§ 16.70.040.1.15. Redevelopment of grandfathered uses.

A.

Applicability. The commission designated in the Decisions and Appeals Table is authorized to approve redevelopment plans for the reconstruction of grandfathered uses which are destroyed or demolished and on property which was occupied by a grandfathered use.

B.

Application. An application for redevelopment of a grandfathered use shall include the following information in addition to the information that the POD may generally require for a planning and zoning decision application:

1.

A site plan of the subject property.

2.

The number of copies required shall be established by the POD.

a.

All site plans shall include information required by the POD.

(1)

Floor plans shall include the dimensions and floor area in square feet of all rooms and units.

(2)

In case of doubt, the POD may require a surveyor's certificate on location of the proposed structure relative to the lot lines involved.

b.

If the proposed redevelopment requests modification of the minimum number of parking or parking layout, the site plan shall include required parking information.

c.

If the proposed redevelopment requests modification of the existing landscaping or installation of new landscaping, the site plan shall include required landscaping information.

3.

Elevations depicting architectural details and materials for all sides of each structure.

C.

Conditions and requirements.

1.

Requirements. The POD shall not accept an application which does not meet the following requirements:

a.

If the grandfathered use has been abandoned, an application to reinstate the use shall be submitted with the application to approve the redevelopment plan;

b.

A redevelopment plan for a structure which had been destroyed (excluding voluntary demolition) shall be filed not more than one year from the event that caused the destruction of the structure (e.g., the date of the fire, hurricane, etc.);

c.

In cases involving voluntary demolition of a grandfathered use, a redevelopment plan shall be approved prior to the demolition. If a redevelopment plan is not approved prior to demolition, new development shall conform to the regulations for the district in which the property is located, except when the demolition involves a mobile home park and conversion to another residential use; in that situation, the redevelopment plan shall be submitted within one year of the effective date of the zoning allowing the new residential use. The term "voluntary demolition" means any demolition which is not necessary because of damage to a structure as the result of an unforeseen event (fire, hurricane, etc.) and shall include structures subject to City-initiated demolition cases;

d.

Only property that has a grandfathered use shall be the subject of an application for a redevelopment plan. No property which does not have a grandfathered use may be included in an application for a redevelopment plan;

e.

Application for a redevelopment plan for residential use on more than one lot shall be accepted only if:

(1)

The lots are contiguous;

(2)

Each lot contained grandfathered residential units;

(3)

The number of residential units proposed for each lot will not exceed the number of grandfathered residential units for each lot.

2.

Residential uses. Applications for residential uses shall include proposed redevelopment plans which shall comply with the following requirements:

a.

Landscaping shall comply with the requirements of the landscaping section;

b.

New structures shall comply with all codes relating to fire building construction standards and property maintenance;

c.

New structures and additions shall comply with the design and dimensional requirements of the zoning district in which the property is located.

3.

Nonresidential uses. Applications for nonresidential uses shall include proposed redevelopment plans which shall comply with the following requirements:

a.

The number of on-site parking spaces required shall be based on the grandfathered use and shall be increased to meet the requirement for the additional square footage of any expansion or new construction;

b.

Landscaping shall comply with the landscaping requirements of the landscaping section;

c.

New structures shall comply with all City codes relating to fire building construction standards and property maintenance;

d.

New structures and additions shall comply with the design and dimensional requirements of the zoning district in which the property is located.

D.

Procedure.

1.

Administrative approval. If the request is for redevelopment of one accessory residential unit without variances and the POD determines that the application complies with all submittal requirements and standards for review, the POD may administratively approve such application with or without conditions. The POD's final decision shall be in writing and shall state the reasons for such approval.

2.

Staff review and recommendation. If the request is for redevelopment of more than one accessory residential unit or the request includes variances, after the POD has reviewed the application, the POD shall send a report to the commission designated in the Decisions and Appeals Table, with a copy to the applicant, if any, recommending whether the application should be approved, approved with conditions or denied and the ground for such recommendation.

3.

Commission review. Upon receipt of the recommendation from the POD, the Commission shall conduct a public hearing on the application and shall approve, approve with conditions or deny the requested redevelopment plan. After considering the application and evidence, the Commission may defer action for no more than 60 days in order to obtain additional information.

E.

Standards for review. In addition to the standards of review for a zoning and planning decision generally, a decision rendered under this section shall be guided by the following factors:

1.

