Subject:
Title
Request for Recommendation: 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 Planning and Zoning Board review the attached proposed ordinance and issue recommendations.
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Summary Explanation and Background:
On April 9, 2024, the Board of County Commissioner 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:
(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) 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.
(g) The structure shall not be located in a coastal high-hazard area, as defined in Section 62-4001, Brevard County Code, as amended.
(h) 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.
(i) 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.
Clerk to the Board Instructions:
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