Category Archives: Florida

Tiny House RV regulations in Sarasota county, FL

Sarasota county, FL requires that a park trailer (tiny house RV or park model RV) that stays at an RV park more than 45 consecutive days be installed with a foundation: “In RMH, OUE and OUR Zoning Districts, any park trailer that remains on site for longer than 45 consecutive days must obtain a park trailer placement permit after 45 days and be installed according to applicable codes for park trailer placement.” In a flood zone, the tiny house RV must be at least 2 feet above ground level.

Here is the link for regulations for RV parks and mobile home parks: https://www.municode.com/library/fl/sarasota_county/codes/code_of_ordinances?nodeId=APXAZORE_ART6DIDEST_6.9MAHORVPACA

Document: 6.9.___Manufactured_Homes__RV_Parks_and_Campgrounds.

06/13 County Commission takes up tiny house controversy

Conceptual rendering of tiny house community proposed in Tallahassee

Conceptual rendering of tiny house community proposed for Tallahassee

A public hearing on a proposed “tiny house” development takes place at Tuesday’s Leon County Commission meeting. It will be at 6 p.m. in the commission chambers on the fifth floor of the courthouse.

The controversial proposal garnered both support and concern from residents living in the Wolf Creek Subdivision and adjacent areas. Those who oppose the plan fear the development will cater to homeless residents and spur loitering and crime activity. The Dwellings is a project under Floresta LLC and backed by Tallahassee businessman, philanthropist and entrepreneur Rick Kearney. He’s proposing to build at $7.8 million “tiny house” community with each unit ranging from 250 to 400 square feet on 30 acres next door to Wolf Creek, located off of U.S. Highway 20. The first phase of the development would see two dozen homes built and 130 units once it’s complete.

Several Wolf Creek residents and others filed a legal appeal of the proposed project, which received initial approval.

Read more – http://www.tallahassee.com/story/money/2016/06/13/county-commission-takes-up-tiny-house-controversy/85838100/

Follow up: The “tiny house” proposal for southwest Tallahassee cleared a hurdle after county commissioners unanimously voted on Tuesday to support an administrative judge’s recommendation. – http://www.tallahassee.com/story/money/2016/06/14/big-step-tiny-house-development/85897946/

03/23 Florida orders demolition of tiny homes for veterans

tiny home to be torn down, image courtesy of WPEC, Channel 12

tiny home to be torn down, image courtesy of WPEC, Channel 12

Supporters of the “tiny house” sustainability movement, facing the demolition of two miniature abodes in Lake Worth, remained upbeat on Wednesday and promised to recycle the remaining parts for use in a community garden…

Supporters hoped the houses could be used as transitional housing for veterans or former drug addicts and began trying to move them when they said Lake Worth city officials indicated the houses did not meet building codes.

A Lake Worth building official did not return a phone message.

But moving them also became a financial and logistical challenge, Horkavy said, especially as the city ordered demolition by March 26.

Read more – http://www.sun-sentinel.com/local/palm-beach/fl-tiny-houses-demolished-20160323-story.html

ADUs in Orange County, Florida

Sec. 38-1426. – Accessory dwelling units.
(a) The intent and purpose of this section is to allow a relative who wishes to reside in close proximity to his or her family an opportunity to do so by providing authorization to seek and obtain a special exception for an accessory dwelling unit, while maintaining the single-family character of the primary single-family dwelling unit and the neighborhood.

(b) An accessory dwelling unit may be allowed on a lot or parcel as a special exception in any residential or agricultural zoning district (including a residential lot or parcel on an existing planned development). The accessory dwelling unit shall be an accessory use to the primary single-family dwelling unit. Only one (1) accessory dwelling unit may be permitted per lot or parcel. The accessory dwelling unit shall not be constructed prior to the construction and occupation of the primary dwelling unit.

