Monroe County considers ordinance change to ease variances for small accessory structures

The Monroe County Board of Commissioners on Feb. 5 reviewed proposed amendments to Ordinance 2026-05 that would let some property owners avoid a variance to build small accessory structures on otherwise flat ground.

Director Jelen of the Planning Office presented the draft, which the Planning Commission forwarded to the board. Jelen said the revisions include scrivener corrections, a new exception in the environmental constraint overlay for certain accessory structures and additions, and updates to reflect recent state code changes affecting the county's permitting processes.

The core change would allow an accessory structure or an addition on completely flat ground to proceed without a variance if the total footprint does not exceed 1,000 square feet and the lot retains at least 0.25 acres of contiguous buildable area around the single-family residence, Jelen said. "The total footprint of the proposed accessory structure shall not exceed 1,000 square feet," she said. The proposed exception would not apply to accessory dwelling units, which Jelen said still require separate septic review and therefore would need a variance when they do not meet the standards.

Jelen also said the county will add a definition for "footprint" to clarify how the 1,000-square-foot limit is measured and will coordinate that language with the county legal department. In addition, she described a technical update stemming from state code changes: permitting functions that were previously integrated with the building department are being separated and the county is revising permitting software and procedures to match. Jelen said the county now uses a predesign checklist to ensure applicants submit complete materials.

"Now we have 3 days and we have to deny their application if they don't get that before they even apply for the permit," Jelen said, describing the administrative constraint imposed by the state code change and the county's effort to reduce incomplete submissions.

Jelen also proposed a minor change for wireless communication facilities: small changes within an existing fenced facility would no longer require a full site plan. She noted the draft contains corrections to align the county code wording with state code language.

Commissioner Badri asked whether the predesign step was required by state law; Jelen replied it is not a separate statutory requirement but a county practice to ensure complete applications after state code changes required the separation of certain permitting processes. The board did not vote on the ordinance at the work session; the moderator asked that the ordinance be placed on next week’s regular session agenda for further review and action.

The Planning Office offered examples showing when the exception would or would not apply and invited commissioners to submit questions or request additional edits before the regular session.