Loading...
HomeMy WebLinkAboutOrdinance 2003-36 Non Conforming Uses/Structures ORDINANCE NO. 2003-36 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AMENDING THE CITY CODE RELATING TO THE REGULATION OF NONCONFORMING USES AND STRUCTURES; PROVIDING FOR INTENT; PROVIDING FOR CONTINUANCE AND REGULATION OF LAWFUL NONCONFORMITIES UNDER THE REQUIREMENTS SET FORTH HEREIN; PROVIDING FOR THE ISSUANCE OF SPECIAL PERMITS BY THE CITY COMMISSION FOR THE CONTINUANCE OF SOME NONCONFORMITIES THAT WOULD OTHERWISE BE TERMINATED WHEN CIRCUMSTANCES DEMONSTRATE THAT THE OVERALL COMMUNITY AND PUBLIC POLICY OBJECTIVES OF THE CITY WILL BE PROMOTED AND ENHANCED; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City recognizes the interests of property owners in the continuation of otherwise lawful uses and structures prior to the adoption ofthe City Code or lawfully permitted under the City Code, but which would be prohibited, regulated or restricted under the terms of the current City Code or subsequent amendments thereto; and WHEREAS, the City desires a clear, concise, and uniform regulation regarding the continuation of lawful nonconforming uses and structures unless otherwise more specifically regulated under the City Code; and WHEREAS, this Ordinance is in the best interests ofthe public health, safety, and welfare of the citizens of Winter Springs. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings ofthe City Commission of Winter Springs. Section 2. Code Amendment, Chapter 9. The City of Winter Springs Code, Chapter 9, entitled Land Development, is hereby amended as follows (underlined type indicates additions and type City of Winter Springs Ordinance No. 2003-36 Page 1 of 10 indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 9. It is intended that the text in Chapter 9 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 9. LAND DEVELOPMENT * * * ARTICLE IV. REQUIRED IMPROVEMENTS * * * Division 6. Off-Street Parking and Loading * * * Sec. 9-278. General provisions for off-street parking. * * * ARTICLE XI. NONCONFORMITIES Sec. 9-561. Intent: rules of interpretation: buildine and fire codes: definitions. (a) Intent. This article is intended to permit the continuation of those lots. structures, uses. characteristics of use, or combinations thereof, which were lawful before the passage of the City Code or which at one time had been lawfully permitted under the City Code. but which would be prohibited, regulated or restricted under the terms of the current City Code or future amendments thereto. This article is designed to provide standards and guidelines for the control and management of nonconforming uses and non-complying buildings and structures, especially in regulating changes in the use ofland or in the buildings or structures, including quality, volume or intensity, location, ownership or tenancy. accessory and incidental uses, extension, enlargement. replacement. or any other change in characteristic. It is the intent of this article to permit these nonconformities and non-compliances to continue until they are removed through discontinuance. abandonment or amortization, but not to encourage their continuation unless otherwise authorized under this article either expressly or by special permit. Such nonconforming uses and structures are declared by this article to be incompatible with permitted uses in the zoning districts involved unless the City Commission issues a special permit based upon evidence that special circumstances exist in accordance with the standards set forth in City of Winter Springs Ordinance No, 2003-36 Page 2 of 10 this article. It is further the intent of this article that nonconforming uses and structures shall not be enlarged upon, expanded, increased or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same zoning district unless otherwise provided by special permit under this article. (b) Rules for interpretation. Nothing in this article shall be interpreted as authorization for or approval of the continuation of any illegal use of a building, structure or land or illegal structure or building that was in violation of any ordinance in effect at the time of the passage of this article or anv amendments thereto. The casual. intermittent. temporary or illegal use ofland, building or structure or construction of an unlawful structure shall not be a basis to establish the existence of a nonconforming use or structure. A lawful building permit issued for any building or structure prior to the enactment ofthis article, the construction of which is in conformity with approved site plans, if applicable, and building plans shall not be affected bv this article if the building or structure is built in full compliance with the City Code as it existed at the time of the issuance ofthe building permit. In the event there is a conflict with the provisions of this article and a specific amortization provision requiring the removal or modification of a nonconforming structure or discontinuance