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
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(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.