Except as otherwise provided, the lawful use of any building,
structure or land existing at the time of this Part 1 may be continued,
although such use does not conform to the provisions of this Part
1.
Where a nonconforming lot exists as a separate entity, and where
the lot owner does not own an adjoining lot of the same zoning, then
the following may be permitted as special permit uses:
A. Residential nonconforming lots. In residential districts, a family
dwelling may be constructed, provided that the lot is at least 75%
in compliance with the lot area, lot width, rear yard, side yard and
maximum building coverage requirements of the district.
B. Commercial nonconforming lots. In the commercial district, a structure
not exceeding two stories in height may be constructed for any permitted
or special permit use. The off-street parking and loading requirements
shall be complied with, and front, side and rear yards shall be in
keeping with surrounding areas.
[Added 6-28-1994 by Ord. No. 94-09]
A. Purpose. The purpose of this section is to adopt criteria to assure
that in the event a structure listed in Comprehensive Plan Policy
101.1401 is damaged or destroyed by hurricane, tornado, fire, explosion,
flood or other disaster, it can be repaired or reconstructed in a
manner which guarantees that each unit may be restored to the same
square footage which existed as of January 26, 1993.
B. Code requirements.
(1)
Repairs and reconstruction shall adhere to all flood management
regulations in effect at the time of the repair or reconstruction.
In the event that the flood management regulations require elevation
of a structure, the City shall permit the height of the structure
to be increased to accommodate the required elevation. In the event
that the proposed reconstruction cannot be accomplished, while at
the same time satisfying one or more of the following City Code provisions,
the City shall grant the owners relief from such Code provisions as
necessary to permit the grandfathered units to be restored:
(e)
Impervious surface ratio.
(2)
Nothing contained herein shall relieve owners of the obligation
to repair and/or reconstruct in strict compliance with the building
and life safety codes in effect at the time of the repair or reconstruction.
Nothing contained herein shall be construed to permit the construction
of more dwelling units or larger dwelling units than existed on January
26, 1993.
C. Procedure for reconstruction.
(1)
In cases where repairs are made to an existing structure and
the footprint of the structure or structures is not altered, the applicant
need only obtain a building permit. Building permits for such repairs
shall be issued without review and shall not be subject to Code provisions
regarding setbacks, height restrictions, parking requirements, green
space, stormwater retention or impervious surface ratio requirements.
In the event that the footprint of one or more buildings is proposed
for modification, the owners shall submit a post-disaster site plan
which must be approved prior to issuance of a building permit. Post-disaster
site plans shall not be required to demonstrate compliance with, nor
shall the owners be required to obtain a variance from, Code provisions
relating to height, setbacks, parking, green space and impervious
surface ratios. It is not the intention of this section to relieve
any property owners from reconstructing in a manner which conforms
to applicable City standards to the extent feasible.
(2)
Review and approval of post-disaster site plans shall be the
responsibility of the Planning and Zoning Board, and the procedure
shall be identical to the procedure for regular site plan approval.
The only criteria which shall be applied are as follows:
(a)
The plan is in compliance with all flood management regulations.
(b)
If the site has property both within and outside of the V Zone,
the applicant has to the maximum extent feasible designed the site
to avoid placing dwelling units in a V Zone.
(c)
The applicant has complied with the stormwater requirements
to the extent feasible.
(d)
The site plan, on balance, is no more nonconforming than the
predisaster site, with the exception of any additional height required
in order to meet flood management regulations.
(e)
The amount of recreation and open space has not been reduced.