of a nonconforming use of land, the provision which requires the nonconformity to come into compliance with the current City Code the earliest shall apply. (c) Building and fire codes. No provision contained in this article, or elsewhere in the City Code, shall nullify. void, abrogate or supercede any requirement contained in a building or fire code that is duly enacted by law. (d) Definitions, As used in this article, the following words shall have the meaning ascribed unless the context clearly indicates otherwise: (1) Lot of record shall mean a lot which is part of a subdivision recorded in the official record books of Seminole County. Florida, or a parcel ofland described by metes and bounds legal description, the description of which has been recorded in the official record books of Seminole County, Florida. and complies with the subdivision of land regulations of the City. (2) Nonconforming or Nonconformity shall mean any lot. structure, use ofland or structure, or characteristic of any use or structure which was lawful at the time of subdivision. construction, or commencement. as the case may be, which over time no longer complies with the City Code or other applicable law due to a subsequent change ofthe City Code or other law. Sec. 9-562. Continuance of lawful nonconformin~ uses and structures. (a) Continuance of nonconforming uses. A nonconforming use lawfully existing at the time of the enactment of the City Code or any subsequent amendment thereto may be continued subiect to the following provisions: City of Winter Springs Ordinance No, 2003-36 Page 3 of 10 (1) No such nonconforming use shall be enlarged or increased. nor extended to occupy a greater area ofland than was occupied at the adoption or subsequent amendment of the City Code; unless such use is changed to a use permitted in the district in which such use is located; (2) No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the adoption or subsequent amendment of the City Code; (3) If any such nonconforming use of land ceases for any reason for a period of more than one hundred eighty (180) consecutive days, any subsequent use of such land shall conform to the regulations specified by the City Code for the zoning district in which such land is located; and (4) No additional structures which do not conform to the requirements of the City Code shall be erected in connection with such nonconforming use of land. (b) Continuance of nonconforming structures. The lawful use of a nonconforming structure may be continued subiect to the following provisions: (1) No such structure may be enlarged or altered in a way which increases its nonconformity; (2) Any structure or portion thereof may be altered to decrease its nonconformity; (3) Should such structure be damaged by any means, such that the cost of repair or reconstruction exceeds sixty (60) percent of the assessed value of the structure at the time of damage, it shall not be repaired or reconstructed except in conformity with the provisions of the City Code; and (4) Should such structure be moved for any reason for any distance whatsoever, it shall thereafter conform to the regulations of the zoning district in which it is located after it is moved. Notwithstanding any of the above, upon any nonconforming lot of record as described in this article, that is improved with a single-family dwelling as of the date of the adoption of the City Code or lawfully permitted under the City Code. a single-family dwelling may be rebuilt within the original footprint of the dwelling structure existing as of the date of the adoption of the City Code or subsequent amendment. without regard to area. width, yard, or setback requirements. Sec. 9-563. Nonconforming lots of record. In any zoning district in which single-family dwellings are permitted. notwithstanding limitations imposed by other provisions of the City Code, a single-family dwelling and customary accessory buildings may be erected on any lot of record. This provision shall apply even though such lot fails to meet the City of Winter Springs Ordinance No, 2003-36 Page 4 of 10 requirements for area or width, or both, that are generally applicable in the zoning districts, provided that yard dimensions and other requirements shall conform to the regulations for the district in which such lot is located. Variances of yard dimensions other than area or width, or both, shall be obtained only through action of the City Commission If two (2) or more lots of record with continuous frontage are under single ownership, and all or part of the lots do not meet the requirements for lot width and area as established by the City Code, the lands involved shall be considered to be an undivided parcel for the purposes of development and this article. No portion of said parcel shall hereafter be created and used as a separate parcel or sold or otherwise subdivided which does not meet lot width and area requirements established by the City Code unless all or part of the