Criteria. Redevelopment plans shall be reviewed for compliance with the criteria set forth in the following chart:

Redevelopment Plan
Criterion	Project less than a City block	Project equal to or greater than a City block
Building type (e.g., single-family homes with garage apartments, duplexes, multifamily uses, etc.)	Structures shall be required to match the predominant building type, setbacks and scale in the block face across the street or abutting residential uses.	Structures on the perimeter of the project shall be required to match the predominant building type, setbacks and scale in the block face across the street or abutting residential uses. Structures on the interior of the project shall comply with the requirements of the zoning district.
Building setbacks (including both perimeter and interior setbacks)
Building scale (e.g., one-story or two-story principal structures)
Site development and orientation (e.g., location of buildings, front entries, driveways, parking and utility functions)	Structures shall be required to match the predominant development pattern in the block face across the street or abutting residential uses. If alley access exists on the proposed site, garages and parking areas shall be designed for alley use.	Structures on the perimeter of the project shall be required to match the predominant development pattern in the block face across the street or abutting residential uses. If alley access exists on the proposed site, garages and parking areas shall be designed for alley use. Structures on the interior of the project shall comply with requirements of the zoning district.
Additional criterion for all projects
Building mass	Building mass shall be regulated by building setbacks and floor area ratio (FAR). The maximum FAR shall be the existing FAR of the property prior to redevelopment or 0.50 FAR, whichever is greater or the FAR plus bonuses allowed in the zoning district. Bonuses to this FAR are listed below. FAR shall include all enclosed space, including garage and storage space, except that open porches (not screened) and the first 300 sq. ft. of garage space shall be excluded from the existing FAR for each unit.
Building height	Residential structures for:
	(1) A project less than a platted block, or
	(2) On the perimeter of a project equal to or greater than a platted block shall comply with the building height and roof design requirements of the zoning district:
Development across multiple lots (for redevelopment containing more than two lots and having structures constructed across platted lot lines, the original lot lines shall be respected through building articulation)	1. Structures should be separated by zoning district setbacks; however, if the structures are not separated by zoning district setbacks, there shall be a break in the building and roof planes at each original lot line, equal to or greater than the combined side yard setbacks that would be required for each lot;
	2. Both the width and depth of the break shall be equal to or greater than the dimension of the combined side yard setbacks.
Single corner lots	Structures on single corner lots shall be oriented so that the front entrance of the structure faces the legal front yard.
Traditional grid roadway network	For projects equal to or greater than a platted block, extensions of the traditional grid roadway network which:
	(1) Abut the perimeter of the project area; or
	(2) Would logically be extended through the project are required. Compliance with applicable subdivision and public improvement regulations is required.
Non-traditional roadway network	For projects equal to or greater than a platted block, roadway and pedestrian networks shall meet the following requirements:
	1. There shall be at least two points of entry into the project;
	2. Sidewalk connections shall be made to surrounding streets;
	3. Streets shall be stubbed to property lines to allow for roadway extensions into abutting properties which may be developed or anticipated to be redeveloped in the future.
Density and intensity	Redevelopment projects shall not exceed the legally grandfathered number of units or intensity of use (e.g., if the use is office it cannot change to a more intensive grandfathered use such as retail). For mobile home park redevelopment, the maximum number of dwelling units shall be equal to the number of legal mobile home unit spaces (lots) within the park prior to redevelopment, or 140 percent of the maximum density of the future land use designation assigned to the property, whichever is less. No variance from this requirement shall be approved.

 

2.

Perimeter. Perimeter requirements shall not apply on portions of the property that abut or across the street from a nonresidential use or a water body greater than 150 feet wide.

3.

Floor area ratio bonus. FAR bonuses shall only be allowed for originally platted lots which have not been joined together. Structures on joined or combined lots (two or more originally platted lots) shall not be allowed FAR bonus and shall be developed following the development across multiple lots criteria indicated in the chart above.

a.

An FAR bonus of 0.10 shall be granted when structures are located in a traditional neighborhood context and designed in a traditional building style as defined by the City's neighborhood design review manual or the Land Development Regulations. To qualify for this FAR bonus, the structure shall use the correct proportions, fenestration patterns, details, and materials. Structures that use finishes common to an identified style without proper design, detailing, and fenestration shall not qualify for this FAR bonus.

b.

An FAR bonus of 0.05 shall be granted when structures are finished with decorative wall finishes typical of traditional development. This includes clapboard or single products of real wood, "Hardi-Plank" or the equivalent, rough textured or exposed aggregate stucco, tile, brick or stone. Vinyl or aluminum siding and smooth or knock-down stucco shall not qualify for this bonus.

(Code 1992, § 16.70.040.1.15; Ord. No. 876-G, § 30, 2-21-2008; Ord. No. 100-H, § 6, 12-19-2013; Ord. No. 287-H, § 31, 7-20-2017)