§ 8.4. Nonconforming Lots of Record.
8.4.1.
A nonconforming lot of record is a lot that was lawfully created and met the zoning regulations, if any, at the time the lot was created and that does not meet the current regulations for the district, and is (1) part of a subdivision recorded in the office of the Clerk of the Circuit Court of Sarasota County, or (2) described by metes and bounds. The description of a lot of record shall have been recorded on or before November 11, 1975. A portion of a nonconforming lot of record does not have any development rights.
8.4.2.
Only one single-family detached structure may be constructed on a residentially zoned nonconforming lot of record, unless a two-family structure is allowed by Section 8.4.5. Except as expressly set forth herein, in any district, any permitted or permissible structure may be erected, expanded, or altered on any lot of record at the effective date of adoption or amendment of these zoning regulations, notwithstanding limitations imposed by other provisions of these zoning regulations. The maximum residential density, maximum lot coverage, minimum width, maximum height, and minimum yard requirements shall be as for the most similar district of the same use type (residential, commercial, industrial, etc.), to which such lot of record most closely conforms in dimension or area. Two-family or multifamily structures must meet the minimum lot area and maximum density standards for those uses in the underlying zoning district, except as provided for in Section 8.4.5.
8.4.3.
Any lot or parcel of land resulting from any division, subdivision, resubdivision, or assemblage of nonconforming lots shall comply with the zoning district minimum lot area and width standards. Except on the Barrier Islands, the combination or recombination of nonconforming lots is allowed provided there is no increase in the number of dwelling units constructed compared to the existing number of buildable lots.
On Barrier Islands, the combination or recombination of nonconforming lots is allowed only where the combination or recombination either:
a.
Complies with the zone district minimum lot area, lot width, and density standards: or
b.
Is within a Residential Estate (RE) district and reduces the number of dwelling units that may be constructed. Combinations or recombinations achieved under this Section 8.4.3.b. shall be memorialized in unity of title instruments consistent with Section 8.4.4.
8.4.4.
Unity of title shall be required for any construction or expansion where multiple nonconforming lots of record or parcels of record created through the division of land by metes and bounds are used as a single parcel for development purposes. In consideration of the County's issuance of a permit for such construction, the landowner shall agree to restrict such lots in the following manner:
a.
Said property shall be considered as one parcel of land, and no portion of that parcel of land shall be sold, transferred, devised or assigned separately, except in its entirely as one parcel of land. Any further subdivision of the parcel of land shall comply with the Sarasota County Zoning and Land Development Regulations. This condition, restriction and limitation shall be deemed a covenant running with the land, and shall remain in full force and effect and be binding upon any the landowner, any heirs and assigns.
b.
A unity of title agreement shall be recorded in the public records of Sarasota County acknowledging the above requirements and placing the required covenant upon the land. Release of any recorded unity of title agreement must be approved by Sarasota County.
8.4.5.
Density, Unit and Development Standard Requirements for Nonconforming Lots of Record Zoned RMF.
a.
Application of Regulations. The regulations below shall be the minimum or maximum limitations, as the case may be, and shall apply uniformly to each kind of structure. The following general regulations shall apply, except where expressly modified elsewhere in these zoning regulations to all nonconforming lots of record zoned RMF. Additionally, all development and redevelopment of nonconforming lots of record seaward of the Gulf Beach Setback Line shall also comply with the requirements of the Coastal Setback Code, Article 54 of the Sarasota County Code of Ordinances, and the more stringent regulations shall apply.
It is the intent of this section to clearly state that in the RMF District, the maximum gross density and proportionate unit density for two or more units in the District must be satisfied for all properties and lands in the district, including nonconforming lots of record. Specifically, a nonconforming lot of record that does not have adequate land area to satisfy the minimum area for a dwelling unit under the proportional amount necessary for a dwelling unit according to the maximum gross density allowed in the District, shall be allowed a single-family detached dwelling, only. Further, the dwelling unit(s) allowed by this section for a nonconforming lot of record on the barrier islands is assigned to the lot, only. The remedial provisions of this section only apply to each individual nonconforming lot of record.
Except as provided in this section, a nonconforming lot of record must have sufficient land area to accommodate two dwelling units according to the maximum gross density allowed in the District to qualify for a two-family structure.
For purposes of this section, a nonconforming lot of record is a platted lot, as platted on a recorded subdivision plat or a parcel described with a metes and bounds legal description, that met the zoning regulations, if any, at the time the lot was created and that does not meet the current regulations for minimum land area for the zoning district. Lots or parcels that do not have minimum land area due to a reduction in lot area due to a dedication or condemnation by a government agency for right-of-way qualify as a nonconforming lot of record under this section.
Additionally, any reference to a two-family structure shall mean a two-family housing type as defined in Section 6.
b.
Permitted Housing Types.
1.
Single-family detached structures are permitted on mainland and barrier island nonconforming lots of record zoned RMF.
2.
A two-family structure shall only be permitted on a nonconforming lot of record on a barrier island if the nonconforming lot of record has enough land area for two or more units according to the maximum density of the district. For example, a two-family structure shall only be allowed on a nonconforming lot of record in the RMF-1 district if the lot has a lot area of at least 14,520 square feet.
3.
