HomeMy WebLinkAboutO-2002-050 ORDINANCE NO. 2002-050
AN ORDINANCE AMENDING CHAPTER 28 "ZONING" OF THE CODE
OF ORDINANCES OF THE CITY OF DANIA BEACH, FLORIDA, BY
AMENDING ARTICLE 2. "DEFINITIONS," SECTION 2.10.
"DEFINITIONS" TO DEFINE TERMS RELATED TO
NONCONFORMITIES; AMENDING ARTICLE 8 "NONCONFORMITIES"
TO REVISE THE STANDARDS APPLICABLE TO NONCONFORMITIES
WITHIN THE CITY OF DANIA BEACH; AMENDING ARTICLE XXVII.
"INDUSTRIAL-RESEARCH-OFFICE-MARINE (IROM) DISTRICT,"
SECTION 27.80 "LAWFULLY EXISTING DEVELOPMENT" TO
ADDRESS THE APPLICABILITY OF THE FLORIDA BUILDING CODE;
AMENDING ARTICLE XXX. "INDUSTRIAL-RESEARCH-OFFICE-
COMMERCIAL (IROC) DISTRICT," SECTION 30.80 "LAWFULLY
EXISTING DEVELOPMENT" TO ADDRESS THE APPLICABILITY OF
THE FLORIDA BUILDING CODE; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Chapter 28 "Zoning," Article 8 "Nonconformities" of the Code of
Ordinances of the City of Dania Beach (the "City") regulates nonconforming uses and
structures within the City; and
WHEREAS, revisions to Article 8, including the addition of relevant definitions to
Chapter 28 "Zoning," Article 2 "Definitions," have been prepared and recommended by
the City's staff; and
WHEREAS, the City's Planning and Zoning Advisory Board, sitting as the local
planning agency, has reviewed this Ordinance and recommended its approval to the
City Commission; and
WHEREAS, the City Commission has determined that it is appropriate to revise
these standards based on the recommendation of its professional staff, and
WHEREAS, the Commission finds that this Ordinance is consistent with the
City's adopted Comprehensive Plan and necessary for the preservation of the public
health, safety and welfare of the City's residents;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That Chapter 28 "Zoning" of the Code of Ordinances of the City of Dania
Beach, Florida, Article II. "Definitions," is amended to add the following definitions.
CHAPTER 28. ZONING.
1 ORDINANCE NO. 2002-050
ARTICLE 2. DEFINITIONS
2.10. Definitions.
* * * * * *
Nonconforming Characteristic of a Nonconforming Use. Off-street parking or off-street
loading or other matter pertaining to the use of land, water, structures and premises
that is lawfully existing on the effective date of this Chapter 28 (or of any amendment
which renders such characteristic nonconforming) which does not comply with all of the
requirements of this Chapter as it may be amended.
Nonconforming Sign See Division 28 Section 28.190 of this Chapter for treatment of
nonconforming signs.
Nonconforming Structure Any structure (other than a sign) lawfully existing on the
effective date of this Chapter 28 (or of any amendment which renders such structure
nonconforming), which does not comply with restrictions on lot area, lot coverage,
height setbacks, location on the lot or any such requirements of this Chapter as it may
be amended (other than use regulations).
Nonconforming Use Any use lawfully being made of any land, water or structure (other
than a sin) on the effective date of this Chapter 28 or of any amendment which
irenders such use nonconforming) which does not comply with all of the requirements of
these regulations as they may be amended The casual, temporary, or illegal use of
land or structures or land and structures in combination shall not be sufficient to
establish the existence of a nonconforming use or to create rights in the continuance of
such use.
* *
Substantial Damage Damage of any origin sustained by a structure where the cost of
restoring the structure to its condition prior to damage would equal or exceed fifty (50)
percent of the adjusted replacement cost of the structure before the damage occurred,
as assessed through current Marshall & Swift construction cost data publications.
