07/10/2012 (4) - Laserfiche WebLink

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Chapter 904 • Cleans up the wording related to additions and redevelopment of properties with non-conformities. ▪ Addresses non-conformities created or increased through right-of-way acquisition by codifying the existing practice of deeming a post-acquisition site a legal non-conformity by a letter from the Community Development Director or his designee. Also creates a process and criteria for approving"cure plans"which mitigate the impacts of acquisition and authorize non-conformities that may result on commercial and multi-family sites. • Updates the County's long-standing"50%rule"for repairing non-conforming structures by using terms and criteria consistent with current FEMA rules and building code regulations. • Establishes a timeframe after a declared disaster for re-building in a pre-disaster location that was non-conforming(e.g. had non-conforming setbacks). • Adds a provision consistent with Coastal Management Element Policy 7.3, which states the following: "Following a natural disaster,principal structures and uses located east of the County's Dune Stabilization Setback Line(DSSL)which sustain greater than 50 percent of MAI(Member of Appraisal Institute) assessed current market value damage from a naturally occurring storm shall be required to relocate upland of their location and, when possible,west of the DSSL. Prior to reconstruction, principal structures east of the 1987 State Coastal Construction Control Line (CCCL)exhibiting damage from a naturally occurring storm event,greater than 50 percent of MAI assessed market value, shall be required to obtain all applicable permits and comply with all applicable building codes concerning coastal construction. " • Codifies the BCC policy to allow post-disaster replacement of non-conforming residential mobile homes destroyed during a declared disaster. • Clarifies that the one year cessation of a non-conformity rule applies when use of a non-conformity ceases in its entirety. • Adds a criterion that failure to maintain all required local, state, and federal licenses may be considered as one factor, but not a conclusive factor, when determining whether or not a non- conforming use has ceased for one year or more. • Specifies that a cessation of use due to damage from a declared disaster tolls the one year cessation period. • Adds a requirement for staff to notify adjacent property owners of any written community development director determination regarding continuation of a non-residential non- conforming use located in a residentially designated area, consistent with Future Land Use Element Policy 10.3, which states the following: "The county shall provide courtesy notification to adjacent property owners regarding staff determinations involving existing nonconforming non-residential uses." A11C' M ' 2 F:\Comniunity Development\Users\CurDev\BCC120I2 BCC\summaryoILDRs.doc 2 5