The purpose this section is to encourage the retention and productive reuse of structures that have historic, architectural, or cultural value to the City instead of seeing their underutilization or demolition because their original use has become functionally obsolete.

Often, historically significant structures, especially when located within a single-family neighborhood, are abandoned or demolished because it is too difficult to meet current zoning standards and Florida Building Code requirements. This section recognizes the importance of these significant buildings and provides a process by which these buildings can be reused and retained while minimizing any secondary impacts to the surrounding properties.

This section allows flexibility in the proposed use, dimensional setbacks, design criteria and parking requirements in a way that significantly reduces the conflicts created by changing the use of an existing building.

(Code 1992, § 16.30.020.1)

This overlay district may be applied in any zoning district if:

1.

The building or structure is designated as a local or national historic landmark.

2.

The building or structure would no longer be allowed under current codes with its present use or configuration, including lot area, dimensional requirements or off-street parking requirements, and the building or structure could not easily be retrofitted to comply with the existing criteria without variances, vacating right-of-way, purchasing adjacent property, or removing portions of the existing building.

3.

The original use of the building no longer functions in the current environment or would create negative secondary impacts to the surrounding neighborhood if utilized for its original use. For example, a structure that was constructed as a single-family home but today is now located within the heart of a commercial strip may not function as a single-family home. Another example would be a school or church within a neighborhood that does not have sufficient space to provide parking which then overflows into the surrounding neighborhood.

4.

This section shall not allow the conversion of buildings to uses not allowed within the zoning district or this section.

(Code 1992, § 16.30.020.2)

A.

Minor reuse cases. If a building is being converted to a use that is allowed by right, requests permits for less than $50,000.00 worth of exterior alterations (not including restorative and deferred maintenance) or only requires variances to setbacks, parking, or landscaping requirements, the request will be reviewed by the POD. Appeal of the POD's decision may only be made by the property owner.

B.

Major reuse cases. If a building is being converted to a use that is not allowed by right but is identified within the Reuse Chart or exterior alterations exceed $50,000.00, the request will be reviewed by the Community Planning and Preservation Commission.

C.

Major reuse cases requiring a zoning change. If a use is proposed that is not allowed in the district or by the Reuse Chart, a property will need to request a rezoning. A rezoning shall not be "spot zoning" because the retention of an historic building is a substantial benefit to the public health, safety and welfare. The following additional restrictions shall apply to the property:

1.

Rezoning approval shall be tied to the existing historic structure being adaptively reused. If the structure is removed, the zoning of the property will immediately revert to the surrounding zoning district.

2.

The rezoning shall be to the least intensive district possible and conditions shall be imposed to mitigate secondary impacts to adjacent properties.

(Code 1992, § 16.30.020.3; Ord. No. 100-H, § 1, 12-19-2013)

A.

Generally. A building is encouraged to contain any use allowed by right but may convert to any of the uses which are listed in the reuse chart.

B.

Reuse chart. The following chart identifies uses which are allowed in certain districts. Uses not identified in the chart and not allowed in the zoning district are prohibited unless the property is rezoned.

Reuse Chart

(Code 1992, § 16.30.020.4; Ord. No. 545-H, § 1, 5-18-2023)

A.

Procedures. For procedures, see the application and procedures section.

B.

Standard for review. In addition to the standards of review for a variance, any variance for an adaptive reuse of an historic building shall also be guided by the following factors:

1.

Adaptive reuse projects shall provide as many required off-street parking spaces as can reasonably be provided on-site without destroying the integrity of the historic resource. Residential uses shall provide a minimum of one space per dwelling unit up to two bedrooms. Dwelling units over two bedrooms shall provide a minimum of two parking spaces.

2.

Variances to green yard and allowing stacked parking and shared or off-site parking are acceptable alternatives that may be allowed to meet the parking requirements if the lack of parking does not create adverse impacts on surrounding properties.

C.

No variances granted. No variances shall be granted for the following:

1.

Dimensional setbacks. Existing buildings are grandfathered. New construction shall comply with the applicable district regulations.

2.

Height limits. Existing buildings are grandfathered. New construction shall comply with the applicable district regulations.

3.

Floor area ratio. If the existing building uses less than the allowable FAR in the district, it may be expanded up to the allowable FAR. A building which already exceeds the allowable FAR may not be expanded.

4.

Density. Existing dwelling units are grandfathered and not subject to the minimum lot area requirement.

D.

Design. Some adaptive reuse projects may be required to obtain a Certificate of Appropriateness (COA) pursuant to those regulations.

(Code 1992, § 16.30.020.5)