Substantial Improvement Replacement of any two exterior walls and the roof within a
period of one year shall constitute a substantial improvement Substantial improvement
shall also mean any repair, reconstruction or improvement of a structure within a period
of one year, the cost of which equals or exceeds fifty (50) percent of the market value of
the structure as determined by the Office of the Property Appraiser of Broward County,
either (1) before the improvement or repair is started, or (2) if the structure has been
damaged and is being restored, before the damage occurred. The total cost shall not
include nonstructural interior finishing except when determining whether the structure
has been substantially improved as a result of a single improvement or repair, or
2 ORDINANCE NO. 2002-050
substantially damaged as a result of a single event. For purposes of this definition,
substantial improvement is considered to occur when the first alteration of any wall,
ceiling, floor or other structural part of the building commences, whether or not that
alteration affects the external dimension of the structure. The term does not include (1)
any project for the improvement of a structure to comply with existing state or local
health sanitary or safety code specifications which are necessary solely to assure safe
living conditions; or (2) any alteration of a structure listed on the National Register of
Historic Places or the Florida Inventory of Historic Places.
Section 2. That Chapter 28 "Zoning" of the Code of Ordinances of the City of Dania
Beach, Florida, Article VIII. "Nonconformities," is amended to read as follows:
CHAPTER 28. ZONING.
ARTICLE 8. NONCON FORM ITIES.
8.10. Continuation of exist use or structure.
Nonconforming structures and uses that are otherwise lawful L h„i�rlinn „r
may
be continued except as otherwise provided in this article. Changes in tenancy,
• ownership or management of a nonconformity are permitted, provided there is no
change in the nature or character of such nonconformity.
the use, or building, or any physiGal Gharar__tP_r0q_t*r_!.; of Said use or building, as not in full
8.20. Regulation of nonconforming uses and structures.
No existing building des A nonconforming structure or structure devoted to a
nonconforming use that is otherwise lawful may be maintained, but shall not be
enlarged, extended, reconstructed, substituted or structurally altered eXGept w
unless it is changed to a conforming use and structure, or when required to do so by law
and as follows except as otherwise provided below:
PeFGeRt RESTORATION. Any nonGonferming StFUGtUre whiGh has less than seventy five
) of its previous existing floor area made unsafe or unusable rnay
restered, FeGenStFUGted or used as before, provided th;;t the floor area ()f qimh ,&a,
All repairs shall be Gornpleted within ene ye-ar after d-arnages OGGLIF OF SUGh -me shall not
3 ORDINANCE NO. 2002-050
8.22-1. NORMAL REPAIRS AND MAINTENANCE OF STRUCTURE. Normal
maintenance, repair and incidental alteration of a nonconforming structure or a structure
containing a nonconforming use is permitted, provided it does not extend the area or
volume of space occupied by the nonconforming use. A building or other structure
containing residential nonconforming uses may be altered in any way to improve interior
livability. Provides However, that no structural alterations shall be made which would
increase the number of dwelling units.
8.22 NONCONFORMING USE OF LAND OR WATER WITHOUT STRUCTURES.
(a) The nonconforming use shall not be altered or intensified by adding additional
nonconforming uses within the confines of the property containing such nonconforming
use.
(b) Structures which can be used for the nonconforming use shall not be added to the
land or water devoted to the nonconforming use.
8.23 NONCONFORMING USE OF STRUCTURE (or structure and land or water in
combination):
(a) The nonconforming use shall not be enlarged, extended, constructed,
reconstructed, moved (other than an historic structure listed in the National Register of
Historic Places or the Florida Inventory of Historic Places), or structurally altered except
for the purpose of changing the use to a use permitted in the zoning district in which it is
located The structure containing the nonconforming use shall not be divided or
enlarged unless the nonconforming use is discontinued.
(b) The nonconforming use shall not be extended to occupy any additional structure on
the same lot or parcel not used for such nonconforming use at the time the
nonconformity was established.
