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6Agenda Item No:6. City Commission Agenda Item Report Meeting Date: September 1, 2020 Submitted by: Thomas Pepe Submitting Department: City Attorney Item Type: Ordinance Agenda Section: Subject: An Ordinance amending the Land Development Code to support development of legally nonconforming lots of record, including amendment to Sections 20-3.5 Dimensional Requirements and 20-4.8 Nonconforming uses and structures. 3/5 1st Reading 5/5 2nd Reading (Commissioner Liebman) Suggested Action: Attachments: ORD_re_20-3.5___4.8_nonconforming_lots_1st_readjtCArevCCamend.docx 1 Ordinance No. _______________1 2 An Ordinance amending the Land Development Code to support development 3 of legally nonconforming lots of record, including amendment to Sections 20-4 3.5 Dimensional Requirements and 20-4.8 Nonconforming uses and structures.5 6 WHEREAS, the Land Development Code (LDC) regulates residential development 7 through standards for minimum lot size, lot frontage, and building setbacks, and maximum 8 building coverage and impervious coverage (described as “dimensional requirements”); 9 and10 11 WHEREAS,many legally platted residential lots do not comply with the dimensional 12 requirements for size or frontage either because the platting occurred before the adoption 13 of dimensional requirements or the dimensional requirements changed after platting 14 occurred; and15 16 WHEREAS, the LDC also controls new development on nonconforming lots; and17 18 WHEREAS, given the dimensional requirements and the provisions for 19 nonconforming lots, many legally platted lots are difficult if not impossible to develop; and 20 21 WHEREAS, the nonconforming lots, if developed, could yield increased housing 22 diversity, more affordable units, and complete the urban fabric of the neighborhoods; and23 24 WHEREAS, the City’s Comprehensive Plan includes policies about encouraging more 25 diversity in housing types and prices; and26 27 WHEREAS, after a public hearing on July 14, 2020, the Planning Board voted 28 unanimously to recommend approval of the proposed ordinance; and29 30 WHEREAS, the City Commission desires to make feasible development of single-31 family homes on small, nonconforming lots.32 33 NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION 34 OF THE CITY OF SOUTH MIAMI, FLORIDA:35 36 Section 1.The foregoing recitals are hereby ratified and incorporated by 37 reference as if fully set forth herein and as the legislative intent of this Ordinance.38 39 Section 2.Section 20-3.5E is hereby amended to read as follows:40 41 42 2 Section 20-3.5E43 DIMENSIONAL REQUIREMENTS44 SINGLE-FAMILY RESIDENTIAL DISTRICTS – ONE-STORY45 46 RS-1 RS-2 RS-3 RS-4 RS-5 Min. Lot Size Net Area (sq. ft.)40,000 15,000 10,000 6,000 6,000 Frontage (ft.)125 100 75 60 50 Min. Yard Setbacks (ft.) Frontc 50 35 25 25 25 Reard 25 25 25 25 25 Side (Interior)a, e 12.5 10 7.5 7.5b 7.5b Side (Street)25 20 20 15 15 Max. Building Height Feet 25 25 25 25 25 Max. Building Coverage (%) First Floor 20 30 30 30f 30 Max. Impervious Coverage (%)30 40 40 45g 45 a Cumulative width of both side yards shallmay not be not less than 20 percent of 47 total lot width.48 b Except that additions to existing structures may have 5 feet interior side setbacks 49 where any portion of the building already has a 5 feet setback.50 c Except that a lot of record with a depth of 90 feet or less may have a front setback 51 of 20 feet.52 d Except that a lot of record with a depth of 80 feet or less and a lot frontage of 35 53 feet or less may have a rear setback of 20 feet. A lot of record with a depth of 65 feet 54 or less may have a rear setback of 15 feet.55 e Except that a lot of record with a frontage of 40 feet or less may have a side 56 (interior) setback of 5 feet.57 f Except that a lot of record with an area 2000 square feet or less may have a 58 maximum building coverage of 50%. A lot of record with an area of 2001 to 3,00059 square feet may have a maximum building coverage of 40%.60 g Except that a lot of record with an area of 2000 square feet or less may have a 61 maximum impervious coverage of 70%. A lot of record with an area of 2001 to 3000 62 square feet may have a maximum impervious coverage of 55%. 63 64 Section 3. Section 20-3.5H is hereby amended to read as follows:65 66 Section 20-3.5H67 DIMENSIONAL REQUIREMENTS68 SINGLE-FAMILY RESIDENTIAL DISTRICTS – TWO-STORY69 70 REQUIREMENT RS-1 RS-2 RS-3 RS-4 RS-5 Min. Lot Size Net Area (sq. ft.)40000 15000 10000 6000 6000 Frontage (ft.)125 100 75 60 50 3 Min. Yard Setbacks (ft.) Frontb 50 35 25 25 25 Rearc 25 25 25 25 25 Side (Interior)a, d For structures 12’ or less in height, as measured from the first floor elevation Refer to Table 1 Portion of structure above 12’ high as measured from the first floor finished elevation. Refer to Table 1 Side (Street) – First Story 25 20 20 15 15 Side (Street) – Second Story 25 25 25 15 15 Max. Building Height Stories 2 2 2 2 2 Feet 25 25 25 25 25 Max. Building Coverage (%) First Floor Refer to Table 2 Max. Impervious Coverage (%) Refer to Table 2 Max. Floor Area Ratio (%) Second floor Refer to Table 2 a Cumulative width of both side yards shall be may not be less than 20 percent of 71 total lot width.72 b Except that a lot of record with a depth of 90 feet or less may have a front setback 73 of 20 feet.74 c Except that a lot of record with a depth of 80 feet or less and a lot frontage of 35 or 75 less may have a rear setback of 20 feet.76 d Except that a lot of record with a frontage of 40 feet or less may have a side 77 (interior) setback of 5 feet.78 79 ***80 TABLE 181 New Two-Story Single-Family