(c)
(1) An accessory dwelling unit shall be occupied initially only by a relative. For purposes of this section, the term “relative” shall mean a sister, brother, lineal ascendant or lineal descendant of the owner of the lot or parcel on which the primary single-family dwelling unit is located (or the owner’s spouse).
(2) Subject to subsection (c)(3), an accessory dwelling unit may be occupied by a nonrelative, provided:
a. The accessory dwelling unit was occupied initially only by a relative and at least three (3) years have passed since the issuance of the certificate of occupancy for the accessory dwelling unit; or
b. The accessory dwelling unit was occupied initially only by a relative, and the relative has died.
(3) The BZA/BCC may impose a condition prohibiting the accessory dwelling unit from being leased, rented or otherwise used or occupied by a nonrelative.
(d) In addition to what is normally required for an application for a special exception, an application for a special exception for an accessory dwelling unit shall contain or be accompanied by the following information and documentation:
(1) An affidavit attesting that the owner of the lot or parcel understands and agrees that the provisions of this section shall be complied with, that he shall be responsible to the county for ensuring that the provisions are complied with, and that he shall be responsible for any failure to comply with the provisions;
(2) Documentation evidencing that the person who is to inhabit the accessory dwelling unit is a relative;
(3) A site plan prepared in compliance with Section 106.1.2 of the Florida Building Code, as amended by Section 9-33 of the Orange County Code;
(4) An exterior elevation drawing of the proposed accessory dwelling unit, regardless of whether it is proposed to be attached or detached;
(5) A photograph and exterior elevation drawing of the primary single-family dwelling unit; and
(e) In order to approve a special exception for an accessory dwelling unit, the county shall determine that the proposed accessory dwelling unit is designed to be similar and compatible with the primary single-family dwelling unit and that it will be compatible with the character of the neighborhood. A manufactured home constructed pursuant to United States Department of Housing and Urban Development standards or a mobile home may not be used as an accessory dwelling unit in any single family residential zoned district.
(f) After an application for a special exception for an accessory dwelling unit is approved, the accessory dwelling unit shall be subject to the following performance standards and requirements:

(1) Ownership. The primary single-family dwelling unit and the accessory dwelling unit shall be under single ownership at all times. Also, either the primary dwelling unit or the accessory dwelling unit shall be occupied by the owner at all times. Approval of an accessory dwelling unit shall not constitute approval for separate ownership or the division of the lot or parcel. Any request to divide the lot or parcel shall comply with and be subject to applicable laws, ordinances and regulations, including zoning regulations and access requirements.

(2) Change in occupancy. The owner shall notify the zoning department in writing whenever there is a change in occupancy of the accessory dwelling unit and inform the zoning department whether the new occupant is a relative or a non-relative.

(3) Living area. The minimum living area of an accessory dwelling unit shall be four hundred (400) square feet. However, the maximum living area of an accessory dwelling unit shall not exceed forty-five (45) percent of the living area of the primary dwelling unit or one thousand (1,000) square feet, whichever is less, and shall not contain more than two (2) bedrooms. For lots/parcels equal to or greater than two (2) acres, the maximum living area shall be one thousand five hundred (1,500) square feet.

(4) Lot or parcel size. The size of the lot or parcel shall be equal to or greater than the minimum lot area required for a single-family dwelling unit in the zoning district. An attached accessory dwelling unit may only be constructed on a lot or parcel whose area is equal to or greater than the minimum lot area required in the zoning district. A detached accessory dwelling unit may only be constructed on a lot or parcel whose area is at least one-and-one-half (1½) times the minimum lot area required in the zoning district.

(5) Open space. An accessory dwelling unit shall be treated as part of the impervious surface area of a lot or parcel. The open space requirements for a single-family lot or parcel shall be met notwithstanding the construction of an accessory dwelling unit.

(6) Setbacks. The setbacks for an attached accessory dwelling unit shall be the same as those required for the primary dwelling unit. In addition, a detached accessory dwelling unit shall be located only to the side or rear of the primary dwelling unit and shall be separated from the primary dwelling unit by at least ten (10) feet, and the distance separation shall not be less than the distance required under Section 610 (“Buildings Located on the Same Lot”) and Table 600 of the 1991 edition of the Standard Building Code, as it may be amended from time to time. Moreover, a one-story detached accessory dwelling unit shall be setback a minimum of ten (10) feet from the rear property line and shall meet the minimum side setbacks for a primary structure in the zoning district. A two-story detached accessory dwelling unit located above a detached garage shall meet the setbacks for the primary structure in the zoning district.