(c) Any structure in or on which the nonconforming use is replaced by a permitted use
shall thereafter conform to the use regulations for the zoning district in which such
structure is located and the former nonconforming use shall not thereafter be resumed
nor shall any other nonconforming use be permitted.
(d) A nonconforming use that is a regulated adult use shall be governed by Article 31,
Section 31.70 of this Chapter 28.
8.24 NONCONFORMING CHARACTERISTIC OF A NONCONFORMING USE. If a
characteristic of a conforming use is made nonconforming by this Chapter as adopted
or amended, no change shall thereafter be made in such characteristic of use which
increases its nonconformity. Changes may be made which do not increase, or which
decrease such nonconformity.
4 ORDINANCE NO. 2002-050
8.25 NONCONFORMING STRUCTURE.
(a) Should such structure be moved for any reason for any distance whatever, other
than as a result of governmental action, it shall thereafter conform to the regulations for
the zoning district in which it is located after it is moved.
(b) Notwithstanding Section 8 20, enlargements or alterations to a nonconforming
historic structure listed in the National Register of Historic Places or the Florida
Inventory of Historic Places shall be permitted provided that:
(i) the enlargement or alteration does not exceed the nonconforming yard or
height established by the existing structure and is otherwise .in compliance with
all other applicable land development regulations: and
(ii) a Certificate of Appropriateness for the enlargement or alteration has been
obtained as required by Chapter 8, Article XI.
8.30. Termination of nonconforming uses and structures.
8.31. oRonlnnnlMEN CESSATION OF NONCONFORMING USE OR
NONCONFORMING STRUCTURE. Failure to use a A nonconforming use or
nonconforming structure net us for a period of ene year six months (except where
governmental action impedes access to the premises), andVor the change of use to a
more restricted or conforming use for any period of time,_ shall be considered an
abandORmen cessation thereof and such nonconforming use or structure shall not
thereafter be revived. Cessation of a mobile home or recreational vehicle located on an
individual lot in a zoning district not permitting that use shall be measured by the
removal of such home or vehicle from the lot for a period of one year.
8.32. pARTl41 DESTRUCTION SUBSTANTIAL DAMAGE TO STRUCTURE. When
seventy five PerGent o a nonconforming
structure or structure occupied by a nonconforming use is substantially damaged
-nsafe of
wn-sable, the use of such structure as a nonconforming use shall thereafter be
terminated and the use and structure shall be made to conform to current Code
requirements If damage is not substantial as defined in Article 2 Section 2.10, all
repairs shall be completed within one year after damage occurs or such use or structure
shall be rebuilt in conformity with this Code.
8.33 SUBSTANTIAL IMPROVEMENT TO STRUCTURE. Nonconforming structures or
structures devoted to nonconforming uses may be improved as long as the
improvement does not constitute a substantial improvement as defined in Article 2,
Section 2.10.
5 ORDINANCE NO. 2002-050
8 40 Nonconforming structures or buildings — Compliance with Building Code.
8.41 Conformity of existing buildings or structures with the technical requirements of
the Florida Building Code (i.e, plumbing fire, electrical mechanical, etc.) shall be
determined under Chapter 34 of that Code.
Section 3. That Chapter 28 "Zoning" of the Code of Ordinances of the City of Dania
Beach, Florida, Article XXVII. "INDUSTRIAL-RESEARCH-OFFICE-MARINE (IROM)
DISTRICT," Section 27.80 "Lawfully Existing Development" is amended to read as
follows:
CHAPTER 28. ZONING.
ARTICLE 27. INDUSTRIAL-RESEARCH-OFFICE-MARINE (IROM) DISTRICT.