parcel is sold in order to create a lot meeting the requirements of the City Code. Notwithstanding this aggregation of land requirement a single-family dwelling and customary accessory buildings may be erected on any such single lot of record in a residential zoning district provided the land density requirements of the comprehensive plan are satisfied and the proposed single-family dwelling and any customary accessory building are compatible to the surrounding neighborhood with respect to property values and building size. For purposes ofthis paragraph, compatible shall mean substantially similar to or exceeds the property values and building size of other single-family dwellings and customary accessory buildings in the surrounding neighborhood. Sec. 9-564. Nonconformine uses of structures or of structures and premises in combination. If a lawful use involving individual structures, or of structure and premises in combination, exists at the adoption or subsequent amendment of the City Code. that would not be allowed in the zoning district under the terms of the City Code, the lawful use may be continued so long as it remains otherwise lawful. subiect to the following provisions: (1) No existing structure devoted to a use not permitted by the City Code in the district in which it is located shall be enlarged, extended. constructed, reconstructed, moved or structurally altered except in changing the use of the district in which it is located: (2) Any nonconforming 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 amendment of this article 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 nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district in which such structure is located, and the nonconforming use may not thereafter be resumed: and (4) Where nonconforming use status applies to a structure and premises in combination, removal or destruction ofthe structure shall eliminate the nonconforming status of the land. Destruction for the purposes of this subsection shall mean damage by any means, such that the cost to repair or reconstruct the structure exceeds sixty (60) percent of the assessed value of the structure at the time of damage. City of Winter Springs Ordinance No, 2003-36 Page 5 of 10 Sec. 9-565. Abandonment. (a) A nonconforming use of a building or premises which has been abandoned shall not thereafter be returned to such nonconforming use. A nonconforming use shall be considered abandoned: (1) When the intent of the owner to discontinue the use is apparent: or (2) When the characteristic equipment and the furnishings of the nonconforming use have been removed from the premises and have not been replaced by similar equipment within one hundred eighty (180) days, unless other facts show intention to resume the nonconforming use: or (3) When it has been r~laced by a conforming use: or (4) Where the use is discontinued or abandoned for a period of more than one hundred eighty (180) consecutive days or for eighteen (18) months ( 545 days) during any three-year period. (b) In the event a more specific abandonment discontinuance, or amortization provision is stated elsewhere in this City Code for a specific nonconforming structure, land use. or land area. the abandonment discontinuance, and amortization provision which requires the nonconformity to come into compliance with the current City Code the earliest shall apply. (c) No provision contained in this article. or elsewhere in the City Code regarding the abandonment discontinuance. or amortization of nonconforming structures or land uses shall nullify, void, or abrogate any similar provision contained in a duly executed binding development agreement approved by the City Commission. Sec. 9-566. Repairs and maintenance. (a) Minor repairs to and routine maintenance of nonconforming structures are permitted and encouraged. Maior renovation, repair, or replacement work on nonconforming structures shall be authorized by the City Commission pursuant to Section 9-568 or by building permit provided the following conditions are satisfied: (1) The renovation, repair. or replacement work complies with applicable building codes. (2) No violation of Sections 9-562. 9-564, 9-565 exists. (3) The permittee shall comply to the extent reasonably possible with all other applicable provisions of this article. (4) There are no pending code enforcement actions or liens existing on the subiect property. City of Winter Springs Ordinance No, 2003-36 Page 6 of 10 (5) The cost of any renovation. repair, or replacement work on the structure in any twelve (12) month period does not exceed twenty-five (25) percent of the assessed value of the structure at the time that the work is performed. (b) Nothing in this ordinance shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety. upon order of such official. However, this subsection shall not be construed as a means of circumventing the intent of this article calling for the elimination of nonconforming structures by