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Commission approves text changes to land‑development rules: owner consent, height measurement and dwelling unit definitions updated
Summary
The City Commission on Feb. 18 approved text amendments to Chapter 94 clarifying forms of owner consent for applications, how fence/wall and structure heights are measured in flood‑elevated areas, and the definition of dwelling unit to allow up to two kitchens for a single household.
The City Commission unanimously adopted Ordinance 51-24-25 on Feb. 18, approving several targeted text amendments to the zoning and land‑development regulations (Chapter 94). The changes clarify documentation required to prove ownership or consent for development applications; standardize how fence, wall and structure heights are measured where properties have been raised for flood‑control freeboard; and adjust the definition of dwelling unit to permit up to two kitchens in a single dwelling unit provided the unit serves a single household.
Angela Vann, Planning and Zoning Administrator, explained that changes to the application requirements reflect modern practice where purchasers under contract seek to submit applications before formal recording; amended language provides alternative acceptable proof of ownership or consent to allow applications to proceed. On height measurement, staff said fences and walls will be measured from the exterior property line and structure heights will be measured from the required finished exterior grade or the city’s freeboard/base flood elevation standards so that raising lots to meet flood requirements does not inadvertently increase allowable structure heights.
The amendment to the dwelling‑unit definition responds to repeated requests from condominium developers and some homeowners for an additional kitchen in higher‑end units. Staff and the planning board recommended allowing up to two kitchens in a single dwelling unit provided all kitchens serve one household and the unit is not used as multiple dwelling units; staff noted enforcement would rely on building permits, code enforcement and neighbor complaints where over‑occupancy is suspected.
The Planning Board approved the changes 6–1 at its Dec. 17, 2024 meeting; staff noted the dissenting board member had concerns about the form of owner‑consent documentation, which the city attorney’s office has since reviewed. Commissioners asked for additional detail on enforcement and conditions; staff said they would provide follow‑up information at second reading where relevant.
Ending: The ordinance passed unanimously on first reading at the Feb. 18 meeting. Staff will incorporate the planning board conditions and any clarifying language before final adoption.
