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Home My WebLink AboutDocumentation_Regular_Tab 10_12/13/2012 VILLAGE CLERK'S OFFICE AGENDA ITEM TRANSMITTAL FORM Meeting Date: Meeting Type: Regular Ordinance #: 20-12 12/13/12 Consent Agenda: 4":;:?c��- ;� , �.�==;� �:� Resolution #: Originating Department: Legal � � � • • . . - : . . - •. Ordinance 20-12, First Readinq, Amending th�: '`��`�':��: �,ode of Ordinances at Chapter 78. Zoning. At Article IV. Nonconforming Uses, by Revising the Requirements for Maintaining, Enlarging or Expanding Nonconforming Uses and Nonconforming Structures to Allow Greater Latitude in Modifications to Nonconforming Structures , . . .. Account #: N/A Amount of this item: N/a Current Budgeted Amount Available: N/A Amount Remaining after item: N/A BudgetTransferRequired: ' j�,� �;:� Appropriate Fund Balance ::.� _._c_: u�� i,�,r�. `' • ' •' . . � �- • • • .�- Ordinance 20-12, First Readin�, Amending the Village Code of Ordinances at Chapter 78. Zoning. At Article IV. Nonconforming Uses, by Revising the Requirements for Maintaining, Enlarging or Expanding Nonconforming Uses and Nonconforming Structures to Allow Greater Latitude in Modifications to Nonconforming Structures ,...� . . Department Head Legal Submitted Finance Director Reviewed for Financial Sufficiency ❑ No Financial Impact ❑ Attorney: (for legal sufficiency) Village Manager: �_____ Submit for Council Discussion: Approve Item: ❑ Deny Item: � • • . . - .• -- - . -• .- - • •- •- . •• - • • -• . • • _ . - - • - Form Amended: 7/12/12 ORllINANCE NO. 20-12 AN ORDINANCE 4F THE VII.LAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE VII.LAGE CODE OF ORDINANCES AT CHAPTER 78. ZOIYING. AT ARTICLE IV. NONCONFORMING USES, BY REVISING THE REQUIREMENTS FOR MAINTAINING, ENLARGING OR EXPANDING NONCONFORMING USES AND NONCONFORNIING STRUCTURES TO ALLOW GREATER LATITUDE IN MODIFICATIONS TO NONCONFORMING STRUCTURES, AND BY RE-NAMING THIS ARTICLE ACCORDINGLY; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 78. ZON SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURP'OSES. WHEREAS, the Village Council of the Village of Tequesta desires to amend the Village Code of Ordinances at Chapter 78. Zoning, Article N Nonconforming uses by revising the requirements for maintaining, enlarging or expanding nonconformixig uses and nonconforming structures to a11ow greater latitude in modifications to nonconforming structures; and WHEREAS, the Village Council of the Village of Tequesta believes it to be in the best interests of the health, safety, and welfaze of the citizens of the Village of Tequesta that the Village amend its zoning code regarding nonconforming uses and nonconforming structures as stated herein. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, THAT: Section 1: Chapter 78. Zoning. of the Code of Ordinances of the Village of Tequesta is hereby amended at Article N. Nonconforming Uses, ta revise the requirements for maintaining, enlarging or expanding nonconforming uses and nonconforming structures to a11ow greater latitude in modifications to nonconforming structures; and to re-name this Article , accordingly; providing that Chapter 78. Zoning, Article 1V shall hereafter read as follows: ARTICLE IV. - NONCONFORNIING USES: NONCONFORMING STR CT +. Sec. 7$-91. - Continuarion generall� Sec. 78-92. - Restoration of unsafe structures e��s. Sec. 78-93. - Previousiv approved construction. Sec. 78-94. - Maintenance or re�air �te�e� of , ��r,�s conta.inine a nonconforming use. Sec. 78-95. — Maintenance. renair or alteration �s�ie� of nonconfoxming; �tructures �-ar-�se• Sec. 78-96. - Discontinuanee of nonconformin�use� e�. Sec. 78-97. - �:�v� �e�-e�+�e ° , .r �. Sec. 78-98. - Reconstruction of �.firucture �' ' destro�d bv fire or other casualtv. Sec. 78-99. - R�lacement of swimmin�pool enclosures. Secs. 78-100--78-120. - Reserved. Sec. 7&91. - Continuation generally. The lawful use of any � structure or land e�sting at the time of the adoption of the ordinance from which this chapter is derived may be continued although such use does not conform to the provisions thereof; provided, however, the