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HomeMy WebLinkAboutOrdinance No. 41-1973MICROFILMED 3-14-80 ORDINANCE NO. 41 -73 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 12 -71 AS AMENDED, AMENDING PROVISIONS REGARDING NON- CONFORMING LOTS, NON - CONFORMING USES OF LAND, NON - CONFORMING STRUCTURES AND NON - CONFORMING USES; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, AS FOLLOWS: SECTION 1. Ordinance No. 12 -71 as Amended, is hereby amended as follows: Section VI is hereby deleted in its entirety and the following is substituted therefor: "VI. LEGALLY ESTABLISHED NON - CONFORMING LOTS, NON- CONFORMING STRUCTURES AND NON - CONFORMING USES. 1. Intent Within the districts established by this Ordinance (or amend- ments which may later be adopted), there exist lots, structures, placement of structures, uses of land and /or structures, and characteristics of use which were lawful prior to enactment of this ordinance (or amendment hereof), but which would be prohibited, regulated, or restricted under the terms of this ordinance (or amendment hereof). It is the intent of this Ordinance to permit these non - conformities to continue, but not to encourage their continuance. Such non- conformities are hereby declared incompatible with permitted lots, structures, placement of structures, uses and characteristics of use in the applicable districts. It is further the intent of this Ordinance that non - conformities shall not be used as grounds for adding other structures or uses prohibited elsewhere in the same district. 2. Non- Conforming Lots of Record a. In any district in which single family dwellings are per- mitted, notwithstanding limitations imposed by other provisions of this Ordinance, a single family dwelling and customary accessory ORD lig-7Y PAGE / OF t MICROFILMED 3.14-80 buildings may be erected, constructed, repaired, enlarged, extend- ed, rebuilt, reconstructed or structurally altered on any single lot of record at the effective date of adoption or amendment of this ordinance. Such lot must be in separate ownership and not of con- tinuous frontage with other lots in the same ownership in the same zoning district. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district, provided that yard dimensions, maximum lot coverage requirement, building set -back lines and other requirements not involving area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located. b. If two or more lots or combinations of lots and portions of lots with continuous frontage in single ownership in the same zoning district are of record at the time of passage or amendment of this ordinance, and if all or part of the lots do not meet the re- quirements for lot width and area as established by this ordinance, the lands involved shall be considered to be an undivided parcel for the purposes of this ordinance, and no portion of said parcel shall be used or sold which does not meet lot width and area re- quirements established by this ordinance, nor shall any division of the parcel be made which leaves remaining any lot with width or area below the requirements in this ordinance. 3. Non - Conforming Structures Where a lawful structure exists at the effective date of adop- tion or amendment of this ordinance that could not be built under the terms of this ordinance by reason of restrictions on area, lot coverage, height, yards, or other characteristics of the structure or its location on the lot, such structure may be continued so long as it remains otherwise lawfully subject to the following provisions: ORD Y1 -73 PAGE F MICROFILMED 3 -14130 a. Such structure may not be enlarged or altered in a way which increases its non - conformity, but any structure or portion thereof may be altered to decrease its non - conformity. b. Should such structure be destroyed by any means to an extent of more than 50 percent of its replacement cost at time of destruction, it shall not be reconstructed except in conformity with the provisions of this ordinance. c. Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations of the district in which it is loc...A.ted after it is moved. d. Where a lawful dwelling structure, located on a single lot of record, exists at the effective date of adoption or amend- ment of this ordinance that could not be built under the terms of this ordinance, such structure may be repaired, enlarged, ex- tended, rebuilt, reconstructed, or structurally altered, provided that yard dimensions, maximum lot coverage requirement, build- ing set -back lines, and other requirements of the additional structure conform to the regulations for the district in which such lot is located. Any additional construction (to an existing structure that encroaches on yard requirements) must conform to the yard requirements of the zoning district. Any legally estab- lished encroachment on yard requirements may be repaired, re- built, reconstructed, or structurally altered, (but not enlarged or extended) provided the encroaching portion of the structure is an integral part of the structure. 4. Non - Conforming Uses a. Non - Conforming Uses of Land In any zoning district, at the effective date of adoption or amendment of this ordinance, where lawful use of land exists that is made no longer permissible under the terms of this ordinance as enacted or amended, and where such ORD H -73 PACE 3 OF g MICR OFILMED 344-30 use involves no individual structure with a replacement cost exceeding $1, 000.00, such use may be continued, so long as it remains otherwise lawful, subject to the following provisions: (1) No such non - conforming use shall be enlarged, increased, or extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this ordinance; unless such use is changed to a use permit- ted in the district in which such use is located. (2) No such non - conforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of this ordinance. (3) If any such non - conforming use of land ceases for any reason for a period of more than 90 consecutive days, any