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Ordinance No.: 04-________
AN ORDINANCE OF THE CITY OF ST. AUGUSTINE, FLORIDA, RELATING TO ZONING, AMENDING THE DEFINITION OF "LOT" AS CONTAINED IN SECTION 28-2 TO CLARIFY THE CIRCMUSTANCES WHEN A NON-CONFORMING LOT OF RECORD MAY BE CONSTRUCTED UPON OR SEPARATELY SOLD; AMENDING CHAPTER 28 OF THE CODE OF THE CITY OF ST. AUGUSTINE BY THE ADDITION OF A NEW SECTION TO BE KNOWN AS SECTION 28-160 TO LIMIT THE HEIGHT OF STRUCTURES ON NON-CONFORMING LOTS OF RECORD WITHIN RESIDENTIAL DISTRICTS; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, it is the finding of the City Commission of the City of St. Augustine, Florida, that in portions of the City there are numerous non-conforming lots upon which there exists the possibility that due to the increasing costs of lands within the City limits, structures might be constructed which are disproportionate in the mass and scale to the size of such non-conforming lots; and
WHEREAS, construction of disproportionately large structures within the residential districts of the City will adversely affect the property values of neighboring properties and adversely affect the quality of life within the City; and
WHEREAS, after holding public hearings and receiving information from residents of the City within affected residential districts, it is the finding of the City Commission that it is in the public, health, safety and welfare that it is necessary to clarify existing ordinances relating to non-conforming lots of record and provide guidance as to the mass and scale of structures on non-conforming lots of record within residential districts;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF ST. AUGUSTINE, FLORIDA:
Section 1. Amendment to Definition of "Lot" as contained in Section 28-2 of the Code of the City of St. Augustine. The definition of the term "Lot" as contained in Section 28-2 of the Code of the City of St. Augustine be, and the same is, amended to read:
"Lot means a parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage and area, and to provide such yards and other open spaces as are herein required (provided that certain nonconforming lots of record ("Non-conforming Lots of Record") at the effective date of this chapter (April 29, 1975), or any amendment to the Zoning Atlas of the City increasing the dimensional requirements of lots within the zoning district in which the lots is located, are exempted from certain of its provisions under the terms of this chapter (see section 28-119). Such lot shall have frontage on a public or private street and may consist of a single lot of record; a portion of a lot of record; a combination of complete lots of record, or complete lots of record and portions of lots of record, or of portions of lots of record; or a parcel of land described by metes and bounds; provided, that in no case of division or combination shall any residual lot or parcel be created which does not meet the requirements of this chapter.
A. Transfer of Ownership: Non-conforming Lots of Record may be transferred, and the new owner may continue the existing use of the Non-conforming Lot of Record, subject to the provisions of this Chapter. The use of a non-conforming lot existing on the effective date this Chapter may not be changed to any other use for which the lot would be less conforming under the provisions of this Chapter.
B. Ability to Build on: Subject to the reduction in height requirements as contained in Section 2 of this Ordinance, a Non-conforming Lot of Record as of April 29, 1975, may be built upon without the need for a variance provided that such lot is in separate ownership and not contiguous with any other lot in the same ownership; and that all provisions of this Chapter except lot size and frontage can be met. Waivers and variances relating to boundary line setback or to requirements not involving lot size or frontage shall be obtained as otherwise permitted by this Chapter.
C. Contiguous Lots Built: If two or more contiguous Non-conforming Lots of Record are in a single or joint ownership of record, if all or part of the lots do not meet the dimensional requirements of this Chapter and if a separate principal use or structure exists on each lot, the non-conforming lots may be conveyed separately or together.
D. Contiguous Lots Vacant or Partially Built: If (a) two or more contiguous Non-Conforming Lots of Record are in single or joint ownership of record, (b) there is located upon one or more of such lots a principal use or structure, (c) one or more of the remaining contiguous lots is vacant, (d) any of these lots do not individually meet the dimensional requirements of this Chapter or subsequent amendments, and (e) if one or more lots are vacant or contain no principal structure, then, and in that event, the lots shall be combined, but only to the extent necessary to meet the dimensional requirements of this Chapter; provided, however: (i.) that in the event the structure or structures located upon such noncoforming lots were constructed prior to April 29, 1975 and do not exceed by fifty per cent (50%) the current required maximum lot coverage requirements of this Chapter applicable to the lot upon such structures are located and do not reduce the current minimum required setbacks of this Chapter by more than fifty per cent (50%); or (ii.) such structure or structures were constructed after April 29, 1975, and before the effective date of this Subsection D and do not exceed by twenty-five per cent (25%) the current required maximum lot coverage requirements of this Chapter applicable to the lot upon such structure are located and do not reduce the current minimum required setbacks of this Chapter by more than twenty-five per cent (25%); then in that event, the vacant lot or lots need not be combined with the lot or lots upon which is located such structure or structures and may be considered as a Non-conforming Lot of Record. It shall be the burden of proof upon the owner to demonstrate the date of the permitting or construction of the principal use or structure or structures."
E.. Contiguous lots built upon may not be divided into non-conforming lots. In the event that two or more non-conforming lots of record have been combined as a result of the construction thereon of a structure, such lots may not thereafter be divided into nonconforming lots by the removal or destruction of the structure. Such lots may, however, be replatted so long as the replatted lots are conforming to the requirements of this Chapter.
Section 2. Amendment to Chapter 28, Article III, Division 2 of the Code of the City of St. Augustine. Chapter 28, Article III, Division 2 of the Code of the City of St. Augustine be, and the same is, hereby amended by the addition of a new section to be known as Section 28-160 to read as follows:
Sec. 28-160. Height restrictions on Non-conforming Lots of Record in Residential Districts.
Notwithstanding any other provision of this Division 2, the allowable maximum height of structures proposed for construction within Residential Districts on a Non-conforming Lot of Record shall be reduced in proportion to the reduction of the lot width of such Non-conforming Lot of Record below that required within the District in which such Non-conforming Lot of Record is located.
Section 3. Savings Clause. If any Section or portion of this ordinance shall be determined by a court of appropriate jurisdiction to be invalid, such invalidity shall not affect the remaining portions of this Ordinance.
Section 4. Effective Date. This Ordinance shall take effect as otherwise provided by law.
PASSED by the City Commission of the City of St. Augustine on Second Reading this _____ day of _______________ of the year 2004 and of the founding of the City of St. Augustine the 439th.
CITY COMMISSION OF THE
CITY OF ST. AUGUSTINE, FLORIDA
ATTEST: _____________________ BY: _____________________________
City Clerk Mayor-Commissioner
Underlined words represent additions to
Passed on first reading: _________________________
Passed on second reading:_________________________