conditions in this article are met. Sec. 78-92. - Restoration of unsafe structures e�di�gs. Any structure �g or portion thereof declared unsafe may be restored to a safe condition. Sec. 7&93. - Previously approved eonstntction. Nothing in this chapter shall require any change in plans, construction or designated use of a�� structure for which a building permit has been issued and the construction of which sh�11 have been diligently carried on within six months of the date of such permit. Sec. 78-94. - Maintenance or ��tiee of �� con� a no c��forming use. A structure that a�ntains anv nonconforming use ma.y be maintained and �tructural�plumbin�, mechanical electrical or other such repairs e� �ker-�.� may be made to such structures., °°„* +��+ '"^'''�T°- s�"�'' , ow no s#�s� alterations. enlargements. ensions or other modifications sha11 be made except those re4uired by law including eminent doma.in proceedings. In terior renovations or modifications that do not imnact th structure's ��rint qr elevations are permitted. Sec. 78-95. — Maintenance. reusir or alter�tion �e�sie� of noncanforming �Bg's-e�use. ��gs-e� �structures with existin� nonconforming �tructural elements mav be ma.intained. renaired. altered. modified. extended and/or ar�ed so long as the existine nonconfo�rtnins elements are neither ��" -��+ '�° e�ended or enlarged. unless such structure also contains a nonconforming use, in which case Sec. 78-94 sha11 annlv. Sec. 78-96. - Discontinuance of nonconforming use� e€�a��. When a nonconforming use e� has been vacated. abandoned or discontinued for a period of 90 days, anv future use in such structure or on such land ' sha,ll revert to the uses pernutted in the district in which the struc��re and/or land is located. 1 not thereafter be occuni bv anv nonconformin� use. Sec. 7&97. — � Sec. 78-98. - Reconstruction of structure �eg destroyed by fire or other casualty. Nothing in this chapter shall be taken to prevent the restora.tion of a�tructu�:•e �i�g destroyed to the extent of not more than 50 percent of its assess�d value by flood, fire, explosion or other casualty, or act of G�, or the public enemy, or the cantanued occupancy or use of such �� or part thereof which existed at the time of such partial destructian. The restoration of a x e�g destroyed more than 50 percent of its assessed value by flood, fire, explosian or other casualty, or act of God, or the public enemy, must meet the requirements of a11 applicable provisions of this chapter, including but not limited to the 100-year flood standards described in article XII of this chapter concerning special flood hazard areas. Restoration under this section must be started within 90 days. Nonconforming stcuctures located within the R-3 zoning district of the village which are located east of the Intracoastal Waterway may be restored even if destroyed by more tha.n 50 percent of their assessed value by flood, fire, explosion or other casualty, or act of God, or the public enemy, except ta the extent that they are prohibited from doing so by any federal, state, or county law or agency which supersedes the ordinances of the village in regard to such reconstruction. Sec. 78-99. - Replacement of swimmutg pool enclosures. Existing nonconformin� screened swimming pool enclosures may be replaced in the same location by another screen enclosure without obtaining a variance £�e�e when such r�placement enclosure follows the same footprint as the existing nonconforming screen enclosure; provided, however, that no portion of �ie such structure shall be enclosed with solid walls or a roof. Secs. 78-100-�-7&120. - Reserved. Section 2: Each and every other Section and Subsection of Chapter 78. Zoning. sha11 remain in fu11 force and effect as previously adopted. Section 3: All ordinances or parts of ordinances in conflict be and the sanne aze hereby repealed. Section 4: Should any section or provision of this Ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder of this Ordinance. � Section 5: Specific authority is hereby granted to codify this Ordinance. Section 6: This Ordinance sha11 take effect immediately upon passage.