Loading...
HomeMy WebLinkAboutDocumentation_Regular_Tab 10_01/10/2013 VILLAGE CLERK'S OFFICE AGENDA ITEM TRANSMITTAL FORM ; Meeting Date: ; Meeting Type: Regular Ordinance #: 20-12 ' 12/13/12 I � Consent Agenda: - Resolution #: � i i Originating Department: Legal ' � ' • • • — : — • • -�• i Ordinance 20-12, First Readina, 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 Modificati to Nonconforming Structures . � Account #: N/A ' Amount of this item: N/a Current Budgeted Amount Available: N/A Amount Remaining after item: N/A -- --..__. Budget Transfer Required: : Appropriate Fund Balance: �-: , ' � • � f Ordinance 20-12, First Readins�, 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 � �---- A ----- --- --------- --- _ � Finance Director , � Reviewed for Financial Sufficiency ❑ No Financial Impact ❑ Attorney: (for legal sufficiency} , Village Manager: � Submit for Council Discussion: ; Approve Item: � Deny Item: (� �---- ---- ---- --- � � �° •.. . ��� - ,. -. •� _ s :._ - • - • • • - •� s . - �s _ r � _,r � ,��w� - €K� + - I � Form Amended: 7/12/12 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. NONCONFORNIING USES, BY REVISIAiG THE REQUIREMENTS FOR MAINTAINING, ENLARGING OR EXPANDING NONCONFORMING USES AND NONCONFORMING STRUCTURES TO ALLOW GREATER LATITUDE IN MODIFICATIONS TO NONCONFORMING STRUCTURES,AND BY RE-TVAMING THIS ARTICLE ACCORDINGLY; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 78. ZOl�iING. 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 Code 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 a11ow greater latitude in modifications to nonconfornung structures; and WHEREAS, the Village Council of the Village of Tequesta believes it to be in the best interests of the health, 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 sta.ted 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 IV. Nonconforming Uses, to revise the requirements for maintaining, enlarging or expanding nonconforming uses and nonconforming structures to allow greater latitude in modifications to nonconforming structures; and to re-name this Article accordingly;providing that Cha.pter 78. Zoning,Article N shall hereafter read as follows: ARTICLE IV.-NONCONFORNIING USES;N_�,�,ONFnRMiN(�STRUCTUIZS Sec. 78-91. -Continua.tion e�y. Sec. 78-92. -Restoration of unsafe structures e�€;s. Sec. 78-93. -Previouslv approved construction. Sec. 78-94. - Maintenance or renair � of ��ee�€��� structures ontaining a nonconformin�use. Sec. 78-95. – Maintenance. renair or alterarion ��e�sie� of nonconformin� structures =�se. Sec. 78-96. -Discontinuance of nonconfornvng uses e�. Sec. 78-97. -Re rv Sec. 78-98. – Restoration or reconstruction of structure � dama�ed or destroyed by �e-e�-e��e�casua,ltv. Sec. 78-99. -Replacement of swimmin�pool enclosures. Secs. 78-100-78-120. -Reserved. Sec. 78-91.-Continuation generally. The lawful use of any �g 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. 7$-92.-Restoration of unsafe structures e�r�d�gs. Any structure �g or portion thereof declared unsafe may be restored to a safe condition. 5ec. 78-93.-Previously approved construction. Nothing in this chapter shall require any change in plans, construction or designated use of a�i�ge� structure for which a building permit has been issued and the construction of which sha11 have been diligently carried on within six months of the date of such permit. Sec. 7$-94. - Maintenance or � �ie� of structures containin�a nonconformin�use. A structure that contains anv nonconformin�use may be maintained� and tructural. nlumbinE. mechanical- electrical or other such repairs � a�e�at�s may be made to such structures.�oe *g�^�r��n�v"� , However, no s�isi� alterations.�enlargements. extensions or other modifications shall be made except those required by law including eminent domain proceedings. Interior renovations or modifications that do not imnact the structure's f tnrint or elevations are pernutted. Sec. 78-95. — aintenance. renair or alteratio �egsiea of nonconforming structures �ri� . �I�gs-e� Sstructures with existin� nonconforming structural elements mav be mai.ntained. renaired. altered. modified. extended and/or enlar�ed so lon� as the existin� nonconformin� elements are neither n�^" ~^+ '�° extended or enlarged unless such structure also contains a nonconforming use. in which case Sec. 78-94 shall annlv. Sec. 78-96. -Discontinuance of nonconforming use�e€-k�ad. When a nonconforming use�has been vacated,�abandoned or discontinued for a period of 90 consecutive da.ys, anv future use in such slxucture or on such land �s €��e-�ses 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. The 90 dav neriod set forth herein shall not annlv to the disconti.nuation of a nonconformin� use used bv flood. fire, exnlosion or other casualtv.or act of God. �overnment or the nublic enemv. However, to the extent that structural restoration or renair is reauired in order for the nonconformine use to resume. Sec. 78-98(cl sha11 annlv. Sec. 78-97.—Reserved �- ,s., ..F .,f' 1.,...i .,� 1.,,;1.1:,, ,.1.;..1. 1�� b,o _...a�atod _�„- Sec. 78-98.—Restoration or reconstruction of structure��g dama�ed or destroyed by €�e-e�e��casualty. �a �,� �'��-�*�� °'�°" '�� *�'��„ *� „ �•�°H* The restaration of a structure with nonconformin� elements that is �g a e �est�e�e� to the extent of not more than 50 percent of its assessed value by flood, fire, explosion or other casualty, or act of God��overnment or the public enemy, sha11 be allowed: however. nermits for restoration of nonconform�in� structural elements must be annlied for within 90 da.vs from the date of the end of the casualtv event. In the event of anv asualtv that causes da.ma�e or destruction on a villa�e-wide basis. the villa�e manager mav authorize an extension of this 90 da.v deadline to annlv for nermits to restore a non- conforming structural element� • ' . .b� The reconstruction�eesteFe��of a sixucture with nonconforming elements t is �g destroyed more than 50 percent of its assessed value by flood, fire, explosion or other casua.lty, or act of God, �overnment or the public enemy, must be in accordance with all 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. c) The restora.tion or reconstruction of anv structure containin� a onconformine use that is dama�ed or destroved bv flood. fire. exnlosion or other casualtv. or act of God. �overnment or the nublic enemv. shall be nursuant to either ubsection (al or (bl above. as annlicable. Permits for restoration or reconstruction of s ctures containing nonconforming uses must be anulied for within 90 davs from the te of the end of the casualtv event. In the event of anv casualiv that causes dama�e or estruction on a villa�e-wide basis. the village mana�er mav authorize an extension of this 90 dav deadline to annlv for nermits to restore a structure containine a nonconformin�use. . d�. Nonconforming structures located within the R-3 zoning district of the village w}uch are located east of the Intracoastal Waterway may be restored even if destroyed by more than 50 percent of their assessed value by flood, fire, explosion or other casualty, or act of God, govemment or the public enemy, except to 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 swimming pool enclosures. Existing nonconforr�in� screened swimming pool enclosures may be replaced in the same location by another screen enclosure without obtaining a variance �e when such renlacement enclosure follows the same footprint as the existing nonconforming screen enclosure;pzovided,however,tha.t no portion of�ie such structure sha11 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. sha11 remain in full force and effect as previously adopted. Section 3: All ordinances or parts of ordinances in conflict be and the same are hereby repealed. Section 4: Should any section or pravision of this Ordinance o� 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 talce effect immediately upon passage.