27.80. Lawfully existing development.
For the purposes of this article, all uses, structures and area development features
(such as, but not limited to, setbacks, landscaping and parking) lawfully existing upon
the effective date of this article, which do not otherwise meet the requirements of this
article, may lawfully continue unless and until abandefled ceased as provided in Article
8 of this chapter. For the purposes of this article, an existing group of structures
designed as a single site or operating as a single site as of the effective date of this
article shall be known as a "project." Such uses within a project may change as to the
location of nonconforming existing uses within buildings located in the project so long as
the square footage of those respective uses is not increased in its totality within the
project. Destruction of a single structure not located within a project shall be governed
as provided in Article 8 of this chapter. Furthermore, if more than sixty-five (65) percent
of the gross floor area of the structures within a project is destroyed by casualty or Act
of God, the destroyed structures within the project shall be rebuilt only in accordance
with these regulations; provided, however, if sixty-five (65) percent or less is destroyed,
the structure or structures may be restored or reconstructed so long as the structure(s)
shall not exceed the floor area which existed prior to the damage. If a structure contains
multiple spaces, the spaces may be combined so long as such combination does not
expand a nonconforming use. Conformity of existing buildings or structures with the
technical requirements of the Florida Building Code (i.e, plumbing, fire, electrical,
mechanical etc.) shall be determined under Chapter 34 of that Code.
Section 4. That Chapter 28 "Zoning" of the Code of Ordinances of the City of Dania
Beach, Florida ("Chapter 28"), Article XXX. "INDUSTRIAL-RESEARCH-OFFICE-
COMMERCIAL (IROC) DISTRICT," Section 30.80 "Lawfully Existing Development" is
amended to read as follows:
6 ORDINANCE NO. 2002-050
CHAPTER 28. ZONING.
ARTICLE 30. INDUSTRIAL-RESEARCH-OFFICE-COMMERCIAL (IROC) DISTRICT.
30.80. Lawfully existing development.
For the purposes of this article, all uses, structures and area development features
(such as, but not limited to, setbacks, landscaping and parking) lawfully existing upon
the effective date of this article, which do not otherwise meet the requirements of this
article, may lawfully continue unless and until ceased as provided in Article
8 of this chapter. For the purposes of this article, an existing group of structures
designed as a single site or operating as a single site as of the effective date of this
article shall be known as a "project." Such uses within a project may change as to the
location of nonconforming existing uses within buildings located in the project so long as
the square footage of those respective uses is not increased in its totality within the
project. Destruction of a single structure not located within a project shall be governed
as provided in Article 8 of this chapter. Furthermore, if more than sixty-five (65) percent
of the gross floor area of the structures within a project is destroyed by casualty or Act
of God, the destroyed structures within the project shall be rebuilt only in accordance
with these regulations; provided, however, if sixty-five (65) percent or less is destroyed,
the structure or structures may be restored or reconstructed so long as the structure(s)
shall not exceed the floor area which existed prior to the damage. If a structure contains
multiple spaces, the spaces may be combined so long as such combination does not
expand a nonconforming use. Conformity of existing buildings or structures with the
technical requirements of the Florida Building Code (i.e plumbing, fire electrical,
mechanical, etc ) shall be determined under Chapter 34 of that Code.
Section 5. That, except as amended above, all other provisions of Chapter 28 of the
Code of Ordinances of the City of Dania Beach, Florida, as amended, shall remain in
full force and effect.
Section 6. That all ordinances or parts of ordinances and all resolutions or parts of
resolutions in conflict with the provisions of this ordinance are repealed.
Section 7. That if any section, clause, sentence or phrase of this ordinance is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, the holding
shall not affect the validity of the remaining portions of this ordinance.
Section 8. That the provisions of this Ordinance shall become and be made a part of
the Code of Ordinances of the City of Dania Beach, Florida, that the sections of the
Ordinance may be renumbered or relettered to accomplish such intentions, and that the
word "Ordinance" shall be changed to "Section," "Article" or other appropriate word.
Section 9. That this ordinance shall take effect immediately at the time of its passage
and adoption.
