HomeMy WebLinkAboutLetter; Multiple NCLR in Single OwnershipPlanning and Development
Services .De.partment
Planning Division
M"EMDR* NDUM
TO: Leslie Olson, AICP, Director of Planning &' Development Services
FROM: Mayte Santamaria, Assistant Director of. Planning & Development Servicek-04
DATE: April 17, 2018
SUBJECT: Multiple Nonconforming Lots of Record in Single Ownership:on July 1, 1984
Discussion Item:
Can an applicant move forward with a development proposal on a nonconforming lot of record', provided the
nonconformity is not further expanded or extended?
Analysis:
The Comprehensive Plan (CP) and Land Development Code (LDC) provide for eliminating or reducing the
frequency of uses which are inconsistent with the applicable provisions of -the land developmenf code and
limiting the continued existence of -uses, lots, signs; and structures established prior to the effective date of
the LDC. Specifically, the County LDC provides for'the regulation.of lots established prior to the effective
date of the LDC, .with specific requirements regarding lots which were contiguous to other lots -and under
single ownership on July 1, 1.984..
A discussion item has been initiated'iegarding an applicants' ability to move forward with a development
proposal -on nonconforming -lot of records; previously.in single ownership in 1984, provided the intent of the
LDC is maintained by not further expanding or extending the nonconformity.
The nonconforming lots of record under discussion are those parcels. wlikh were iri-single ownership 'in"1984
and which did not -meet. the. requirements established. for lot width, lot.area or frontage. In many instances,
these lots may have been involved- in numerous real estate transactions in the past 30+ years. Based on the
LDC, these .properties are by regulation considered an undivided: parcel, because the subject property had
been, at one time, under common ownership with the adjacent property. The current purchaser/owner is
typically unaware that the property is noneonfonning.nor the -ownership status -in 1984.
ST. LUCIE ;�
r
Ontion for the Planning Director's Policy Interpretation:
Allow a development proposal application to proceed- by merging/unifying nonconforming lots of record
with another- contiguous lot to address the intent of the CP and LDC of not expanding or extending the
nonconformity and maintaining the same total number of units/uses as previously permitted.
Under this option, a unity of title to merge the lots and a deed restriction limiting the future subdivision of
the parcel is recommended to ensure that no portion of the parcel shall be used, altered or sold in a manner
which creates a new nonconformity by allowing greater number of units/uses than previously permitted.
Examnlc•
Eight lots consisting of three (3) lots of record -existing on July 1, 1984, under single ownership which did
not meet the requirements for either lot width, area or frontage (see three parcels with a diagonal line and
shaded green). The three lots of record are nonconforming lots of record and are considered an undivided
parcel -based on the LDC.
Under this example, a total of six dwelling units are permitted on the eight lots. The ability to develop six
units implements the intent of the LDC to -allow the development of a principal permitted structure and
customary accessory building, based on the nonconformity created in-1984 and not further expand the
nonconformity.
Vacant
V nt
ZVdnt
Developed
1du
ldu
Developed
Developed
V nt
Developed
1 du
Idu
1du
Based on the literal text of Code, to develop a unit on the nonconforming lot of record, all three of the
nonconforming lots of records must currently .be re=aggregated and under the same ownership (i.e. re=
acquisition of all .three parcels).
Vacant Vacant Developed
Idu ldu Ida
Developed Developed Developed
Ida- ldu 1du
Allowing a development proposal application to proceed by merging/unifying a nonconforming lot of record
with another contiguous lot (nonconforming or otherwise) and -not exceed the total -units previously permitted
Page 2 of 6
to be developed (G twits in this example), maintains the intent of the LDC and provides some flexibility to a
property owner with the ability to unify parcels and not farther expand or extend the nonconformity.
Stated in another format, as long as same number of total uses or units is maintained and the ability -to develop
additional units/uses is not created, then -the configuration of the lot:lines is not -at issue.
See possible scenarios that maintain the six total dwelling units in this example:
1
2
3
lilt
1
5
2
3
4
G
1
2
3.
4
�.. _
' S: I;'�I'ii�j=l'IIIBC
III
..
G
.°'.:•; ,A
III.' -,;•,.Il!III'1I1I,I
1
2
3
4
5
G
a
5
6
Page 3 of 6
Relevant Comprehensive Plan and Land Development Code provisions:
Comprehensive Plan
Objective 1.1.14. St. Lucie County shall eliminate or reduce land uses inconsistent with the provisions of the
Comprehensive Plan unless otherwise referenced through the vesting of development rights.
