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Home My WebLink AboutDocumentation_Local Planning Agency_Tab 04_12/20/2012 ORDINANCE NO. 20-12 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, 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, AND BY RE-NAMING THIS ARTICLE ACCORDINGLY; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 78. ZONING. 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 PURPOSES. WHEREAS, the Village Council of the Village of Tequesta desires to amend the Village Cod� of Ordinances at Chapter 78. Zoning, Article IV Nonconforming uses by revising the requirements for maintaining, enlarging or expanding nonconforming uses and nonconforming structures to allow greater latitude in inodifications to nonconfonning structures; and WHEREAS, the Village Council of the Village of Tequesta believes it to be in the best i�iterests of the liealth, safety, and welfare 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 ORDAI�TED BY THE VILLAGE COUNCIT OF THE ��ILLA�E C�� TEQUESTA, FLUR�IaA, THAT� Section 1: Chapter 78. Zc�ning. of the Code of rJrdinances of the Village of Tequesta is t��reb� �:r.��r,d�d �i f�rt.icle ��'. I��c�conf�rmin�; Uses, t� r�tiise t��e requiremer•ss far maintaining, eniarging �r e<�panc€in� nonconforrring uses and noncontorming structures to a�low greater latitude in moda.fications to nonconforming strucb�res; and to re-na.m� this Article aecordingly; �rovi�ii�g thaf Chapte� ?8. �aning, Articl�; IV �hal� �ie�eufter read as ��l�ows: ARTICLE IV. - NONCONFORMING U�ES NONCONF0 STRUCTU Sec. 78-91. - Continuation eg nerall� Sec. 78-92. - Restoration of unsafe structures e�-��s. Sec. 78-93. - Previously�a nroved construction. Sec. 78-94. - Maintenance or renair ��e�a�e� of structures containin� a nonconformin� use. Sec. 78-95. – Maintenance. renair or alteration €��e�sie� of nonconforming structures Sec. 78-96. - Discontinuance of nonconformin� uses �. Sec. 78-97. - Reserved Sec. 78-98. - Reconstruction of structure destroyed bv fire or other casualty. Sec. 78-99. - Replacement of swimmin�nool enclosures. Secs. 78-100-78-120. - Reserved. Sec. 78-91. - Continuation generally. The lawful use of any �g structure or land existing 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 thereaf; pr�vided, however, the conditions in this article are met. Sec. 78-92. - Restoration of unsafe structures e�i��gs. Any structure e�g or portion thereof deciared unsafe may be restored to a safe condition. Sec. 78-93. - Pre�iousty appraved con�struction. Nothzng in this ch�.pter shall requirP any change in plans, constri.iction or �eyignated ave of u��-er sti�zc�ure fc�r ;%��uc� w l��i�di��g �err��i: has Leen issued ai�d �he construciion c,f whieh slYall �iave been diligenti;y carried on wi�h�n six m�n�hs of tl�e date of such pen�nit. Sec. 7$-34. � Mainte�ance ar re� �� c�f '' ' s�ructures c ��ta��in� � non�.c�nfo�min� u ��. A�.;c��- ��tg struc�ure t' �at cont�ins an� n.onccr.�fo°rriin� us:. ��ay l:e maintained� and structural. nlurnbin�. mechanical, electrical or other such repairs � „��n„�a , . , ay n? ma��e to 4uc'n str.uct�rres_, . _ _�.,,;��r,�,. �,�;,.�, � , However, no °:� alterations. enlar�ements, extensions or other modifications shall be made except those required by 1aw including eminent domaiii proceedings. n�„,,;,.� � ,,.�, ., ..,i,,.,.,�.;,,n ,. „�,..,,,.;„,� ,.��,,..t;+.�� ,.��.�.. Interior renovations or modifications that do not impact the structure's footnrint or elevations are permitted. Sec. 78-95. — Maintenance. reuair or alteration �s}e� of nonconforming structures ��gs�-e�se. ��1�-e� Sstructures with existin� ^M .,°�� '�~�' ._,'�;^'� �„� nonconforming structural elements mav be maintained. renaired. altered. modified, extended and/or enlar�ed so lon� as the existin� nonconformin� elements are neither °'��" ��* '�° extended or enlarged. unless such structure also contains a nonconformin� use. in which case Sec. 78-94 shall annlv Sec. 78-96. - Discontinuance of nonconforming uses e€-�a�d. When a nonconforming use � has been vacated, abandoned or discontinued for a period of 90 days, anv future use in such structure or on such land �*� � „°°° shall revert to the uses permitted in the district in which the structure and/or land is located, and shall not thereafter be occunied bv anv nonconformin� use. Sec. 78-97. — Reserved f�--3i9�3�� „� ` ,.� i.,�a ,.� i.,,;ia:� „i.;,.� i,o .,�o,� ,... .,�..,.,a,.,,o,a � ,. on a„�.., ��.,,i� ,,,.++t,o,.o„�,-o,. �,o „ ;o,a � , ,,.,�, „ „�� ,.,....;,,,. „�o ..�.,�.��.�. �,.. ....�::t...... ..> .,�...> .�..........�...�,.....b ».,... Sec. 78-98. - Reconstruction of structure � destroyed by fire or otl�er casualty. Nothing in this chapter shall be ta.�en to prevent the restoration of a structure �g destroyed to the extent of not more than 50 percent of its assessed value b� flood, fire, explosion or other casualty, or act of God, or the public enemy, or the continued occi��:ancy or use of such structure ��; or part th�reof w�zch existed at �he time of s�ch pa,�~tiai destruction. The restoration of a structure ��g destroyed more t�an 50 per;,ent of its a�sessed value b3� flood, fire. expiosi�n er otlier casualty, or act of Uoa, or �he public enemy, must meet ihe requirements of ali appiicable nrovisions ot this �hapte?', i!�cluding �ut nflt limited to the 1QO�year f!oo�. �tandards �escribed in article XII c�f this chap±er c�ncerr_ing special flo�d hazard are�,s. Rest�ratior t:nder thi� ��ction must �e staried w�i�in �0 days. N�nconforming structures Iocated within tr�e R-3 zaning district of the village which are located east of the Intracoastal Waterway may be restored even if �.i��trc�ye;� by� rrsare thtr� SG �ier�ent cf their a5�ess v�ia�; �y flo��d, �zre e�plcsic�r� or other c�sualt,y, or act of God, or the pub�ic er�emY, except to the e�:?ent that the3� ar�, prohibited from �oing so by any federal, state, or county law or aaency �Nhich supersPdes the ��dinances of th� villagz it� reg�� o such recor��:ruction. Sec. 78-99. - lteplacement of swimming pool enclosures. Existing r�onconformin� screened swimming pool enclosures may be replaced in the same location by another screen enclosure without obtaining a variance �e�e � ^� �-';,,°*�°„* when such replacement enclosure follows the same footprint as the existing nonconformin� screen enclosure; provided, however, that no portion of �e such structure shall be enclosed with solid walls or a roof. Secs. 78-100-78-120. - Reserved. Section 2: Each and every other Section and Subsection of Chapter 78. Zoning. shall remain in full force and effect as previously adopted. Sect'ion 3: All ordinances or parts of ordinances in conflict be and the same are 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 shall take effect imxnediately upon passage.