subsequent use of such land shall conform to the regula- tions specified by this ordinance for the district in which such land is located. (4) No additional structure which does not conform to the requirements of this ordinance shall be erected in connec- tion with such non - conforming use of land. b. Non - Conforming Uses of Structures or of Structures and Premises in Combination If a lawful use involving individual structures or of structures and premises in combination (with a replacement cost of $1, 000.00 or more per individual structure), exists at the effective date of adoption or amendment of this ordinance, that would not be allowed in the district under the terms of this ordinance, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions: (1) No existing structure devoted to a use not permitted by this ORD L/ -73 PAGE OF s' te.. � MICROFILMED 344 O ordinance in the district in which it is located shall be en- larged, extended, constructed, reconstructed, moved or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located. (2) Any non - conforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amend- ment of this ordinance, but no such use shall be extended to occupy any land outside such building. (3) Any structure, or structure and land in combination, in or on which a non - conforming use is superseded by a permit- ted use, shall thereafter conform to the regulations for the district in which such structure is located, and non- conform- ing use may not thereafter be resumed. (4) When a non - conforming use of a structure, or structure and premises in combination, is discontinued or abandoned for six consecutive months or for eighteen months during any three year period (except when government action impedes access to the premises), the structure, or structures and premises in combination, shall not thereafter be used ex- cept in conformance with the regulations of the district in which it is located. (5) Where non - conforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the non - conforming status of the land. Destruction far the purpose of this subsection is defined as damage to an extent of more than 50 percent of the replacement cost at time of destruction. (6) The following schedule shall be followed in terminating non- conforming use of structures or of structures and premises, ORD Ate -73 PAGE 3'01F S F MICROFILMED 344-80 except for residential uses. Such termination period shall commence on the effective date of this ordinance (or amend- ment): Assessed Valuation of Time Allowance Before Improvements Termination $1,000.00 - $2,499.00 2,500.00 - 4,999.00 5,000.00 - 9,999.00 10, 000.00 - 24, 999.00 25, 000.00 - 49, 999.00 50, 000.00 - over 5 years 10 years 20 years 30 year s 40 years 50 years. Non - conformities not involving the use of a principal structure or accessory buildings, e.g., open storage, building supplies, implement and machinery storage, junk yards, commercial animal yards and the like, shall be discontinued within two (2) years of the effective date of this ordinance or amendment. (7) Any new or additional use which is non - conforming, shall not be permitted. 5. Repairs and Maintenance On any building devoted in whole or in part to any non- conforming use, work may be done in any period of twelve con- secutive months on ordinary repairs, or on repair or replace- ment of non - bearing walls, fixtures, wiring or plumbing to an extent not exceeding ten percent of the current replacement value of the building, provided that the cubic content of the building as it existed at the time of passage or amendment of this ordinance shall not be increased; and provided, further, that such repair or replacement shall not affect the "assessed valuation -time allow- ance before termination" settling the time limit for conformity, set forth in Paragraph VI 4. (b)(6) . Nothing in this Ordinance shall be deemed to prevent the strength- ening or restoring to a safe condition of any building or part thereof declared to be unsafe by anyofficial charged with ORD 'I - PAGE 6 OF g MICROFILMED 3.14-80 protecting the public safety, upon order of such official. 6. Structures and Uses Approved by Special Exception A Special Exception is not deemed non - conforming. Any structure or use for which a Special Exception is granted as provided in this ordinance shall be deemed, as to that particular Special Exception, to have all the rights and privileges of a conforming use; restricted, however, by the terms of that specific Special Exception as granted. 7. Variance A variance is a relaxation of the terms of the zoning ordinance where such variance is not contrary to the public interest and where conditions peculiar to a specific property indicate a hard- ship under the ordinance. Each variance is authorized only for height, area, structure size, yards, set -backs and open spaces. Establishment or uses otherwise prohibited shall not be allowed by variance; nor shall a variance be granted because of the presence of non - conformities in the zoning district or in an adjoining zoning district. Variance shall be obtained only through action of the Board of Adjustment. The specific terms of each variance are binding and may not be changed except by a new variance or by reversion to conformity with this ordinance. 8. Temporary Use s The casual, intermittent, temporary or illegal use of land or structures shall not be sufficient to establish the existence of a non - conforming use. Such use shall not be validated by the adoption of this ordinance unless it complies with the terms of this ordinance." SECS °PION 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed. D 41-13 PA a 7 OF g MICROFILMED 3 -14-86 *me - SECTION 3. This Ordinance shall become effective immediately upon its adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 6TH day of NOVEMBER , 1973. 1 City Attorney FIRST READING: OCTOBER 16, 1973 ADVERTISED: OCTOBER 1, 1973 POSTED: OCTOBER 17, 1973 SECOND READING: NOVEMBER 6, 1973 ..+..�'", ORD -73 PACE ' g OF