7 ORDINANCE NO. 2002-050
PASSED on first reading on November 26, 2002.
PASSED AND ADOPTED on second reading on December 10, 2002.
OVED:
ROB T H. CH JR.
MAY R-COMMISSIONER
ATTEST: ROLL CALL:
�jdCOMMISSIONER BERTINO - YES
' COMMISSIONER MCELYEA - YES
CHARLENE J NSON COMMISSIONER MIKES - YES
CITY CLERK VICE-MAYOR FLURY - YES
MAYOR CHUNN - YES
APPROVED ASVORM AND CORRECTNESS:
BY:
T O AS ANSBRO
CITY ATTORNEY
8 ORDINANCE NO. 2002-050
SUN- SENTINEL
PUBLISHED DAILY CITY OF DANIA BEACH
NOTICE OF
FORT LAUDERDALE BROWARD COUNTY, FLORIDA PUBLIC NEARING
► The City Commission of
BOCA RATON, PALL BEACH COUNTY, FLORIDA the City of Dania Beach
roposes to adopt the fol-
MIAMI, MIAMI DADE COUNTY, FLORIDA Powingordinance:
Date:Tuesday,December
10,2002
Time: 7:00 p.m., or as
soon thereafter as possi-
STATE OF FLORIDA ble
Place: city commission
COUNTY OF BROWARD/PALM BEACH/MIAMI DADE Room
BEFORE T N E NED AUTHORITY, PERSONALLY APPEARED Dania Beach Administra-
tive Center
1o0 West Dania Beach
Blvd.
WHO,ON OATH,SAYS THAT Dania Beach, Florida
HENS L A AN ORDINANCE AMEND-
UTHORIZED REPRESENTATIVE OF THE CLASSIFIED 33004
DE
,MRTMENT OF THE SUN-SENTINEL,DAILY NEWSPAPER PUBUSHED ING CHAPTER 28
I ROWARD/PALM BEACH/MIAMI DADE COUNTY,FLORIDA, AND THAT THE OFONING ORDINANCES OF THE
ATTACHED COPY OF ADVERTISEMENT,BEING A: CITY of DANIA BEACH,
FLORIDQ, BY AMENDING
ARTICLE• 2.
CITY OF DANIA BEACHNOTICE OF PUBLIC HEAR 2. 0.INIDEFINITIONS'TITO
DEFINE TERMS RELATED
TO NONCONFORMITIES;
IN THE MATTER OF: AMENDING ARTICLE 8
NONCONFORMITIES- TO
REVISE THE STANDARDSI
Cha tBr 28 APPLICABLE TO NONCON-
P FORMITIES WITHIN THE
CITY OF DANIA BEACH;ARTICLE XXV
i
IN THE CIRCUIT COURT,WAS PUBUSHED IN SAID NEWSPAPER IN THE AMENDING
"INDUSTRIAL-RESEARCH-
II.
OFFICE-MARINE (IROM)
ISSUES OF: DISTRICT,-SECTION 27.80
'LAWFULLY EXISTING DE-
VELOPMENT'TO ADDRESS
11/28,1D 11192536 TTHE HE APPLI ABILITYBUIL OF
NG
CODE; AMENDING ARTI-
CLEAFFIANT FURTHER SAYS THAT THE SAID SUN-SENTINEL IS A NEWSPAPER INDUSTRIAL-
RESEARCH-OCH-OFFICE-COM- ,
PUBLISHED IN SAID BROWARD/PALM BEACH/MIAMI DADE COUNTY,FLORIDA, MERCIAL (IROC) DIS-
TRICT," 0.
AND THAT THE SAID NEWSPAPER HAS HERETOFORE BEEN CONTINUOUSLY ILAWU�r EXISTING DE-
PUBUSHED IN SAID BROWARD/PALM BEACH/MIAMI DADE COUNTY,FLORIDA, DE-
VELOPMENT-APPLICABILITY
OF ADDRESS,
THE APPLICABILITY OF!
