070907 - Item 8BAGENDA ITEM # 8B
JULY 9, 2007
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Further discussion of proposed new Section 24-87 of the Land Development
Regulations to address the Redevelopment, Repair or Replacement of Lawfully Existing
Residential Uses including those damaged or destroyed by weather-related acts.
SUBMITTED BY: Sonya Doerr, AICP /~
Community Development Director
DATE: June 14, 2007
BACKGROUND: This issue has been discussed extensively at the previous two meetings. Attached
is a table containing additional information, which summarizes the current regulations as they now apply
in the City along with the previously provided Staff report and drafts.
BUDGET: No budget issues.
RECOMMENDATION: Direction to staff to notice and schedule for action.
ATTACHMENTS: Background information and drafts of new Section 24-87 to be adopted as part of
Chapter 24, the Land Development Regulations.
REVIEWED BY CITY MANAGER:
AGENDA ITEM # 8B
NLY 9, 2007
CITY OF ATLANTIC BEACI-I
CITY COl~IlVIISSI®N 1VIEETING
S'T'AFF REPORT
AGENDA ITEM: Further discussion of proposed netiv Section 24-87 of the Land Development
Regulations to address the Redevelopment, Repair or Replacement of Lawfully Existing
Residential Uses including those damaged or destroyed byweather-related acts.
SUBIYIITTED BY: Sonya Doerr, AICP ~,~
Community Development Director
DATE: June 4, 2007
BACKGROUND: As a follow-up to the information provided for the last meeting, I have attempted
below to summarize and simplify proposed new Section 24-87, which is attached.
The single purpose of paragraphs (a), (b) and (c) is to clearly state within the Land Development
Regulations, that a legally created dwelling unit(s) is considered a Vested Use, and the Use can be
replaced if demolished or destroyed. While the Use is replaceable, other standard requirements would
have to be met, including building codes, parking, impervious, lot drainage and setbacks.
Paragraph (d) provides an option the City Commission may with to consider related to the rebuilding of
nonconforming structures that might be damaged during a storm. There are not a great number of these,
and most of the nonconforming structures in the City are old homes near the beach. These are typically
nonconforming with respect to side yard setbacks only rather than front or rear setbacks. The required
side setback in the area where nonconforming structures are more common is a combined 15-feet, which
is a total of 15-feet on the combined sides with not less than 5-feet on either side.
As an example, if a house were partially destroyed by a hurricane, but the homeowner wished to retain
(for whatever reason) a portion of the house, they would be allowed to reconstruct in the pre-existing
footprint, but they would have to provide at least afive-foot side yard setback on each side. This would
typically be required by Building and Fire Codes in any event.
Important to note, paragraph (d) would apply only in the case of a dwelling damaged by a weather-
related act. (I have changed the term natural to weather-related.)
In effect, this provision could provide a maximum relief of five-feet for the combined side setbacks, and
onl~for pre-existing non-conforming residential structures damaged by aweather-related act, and not
renovations or additions that are made by choice of the owner. In other words, for those few
nonconforming structures, the side setback could be a combined 10-feet rather than a combined 15-feet.
BUDGET: No budget issues.
RECOMMENDATION: Direction to staff to notice and schedule for action.
ATTACHMENTS: Proposed new Section 24-87 to be adopted as part of the Land Development
Regulations.
REVIEWED BY CITY M AGER:
AGENDA ITEM tt 8B
JULY 9, 2007
Z~ruft -Section 2~-87
.lame 04, 2007
Sec. 24-87. Redevelopuaent, Repair or Replacement of Lawfully Existing Residential Uses
including those damaged or destrayed by natural acts.
(a) Single-family Dwellings. Any lawfully existing single-family residential Use which has been
constructed pursuant to properly issued Building Permits, shall be deemed a Vested Use such that
the residential Use may be replaceable subject to applicable building codes and other Land
Development Regulations including minimum Yard Requirements, which may control such
redevelopment.
(b) Two-Family Dwellings. Any lawfully existing Two-family (Duplex Dwelling or Townhouse may
be replaced in accordance with the provisions of preceding Section 24-86.
(c) Multi-family Dwellings. Any lawfully existing Multi-family residential Use which has been
constructed pursuant to Building Permits properly issued prior to the December 13, 1990 effective
date of Ordinance 95-90-48 adopting the original Comprehensive Plan for the Citv of Atlantic
Beach, shall be deemed a Vested Use such that the Multi-family Dwellings may be replaceable
subject to applicable building codes and other Land Development Regulations including drainage
parking and minimum Yard Requirements which may control such redevelopment. In no case shall
the number of residential units be increased except in compliance with the applicable Density
limitation of the Comprehensive Plan, as maybe amended.
(d) Residential Structures. which are Nonconforming with respect to minimum Yard Requirements
and that are damaged, but not fully destroyed such that repair or reconstruction is desired by the
pro e~rtv owner, may be reconstructed within the existing footprint, provided that where any
exterior side wall is reconstructed, a minimum five (5) foot side yard setback shall be required.
Th1S provision shall apply only to damage occurring from a weather related act and not from an
intentional act of the property owner or occupant, in which case the Required Side Yard of the
particular Zoning District shall be required.
AGENDA ITEM f! 8B
NLY 9, 2007
Dr, aft -Section 24-87
June I1, 2007
Sec. 24-87. Redevelopment, Repair or Replacement of Lawfully Existing Residential Uses
including those damaged or destroyed by natural acts.
(a) Single-family Dwellin~y lawfully existing single-family residential Use which has been
constructed pursuant to properly issued Building Permits shall be deemed a Vested Use such that the
residential Use may be replaceable subject to applicable building codes and other Land Development
Regulations including minimum Yard Requirements, which may control such redevelopment
(b) Two-Family Dwellings. Any lawfully existing Two-family (Duplex Dwellins or Townhouse may
be replaced in accordance with the provisions of preceding Section 24-86.
(c) Multi-family Dwellings. Any lawfully existing Multi-family residential Use which has been
constructed pursuant to Building Permits properly issued prior to the December 13 1990 effective
date of Ordinance 95-90-48 adopting the original Comprehensive Plan for the City of Atlantic Beach
shall be deemed a Vested Use such that the Multi-family Dwellings may be replaceable subject to
applicable buildine codes and other Land Development Regulations including drainage parking and
minimum Yard Requirements which may control such redevelopment In no case shall the number
of residential units be increased except in compliance with the applicable Density limitation of the
Comprehensive Plan, as may be amended.
(d)
property owner, may be reconstructed within the existing footprint provided that where any exterior
side wall is reconstructed, a minimum five (5) foot side yard setback shall be required This
provision shall appl~nly to damage occurring from a weather related act and not from an intentional
act of the property owner or occupant, in which case the Required Side Yard of the particular Zoning
District shall be required. (CD Board recommended deletion of paragraph d.)
Alternative paragraph (d) per Commissioner Waters' request.
(d) Residential Structures damaged or destroyed from a natural or weather related act and not from an
intentional act of the owner or occupant which are Nonconforming with respect to minimum Yard
Requirements, may be reconstructed within the previously existing nonconforming building footprint if
reconstructed in the same design as previously existed subject to meeting other applicable building codes and
regulations.
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