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Polk County adopts land-development code change capping accessory dwelling units at 1,000 square feet
Summary
The board adopted a land-development code text amendment (LDCT-2024-21) that reestablishes a 5-foot setback for accessory structures, clarifies rules for lots bisected by roads, and limits accessory dwelling units to 1,000 square feet; staff and planning directors discussed how impact fees and subdivision actions interact with accessory units.
Polk County commissioners voted to adopt a land-development code text amendment addressing accessory structures, including a 5-foot setback for most districts, a clarification for properties bisected by roads, and a 1,000-square-foot cap on accessory dwelling units.
Ben Sisco, the county's land development director, presented the adoption hearing for case LDCT-2024-21. Sisco told the board that the ordinance would reestablish a 5-foot setback for accessory structures in most land development districts, clarify when a property bisected by a roadway may locate a structure on the lake side, and set a 1,000-square-foot limit for accessory dwelling units (the planning commission had originally recommended a 5,000 limit but staff revised that after board feedback).
Commissioners asked county staff whether the county could recapture impact fees if a property owner built a large accessory structure and later subdivided the lot to create what functionally became a second single-family dwelling. County counsel and planning staff said that if a subdivision triggers a change of use or a platting process it would trigger permits and, at that point, impact fees and code enforcement could be applied to rectify nonconforming situations. Benjamin Dunn, planning development director, noted the county has previously required permitting and collection of impact fees when accessory structures were later subdivided into separate lots.
The adoption hearing drew no public comment; the board moved to adopt the ordinance and the motion carried. The ordinance text also contains a one-unit limit for accessory dwelling units.
Staff and commissioners said the ordinance aims to clarify development rules, limit the size and number of ADUs, and close a pathway that in some cases has been used to avoid impact fees.