EACH DAY,AND HAS BEEN ENTERED AS SECOND CLASS MATTER AT THE THE FLORIDA BUILDING
CODE; PROVIDING FOR
POST OFFICE IN FORT LAUDERDALE,IN SAID BROWARD COUNTY,FLORIDA, CONFLICTS; .PROVIDING
FOR A PERIOD OF ONE YEAR NEXT PRECEDING THE FIRST PUBLICATION OF FOR BILITY; -
VIDING F FOROR CODIFPROCA-
ATTACHED COPY OF ADVERTISEMENT;AND AFFIANT FURTHER SAYS THAT TION; FURTHER, PROVID-
ING FOR AN EFFECTIVE
HE/SHE HAS NEITHER PAID,NOR PROMISED,ANY PERSON,FIRM, OR DATE.
CORPORATION,ANY DISCOUNT,REBATE,COMMISSION,OR REFUND,FOR THE This ordinance affects
properties throughout the_
PURPOSE OF SECURING TH ADVERTISEMENT FOR PUBLICATION IN SAID city. For information
about or to Inspect the
NEWSPAPER. proposed amendments,
contact the City's Growth
Management Depart-
ment, 100 West Dania
Reach(SIGN LIRE OF AFFIANT) Florida,
954)n924-364ia 5
between the hours of 8:00
a.m. and 4:00 p.m.,Mon-
RRN TO AND SUBSCRIBED BEFORE ME day Friday.Interested par-
ties may appear at the
ON: 28-November-2002 , A.D. public hearing and be
heard with respect to the
proposed amendments
In accordance with the
Americans With Disabili-
ties Act,persons needing
assistance to participate
(SIGNATURE OF NOTARY PUBLIC) in any of these proceed-
ings should contact Char-
.io!!"•�':'°( Tara L Beza lene Johnson, City Clerk,
•` ':= M)'COMMISSION# DD024939 EXPIRES 100 N. Dania Beach Blvd.
Dania Beach, FL 33004,
Jul)/20, 2005 (9S4)924-3622,at least 48
ovor,ru�u-Poi FAIN NSUPANCF wC hours prior to meeting
Any person who decides
to apppeal any decision-
made
by the Dania Beach;
(NAME OF NOTARY,TYPED,PRINTED, OR STAMP ) City Commission with re-
gard to any matmr consid-
ered at this meeting or
PERSONALLY KNOWN OR hearing will need a record
of the proceedings and for
such purpose may need to
PRODUCED IDENTIFICATION ensure that a verbatim
record of the proceedings
cl made,which record
cludes the testimony and
'evidence upon which the
appeal Is to based.
Lou Ann Cunningham
Planning Technician
Novemb&r 28,2002
t .
AGENDA REQUEST FORM
CITY OF DANIA BEACH •
AG
ENDA ITEM NO.
1. DATE OF COMMISSION MEETING: DECEMBER 10, 2002
2. DESCRIPTION OF AGENDA ITEM: PUBLIC HEARING—ORDINANCE NON-CONFORMING
USES
3. COMMISSION ACTION BEING REQUESTED: ADOPT ORDINANCE ON 2ND READING
4. SUMMARY EXPLANATION & BACKGROUND:
AN ORDINANCE AMENDING CHAPTER 28 "ZONING' OF THE CODE OF ORDINANCES
OF THE CITY OF DANIA BEACH, FLORIDA, BY AMENDING ARTICLE 2. "DEFINITIONS,"
SECTION 2.10. "DEFINITIONS" TO DEFINE TERMS RELATED TO NONCON FORM ITIES;
AMENDING ARTICLE 8 "NONCONFORMITIES" TO REVISE THE STANDARDS
APPLICABLE TO NONCONFORMITIES WITHIN THE CITY OF DANIA BEACH;AMENDING
ARTICLE XXVI1. "INDUSTRIAL-RESEARCH-OFFICE-MARINE (IROM) DISTRICT,"
SECTION 27.80 . "LAWFULLY . EXISTING DEVELOPMENT' TO ADDRESS THE
APPLICABILITY OF THE FLORIDA BUILDING CODE; AMENDING ARTICLE XXX.
