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BOOK r;v[E <br />One reason that accessory uses/structures are allowed in single-family areas while the same <br />uses/structures are not allowed when they are principal uses is that the use characteristics of an <br />accessory use/structure are often different from the use characteristics of the same use/structure when <br />it is a principal use. In fact, most uses/structures that are allowed in single-family areas only as <br />accessory uses/structures are allowed in commercial districts as principal uses. <br />For example, a garage to store antique cars cannot be built on a single-family lot unless it is <br />accessory to a single-family house where there is direct oversight and accountability by an on-site <br />resident who is part of the neighborhood. Yet such a garage could be constructed as a principal use <br />on a commercially zoned lot. The same LDR differentiation between principal and accessory uses <br />applies to storage buildings, tennis courts, swimming pools, and other similar uses/structures. Such <br />a differentiation protects single family areas from encroachment of de -facto recreation -only lots or <br />lots where the principal use/structure involves an active hobby rather than a residential home. <br />Current regulations treat single-family docks the same as other accessory uses because such docks <br />are not allowed to be used until an appropriate principal use (a house) is established on site. Other <br />than allowing property owners to protect their riparian rights from future state dock construction <br />prohibitions with a non-use of the dock condition, there is no reason to regulate docks different from <br />other accessory uses/structures. Therefore, the existing LDR prohibition of using docks on vacant <br />lots is appropriate. <br />At its October 5, 1999 meeting, the Board considered a request by riverfront property owner Tom <br />Collins for the county to initiate an LDR amendment to allow use of docks built on vacant single- <br />family lots. By a votc of 3-2, the Board authorized county initiation of such an LDR change (see <br />attachment #2). <br />The proposed LDR amendment would allow use of docks and private observation/fishing piers on <br />vacant single-family lots but would still require, through the administrative permit use process, that <br />dock owners post security to guarantee that docks are used only to moor watercraft registered in the <br />name of the lot owner. Such a provision could address a potential problem occasionally encountered <br />in the City of Vero Beach, where docks on vacant lots are allowed to be used, (see attachment #3). <br />That problem is that occasionally docks on vacant single-family lots are rented -out in violation of <br />city codes. <br />Alternatives include the following: <br />A. Leave the current LDRs as is, retaining the current prohibition on use of docks built <br />on vacant lots (this is the approach preferred by staff). <br />B. Allow docks to be built on vacant lots and used but require the posting of a $1,500 <br />cash bond to guarantee that no such docks are rented -out (this is the approach of the <br />attached amendment). A timeframe for building a residence on the lot could also be <br />added to this alternative (this is the approach recommended by the PSAC). <br />C. Allow docks to be built and used on vacant lots as a permitted use, with no special <br />criteria (this is the approach recommended by the PZC). <br />Alternative A is preferred by staff. Either alternative B or C would relax current requirements but <br />alternative B would retain some of the current controls via special criteria and a posted cash bond. <br />Alternative C would be the simplest regulatory scheme but would rely solely on code enforcement <br />action to combat violations. <br />February 1, 2000 <br />• <br />52 <br />• <br />1 <br />