Policy L 1,14.1- St. Lucie County shall continue to implement a program to provide for the recapturing of previously
approved development authorizations that have. not been permitted far construction, excluding those development
units or lots recognized as existing lots of record asJurther described in the Land Developrttent Cotle.
Land Development Code
1.02.01. - General Purpose of Policies.
The St, Lucie County Land Development Code is related to, based on, consistent with, and adopted to effectuate and
implement the policies of the St. Lucie County Comprehensive Plan pursuant to F.S. § 163.3201. in order to preserve,
protect, and improve the public health, safety; comfort, good order, appearance, convenience, and general welfare;
encourage the most appropriate use of laird, water, and resources; preserve and enhance the value of land and the
character and stability of residential, agricultural, commercial, and industrial areas; facilitate the adequate and
efficient provision of transportation, water, sewage, schools, parks, recreational facilities, housing, and other
services; and to conserve, develop, utilize, and protect the nantral resources within the County. Nothing in this Code
shall deny, restrict or abridge, or otherwise infringe the right of individuals peaceably to assemble in any private
residence provided that such activity does not otherwise violate applicable district regulations.
1.03.01. - General Applicallort.
This Code shall apply to all siruclttres and the use of land throughout the unincorporated area of St. Lucie County,
Florida. l;.vist ing structures and uses that are inconsistent with the provisions of the Code shall be permitted only as
pravided for in Chapter.X of this Code. All applications filed pursuant to this Code shall be required to meet the
requirements of this Code which are in effect or the date offinal decision -on the application. -
1.04.01. --Findings of Fact.
A. F.S. Ch. 163 requires St. Lucie County to enact land development regulations that implement and are consistent
with the St. Lucie County Comprehensive Plan.
B. Controlling the location, design and construction of development within the unincorporated -area of St. Lucie
County is necessary to maintain and improve the quality of life In the County and to protect the health, safety, and
welfare of its citizens.
C. The requirements and standards of this Code for transportation facilities are necessaryfor the public benefit of
safe travel because the number of accidents resulting in property damage and injtny increases as congestion
increases on roads and that the fire, rescue,' and law enforcement response tines and disaster evacuation tunes
increase as congestion increases on roads.
D. The standards and requirements of this Code for facilities for potable water, sanitary sewer, solid waste, and
storanaater management are necessary for the health, safely and welfare of the citizens or Sr. Lucie County and the
protection of the environmeni and natural resources of St. Lucie County,
E. The standards rind requirements of this Code for parks tire necessary for the health, sc fety, welfare and et;joyment
of the citizens of St. Lucie County.
F. The standards and requirements of this Code relating to the prevention of airspace obstructions hazardous to air
navigation are necessary in the interest of prtblic health, public safety and general welfare.
G. F.S. § 163.3177, provides that public facilities and services needed to support development must be available
concurrent with the impacts ofsuch development,
H. F.S. § 163.3202, provides that not -later than one (1) year after its due date established by the Slate land planning
agency's rule for submission of local Comprehensive Plans, a local government shall not issue a development order
orpermit which results In a redaction in the level ofservice for the affected public facilities below the level ofservice
established in the Comprehensive Plan.
Lot: A parcel of land occupied or intended for occupancy by a use that includes or will include at least one (1)
structure together with any accessary structure, yard open space, btiftr area, or parking spaces required by this
Code.
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Lot of Record: As used in this Code, a lot of record shall mean:
I Any contiguous quantity of land that is part of an approved subdivision recorded in the Off ee of the Clerk of
the Circuit Court; or
2 Any contiguous quantity of land which is capable of being described with such defnitiveness that its location
and boundaries are established, and which has been so recorded in the public records in the Of ee of the
Clerk of the Circuit Court prior to January 9, 1990, unless otherwise considered to be a nonconforming lot
of record as described in Section 10.00.04 of this Code; or
3 Any contiguous quantity of land which is the subject of an agreement for deed or other instrument of conveyance
properly executed prior to January 9, 1990, and which describes the parcel with such definitiveness that its
location and boundaries are established and recognized by Florida Law, unless otherwise considered io be a
nonconforming lot of record as described in Section 10.00.04 of this Code.
10.00.01. - Purpose.
The purpose of this Section is to regulate and limit the continued existence of uses, lots, signs, and structures established
prior to the effective dale of this Code that do not conform to the provisions of this Code. Nonconformities may continue,
but the provisions of this Section are intended to curtail substantial investment in nonconfornrities and to bring about
their eventual ellmination, when -appropriate, in order to preserve the integrity of the zoning district.
10.00.02. - Nonconfornnhng Uses.
