04-21-2025 - Agenda Packet Planning Commission - Packet

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Created: 2025-02-26 08:25:11 [EST] (Supp. No. 21) Page 3 of 6 b. Expansion of residential accessory structures. Lawful, nonconforming residential accessory buildings may be expanded provided: 1. That the expansion does not occupy any space within a non-conforming area that was previously not occupied either vertically or horizontally, and complies with all height, setback, and hardcover and lot coverage requirements of the district in which it is located. 2. That if the accessory structure is nonconforming only with respect to substandard lot area or width for the district in which it is located, the expansion shall meet all height, setback, hardcover and lot coverage requirements of the district in which it is located. 3. That in cases where an accessory structure encroaches upon the lot line setback, the city will require at a minimum that the existing accessory structure shall be modified so that it becomes completely conforming with respect to setbacks. (4) Relocation. No nonconforming structure shall be moved to another lot or to any other part of the parcel of land upon which the same was constructed at the time of this section's adoption unless such movement shall bring the nonconformance into compliance with the requirements of the Zoning Code. (5) Prior permit. Any proposed structure which will, under this section, become nonconforming but for which a building permit has been lawfully granted not more than six months prior to the effective date of this section, may be completed in accordance with the approved plans; provided construction is started within six months of the effective date of this section, and continues to completion within two years. Such structure shall thereafter be a legally existing nonconforming structure. Sec. 78-1125. Standards for flood fringe permitted uses. (a) All structures, including accessory structures, must be elevated on fill so that the lowest floor, as defined, is at or above the regulatory flood protection elevation. The finished fill elevation for structures must be no lower than one foot below the regulatory flood protection elevation and the fill must extend at the same elevation at least 15 feet beyond the outside limits of the structure. (b) Accessory structures. As an alternative to the fill requirements of section 78-1125(a), structures accessory to the uses identified in section 78-1124 may be permitted to be internally/wet floodproofed to the FP3 or FP4 floodproofing classifications in the state building code, provided that: (1) the accessory structure constitutes a minimal investment, does not exceed 576 square feet in size, and is only used for parking and storage. (2) All portions of floodproofed accessory structures below the regulatory flood protection elevation must be: (i) adequately anchored to prevent flotation, collapse or lateral movement and designed to equalize hydrostatic flood forces on exterior walls, (ii) be constructed with materials resistant to flood damage, and (iii) must have all service utilities be water-tight or elevated to above the regulatory flood protection elevation (3) Designs for meeting this requirement must either be certified by a registered professional engineer or meet or exceed the following criteria: a. To allow for the equalization of hydrostatic pressure, there must be a minimum of two "automatic" openings in the outside walls of the structure, with a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; and b. There must be openings on at least two sides of the structure and the bottom of all openings must be no higher than one foot above the lowest adjacent grade to the structure. Using human 109