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Item 8CAGENDA ITEM #8C MARCH 27, 2006 CITY OF ATLANTIC BEACH CITY COMMISSION STAFF REPORT AGENDA ITEM: For discussion; options to address nonconforming provisions related to residential structures made nonconforming by the proposed Residential Development Standards. SUBMITTED BY: Sonya Doerr, AICP Community Development Director DATE: March 17, 2006 BACKGROUND: As requested, attached is language for consideration related to how existing residential structures could be treated, which might be made nonconforming if new Residential Development Standards (as now proposed or as revised as this process continues) are adopted. As drafted, this language would address those characteristics of a structure that are made nonconforming only by the new standards. Any other nonconforming features would be addressed by the existing nonconforming provisions as set forth within Chapter 24, Section 24-85, Nonconforming Lots, Uses and Structures. The last subsection of this language (paragraph c) is intended to address renovations or additions to existing structures that may not involve total reconstruction of a residence. In summary, if the size of the residence is increased by more than 25% percent, the new standards as they would apply to that addition, would be required. (The 25% is a number for discussion; this percentage could be adjusted as deemed appropriate.) As an example, if the requirement for aone-story element on the front of a residence is adopted, and a homeowner proposes an addition to the front of the house that adds 25% or more to the size of the residence, then the one-story element would be required. Any such addition would also remain subject to all other Land Development Regulations, such as setbacks, impervious area, etc. BUDGET: No budget issues. RECOMMENDATION: Direction to staff, whether to include such language in the currently proposed draft of the Residential Development Standards. (The entire draft will go to the Community Development Board for consideration at such time the draft is in the final form to proceed through the public hearing(s) process. ATTACHMENTS: Proposed language for discussion. REVIEWED BY CITY MAN March 27, 2006 meeting AGENDA ITEM #8C MARCH 27, 2006 For discussion: Nonconforming provisions related to residential structures made nonconforming only by the proposed Residential Development Standards. As proposed below, this language would be~ included as a subsection within the Residential Development Standards. Sec. 24-172 .Special Treatment of Lawfully Existing Single-family and Two- family Residential Structures made Nonconforming by enactment of these Residential Development Standards (a) Intent. It is the intent of this Section to clarify when the Residential Development Standards shall apply in the case of reconstruction or redevelopment following: i. a natural act such as a hurricane, flood or fire; or ii. redevelopment initiated by the action of a property owner or authorized agent for a property owner. The following provisions shall be limited only to those nonconforming characteristics that result from the requirements of this Section, which provides Residential Development Standards. The following proposed language would allow a single or two-family structure, which is destroyed by a natural act such as a fire or hurricane, to be built back in its original footprint at the same size and in the same desi~blect to meeting Building Codes and requirements other than the proposed Residential Development Standards. (b) Structures damaged or destroyed by natural acts or by any means not resulting from the actions of the property owner. Any lawfully existing Single-family residence or Two-family (Duplex) Dwelling, which has been constructed pursuant to properly issued Building Permits prior to the initial effective date of these Residential Development Standards, adopted on 2006 by Ordinance Number, ,shall be deemed a Vested Development, and any Single-family residence or Two-family (Duplex) Dwelling shall be considered a lawful permitted Structure within the Lot containing the Vested Development. Furthermore, an existing Single- family residence or Two-family (Duplex) Dwelling for that particular Structure(s), shall not be considered as a Nonconforming Structure such that it may be fully replaceable in its existing footprint and of the same size and architectural design, subject to all applicable building codes and other Land Development Regulations controlling development and redevelopment of such Lots. Any construction that exceeds the existing footprint shall be in compliance with all applicable provisions of this Chapter including minimum Yard Requirements. AGENDA ITEM #8C MARCH 27, 2006 The following would apply to structures where "voluntary changes "are made (c) Structures damaged, destroyed or demolished or expanded, by any means resulting from the actions of the property owner or authorized agent for a property owner. Single-family residences or Two-family (Duplex) Dwellings, which are rebuilt or renovated, or expanded by more than twenty-five percent (25%) in Floor Area, shall be subject to applicable provisions of the Residential Development Standards for that portion of the Structure that is rebuilt, renovated or expanded.