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8/15/1994
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8/15/1994
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agreement with the Planning and Zoning Commission <br />recommendation, which has been incorporated into the proposed <br />ordinance. <br />20. Dock Rental Restrictions. These restrictions are in <br />accordance with a Code Enforcement Board determination <br />regarding accessory use vs. commercial use of single family <br />docks. Basically, the Code Enforcement Board found that <br />rental of dock space on a single family lot constitutes an <br />illegal accessory use. The proposed changes will amend the <br />LDRs to incorporate that ruling. This amendment will not <br />change the county's regulations; instead, it will merely <br />codify an existing requirement. <br />It should be noted that the PSAC voted to recommend that the <br />Board of County Commissioners not adopt ,this proposed <br />amendment. It was the PSAC's position that the existing LDRs <br />and its interpretation (via Code Enforcement Board <br />determinations) are sufficient. The Planning and Zoning <br />Commission voted 5-0 to recommend that the Board adopt the <br />proposed amendment. <br />21. Limitation on Littoral Zone Requirements. County regulations <br />presently require littoral zones for created or expanded <br />waterbodies greater than 1/2 acre in size. County Code <br />Section 934.05(4) specifies that "at least thirty (30) percent <br />of the waterbody surface area shall consist of littoral zone". <br />Staff is proposing that the littoral zone area ratio be either <br />30% of the waterbody surface area or 21 square feet per linear <br />foot of shoreline, whichever is less. This change is meant to <br />alleviate the burden to developers of providing 30% surface <br />area coverage of littoral zone on large created waterbodies, <br />such as 20 acre mining sites. <br />The 21 square foot area per linear foot shoreline is based <br />upon the existing ordinance design standard of the littoral <br />zone extending from one foot above water control elevation to <br />2 1/2 feet below, at a maximum slope of 6 feet horizontal to <br />one foot vertical (6:1). <br />22. Setbacks for Legal Monconforming RM -6, RM -8, and RM -10 Zoned <br />Lots. Currently, the LDRs accommodate special setbacks for <br />legal nonconforming RS -3 lots, whereby RS -6 setbacks are <br />applied. The result is a reduction in front and rear yard <br />setbacks from 25' to 20' and a reduction in sideyard setbacks <br />from 15' to 101. The reason for the reduction is that the <br />nonconforming lots, though zoned RS -3, are actually smaller <br />than RS -3 lots and, therefore, cannot reasonably accommodate <br />normal RS -3 setbacks. <br />The same situation occurs for RM -6. RM -8, and RM -10 zoned <br />nonconforming lots used for single family development. In <br />those cases, the current 25' front and rear yard setbacks <br />should be reduced to 201, to allow a reasonable use of the <br />small, nonconforming lots. The proposed ordinance makes such <br />an allowance. <br />23. Setbacks for Swimming Pool Structures on Corner and Multi - <br />Family Lots. Currently, special rearyard setbacks are given <br />for pools and pool related structures, and the current MRs <br />already recognize to some degree the special situation of most <br />corner lots and multi -family lots in regards to setbacks. For <br />many corner and multi -frontage lots, areas that are <br />technically "sideyards" are actually used as "rearyard" <br />10 <br />August 15, 1994 <br />M M <br />
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