2/1/2000 - Laserfiche WebLink

Home Browse Search

• • Staff 'Recommendation: PSAC Recommendation: PZC Recommendation: That the BCC adopt this amendment, as proposed. At its December 2,1999 meeting, the PSAC voted 6-0 to recommend that the BCC adopt this amendment, as proposed. At its December 9, 1999 meeting, the PZC voted 7-0 to recommend that the BCC adopt this amendment, as proposed. • Use of Docks/Piers on Vacant Single -Family Lots Presently, the County's LDR's treat docks on single-family zoned lots as uses which must be accessory to a principal use, namely a single family residence. As such, docks are regulated in much the same way as other accessory uses such as garages, utility sheds, swimming pools, tennis courts, and others. Like those other accessory uses, docks must meet the criteria for accessory uses. As defined in Section 901.03 of the LDR's, an accessory use is a use which: (a) Is clearly incidental to, customarily found in association with, and serves a principal use: (b) Is subordinate in purpose, area, and extent to the principal use served; and (c) Is located on the same lot as the principal use, or on an adjoining lot in the same ownership as that of the principal use. Back in the mid -eighties, however, the Board created a special allowance for docks on vacant single- family lots. Because there was concern at that time that the state might prohibit the construction of all docks in the Indian River Lagoon, the Board amended the zoning code to allow the construction of docks on vacant single-family lots, but prohibited the use of these docks until a principal use (a single-family house) was to be constructed on the lot. Consequently, under the existing LDRs, single-family docks on vacant lots are allowed as administrative permit uses. Section 971.41 (7)(c) of the LDR's reads as follows: "The construction of a single-family dock on a lot prior to the construction of a principal single-family dwelling unit on the same lot shall be permitted for the purpose of providing waterfront property owners vested riparian rights for access to the adjacent waterbody. This aforementioned dock, however, shall continue to be construed as an accessory structure and its use prior to the issuance of a certificate of occupancy for the principal structure shall not be considered consistent with the appropriate zoning district regulations." Under the existing LDRs, administrative permit criteria for single-family docks on vacant lots also require an applicant to execute an agreement stating that the dock will not be used until such time as a single-family unit is constructed on the subject lot. That agreement must then be recorded in the public records. To secure the agreement, the applicant must post a $1,500 cash escrow with the County. The County's LDR's currently require that accessory uses must be associated with a principal use. That is a recognition of the fact that certain uses and structures are appropriate when used in conjunction with a principal use, but inappropriate as stand-alone uses on a lot. That principle is evident with most accessory uses/structures. Because single-family zoned areas have been developed in anticipation of single-family structures being built on building Lots, the character of such an area would change if accessory uses/structures such as stand-alone "principal use" garages, utility sheds, tennis courts, and swimming pools are allowed to be built on single- family lots. February 1, 2000 51 BOOK 112 f AGE pJ