A. Authority to .Contnue. Nonconforming uses of land and nonconforming uses of structures may continue in
accordance with the provisions of this Section.
B. Ordinaty Repair and A6intenance. Normal maintenance and repair of nonconforming uses Wray be performed
C. Expansions, Nonconforming uses shall not be expanded This prohibition shall be construed so as to pi -event -the:
1. Enlargement of nonconforming uses by additions to the structure in which such nonconforming uses are
located, including enlargement of a conforming structure in which a nonconforming use is located, or
2. Occupancy of additional land, unless the provisions of this Code are met.
D. Relocation. The structure housing a nonconforming use may not be moved unless the use shall thereafter conform
to the limitations of the zoning district into which it is moved.
F- Change in Use. A nonconforming use shall not be changed to any other use unless such use conforms to the
provisions of this Code, except in accordance with the procedure set forth in this paragraph. A change to another
nonconforming use shall bepermitted if and only if the proposed nonconforming use would not result lit a requirement
for additional parking over that required for existing nonconforming use, and !it addition, the Board of County
Commissioners_
1. Determines that the proposednonconforming use is equally or more appropriate to the district and the specific
property involved than the existing nonconforming terse;
2. Determines that any adverse effect of the proposed nonconforming use hrpon neighboring properties and
residents will not be greater than that created by the existing nonconforming use; and
3. Requires that the applicant meet appropriate conditions, limitations, and requirements as are necessary to
prevent or minimize adverse effects on neighboring properties and residents.
F. ' Termination.
1. Abandonment or Discontinuance. When a nonconforming use is discontinued or abandoned for twelve (12)
months, then the nonconforming use may not be restored, unless the nonuse is due to circumstances beyond the
property owners's control.
2. Damage or Destruction. If a structure housing a nonconforming use is damaged or destroyed by ff y percent
(50%) or more of the assessed value of the soufaure, then the nonconforming use of the structure may not be
restores!
10.00.04. -,Nonconforming Lots of Record,
A. Lots of Record Created Prior to July 1, 1984.
1. In any district, principal perntittr,,d structures and customary accessory buildings may be erected on any single
lot ofrecord existing before July 1, 1984, nonvithstanding limitations imposed by other provisions of this Code.
Such lot must be in separate ownership and not contiguous to other lots in the same ownership. This provision
shall apply evert though such lot fails to meet the requiremenis for area,, or width, or f -ontage or any combination
of the three (3) that are generally applicable in the district, provided that yard dimensions and requirements
Page 5 of 6
other than those applying to area, or width, or fr-onlage of the !tit shall conform to the regnlatioins for the•rlistrict
in which such lot is located. Variance of yard dimensions and regnlrements other than those applying to area,
width, and frontage shall be obtained only through action of the Board of Ad ustment. /f however, the lot has no
fi-cartage as defined in Chapter 11, then proof of recorded legal ingress and egress acceptable to the Counly
Attorney innsl be furnished before a building permit wl/l be issned except for nonresidential accessory strndnres
in AR -I,, AG-1, AG-2.5 and AG-5 zoning. districts.
2. /f two (2) or more lots -or combinations of lots and portions of lots which are contiguous to other lots ►vere of
single ownership and were of record on July 1, 1984, and if all or part of the lots do nol ineel the requirements
established far lot width and area'or frontage, the lands involved shall be considered to be an undivided parcel
for the proposes of this Code provided however, that lots separated by a n ingresslegress, access or roadway
easement that was of record on Jrdy 1, 1984, but specif cally excluding any easement limited to ritilitles, drainage
or other non -access propose, shall not be considered.an undivided parcel for the pill -pose of this section.
B. Lots of Record Created Belween July 1, 1984 and January% 9, 1990.
1. In any district, principal permitted strirctra,es and cuslonnarT accessory buildings may be erected on any single lot
Of record created in accordance with the requirements of the St. Lucie Couinly Zoning Ordinance beliveen. July 1,
1984,-and Janum), 9, 1990, notivithslanding limitations imposed by other provisions of this Code.
Planning Director's Internretation of the Intent of the Code and Policy Direction:
Allow a development proposal application to proceed by merging/unifying nonconforming lots of record
with another contiguous lot to address the intent of the CP and LDC of not expanding or extending the
nonconformity and maintaining the same total number of units/uses as -previously permitted, -
A unity of title to merge the lots and a deed restriction limiting the future subdivision of the parcel will be
required.'This will ensure that no portion of the parcel shall be used, altered or sold in a manner which create
a new nonconformity by:allowing greater number of units/uses than previously permitted.
Leslie Olson, AIPP
Director of Plan ing and Development Services
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