"INDUSTRIAL-RESEARCH-OFFICE-COMMERCIAL (IROC) DISTRICT," SECTION 30.80
"LAWFULLY EXISTING DEVELOPMENT" TO ADDRESS THE APPLICABILITY OF THE
FLORIDA BUILDING CODE; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CODIFICATION; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST):
Staff Report
Ordinance
Public Hearing Notice
6. FOR PURCHASING REQUESTS ONLY: Dept: Amount: $
7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA:
Submitted by:
Laurence G. Leeds, AICP, Director Date December 2, 2002
Growth Management Department
City Manager Date
GROWTH MANAGEMENT DEPARTMENT
STAFF REPORT
TO: Ivan Pato, City Manager
G. e"
FROM: Laurence Leeds, AICP, Director
Growth Management Department
DATE: December 10, 2002 City Commission Meeting
RE: Amendments to Non-Conforming Use Regulations
(SECOND READING — PUBLIC HEARING)
APPLICANT: City Commission
EXPLANATION
The attached ordinance was prepared by the City Attorney at the request of the City
Commission. The ordinance applies to the entire city with some exceptions.
A summary of major changes include the following:
1) LOSS OF NON-CONFORMING STRUCTURE STATUS (setback, landscaping,
lack of parking, etc.) occurs when 75% or more of the existing floor area is made
unsafe or unusable by fire or other casualty or act of God.
The proposed language defines loss of non-conforming structure status by the
term "Substantial Damage." Substantial damage is damage from any origin
sustained by a structure where the cost of restoring the structure to its condition
prior to damage would equal or exceed fifty (50) percent of the adjusted
replacement cost of the structure before the damage occurred, as assessed
through current R. S. Means construction cost data publications.
"Loss of non-conforming status" is specifically defined as the replacement of any
two exterior walls and the roof within a period of one year, or, any repair,
reconstruction or improvement of a structure within a period of one year, the
cost of which equals or exceeds fifty (50) percent of the market value of the
structure, as determined by the Office of the Property Appraiser of Broward
County, either (1) before the improvement or repair is started, or (2) if the
structure has been damaged and is being restored, before the damage occurred.
This language is intended to define the point at which demolition and restoration
is so extensive that the building must either conform to code or be demolished.
2) ABANDONMENT OF NONCONFORMING USE OF LAND is now defined as
failure to use a nonconforming use for a period of one year.
The proposed language defines abandonment as failure to use a nonconforming
use for a period of six months except where governmental action impedes access
to the premises.
Staff currently argues that failure to obtain an occupational licensee for one year
is evidence of abandonment. Proving loss of non-conformity in six months will
present evidentiary challenges not currently faced by the City.
3) DEFINITION OF NON-CONFORMING USE OF LAND. The proposed
language states that the 'casual, temporary, or illegal use of land" shall not be
sufficient to establish the existence of a nonconforming use or to create rights in
the continuance of such use.
4) EXCEPTIONS. Exceptions are made for Historic Designated Properties
(Estimated 12 sites in the City) and work required to comply with building and
life safety code requirements.
Loss of non-conforming status for buildings and structures in IROMAROC zoning
districts will still be defined in terms of loss of a percentage of gross floor area.
This was recommended by the City Attorney in August, 2000 to reduce the
likelihood of property rights challenges.
PLANNING AND ZONING ADVISORY RECOMMENDATION
Approval.
Cc: Tom Ansbro, City Attorney
Susan Trevarthan, Assistant City Attorney
Ken Koch, Building Official
William Johnson, Chief Zoning/Code Officer