allowing a nonconforming structure to be substantially rebuilt so as to extend the ordinary and natural life of a nonconforming structure. (c) This section does not apply to structures used for single-family purposes which structures may be renovated, repaired. or replaced in accordance with a lawfully issued building permit. Sec. 9-567. Temporary uses. The casual. intermittent. temporary or illegal use of land or structures. or construction of an unlawful structure, shall not be sufficient to establish the existence of a nonconforming use or structure. Such use or structure shall not be validated by the adoption of this article or amendments hereto unless it complies with the terms of the City Code. Sec. 9-568. Special Permit. (a) The intent and purpose of this section is to recognize that there are limited and special circumstances where overall community and public policy obiectives of the City encourage, and shall be served by, the continuation of some nonconforming uses and structures provided said uses and structures are not detrimental to the surrounding neighborhood and to the community values established in the City's Comprehensive Plan and City Codes. The City Commission desires to establish specific standards for this category of special permit in order to allow the continuation of some nonconforming uses and structures notwithstanding any contrary provisions of this article or City Code. (b) The City Commission at a duly held public hearing may grant a special permit to allow the continuation of a nonconforming use or structure provided the following terms and conditions are strictly satisfied: (1) The owner of the property on which the nonconforming use or structure exists files a special permit application provided by the City: and (2) The applicant demonstrates that the continuation of the nonconforming use or structure: a. is capable of contributing in a positive way to the character and serves the need of the community including re-occupancy for the accommodation of neighborhood walk-to-service uses, walk-to-work opportunities, and live-work spaces: reuse of City of Winter Springs Ordinance No. 2003-36 Page 7 of 10 buildings with architectural or historic value: and reuse of buildings that generate a significant economic benefit to the community: and b. is compatible with, and not detrimental to. the surrounding neighborhood in terms of traffic. noise, parking, odor, light. intensity and land uses, hours of operation. landscaping, aesthetics, structural design, and density: and c, is consistent with the community values, obiectives. and policies established in the City's Comprehensive Plan and City Code. (c)The City Commission may impose conditions and safeguards as a condition of approval of any special permit granted under this section. Sec. 9-569 - 9-600. Reserved. Section 3. Code Amendment, Section 10-60. The City of Winter Springs Code, Section 10-60, entitled Zoning, is hereby amended as follows (underlined type indicates additions and type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance oftext existing in Section 10-60. It is intended that the text in Section 10-60 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): Sec. 10-60. Nonconforming uses. An adult entertainment establishment which on the effective date of this article does not comply with the distance requirements of Section 10-58 shall be subject to the nonconforming use provisions contained within Chapter 9. Article XL Division 4 of the City code of the City of Winter Springs, Florida. City of Winter Springs Ordinance No. 2003-36 Page 8 of 10 Section 4. Code Amendment, Chapter 16. The City of Winter Springs Code, Chapter 16, is hereby amended as follows (underlined type indicates additions and type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 16. It is intended that the text in Chapter 16 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 16. SIGNS AND ADVERTISING * * * ARTICLE III. SIGNS Sec. 16-51. Definitions. * * * Nonconforming sign is any sign which does not conform to the requirements of the City Code, * * * Sec. 16-56. Nonconforming signs. (a) Any sign which, when erected, conformed to the existing zoning regulations and subsequently is declared nonconforming due to the enactment of this division or any amendment to the zoning ordinance may remain, subject to the provisions of Chapter 9, Article XL and the following: * * * Section 5. Code Amendment, Section 20-233. The City of Winter Springs Code, Section 20-233, is hereby amended as follows (underlined type indicates additions and type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Section 20-233. It is intended that the text in Section 20-233 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): Sec. 20-233. Reserved. City of Winter Springs Ordinance No, 2003-36 Page 9 of 10 Section 6. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 7. Incorporation Into Code. This Ordinance shall be incorporated into the Winter Springs City Code and any section or paragraph number or letter and any heading may be changed or modified as necessary to effectuate the foregoing. Section 8. