§ 8.6. Nonconforming Site Features.

A.

Purpose. The purpose of this section is to provide a means whereby the City may require certain nonconforming site features to be brought into compliance with the standards of this Code as part of remodeling or expansion of a structure.

B.

Applicability.

1.

For purposes of this section, the term "nonconforming site features" includes the following:

a.

Nonconforming off-street parking;

b.

Nonconforming landscaping;

c.

Nonconforming perimeter buffers; and

d.

Nonconforming screening walls or fences.

2.

If an application is filed for a Building Permit for the remodeling or expansion of a structure other than a single-family dwelling and the development site contains one or more nonconforming site features identified in paragraph 1 above, and the value of the proposed improvements totals at least 25 percent of the assessed value of the existing structure, the applicant shall be required to address the nonconforming site feature as provided in this section.

3.

City staff may develop administrative guidelines to assist in the implementation of this section, including guidelines for the resolution of conflicts when it may not be possible for one or more types of nonconforming site features to be brought into compliance with the requirements of this Code because of particular site constraints or impacts on adjacent sites.

C.

Interior and Exterior Remodeling of Structures.

1.

Remodeling Costing 25 Percent or Less of Structure Value. Remodeling of a structure in any continuous five-year period that costs 25 percent or less of the current assessed value of the structure shall not require any upgrading of the nonconforming site features identified in Section 8.6.B.1.

2.

Remodeling Costing between 25 and 75 Percent of Structure Value. Remodeling of a structure in any continuous five-year period that costs more than 25 percent, but less than 75 percent, of the current assessed value of the structure shall require nonconforming site features identified in Section 8.6.B.1 to be upgraded towards compliance with the standards of this Code by a corresponding percentage of full compliance, up to achievement of 100 percent compliance.

Example: Under this Code's minimum off-street parking space standards, an existing building, if built today, would be required to provide at least 40 off-street parking spaces, but the building site only includes 20 spaces. If the building is remodeled such that the cost of remodeling equals 30 percent of the building's assessed value, the remodeling project must add 12 parking spaces (30% x 40 required spaces). This increases the development's degree of compliance with off-street parking standards from 50 percent (20 of 40 required spaces) to 80 percent (32 of 40 required spaces). A subsequent remodeling whose cost also equals 30 percent of building value might seem to call for the addition of another 12 spaces (30% x 40 required spaces), but actually only 8 new spaces would be required to achieve 100% compliance (32 + 8 = 40 spaces).

3.

Remodeling Costing 75 Percent or More of Structure Value. Remodeling of a structure in any continuous five-year period that costs 75 percent or more of the current assessed value of the structure shall require all nonconforming site features identified in Section 8.6.B.1 to be upgraded to achieve 100 percent compliance with the standards of this Code.

4.

When Two or Fewer Parking Spaces Required. When this subsection calls for a remodeling project to install two or fewer additional off-street parking spaces, such additional off-street parking is not required to be installed.

5.

Determination of Building Cost and Structure Value. For purposes of determining if upgrading of nonconforming site features is required by this subsection, the cost of the remodeling shall be as shown on the approved Building Permit application. Assessed value shall be based on the most recently available Volusia County tax rolls.

D.

Additions and Expansions.

1.

Additions and Expansions Less than 15 Percent. Additions or expansions to a structure or use area in any continuous five-year period that increase the gross square footage of the structure or use area (measured at the beginning of the five-year period) by 15 percent or less shall not require any upgrading of the nonconforming site features identified in Section 8.6.B.1.

2.

Additions and Expansions between 15 and 50 Percent. Additions or expansions to a structure or use area in any continuous five-year period that increase the gross square footage of the structure or use area (measured at the beginning of the five-year period) by more than 15 percent but no more than 50 percent shall require nonconforming site features identified in Section 8.6.B.1 to be installed or upgraded towards compliance with the standards of this Code by a corresponding percentage of full compliance, up to achievement of 100 percent compliance.

Example: Under this Code's minimum off-street parking space standards, an existing building, if built today, would be required to provide at least 40 parking spaces, but the site only contains 20 spaces. If the building is expanded by 30 percent of its gross floor area, the expansion project must add 12 parking spaces (30% x 40 required spaces), increasing compliance from 50 percent (20 of 40 required spaces) to 80 percent (32 of 40 required spaces). A subsequent addition whose size also equals 30 percent of existing building size might seem to call for addition of another 12 spaces (30% x 40 required spaces), but actually only 8 new spaces would be required to achieve 100% compliance (32 + 8 = 40 spaces).

3.

Additions and Expansions Greater than 50 Percent. Additions or expansions to a structure or use area in any continuous five-year period that increase the gross square footage of the structure or use area (measured at the beginning of the five-year period) by more than 50 percent shall require all nonconforming site features identified in Section 8.6.B.1 to be installed or upgraded to achieve 100 percent compliance with the standards of this Code.

4.

Additions and Expansions of Outdoor Use Areas Only. When only outdoor operations, storage, and display areas are being added or expanded on a site, the percentage increase in the gross square footage of the outdoor operations, storage, and display areas shall require perimeter buffers and screening to be installed or upgraded towards compliance with the standards of this Code by a corresponding percentage of full compliance. The increased perimeter buffer and screening shall be located so as to achieve the performance objectives in Section 6.6, Perimeter Buffers, with priority given to screening the impacts of outdoor operations.

E.

Compliance to Maximum Extent Practicable on Constrained Properties. Where City staff determines that full compliance with the requirements of this section is precluded by a lack of sufficient developable area due to the size of the lot, the layout of existing development, or the presence of significant wetlands, floodplains, watercourses, or other significant environmental constraints on development, the applicant shall comply with the requirements of this section to the maximum extent practicable, as determined by City staff.