is the policy of the State to encourage such options. For instance, 163.31771(1), Florida Statutes, states that “. . . it serves an important public purpose to encourage the permitting of accessory dwelling units in single-family residential areas in order to increase the availability of affordable rentals for extremely-low-income, very-low-income, low-income, or moderate-income persons.” The proposed ordinance is meant to serve this public purpose.
The proposal creates a new conditional use, “Accessory Dwelling Unit,” and that use is inserted into all single-family residential zoning classifications (rural residential mobile home classifications were also included due to the similar character of those classifications). As with other conditional uses, a conditional use permit would have to be obtained prior to permitting such a structure. The process for obtaining a conditional use permit includes a public hearing before the Board of County Commissioners.
In addition to criteria applicable to all accessory structures and conditional uses, the following specific conditions are proposed for accessory dwelling units:
(a) An accessory dwelling unit may only be established on lots where the resulting density of the lot, including the accessory dwelling unit, is consistent with the zoning classification minimum standards and complies with the density designation established by the Comprehensive Plan.
(b) No more than one accessory dwelling unit or guesthouse is permitted on a lot.
(c) The primary structure on the lot shall not have more than one indoor kitchen.
(d) The structure shall not exceed the maximum size permitted for accessory structures in the applicable zoning classification and, in cases where no maximum size is provided for a particular zoning classification, the structure shall not exceed 50 percent of the size of the principal structure.
(e) If the accessory structure is 2 or more stories, the visibility from the 2nd story and higher must be shielded to prevent direct sight from the structure into adjacent properties with a residential use. Such shielding may include, but is not limited to, the use of opaque windows, buffering, and configuring open decks to ensure they do not face adjacent properties.
(f) If the accessory structure is 2 or more stories, the setback requirements otherwise required under this Chapter shall be multiplied by 2.
(fg) The structure shall be required to comply with all applicable standards established by the Code, including, but not limited to, Section 62-2100.5, Brevard County Code, as may be amended.
(gh) The structure shall not be located in a coastal high-hazard area, as defined in Section 62-4001, Brevard County Code, as amended.
(hi) The structure shall not be located within an area designated as an area of critical state concern pursuant to Section 380.05, Florida Statutes, as amended.
(ij) An applicant for a conditional use permit pursuant to this Section must provide a depiction showing the location of the structure on the property, a floor plan, and a description of the primary building materials to be used to construct the structure.
These conditions are designed to serve several purposes including, but not limited to, ensuring that the privacy of neighbors is considered and respected, that density does not exceed what is contemplated in the Future Land Use Element of the Comprehensive Plan, and that sensitive natural resources are not negatively impacted.
Pursuant to Section 125.66(5)(b), this Amendment requires two public hearings before the Board. The second and final public hearing on this Amendment is tentatively scheduled to be heard by the Board of County Commissioners on November 7, 2024.
This item is scheduled to be heard, for review and recommendations, before the Planning and Zoning Board on October 14, 2024, and by the Building Construction Advisory Committee on October 16, 2024. This document will be updated with any relevant recommendations. This amendment was unanimously recommended to be approved by the Planning and Zoning Board on October 14th, 2024. It was also unanimously recommended to be approved by the Building Construction Advisory Board on October 15th, with the recommendation that setback requirements be doubled for those accessory dwelling units that are two or more stories. The proposed ordinance has been modified to reflect this recommendation.
Clerk to the Board Instructions: