by James Coulter
Are you planning on building a guest house on your property? Just make sure it’s not bigger than your own home. Or at least 50 percent bigger.
At their regular meeting on Tues. Mar. 4, the Board of County Commissioners (BoCC) reviewed a proposed amendment to the county land development code concerning restrictions on accessory dwelling units (ADUs), which include structures such as guest houses, mother-in-law suites, and garage apartments.
The new regulations will permit one detached ADU per residential lot so long as it does not exceed 50 percent of the primary residence and that it meets the Florida Building Code.
According to the development review committee staff report, “This amendment will provide a definitive cap on the size allowances of these structures to 50% of the principal structure; however, in instances where a property owner wishes to have an ADU that exceeds that, the staff is providing for a variance process to increase the size of and number of ADUs.”
Ben Ziskal, Land Development Director, explained how this amendment would permit structures up to 1,500 square feet to be built on properties with a primary home that is 3,000 square feet, with such structures still subject to impact fees.
This amendment is being proposed to help clarify several existing policies within the county’s land development code which, according to the staff report, “pertain to accessory structures and have been identified as problematic by County staff for purposes of issuing building permits, equitable code enforcement, and public safety.”
Previously, a maximum cap of 1,000 square feet, or 50 percent of the primary residence heated floor space, had been proposed; however, as the report explained, “the Planning Commission found this to be too limiting for larger homes.”
The amendment would also place setbacks for up to five feet in most residential districts. Currently, there are zero-foot setbacks for utility sheds, which have allegedly created complications within the county.
“In 2022, the LDC was changed to allow utility sheds up to 400 sq. ft. to be placed at the property line (zero-foot setback),” the staff report wrote. “This has created issues with stormwater run-off onto neighboring properties. This amendment will restore the setbacks to five (5) feet in most residential districts.”
During the public hearing for the amendment, one member of the public, Bobby Williams, inquired about the implementation. If he were to build a 3,000-square-foot house on five acres of land in Fort Meade, would he only be allowed to build a 300-square-foot barn in his backyard?
Ziskal replied no, unless Williams were to live in the barn. He clarified that the amendment made a clear distinction between “accessory structures” and “accessory dwelling units.”
The second reading of this amendment will be held at the next county commission meeting on Tues. Mar. 18.
