HomeMy WebLinkAboutOrdinance 2005-234
ORDINANCE NO. 2005- :) 3~
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF SUNNY ISLES BEACH, FLORIDA,
AMENDING ARTICLE XII OF THE LAND
DEVELOPMENT REGULATIONS RELATING TO
NONCONFORMING USES AND STRUCTURES;
PROVIDING FOR DEFINITIONS; PROVIDING FOR
THE USE OF NONCONFORMING LOTS UNDER
CERTAIN CONDITIONS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEALER;
PROVIDING FOR INCLUSION IN THE CODE;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the regulation of nonconforming uses, lots and structures is consistent with
sound planning and zoning principles; and
WHEREAS, the adoption of the Land Development Regulations has created
nonconforming uses, lots, and structures within the City; and
WHEREAS, there is a need to modify the standards for the continued use of property
made nonconforming by the adoption of the Land Development Regulations; and
WHEREAS, the City Commission wishes to protect the general welfare of its residents
by adopting this Ordinance.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Incorporation of Recitals. The foregoing "WHEREAS" clauses are hereby ratified
and confirmed as being true and correct and are hereby made a specific part by this ordinance
upon hereof.
Section 2. Amendment. Article XII, entitled "Nonconforming Uses and Structures," IS
hereby amended to read as follows:
ARTICLE XII
Nonconforming Uses and Structures
Section 265-79.
Purpose and Scope.
The purpose of this article is to regulate and limit the development and continued existence of
uses, structures, and lawful lots established prior to the effective date of these LDRs, which do
not conform, the requirements of these LDRs. Much nonconformity may continue, but the
provisions of this article are designed to curtail substantial investment in nonconformity may
continue, but the provisions of this article are designed to curtail substantial investment in
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nonconformities and to bring about their eventual improvement or elimination in order to
preserve the integrity of these regulations and the character of the City. Any nonconforming use,
structure, or lot which lawfully existed as of the effective date of these LDRs and which remains
nonconforming, and any use, structure, or lot which has become nonconforming as a result of the
adoption of these LDRs or any subsequent amendment to these LDRs may be continued or
maintained only in accordance with the terms of this article.
Section 265-80. Expansion of nonconforming use. A nonconforming use shall not be expanded
or extended beyond the floor area or lot area that it occupied on the effective date of these LDRs
or the effective date of any amendment to these LDRs rendering such use nonconforming.
Section 265-81. Discontinuation or abandonment of a nonconforming use.
If a nonconforming use is discontinued or abandoned, whether intentionally or not for a period of
90 consecutive days, including any ptriod of discontinuation or abandonment commencing
before the effective date of these LDRs and continuing through said date, then that use shall not
be renewed recommenced or reestablished and any subsequent use of the lot or structure shall
conform to the use regulations of the land use district in which it is located.
Section 265-82. Change of use.
A nonconforming use may be changed to a permitted use or conditional use for the zoning
district in which the property is located subject to the review and approval requirements of the
appropriate zoning district and conditional uses regulations contained in these LDRs.
Section 265-83. Repairs or reconstruction of nonconforming structure.
A. Ordinary repairs and maintenance may be made to a nonconforming structure provided
that such repairs or maintenance does not exceed 50% of current value as determined by
the Building Official. " Ordinary repairs and maintenance, : in accordance with the
criteria that such repairs and maintenance do not substantially alter the structure, result in
a change of occupancy of the structure or contravene or circumvent other provisions
hereof.
B. If a nonconforming structure is destroyed or damaged by a fire, flood, windstorm, natural
disaster or similar event, and the cost of restoring the structure to its condition which
existed immediately prior to the event does not exceed 50% of the cost of replacing the
entire structure, then the structure maybe restored to its original nonconforming
condition, provided that a building permit is secured and reconstruction is started within
365 days from the date of the damage, and such reconstruction is diligently pursued to
completion prior to the expiration of building permits.
C. If a nonconforming structure is destroyed or damaged by a fire, flood, windstorm, natural
disaster or similar event, and the cost of restoring the structure to its condition existing
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immediately prior to the event exceeds 50% of the cost of replacing the entire structure,
then the structure shall not be restored.
Section 265-84. Alterations or enlargement of nonconforming structure.
Except as provided in this section, a nonconforming structure shall no the enlarged in any
manner or undergo any structural alteration unless to make it a conforming structure. Such
alteration or enlargement may be permitted provided that:
A. The enlargement or alteration itself conforms to the requirements of these regulations;
and
B. The total structure as enlarged or altered does not increase the degree of nonconformity
for the applicable district; and
C. The use of the structure is or will be conforming.
Section 265-85. Moving of nonconforming structure.
A nonconforming structure shall not be moved in whole or in part to any other location unless
every portion of such structure and the use thereof is made to conform with all requirements for
the district to which such structure is moved. The moving of the structure also shall comply with
the requirements of other applicable City regulations.
Section 265-86. Required combination or recombination of nonconforming lots.
IWhere a nonconforming lot abuts another lot ofrecord (whether conforming or nonconforming)
held in the same ownership at or subsequent to enactment of this Chapter. such lots shall be
platted to conform with the minimum standards of the LDRs of the City.
Section 265-87. Use of nonconforming lots.
A nonconforming lot may be used for any use permitted within the zoning district in which the
lot is located. but shall not be a building site. unless approved at a public hearing before the City
Commission as provided in the LDRs.
Section 3. Severability. The provisions of this Ordinance are declared to be severable and if
any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be
invalid or unconstitutional, such decision shall not affect the validity of the remaining sections,
sentences, clauses, and phrases of thi~ Ordinance but they shall remain in effect, it being the
legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part.
Section 4. Inclusion in the Code. It is the intention of the Commission, and it is hereby
ordained, that the provisions of this ordinance shall become an appendix to the City of Sunny
Isles Beach Code; that the sections of this ordinance may be renumbered or relettered to
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accomplish such intentions; and that the word "ordinance" shall be changed to "section" or other
appropriate word, as required.
Section 5. Effective Date. This Ordinance shall be effective ten (10) days after adoption on
second reading.
PASSED and ADOPTED on first reading the ~ day of ~2005.
PASSED and ADOPTED on second reading the Jt:' day of D:.-'-ol:>w ,2005.
~ ~~~~
orman S. Edelcup, Mayo
A~A~
JaneA. Hines, Glty Clerk
FORM
CIENCY
Moved by: ", CJ.. VV\o.J.jOll' ~II\Lct. ~
S~conded by: ~ W\NlI\ \ ~ cs. \ 0 fJ ENl.. ~L<'i..~' it\S'
Vote: 5-b
Mayor Edelcup
Vice Mayor Thaler
Commissioner Brezin
Commissioner Goodman
Commissioner Iglesias
l.6Y es)
k'(Y es)
~Yes)
VZYes)
~Yes)
_(No)
(No)
_(No)
_(No)
_(No)
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