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072307 - Item 7DAGENDA ITEM # 7D JULY 23, 2007 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: First reading of proposed Ordinance 90-07-201 to adopt 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 fire orweather-related acts and also a corresponding revision to Section 24-85 related to Non-conforming Structures to create consistency within the regulations. SUBMITTED BY: Sonya Doerr, AICP ~,~ Community Development Director DATE: May 21, 2007 BACKGROUND: This item has been discussed at several meetings and most recently at the Commission's July 10th workshop. The attached provisions contain the changes as proposed at the workshop. The following information is repeated from earlier staff reports. The assumption by most residents is that if their home were to be destroyed or damaged by a hurricane, flood or fire, it could be replaced as it had existed. While in most cases this would be true, the current regulations are not entirely clear with respect to the replacement of residential uses, which may now have some nonconforming characteristic, except for the replacement of existing two-family dwellings, which is addressed in Section 24-86. The attached proposed new section is consistent with the language of Section 24-86 and clarifies than any "legal "residential use can be re-established. Multi-family uses (includes condominiums) that were built prior to the adoption of the 1990 Comprehensive Plan could also be replaced, but there could be no increase in the number of units unless the density limit of the Comprehensive Plan was met. BUDGET: No budget issues. RECOMMENDATION: Approval on first reading of Ordinance 90-07-201 adopting new Section 24-87 as part of the Land Development Regulations and also adopting a corresponding revision to Section 24-85 related to Non-conforming Structures. ATTACHMENTS: Proposed Ordinance 90-07-201 and also a strikethrough draft with changes as recommended at the workshop. REVIEWED BY CITY MA ER: July 23, 2007 regular meeting AGENDA ITEM # 7D JULY 23, 2007 ORDINANCE NUMBER 90-07-201 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, AMENDING ORDINANCE NUMBER 90-O1-172, SAID ORDINANCE RE-ADOPTING CHAPTER 24 OF THE CITY CODE, INCLUDING ALL SUBSEQUENT AMENDMENTS THERETO; THIS ORDINANCE SPECIFICALLY AMENDING SECTION 24-85(c), NONCONFORMING STRUCTURES, AND ALSO CREATING NEW SECTION 24-87 TO BE CONTAINED WITHIN THE LAND DEVELOPMENT REGULATIONS, BEING CHAPTER 24 OF THE CODE OF ORDINANCES FOR THE CITY OF ATLANTIC BEACH, PROVIDING FOR RECORDATION AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Atlantic Beach, pursuant to Chapter 163, Part II, Florida Statutes, Section 163.3164, Local Government Comprehensive Planning and Land Development Regulation Act, and Section 24-4 of the Municipal Code of Ordinances, the City Commission has the authority to adopt and amend Land Development Regulations, and WHEREAS, pursuant to such authority, the City has adopted a Comprehensive Plan, and has adopted regulations to guide the future use and development of lands within the City, and WHEREAS, a public hearing to enact this Ordinance was held by the City Commission for the City of Atlantic Beach on , 2007. NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: SECTION 1. Chapter 24, Sections 24-85, Nonconforming Structures and new Section 24-87, Zoning, Subdivision and Land Development Regulations, are hereby amended and upon enactment shall read as set forth within Exhibit A, attached to and made part of this Ordinance. SECTION 2. This Ordinance shall take effect immediately upon its final passage and adoption and shall be recorded in a book kept and maintained by the Clerk of the City of Atlantic Beach, Florida, in accordance with Section 125.68, Florida Statutes. Passed on first reading by the City Commission of the City of Atlantic Beach this 23rd day of July, 2007. Passed on final reading and public hearing this th day of , 2007. DONALD M. WOLFSON Mayor/Presiding Officer Approved as to form and correctness: ALAN C. JENSEN, ESQUIRE City Attorney ATTEST DONNA L. BUSSEY, CMC City Clerk Page 1 of 2 Ordinance 90-07-201 AGENDA ITEM # 7D JULY 23, 2007 EXHIBIT A (to ordinance 90-07-201) Sec. 24-85. (c) Nonconforming Structures. (1) No Nonconforming Structure shall be expanded or enlarged unless such expansion or enlargement complies with the terms of this Section and other applicable provisions of this Chapter, including Building Setbacks, or unless a Variance has been obtained from the Community Development Board, in accordance with the requirements of Section 24-64 of this Chapter. (2) Any Nonconforming Structure, or portion thereof, that is declared unsafe may be restored to a safe condition. Building