Residential and82 Second Story Additions83 Minimum Setbacks Requirements84 (Interior Lot)85 86 4 Existing Lot Frontage (ft.)First Floor Interior Side Setbacka Second Floor Interior Side Setbackb Less than 40 5.0 5.0 40-44 7.55.0 7.5 45-49 7.5 9.0 50-54 7.5 10.0 55-59 7.5 11.0 *** a Except that additions to existing structures may have 5 feet interior side setbacks 87 where any portion of the building already has a 5 feet foot setback.88 b For pre-existing improved lots of record in RS-3 or RS-4 districts, that are 50 feet 89 or less in lot width, the second floor setback shall must be the same as the first floor 90 setback.91 92 * * * 93 TABLE 294 New Two-Story Single-Family Residential and Second-Story Additions95 Percentage Requirements for Maximum Building Coverage,96 Impervious Coverage and FAR97 98 Lot Size (sq. ft.)Maximum Building Coverage Maximum Impervious Coverage Maximum Floor Area Ratio 2,000 0.500 0.700 0.900 3,000 0.400 0.550 0.650 4,000 0.400 0.550 0.650 5,000 0.300 0.450 0.550 6,000 0.300 0.450 0.525 **** 99 Section 4.Section 20-4.8 is hereby amended to read as follows:100 101 ***102 (D) Nonconforming Lots of Record103 (1)Notwithstanding limitations imposed by other provisions of this Code, in In104 any district in which single-family dwellings are permitted, a single-family dwelling 105 and customary accessory buildings may be erected on any single lot of record at the 106 effective date of adoption or amendment of this Code, notwithstanding limitations 107 imposed by other provisions of this Code. This provision will apply even though 108 such lot fails to meet the requirements for area or width, or both, that are generally 109 applicable in the district, provided that yard dimensions and requirements other 110 than for area or width, or both, of the lot conform to regulations for the district in 111 which the lot is located.112 (a)Such lots must be in separate ownership and not of continuous 113 frontage with other lots in the same ownership.114 5 (b)This provision shall apply even though such lot fails to meet the 115 requirements for area or width, or both, that are generally applicable in the district, 116 provided that yard dimensions and requirements other than for area or width, or 117 both, of the lot conform to regulations for the district in which the lot is located.118 (2)In order to minimize the number of nonconforming lots, if two or more 119 adjoining vacant and platted lots and/or parcels with continuous frontage on a 120 public street in continuous ownership since the time of passage of this Code, and if 121 either or any of such lots or parcels individually is/are too small in any dimension to 122 meet the yard, width and lot area requirements of the district in which they are 123 located, then such group of lots and/or parcels shall be considered as a single lot or 124 several lots of such size as is necessary to met the minimum dimensional 125 requirement of the district.126 (a)No portion of said parcel lot shall may be used or sold in a manner 127 which diminishes compliance with lot width and area requirements established by 128 this Code.129 (b)No division of any parcel shall be made which creates a lot with width 130 or area below the requirements of this Code. No lot may be divided unless all of the 131 subdivided parts comply with the width and area requirements of this Code.132 (3)If a part of a lot is conveyed, it may not be developed unless it is a buildable 133 lot that has been created in accordance with Section 20-4.2 of this Code. A lot that 134 has not been created in accordance with Section 20-4.2 may not be developed nor 135 may it be used as part of the development of any other lot for any purpose.136 (34)If any person shall have at any time after passage of this Code created a lot or 137 parcel which fails to conform with the dimensional requirements of the district in 138 which it is located by selling part of a lot, without the approval of the City 139 Commission, such sale shallwill not have no any effect for purposes of this Code 140 and the lots and/or parcels shall still be considered as part of one (1) or more lots.141 ***142 Section 5. Corrections.Conforming language or technical scrivener-type 143 corrections may be made by the City Attorney for any conforming amendments to be 144 incorporated into the final ordinance for signature.145 146 Section 6. Codification.The provisions of this ordinance are to become and be 147 made part of the City of South Miami Code of Ordinances as amended; the sections of this 148 ordinance may be renumbered or re-lettered to accomplish such intention; and the word 149 “ordinance” may be changed to “section” or other appropriate word.150 151 152 Section 7. Severability. If any section, clause, sentence, or phrase of this ordinance 153 is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this 154 holding will not affect the validity of the remaining portions of this ordinance.155 156 Section 8. Ordinances in Conflict. All ordinances or parts of ordinances and all 157 sections and parts of sections of ordinances in direct conflict herewith are hereby repealed.158 159 6 Section 9. Effective Date.This ordinance is effective upon enactment.160 161 PASSED AND ENACTED THIS _____ day of __________, 2020.162 163 ATTEST:APPROVED:164 165 166 ________________________________________167 CITY CLERK MAYOR168 169 1st Reading170 2nd Reading171 172 READ AND APPROVED AS TO FORM,COMMISSION VOTE:173 LANGUAGE, LEGALITY AND Mayor Philips:174 EXECUTION THEREOF:Vice Mayor Welsh:175 Commissioner Gil:176 Commissioner Harris:177 Commissioner Liebman:178 ____________________179 CITY ATTORNEY180 7