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Board discusses proposed code edits and limits imposed by SB 180
Summary
The board reviewed proposed local code edits and heard from the town attorney that SB 180 restricts municipalities from adopting local regulations that make state rules more restrictive; the board agreed to advance non-restrictive edits to an LPA hearing and flagged the more restrictive items for further review.
Attorney Dylan Brandenburg briefed the board on a draft ordinance (0-2-26) and on SB 180, a state law passed last year that, he said, "prohibits a local government from changing codes to make regulations more difficult." Brandenburg read Section 28(1) aloud and advised that the town must take the state law into account when drafting local changes. The board discussed which proposed edits would be considered "not restrictive" and therefore advanced those items to an LPA hearing scheduled for April 22.
Board members reviewed a list of specific proposed edits (credits for porches, treating balconies in floor-area calculations, parking language, roof-pitch standards and two-story setback rules). Some items were classified as "too restrictive" and will require additional review after the board considers SB 180's provisions; staff noted that pending FDEP turf standards may supersede local turf requirements and that permits remain required for work in protected strips.
