Proposed Ordinance 2003-22

AN ORDINANCE OF THE CITY OF ST. AUGUSTINE, FLORIDA, AMENDING SECTION 28-119 OF THE CODE OF THE CITY OF ST. AUGUSTINE; PROVIDING FOR THE AGGREGATION OF NONCONFORMING LOTS OF RECORD IN THE RESIDENTIAL, SINGLE-FAMILY-ONE (RS-1) AND RESIDENTIAL, SINGLE-FAMILY-TWO (RS-2) ZONING DISTRICTS BASED ON PROPERTY OWNERSHIP; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF THE CITY OF ST. AUGUSTINE; AND PROVIDING AN EFFECTIVE DATE

WHEREAS, s. 163.3202(2), Florida Statutes, requires that local land development regulations shall contain specific and detailed provisions necessary or desirable to implement the adopted comprehensive plan; and

WHEREAS, s. 166041, Florida Statutes, sets forth the minimum notice procedure which constitutes a uniform method for the adoption and enact

WHEREAS, s. 166041, Florida Statutes, sets forth the minimum notice procedure which constitutes a uniform method for the adoption and enactment of municipal ordinances, and which shall be taken as cumulative to other methods now provided by law for adoption and enactment of municipal ordinances; and

WHEREAS, s. 28-119 of the Code of the City of St. Augustine provides for the development of nonconforming lots of record in the Residential, single-family-one (RS-1) and Residential, single-family-two (RS-2) zoning districts regardless of the ownership pattern; and

WHEREAS, it is the intent of this ordinance to provide for development in the Residential, single-family-one (RS-1) and Residential, single-family-two (RS-2) zoning districts in conformance with the requirements of such districts if ownership patterns allow; and

WHEREAS, the City Commission hereby determines the proposed amendment to be in the best interest of, and necessary for the protection of the public health, safety, and general welfare of the residents of this City;

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION FOR THE CITY OF ST. AUGUSTINE, FLORIDA, AS FOLLOWS:

Section 1. Amendment to Section 28-119. Section 28-119 of the Code of the City of St. Augustine, Florida, is hereby amended as follows:

"Sec. 28-119. Nonconforming lots of record.

Notwithstanding limitations imposed by the provisions of this chapter, any single lot or lots of record which were so recorded on or before the effective date of adoption of this chapter [April 29, 1975] may be used in accordance with the following:

(1) A single-family dwelling may be constructed on any such lot, lots or portion of a lot or lots which are located in a district where such use is permitted or permitted by exception, provided such lot or lots, located in the Residential, single-family-one (RS-1) and Residential, single-family-two (RS-2) zoning districts are not abutting or contiguous to another lot or lots under common ownership as of July 28, 2003. Any lot of record on July 28, 2003 which contains less land area or width than is required in RS-1 or RS-2 zoning districts may be used for the use permitted in such districts if such lot, at said time, does not adjoin other land of the same owner, at which time any adjacent lots under common ownership may be used for the purposes set forth in such districts only if said lots are consolidated as one building lot. No property, parcel or lot or combination of lots in such districts shall be subdivided, split or redeveloped into multiple parcels of lots unless each resulting parcel or lot meets all the lot requirements of said districts.

(2) A multiple-family dwelling containing not more than two dwelling units may be constructed on any lot or lots which are not less than fifty (50) feet in width, not less than five thousand (5,000) square feet in area, and located in a district where such use is permitted or permitted by exception.

(3) A multiple-family dwelling containing not more than four dwelling units may be constructed on any such lot or lots which are not less than fifty (50) feet in width, not less than seventy-five hundred (7500) square feet in area, and located in a district where such use is permitted or permitted by exception.

(4) An existing single-family dwelling constructed prior to the effective date of this chapter on a nonconforming lot of record may be converted to a duplex or to accessory apartments on any such lot or lots which are not less than fifty (50) feet in width, not less than five thousand (5,000) square feet in area, and located in a district where such use is permitted or permitted by exception.

(5) The minimum lot width requirement shall be waived by the planning and building department if the overall square footage of the nonconforming lot of record is above the minimum required for each multiple-family dwelling within the project. The intent of this section is to give the developer some flexibility in the total site plan. This section shall not apply to conforming lots of record, as described in section 28-2.

(6) The above uses are also subject to the following:

a. No side yard shall be less than ten% of the width of the lot.

b. On a corner lot, the exterior yard adjoining the secondary street shall be considered a side yard but the width of the side yard shall not be less than eight feet.

c. The front yard shall meet the requirements of the district where such use is permitted or permitted by exception unless the lot is subject to one of the conditions as specifically modified elsewhere herein (see 'yard, front,' section 28-2)."

Section 2. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, then said holding shall not be so construed as to render invalid or unconstitutional the remaining provisions of this ordinance.

Section 3. Inclusion in Code. It is the intention of the City Commission that the provisions of this ordinance shall become and be made part of the Code of the City of St. Augustine, and that the sections of this ordinance may be renumbered or relettered and the word ordinance may be changed to section, article or other such appropriate word or phrase in order to accomplish such intentions.

Section 4. Effective Date. This ordinance shall become effective ten days after passage, pursuant to s. 166.041(4), Florida Statutes.

PASSED by the City Commission of the City of St. Augustine, Florida, this _____ day of ___________________, 2003.

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ATTEST: Mayor-Commissioner

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City Clerk

Coding: Words underlined are additions; words stricken are deletions.

ment of municipal ordinances, and which shall be taken as cumulative to other methods now provided by law for adoption and enactment of municipal ordinances; and