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Item 8BAGENDA ITEM # 8B JANE 11, 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 byweather-related acts. SUBMITTED BY: Sonya Doerr, AICP ,6~e~ 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~pre-existing non-conformin>7 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: ~ June 11, 2007 regular meeting AGENDA ITEM # 8B JUNE 11, 2007 Draft -Section 24-87 June 04, 2007 Sec. 24-87. Redevelopment, Repair or Replacement of Lawfully Egistin~ Residential Uses including those damaged or destroyed 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 Re~I.Ilations including minimum Yard Requirements, which may control such redevelopment. (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 Dwelli.n sg_. 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 Dwellin~mav be replaceable subiect to applicable building codes and other Land Development Regulations includin dg rainage 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 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 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.