6-30-110 Exemption For Remodeling and Replacement

1. Legally Created Structure
   • The applicant shall demonstrate that the structure proposed for remodel or replacement was legally created by producing a valid copy of the building permit for the structure. In the event a valid building permit for a structure cannot be provided, remodeling or replacement may occur if the applicant demonstrates that the structure was built prior to the issuance of County building permits.
2. Non-Conforming Structures
   • The remodeling, replacement, or addition to a non-conforming structure shall comply with the standards of Sec. 9-40 as applicable.
3. No Change of Use
   • The use of the structure shall not be changed as part of the exemption for the remodel or replacement. The provisions of Sec. 6-30-160 shall be used to determine whether a proposed development is considered to be a change in use.
4. Location
   • The remodeling or replacement shall occur on the same lot or parcel on which the existing structure is located, but shall not be limited to the same footprint as the structure being remodeled or replaced.

(b) Exemption for Remodeling

1. Residential Structures
   • Remodeling of residential structures may be exempted from Growth Management, provided that the floor area of the structure shall not be increased, unless additional floor area is obtained by utilizing transferable development rights or by competing for an allotment in the Residential competition system.
2. Commercial Structures and Tourist Accommodation Units
   • The remodeling of a commercial structure or tourist accommodation unit may be exempted from Growth Management, provided that the existing commercial floor area shall not be expanded and the number of tourist accommodation units shall not be increased unless an exemption is obtained pursuant to Sec. 6-30-150 or an allotment is obtained by competing in the Commercial/Tourist Accommodations competition system.

(c) Exemption for Replacement of Residential Floor Area

• The replacement of legally established residential floor area on a lot or parcel in a Board-approved subdivision, on a lot or parcel legally created and configured prior to June 12, 1978, or on a thirty-five (35) or more acre parcel legally created prior to January 10, 2000, and located within the Crystal River or Frying Pan areas may be exempted from Growth Management, subject to the following:
  1. Replacement Size Limited
     • (a) If the total size of the structure(s) on the lot or parcel is less than or equal to the base maximum size permitted by Table 5-1, then the existing structure(s) can be replaced and can be expanded, up to a total of the base maximum size permitted by Table 5-1 on the lot or parcel.
     • (b) If the total size of the structure(s) on the lot or parcel is more than the base maximum size permitted by Table 5-1, then the existing structure(s) may be replaced, but these structures may not be expanded without obtaining either a GMQS allotment or transferable development rights.
     • (c) Demolished square footage of structures not attached to the principal dwelling unit may not be combined with the replacement square footage of the principal dwelling unit to develop a replacement dwelling unit that is larger than the existing unit, except that up to seven hundred fifty (750) square feet of detached garage area may be replaced with the same number of square feet in an attached garage.
  2. Relocation May Be Required
     • The County may require the replaced dwelling unit to be relocated within the same lot or parcel, if such relocation would result in the replaced structure avoiding a Constrained Area (as defined in Sec. 7-10-50 or would result in a less severe impact from development upon a Constrained Area.
  3. Replacement Required Within Two (2) Years of Demolition
     • An applicant who has received an exemption to replace existing floor area shall be required to obtain a building permit for the replacement floor area no more than two (2) years after the date of having received the exemption. Failure to obtain the building permit within the two (2) year period shall render the replacement exemption null and void for the lot or parcel.
  4. Fathering Parcel Retains Exemption Even if Reconfigured After June 12, 1978
     • If the parcel is reconfigured and results in the creation of more than one parcel, the original "fathering parcel" that was legally configured as of June 12, 1978, shall retain one replacement exemption as provided in Sec. 6-30-100(d)(1), subject to the limitations of this section. The exemption shall be granted to the parcel designated upon subdivision or division of the original fathering parcel, or if no parcel is so designated, then to the parcel that seeks the exemption first in time. Reconfiguration of the parcel through lot line adjustment shall not affect the availability of the replacement exemption.
  5. Limitation on Additions
     • A replacement dwelling unit created through this exemption may be expanded at any time by utilizing transferable development rights to obtain an exemption from GMQS or by competing for an allotment in the Residential GMQS.