(7) Entrance. An attached accessory dwelling unit may either share a common entrance with the primary dwelling unit or use a separate entrance. However, a separate entrance shall be located only to the side or rear of the structure.

(8) Parking. One (1) additional off-street parking space shall be required for an accessory dwelling unit. The additional space requirement may be met by using the garage, carport or driveway of the primary dwelling unit.

(9) Water and sewer. Adequate water and wastewater capacity shall exist for an accessory dwelling unit. Approval of a special exception for an accessory dwelling unit shall not constitute approval for use of a septic system and/or a well. If a septic system and/or a well must be utilized, applicable laws, ordinances and regulations shall control. The owner of an accessory dwelling unit may apply for and obtain a separate water meter subject to the unit connecting to Orange County’s water system.

(10) Electrical. The owner of an accessory dwelling unit may apply for and obtain a separate power meter subject to the approval of the utility company and complying with all applicable laws, ordinances and regulations.

(11) Impact fees and capital fees. The impact fees for an accessory dwelling unit shall be accessed at the multi-family rate. Water and wastewater capital fees for the accessory dwelling unit shall be assessed at the multi-family rate.

(12) Other laws, ordinances, and regulations. All other applicable laws, ordinances and regulations shall apply to the primary dwelling unit and the accessory dwelling unit.
(Ord. No. 95-21, § 2, 7-25-95; Ord. No. 98-37, § 27, 12-15-98; Ord. No. 2008-06, § 24, 5-13-08)

Source – https://www.municode.com/library/fl/orange_county/codes/code_of_ordinances?nodeId=ORCOCO_CH38ZO_ARTIXGESURE_S38-1426ACDWUN

Florida Advanced Code Requirements for Residential Construction

Excerpt from “Advanced Code Requirements for Residential Construction
– Internet Course” by Becky Boucher

Slide 8: Minimum Room Dimensions:

The total area of a residence is generally not regulated by code; however a structure more than three stories in height would have to meet the provisions of the Florida Building Code- Building, rather than Residential Code. Only homes three stories or less, with a separate means of egress for accessory structures (like a garage or carport) fall under the provisions of the Residential Code. (FBC- Residential R101.2 Scope.) The Code does, however, have several minimum requirements that apply to residences. Residential space standards provide specifications for the internal floor area of dwellings and rooms.

Every dwelling must have at least one habitable room that has a minimum of 120 square feet of gross floor area. (FBC- Residential R304.1 Minimum area.) In most cases, this larger room is designed as the living area in a home. Other habitable rooms must have a floor area of at least 70 square feet (FBC- Residential R304.2 Other rooms.) and cannot have any one wall less than 7 feet in length. (FBC- Residential R304.3 Minimum dimensions.) The kitchen, however, though still considered a habitable room, can be a little smaller, but not less than 50 square feet in gross floor area. (FBC- Building 1208.3 Room area (Exception).)

A habitable room is defined as all rooms used for living, dining, sleeping and cooking purposes. Bathrooms, closets, halls, and utility spaces are not considered habitable rooms. (FBC-Building
202 Definitions.)

It’s important to keep in mind, that when figuring the square footage of a room, any portions of the room with a sloped ceiling measuring less than 5 feet or a furred ceiling measuring less than 7 feet from the finished floor to the finished ceiling are not included as habitable space for the room. (FBC- Residential R304.4 Height effect on room area.)

The home designer has the flexibility to distribute the total amount of space among the rooms as they wish, as long as the combined spaces and the individual rooms meet minimum code requirements.

Read full document here: http://www.floridabuilding.org/fbc/commission/FBC_0512/commission_education_poc/444/444-1-MATERIAL.pdf