HomeMy WebLinkAboutNonconforming Structure DefinitionsSt. Lucie County, FL Land DeVi4ppment Code Page 1 of 1
10.00.03. - Nonconforming Structures.
A. Authority to Continue. A nonconforming structure devoted to a use permitted in
the zoning district in which it is located may be continued in accordance with the
provisions of this Code.
B. Ordinary Repairand Maintenance. Normal maintenance and repair of
nonconforming structures may be performed.
C. Expansions. Any expansion of a nonconforming structure shall be in conformance
with the provisions of this Code. This shall not prevent expansion as long as the
nonconformity is not increased. In the event that a structure is nonconforming due
to the fact that there is encroachment into a required minimum yard, as defined in
Section 7.04.00, expansion of the structure shall be allowed into that minimum
yard. However, no such expansion shall be allowed if it results in a greater
dimensional nonconformity than that which previously existed.
D. Relocation. A nonconforming structure that is moved shall thereafter conform to
the regulations of the zoning district in which it is located after such move.
E. Termination Upon Damage or Destruction.
1. Any part of a nonconforming structure that is damaged or destroyed to the
extent of fifty percent (50%) or more of the assessed value of said structure
shall not be restored unless that part conforms to the provisions of this Code.
2 I . Lu�'`c1TC t a po r n thereof t d l c c'saste ea y the
Goveraa�oof t�e�St-te�iv&Wlorida or the President of the United States, as a
result of a hurricane, tornado, flood, or other similar act of God, then the
provisions of Section 10.00.03 shall be hereby modified to allow within thp.
declared disaster area the re lacement or reconstruction of structure
V-eA\Xtf1UvS '— acra n�Qf t- e�ari:ginLq]Aeyani ar , except that the any replacement
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VY construction must comply with the applicable provisions of Section 6.05.00
cam.
and Section 13.00.00 of this Code, provided, this modification to county
regulations to allow the replacement or reconstruction of nonconforming
structures shall not effect the application and enforcement of state or federal
laws and agency regulations regarding replacement or reconstruction of
nonconforming structures.
about:blank 4/17/2018
Lydia Galbraith
From: Benjamin Balcer
Sent: Thursday, April 19, 2018 9:14 AM
To: Lydia Galbraith; Jennifer McGee
Cc: Aimee Cooper; Amy Griffin; Lynn Swartzel; Jill Arnold; Monica Graziani; Mayte Santamaria
Subject: RE: 1804-0329, 3409-705-0006-0000
Lydia,
ERD is cognizant that 10.00.03.E.2 would allow the owner to rebuild their nonconforming structure within the same footprint as before. The proposed location
of the new structure improves the nonconformity, giving us the rationalization to support the location shown in the building permit application.
Please let me know if there is anything you need from us.
Thanks,
Ben Balcer
Environmental Regulations Manager
Environmental Resources Department 12300 Virginia Ave I Ft Pierce, FL 34982
Office: 772.462.2866 1 Fax: 772.462.1684 1 ERD Webeite
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St. Lucie County Environmental Resources is committed to great service and yourfeedback Is vital.
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From: Lydia Galbraith
Sent: Wednesday, April 18, 20181:27 PM
To: Jennifer McGee <McGeeJ@stlucieco.org>; Benjamin Balcer <BalcerB@stlucieco.org>
Cc: Aimee Cooper <CooperA@stlucieco.org>; Amy Griffin <griffina@stlucieco.org>; Lynn Swartzel <swartzell@stlucieco.org>; Jill Arnold <arnoldj@stlucieco.org>;
Monica Graziani <GrazianiM@stlucieco.org>; Mayte Santamaria <santamariam@stlucieco.org>
Subject: RE: 1804-0329, 3409-705-0006-0000
Jennifer,
icial informed us that the State was declared disaster. The building was a non -conforming structure.
The flooding was result of Irma last year. The Building Off
ed more than 50% and could not be rebuild. Based on 10.00.03 (E-1) they could only rebuild if they
The Building official determined the structure was damag
were meeting setback. However, since the State was declared a disaster area 10.00.03 (E-2) allows them to build on or in the location of the original foundation
and therefor rebuild the non -conformity. Proposed structure is on top of old foot print, but not exactly the same. However, they are decreasing the non
conformity on all sides and the new structure is 376 sf smaller than original. I have discussed the per
with Monica Graziani and Mayte Santamaria and after
reviewing the documents and discussing 10.00.03 it was determined that they are meeting this section of the code and therefor can rebuild at the location as
proposed. See attached overlay orange old foot print, green new.
Please see if your Department can agree with this section of the code and determination as well.
Thank you,
Lydia yatbraitfi
Zoning Specialist
Building and Code Regulation
(772)462-1555
galbraithl @stlucieco.ore
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- S 1
'gyp aces
From: Jennifer McGee
Sent: Tuesday, April 17, 2018 3:05 PM
To: Lydia Galbraith <Ralbraithl@stlucieco.orR>; Benjamin Balcer <BalcerB2;tlucIeCO.0r9>
Cc: Aimee Cooper <C000erA@stlucieco.ore>; Amy Griffin <g_dffina@stlucieco.ore>; Lynn Swartzel <swartzell@stlucieco.org>; Jill Arnold <arnolcljgstlucieco.ore>
Subject: RE: 1804-0329, 3409-705-0006-0000
Lydia,
Is the proposed new footprint exactly the same as the previous house? Are we this was the result of a declared disaster? Perhaps we should have legal weigh
in...
Thanks,
Jenn
�}drmi/er Stcjec, PWS
Senior Environmental Planner