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Home My WebLink AboutOrdinance_20-12_01/13/2013 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 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 allow 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 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 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 Chapter 78. Zoning, Article IV shall hereafter read as follows: ARTICLE IV. - NONCONFORMING USES NONCONFORMMG STRUCTURES Sec. 78 -91. - Continuation gpngrally. Sec. 78 -92. - Restoration of unsafe structures ems. Sec. 78 -93. - Previously approved construction. Sec. 78 -94. - Maintenance or repair alteration of floneonfafming building structures containing a nonconforming use. Sec. 78 -95. – Maintenance. repair or alteration Egtension of nonconforming structures bye. Sec. 78 -96. - Discontinuance of nonconforming used e€4and. Sec. 78 -97. - RR steed Sec. 78 -98. – Restoration or reconstruction of structure big damaged or destroyed by fife-(r eta casualty. Sec. 78 -99. - Replacement of swimming pool enclosures. Secs. 78- 100-78 -120. - Reserved. Sec. 78 -91. - Continuation generally. The lawful use of any building, 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 thereof, provided, however, the conditions in this article are met. Sec. 78 -92. - Restoration of unsafe structures or buildings. Any structure or- building or portion thereof declared unsafe may be restored to a safe condition. Sec. 78 -93. - Previously approved construction. Nothing in this chapter shall require any change in plans, construction or designated use of a building e structure for which a building permit has been issued and the construction of which shall have been diligently carried on within six months of the date of such permit. Sec. 78 -94. - Maintenance or alteration of noiaeonfeFming hu structures containing a nonconformiir use A noneonfonning bail structure that contains any nonconforming use may be maintained., and structural, plumbing, mechanical, electrical or other such repairs and alterations may be made to such structures., exeep* that in a building whieh is neneeafefwAng as to use reguWi , However, no s#%etutlal 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 impact the structure's foolpriM or elevations are permitted. Sec. 78 -95. — Maintenance, repair or alteration Etensiou of nonconforming structures buildings , . Buggy -e Sstructures with ex of la nd Whieh afe nonconforming structural elements may be maintained, repaira alterel modified, extended and/or nlarged so long as the existing nonconforming elements are neither shall not be extended or enlarged unless such structure also contains a nonconforming use. in which case Sec. 78 -94 shall apply Sec. 78 -96. - Discontinuance of nonconforming uses of land. When a nonconforming use ef-land has been vacated, abandoned or discontinued for a period of 90 consecutive days, any future use in such structure or on such land its fames shall revert to the uses permitted in the district in which the structure and/or land is located and shall not thereafter be occupied by any nonconforming use. The 90 day period set forth herein shall not apply to the discontinuation of a nonconforming use caused by flood, fire, explosion or other casualty, or act of Gol government or the public enemy. However_ to the extent that structural restoration or repair is reauired in order for the nonconforming use to resume. Sec. 78 -98(c) shall apply Sec. 78 -97. — Reserved Abandonment of noneonfoFming use or- build abandoned fef 90 days sWI not dwfeafter- be oeeupied by any fioneenfeffflifig use-. Sec. 78 -98. — Restoration or reconstruction of structure buildin g damaged or destroyed by fire or- e casualty. W Nediing in this ehaptff sWI be t& ea to pmvent T he restoration of a structure with nonconforming elements that is bugding d destr-eyed to the extent of not more than 50 percent of its assessed value by flood, fire, explosion or other casualty, or act of God government or the public enemy, use of sueh building or- part dwFeof Whieh eNisted at the time of sue.h. shall be allowed: howev= permits for restoration of nonconforming structural elements must be applied or within 90 days from the date of the end of the cas ualty event. In the event of any casualty that causes damage or destruction on a village -wide basis, the village manager may authorize an extension of this 90 day deadline to apply for permits to restore a non - conforming structural element patzkal destuetien. (b) The reconstruction restefatien of a structure with nonconforming elements that is building destroyed more than 50 percent of its assessed value by flood, fire, explosion or other casualty, or act of God, government 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 restoration or reconstruction of any structure containing a nonconforming use that is damaged or destroyed by flood_ fire, explosion or other casualty. or act of God, government or the public enemy, shall be pursuant to either subsection (a) or (b) above, as applicable. Permits for restoration or reconstruction of structures containing nonconforming uses must be applied for within 90 days from the ate of the end of the casualty event. In the event of any casualty that causes damage or destruction on a village -wide basis, the village manager may authorize an extension o this 90 day deadline to apply for permits to restore a structure containing a nonconforming use. (M Nonconforming structures 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 than 50 percent of their assessed value by flood, fire, explosion or other casualty, or act of God, government 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 nonconforming screened swimming pool enclosures may be replaced in the same location by another screen enclosure without obtaining a variance from the village board of adjustm when such replacement enclosure follows the same footprint as the existing nonconforming screen enclosure; provided, however, that no portion of the 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. Section 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 immediately upon passage. Upon Second Reading this 10 day of January 2013, the foregoing Ordinance was offered by Council Member Brennan who moved its adoption. The motion was seconded by Council Member D'Ambra and upon being put to a vote, the vote was as follows: For Adoption Against Adoption Mayor Tom Paterno X Vice -Mayor Vince Arena X Council Member Abby Brennan X Council Member Frank D'Ambra X Council Member Steve Okun X The Mayor thereupon declared the Ordinance duly passed and adopted this 10 day of January 2013. MAYOR OF TEQUESTA Tom Paterno ATTEST: ry-)� p,GE O P O,� % • , , Q Ro•• .� -;. Lori McWilliams, MMC Village Clerk ��Cp ,9C M (n y � 4 49grF0 > �:., 195.... P 3