Two-family structures are permitted on mainland nonconforming lots of record zoned RMF with a minimum lot area of 5,000 square feet.
4.
Dwelling units permitted by this section are only permitted on and associated with the nonconforming lot of record. The dwelling unit allowed by subsection 1 for a platted lot of record on the barrier islands shall be associated with the platted lot of record only.
c.
Prohibited Uses and Structures.
1.
Mainland Lots:
a.
Two-family structures on nonconforming lots of record with an area of less than 5,000 square feet (unless the lot conforms to the existing RMF zoning district gross maximum density requirements) that are vacant or have an existing single-family detached structure as of April 25, 2007; and
b.
Any other housing type not specifically listed above in Section 8.4.5.b.
2.
Barrier Island Lots:
a.
Two-family structures on nonconforming lots of record that are vacant or have an existing single-family detached structure as of April 25, 2007, with areas less than indicated below:
RMF-1: 14,520 square feet.
RMF-2: 9,680 square feet.
RMF-3: 6700 square feet.b.
Any other housing type not specifically listed above in Section 8.4.5.b.
d.
Nonconforming Residential Density.
1.
Where nonconforming lots of record contain lawfully permitted two-family or multifamily structures on April 25, 2007, but the density of such structures exceed the density allowed by these zoning regulations, redevelopment of a single-family detached or one two-family structure is permitted on such lots, but only in accordance with the provisions in this section. The provisions in this section may not be utilized to convert certified short-term room rentals to dwelling units so as to create or add dwelling units for purposes of density or redevelopment.
Parcels containing either a two-family or multifamily structure (or any other combination of structures totaling two or more dwelling units) may voluntarily destroy and reconstruct one single-family detached structure or one two-family structure per platted nonconforming lot of record. All reconstruction of a two-family structure shall be consistent with the requirements in this section. The development standards in Section 8.4.5 shall apply when a two-family or multifamily structure is voluntarily destroyed and the lot is redeveloped with a single-family or two-family structure.
2.
For the purpose of this section, an existing two-family structure on any nonconforming lot of record zoned RMF shall be a lawful density under these Zoning Regulations even if the gross density would exceed the maximum gross density zoning district requirements existing as of March 13, 1989.
3.
This exception shall apply only for redevelopment on an entire platted lot as platted and shall not apply with any combination, recombination or assembly of the platted lot with any other land.
e.
Minimum Lot and Yard Requirements.
1.
The following requirements apply to all single-family detached and two-family structures constructed after April 25, 2007, under this section:
Single-Family Detached and Two-Family Structure Standards Mainland Barrier Islands Yards (minimum feet) Street Yard 20 20 Rear Yard 10 10 Waterfront Yard 20/30† 20/30† Lot Width Minimum Side Yard Under 60 feet 7-foot minimum, total of 15 feet for sum of both sides 60 feet 7-foot minimum, total of 16 feet for sum of both sides 61 feet 7-foot minimum, total of 17 feet for sum of both sides Over 61 feet 8-foot minimum, total of 18 feet for sum of both sides or the minimum side yard setback as required by the underlying district, whichever is less. *
See Section 8.4.5.b and 8.4.5.c.
†
Intracoastal waterway and bays — 30 feet
All other waterfront yards — 20 feet
f.
Maximum Building Coverage.
1.
The maximum building coverage for a single-family structure shall be 35 percent of the area of the lot.
2.
The maximum building coverage for a two-family structure shall be 25 percent of the area of the lot.
g.
Maximum Impervious Coverage on a Lot. The maximum impervious coverage shall be 50 percent of the area of a lot or parcel. For the purpose of this section, impervious coverage shall include roof structures, swimming pools and pool decks, as well as concrete, asphalt, pavers and other surfaces that substantially prevent water from penetrating into the ground. This does not include grass, shell or other surfaces that allow water to substantially penetrate into the ground.
h.
Maximum Height of Structure.
1.
The maximum height of a single-family structure shall not exceed 35 feet and shall be measured from the established minimum floor elevation including structures utilizing in-structure parking.
2.
The maximum height of a two-family structure shall not exceed 30 feet and shall be measured from the established minimum floor elevation including structures utilizing in-structure parking.
Height shall be measured using the methods found in Section 6.2.2., Daylight Plane, and Section 6.2.4 and the exceptions and restrictions contained therein also apply.
8.4.6.
Lots of Record Zoned RSF. Lots of record in the RSF Districts that: 1) were created before January 1, 2015, 2) were described by metes and bounds, 3) meet the applicable lot width and lot area standards, 4) are not on the barrier islands, and 5) do not exceed the allowable density under the Comprehensive Plan, shall not be treated as nonconforming or unlawful solely because they do not meet the density limitations in Section 6.5.2.
8.4.7.
Special Requirements in the Siesta Key Overlay District (SKOD). The Siesta Key Overlay District contains special requirements for nonconforming lots of record in Sections 4.10.4. and 8.4.5.
(Ord. No. 2004-054, § 48, 10-27-2004; Ord. No. 2006-050, § 7, 7-10-2007; Ord. No. 2008-005, § 27, 12-9-2008; Ord. No. 2015-007, § 1, 5-6-2015; Ord. No. 2015-086, § 2, 2-10-2016)