HomeMy WebLinkAboutO-1974-044 c
I
ORDINANCE NO. 44
i
AN ORDINANCE PROVIDING FOR A DETERMINATION AS
TO WHEN AN EXISTING NON-CONFORMING USE SHALL
BE DEEMED TO BE DISCONTINUED OR ABANDONED; AND
DISTINGUISHING BETWEEN LAND NON-CONFORMING USES
AND BUILDING NON-CONFORMING USES; AND REPEALING
j ALL ORDINANCES OR RESOLUTIONS IN CONFLICT; AND
PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the City of Dania desires to adopt definite standards,
or definite periods, for a determination as to when an existing non-
. �
conforming use shall be deemed to be discontinued or abandoned; and
r
WHEREAS, the City of Dania recognizes, and desires to dis-
tinguish, between land non-conforming uses and building non-conforming i
1
uses, all under the provisions as hereinafter set forth,
j
{ NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
,
,
j CITY OF DANIA, FLORIDA:
lu
Section 1. Change of non-conforming use
I
(1) In any residential district, any change of a non-conforming i
use in a conforming building shall be to a conforming use. i
1
1
(2) In any residential district, a non-conforming use in a
non-conformingbuilding shall be changed only to a use 4 g y permitted in
the particular residential district involved, except as provided in
sub-paragraph (3) below.
i
j (3) There may be change of tenancy, ownership or management
of a non-conforming use provided there is no change in the nature {
i
{ or character of such non-conforming use, except as may be permitted
i
by any other provision of this ordinance.
(4) In a non-residential district, a non-conforming use in I
1
a non-conforming structure may be replaced by a new or different
1
juse permissible in the same zoning district as the original non-
conforming use or in a more restricted zoning district, if the
Planning and Zoning Board, after public hearing, finds that the new
or different use will be less detrimental to the surrounding
I I ,
-1-
F71'
I
neighborhood than the old use, and recommends to the city commission
i
the new or different use as being in accordance with the spirit and
i
purpose of this ordinance. The city commission shall then act upon
such recommendation without any further advertised hearing being
required.
(5) Any change of a non-conforming use of land, except as
incidental to a change of a non-conforming use of a non-conforming
structure permitted and approved under sub-paragraph (4) above, shall
be to a conforming use.
Section 2. Discontinuance or abandonment of a non-conforming use
(1) If for any reason a non-conforming use of land ceases
or is discontinued for a period of more than 60 days, the land
shall not thereafter be used for a non-conforming use, except for
)
agricultural uses where the discontinuance may be for a period of
not more than six months.
(2) If for any reason the non-conforming use of a building
a
ceases or is discontinued for a period of six months or more, the
building shall not thereafter be used for a non-conforming use.
(3) Any part of a building, structure or land occupied by a
non-conforming use, which use is abandoned, shall not again be
occupied or used for a non-conforming use.
I
(4) Any part of a building, structure or land occupied by a
non-conforming use which is changed to or occupied by a conforming
i
i use shall not thereafter be used or occupied by a non-conforming use.
{
Section 3 . That all ordinances, or resolutions, or parts of
Ii
ordinances or resolutions, in conflict herewith be and the same are
1 hereby repealed to the extent of such conflict.
Section 4. That this ordinance shall be in force and take
effect immediately upon its final passage and adoption.
PASSED and ADOPTED on First Reading on the 7th day of January,
1974.
i PASSED and ADOPTED on Second Reading on the 25th day of February,
( 1974 .
Attest: a or- ommiss oner
CityClerk-Auditor
-2-
WALDEN AND DTTBON'
ATTORNEY.' AT LAN'
DANIA, FLORIDA 33004
CLARKE WALDEN
ROBERTE. DUBOW March 28, 1974
(Dictated March 26, 1974)
1
Mrs. Wanda Mullikin
City Clerk-Auditor
City of Dania
Dania, Florida 33004
Re: Our file number M-146
Ordinances
Our file number M-1133
City of Dania - ordinance, deter-
mination as to abandonment of
existing non-conforming use
Binder notes of regular meeting of
City Commission - January 7, 1974
Binder notes of regular meeting of
i City Commission - February 25 , 1974
Dear Mrs. Mullikin:
On January 7, 1974, the commission passed on first reading an
ordinance determining the abandonment of an existing non-conforming
use.
The ordinance was passed on second and final reading on
f February 25, 1974.
I enclose the original ordinance to which I have assigned
the number, 44, for your file, and I request that you file same in
1 your file of ordinances.
:
Yours very truly,
j Clarke Walden
CW/dms
Encls.
i
I
i
i
j