Permits shall be required. (3) A Nonconforming Structure may be maintained, and repairs and alterations may be made subject to the provisions of this Section. Building Permits shall be required. (4) No additional Structure not conforming to the requirements of this Chapter shall be constructed in connection with the Nonconforming Use of Land. (5) Any existing Nonconforming Structure that is encroaching into public Right-of--way shall not be rebuilt, enlarged, or structurally altered unless such encroachment is removed. (Sec. 24-86. is not changed by this Ordinance.) Sec. 24-87. Replacement of Lawfully Existing Residential Uses including those damaged or destroyed by fire, weather related or other unintended acts. The following provisions clarify when a residential Use, which may be a Nonconforming Use, can be replaced following an event which results in the loss of a Dwelling or substantial damage to a Dwelling such that replacement is desired by the property owner. These provisions shall apply only to damage occurring from an unintended act, including fire and weather related events and not from an intentional act of the property owner or occupant. (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. (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 City of Atlantic Beach, shall be deemed a Vested Use such that the Multi-family Dwellings may be replaceable. 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. Page 2 of 2 Ordinance 90-07-201 Strikethrough Draft -Section 24-87 and Section 24-85 with workshop recommendations Julv 10. 2007 DRAFT AGENDA ITEM ~ 7D JULY 23, 200'7 Sec. 24-87. Replacement of Lawfully Existing Residential Uses including those damaged or destroyed by fire, weather related or other unintended acts. The following provisions clarify when a residential Use, which may be a Nonconforming Use, can be replaced following an event which results in the loss of a Dwelling or substantial damage to a Dwelling such that replacement is desired by the property owner. These provisions shall apply only to damage occurring from an unintended act, including fire and weather related events and not from an intentional act of the property owner or occupant. (a) Single-family Dwellin~v 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. (b) Two-Family Dwellings. Any lawfully existing Two-famil~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 City of Atlantic Beach, shall be deemed a Vested Use such that the Multi-family Dwellings may be replaceable. 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. Strikethrough Draft -Section 24-87 and Section 24-85 with wo~hop recommendations July 10, 2007 D~ ~~ AGENDA ITEM # 7D JULY 23, 2007 The following is the current Section 24-85 with paragraph (6) relocated as discussed at the workshop. I have changed, in paragraph (1), the term Yard Requirements to Building Setbacks. These terms have the same meaning, but I think "setback" is more commonly understood. I leave also cleaned-up some redundant and conflicting language. Sec. 24-85. (c) Nonconforming Structures. (1) No Nonconforming Structure shall be expanded or enlarged unless such expansion or enlargement complies with the terms of this Section and other ~plicable provisions of this Chapter, including e~t~sBuilding Setbacks, or unless a Variance has been obtained from the Community Development Board, in accordance with the requirements of Section 24-64 of this Chapter. T/te following pura~;rrtph is pro loaner needed ~~ r., .t,e e o~+ +i.,,+ o +t,.,., ~:~. icm o o.,+ ~F +t,o .,t„o ,.~ ., tt,,..,.,,,,~ ,..,,;.,,~ c+«,,,.~,,,.o > > (32) Any Nonconforming Structure, or portion thereof, that is declared unsafe may be restored to a safe condition. Building Permits shall be required. (43) A Nonconforming Structure may be maintained, and repairs and alterations may be made subject to the provisions of this Section. , .Building Permits shall be required. (~4) No additional Structure not conforming to the requirements of this Chapter shall be constructed in connection with the Nonconforming Use of Land. (g5) Any existing Nonconforming Structure that is encroaching into public Right-of--way shall not be rebuilt, enlarged, or structurally altered unless such encroachment is removed. 6) Residential Structures which were lawfully existing, but Nonconforming with respect to required Building Setbacks may be reconstructed within the previously 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~v to reconstruction following damage that has occurred from an unintended act, including fire and weather related events, and not from an intentional act of the property owner or occupant, in which case the required Building Setbacks of the particular Zoning District shall be required.