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 9. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to City Charter. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the 13th day of October, 2003. John F. Bush, Mayor ATTEST: Andrea Lorenzo-Luaces, City Clerk Approved as to legal form and sufficiency for the City of Winter Springs only: Anthony A. Garganese, City Attorney First Reading: September 22, 2003 Second Reading: October 13, 2003 Effective Date: See Section 9. City of Winter Springs Ordinance No, 2003-36 Page 10 of 10 Orlando Sentinel Published Daily State of Florida } S.S. COUNTY OF ORANGE Before the undersigned authority personally appeared Linda Bridgewater , who on oath says that he/she is the Legal Advertising Representative of Orlando Sentinel, a dally newspaper published at ALTAMONTE SPRINGS in SEMINOLE County, Florida; that the attached copy of advertisement being a NOTICE is hereby in the matter of OCT. 13 in the SEMINOLE Court was published in said newspaper in the issue; of 10/02/03 Affiant further says that the said Orlando Sentinel is a newspaper published at ALTAMONTE SPRINGS in said SEMINOLE County, Florida, and that the said newspaper has heretofore been continuously published in said SEMINOLE County, Florida, each week Day and has been entered as second-class mail matter at the post office in ALTAMONTE SPRINGS in said SEMINOLE County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he/she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. The foregoing instrument was acknowledged before me this 2nd day of Oct. , 2003, by Linda Bridgewater who is personally known to me and did take an oath. (SEAL) Beverly C. Simmons NOTICE IS HEREBY GIVEN THAT THE CITY OF WINTER SPRINGS PROPOSES TO ADOPT THE FOLLOWING ORDI- NANCES TO THE WINTER SPRINGS CODE OF ORDI, NANCES: NOTICE OF AMENDMENT OF SEC- TION 5, TREE PROTECTION AND PRESERVATION ORDINANCE NO. 2003-22 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AMENDING CHAPTER 5 OF THE CODE OF ORDI, NANCES ENTITLED TREE PROTECTION AND PRESERVATION; PRO- VIDING FOR THE RE- PEAL OF PRIOR INCON- SISTENT ORDINANCES AND RESOLUTIONS; IN- CORPORATION INTO THE CODE, SEVERABILITY, AND AN EFFECTIVE DATE. NOTICE OF AMENDMENT RELAT. ING TO THE REGULATION OF NON. CONFORMING USES AND STRUC- TURES ORDINANCE NO, 2003.36 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AMENDING THE CITY CODE RELATING TO THE REGULATION OF NON- CONFORMING USES AND STRUCTURES; PROVID- ING FOR INTENT; PRO- VIDING FOR CONTINU- ANCE AND REGULATION OF LAWFUL NONCON- FORMITIES UNDER THE REQUIREMENTS SET FORTH HEREIN; PRO- VIDING FOR THE ISSU- ANCE OF SPECIAL PER- MITS BY THE CITY COMMISSION FOR THE CONTINUANCE OF SOME NONCONFORMITIES THAT WOULD OTHER- WISE BE TERMINATED WHEN CIRCUMSTANCES DEMONSTRATE THAT THE OVERALL COMMU- NITY AND PUBLIC POLl, CY OBJECTIVES OF THE CITY WILL BE PROMOT- ED AND ENHANCED; PROVIDING FOR THE RE- PEAL OF PRIOR INCON- SISTENT ORDINANCES AND RESOLUTiONS; IN- CORPORATION INTO THE CODE, SEVERABILITY, AND AN EFFECTIVE DATE, NOTICE OF AMENDMENT OF SEC. TlON 10-136, EXEMPTING NON. COMMERCIAL ACTIVITY FROM PERMIT REQUIREMENTS ORDINANCE NO. 2002-24 AN ORDINANCE OF THE CiTY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AMENDING SECTION 10, 136 OF THE CITY CODE OF ORDINANCES, EX- EMPTING NON-COMMER- CIAL ACTIVITY FROM PERMIT REQUIRE- MENTS; ESTABLISHING REQUIREMENTS FOR THE GRANT, DENIAL AND REVOCATION OF PERMITS; PROVIDING FOR THE REPEAL OF IN- CONSISTENT ORDINANC- ES AND RESOLUTIONS; PROVIDING FOR INCOR- PORATION INTO THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EF- FECTIVE DATE, PUBLIC HEARINGS FOR THE 2ND AND FINAL READING ON THE PROPOSED ORDINANCES WILL BE HELD ON.MON- DAY, OCTOBER 13, 2003 AT 6:30 P.M. OR SOON THEREAFTER, I N THE COMMISSION CHAM- BERS LOCATED AT THE WINTER SPRINGS CITY HALL 1126 EAST STATE ROAD 434; WI NTE R SPRINGS, FLORIDA Interested parties are ad- vised that they may appear at the meeting and be heard with respect to the proposed ordinances. The proposed ordinances may be inspect- ed by interested parties be- tween 8 a.m. and 5 p.m., Mondav through Friday, at the City's Clerk's Office, lo- cated at 1126 East State Road 434, Winter Springs, Florida, For more informa- tion call (407) 327-1800 #227. Persons with disabilities needing assistance to partic- ipate in any of these pro- ceedings should contact the Employee Relations Depart- ment Coordinator, 48 hours in advance of the meeting at (407) 327-1800, Extension 236, This is a public hearing, If you decide to appeal any recommendation/decision made by the City Commis- sion with respect to any matter considered at this meeting, you will need a re- cord of the proceedings, and for such purposes, you may need to ensure that a verba- tim record of the proceed- ings is made upon which the appeal is based. CSE 5273114 10/2/03