MICA: Understanding deed restrictions and setbacks

In October 1986, The Deltona Corporation, developer of Marco Island, assigned to the Marco Island Civic Association the right of enforcement of the declaration of restrictions that had been recorded against properties developed by Deltona, on Marco Island, through that date.

Deltona created the deed restrictions to protect the integrity of the island and to assure conformity of all new construction in those geographical areas covered by the restrictions. Deed restrictions are an excellent tool for maintaining or increasing property values.

A condition of the turnover agreement was that an Architectural Review Committee (ARC) be formed which would act as an authority in the review process. The restrictions state that no new structure shall be constructed without a review of the design drawings and written approval by ARC.

MICA’s ARC continues to meet monthly and has met on a regular basis since 1986, or for 23 years. ARC is composed of volunteers who are engineers, architects or individuals with a background in construction. Of particular interest to the committee are setback requirements.

Deed restriction setbacks differ from City of Marco Island zoning setbacks and in all cases property owners must meet the most stringent setbacks. Corner or shoulder lots have unique deed restrictions. It is suggested that ARC be contacted prior to commencing design.

The deed restrictions cover single-family residential, multi-family residential and commercial properties on the island and apply to most of the island. Areas that Deltona did not place deed restrictions are Old Marco, everything north of the center of Old Marco Lane, the Highlands, Esplanade, Hideaway and some beachfront properties.

In deed restricted areas, plans for construction must be submitted to the Architectural Review Committee. If you are thinking of building a screen enclosure, swimming pool or house, putting an addition on your home, or building a commercial building and you are not sure if there are deed restrictions that run with your property, please call the MICA office at 239-642-7778. Application for plan review is available in the MICA office.

The Marco Island Civic Association works closely with the City of Marco Building Department. Although our regulations vary, if MICA finds a violation of city codes, we will notify the Building Department or Code Enforcement Department. In the city’s application for a building permit, it advises the applicant to check with MICA to see if there are applicable deed restrictions on the property.

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