Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Nonconforming Use topic
No spam. Unsubscribe anytime.
Madeira Beach staff propose changes to nonconforming-use rules, extend rebuilding deadlines for storm-damaged properties
Summary
Staff proposed changes to nonconforming-use code to avoid stripping owners of development rights for lack of a business tax receipt, recommended a zoning-verification letter option, and proposed extending the deadline to obtain permits after storm damage (proposed to 36 months); staff said it mailed notices to about 500 properties affected by storm damage.
City staff told the Planning Commission they will propose targeted changes to the city's nonconforming-use code to avoid automatic denial of rebuilding rights for property owners who lack a historical business tax receipt (BTR). The draft language would allow owners to submit a zoning-verification letter or a permit application within a specified window so they can retain nonconforming density and development rights while providing the city documentation.
Staff said the current nonconforming section has not been substantially updated since the 1980s and that the commission requested relief for owners who face disproportionate penalties for lacking a small BTR. The staff presentation cited two recent examples in which permit applications for multi-unit rebuilds were denied because the owner did not possess a BTR.
The draft also includes clarifications for rebuilding after catastrophic loss: commercial parcels would be evaluated primarily on floor-area ratio rather than footprint, and staff proposed extending the deadline to obtain a permit for repairs below the 50% damage threshold. The extension proposed would align the permit-application deadline with other temporary deadlines in city code (proposed 36 months to obtain a permit for less-than-50% damage).
Staff said it mailed notices to about 500 property owners identified as potentially nonconforming or abandoned and that it will track outreach and permit status in the city's tracking system and report back at the next meeting with rough percentages of owners who have engaged.
Commissioners debated whether a blanket deadline extension would perpetuate abandonment or whether a better approach would require documentation of "substantial progress" to qualify for the extended deadline. Staff acknowledged legal constraints imposed by SB 180 on making new restrictions more onerous and said code-enforcement remedies and demolition provisions require additional legal clarity.
No formal action was taken; staff said it will return with ordinance language that includes a zoning-verification letter option, deadline adjustments, and additional tracking data on the mailed notices.
