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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 Non-Conforming Use Amended Ordinance I Words underlined are added Pagelof4 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 Non-Conforming Use Amended Ordinance I Words underlined are added Page 2 of 4 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 Non-Conforming Use Amended Ordinance I Words underlined are added Page3of4 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) Non-Conforming Use Amended Ordinance I Words underlined are added Page 4 of 4