(a)

The lawful use of land existing at the time of the passage of this chapter (January 24, 1938) or an amendment thereto, although such use does not conform to the provisions hereof, may be continued. The lawful use of any building existing at the time of the passage of this chapter or of any amendment thereto may be continued, although such use does not conform with the provisions hereof, and such use may be extended through the building provided no structural alterations, except those required by law or ordinance, or ordered by an authorized officer to assure the safety of the building, are made therein. Such a nonconforming use shall be subject to all of the provisions of this chapter pertaining to its continuance, change and discontinuance.

(b)

Whenever a nonconforming use of a building has been discontinued for a period of one year or more, such nonconforming use shall not thereafter be reestablished, and the future use shall be in conformity with the provisions of this chapter.

(c)

The foregoing provisions shall also apply to nonconforming uses in districts hereafter changed.

(d)

A nonconforming use of land or building shall not be changed to any other use except one which would be permitted as a new use in the district in which the land or building is located.

(e)

The nonconforming use of a building may be extended throughout any part of a building clearly designed for such use but not so used on January 24, 1938. Any nonconforming use which occupies a portion of a building not originally designed or intended for such use, shall not be extended to any other part of the building. No nonconforming use may be extended to occupy any land outside the building, nor any additional building on the same plot not used for such nonconforming use at the effective date of this chapter, January 24, 1938. The nonconforming use of land shall not be extended to any additional land not so used at the effective date of this chapter, January 24, 1938.

(f)

Where a building designed or suitable for dwelling purposes existed at the effective date of this chapter, January 24, 1938, the village council may authorize the installation or extension of residential use within such building, provided there is no enlargement of the area or bulk of such building.

(g)

If for any reason a nonconforming use of land, building or structure ceases or is discontinued for a period of more than six months, the land shall not thereafter be used for a nonconforming use.

(h)

Any part of a building, structure or land occupied by a nonconforming use which use is abandoned, changed or occupied by a conforming use shall not again be occupied or used for a nonconforming use.

(Ord. No. 198, 3-13-90; Ord. No. 2011-007, § 2, 5-22-2012)

No structure used for a nonconforming use shall be enlarged, extended, reconstructed or structurally altered, unless the use is changed to one which complies with the provisions of this chapter. Repairs, maintenance and improvement may be carried out each year in an amount not to exceed 25 percent of the assessed value of the building for that year, provided such work does not increase the cubical content of the building nor the floor area devoted to the nonconforming use, nor increases the number of dwelling units. Nothing in this chapter shall prevent compliance with applicable laws or ordinances relative to the safety and sanitation of a building occupied by a nonconforming use.

Nothing in this article shall be taken to prevent the restoration of a building destroyed to the extent of not more than 50 percent of its reasonable value by flood, collapse, wind, war, fire, explosion or other casualty, or act of God, or the public enemy, nor the continued occupancy or use of such building after restoration.

If any residential building located in a residential district is damaged by flood, collapse, wind, war, fire, explosion or other casualty, or act of God, or the public enemy, the building may be repaired or reconstructed and used to house no greater than the number of dwelling units and no greater square footage or total living area in existence in the building prior to the damage, regardless of the extent of the damage, unless both the comprehensive plan and the applicable zoning district regulations in effect at that time permit a greater number of dwelling units. Reconstructed structures shall be subject to the applicable fire and building codes at the time of the issuance of building permits for the reconstruction.

No nonconforming structure as opposed to a structure used for nonconforming use shall be added to or altered in a fashion so as to increase the extent to which the structure is in violation of applicable regulations. A nonconforming structure may be added to or altered if such alteration or addition does not in itself constitute a further violation of existing regulations.

(Ord. No. 198, 3-13-90; Ord. No. 2011-007, § 2, 5-22-2012)

In any district in which single-family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on a single lot, tract or parcel of land of record as of March 13, 1990, notwithstanding limitations imposed by other provisions of this chapter. Such lot must be in separate ownership from adjacent frontage lots. This provision shall apply even though such lot fails to meet the requirements for area, width or depth, applicable in the zoning district in which the lot is located; provided, however, that yard dimensions and requirements other than those property regulations applying to area, width or depth of the lot shall conform to the regulations for the zoning district in which such lot is located.

(Ord. No. 198, 3-13-90; Ord. No. 2011-007, § 2, 5-22-2012)

(a)

It is the purpose of this article to promote the educational, cultural, economic and general welfare of the village through the preservation and protection of sites and districts of historic interest within the village and to preserve and protect the significant architectural phases of the community as it developed and grew in its historic past from the year 1925. Historic structures, sites, streets, squares and neighborhoods serve as visible reminders of the history and cultural heritage of this village. Their preservation strengthens the economy of the city by stabilizing and improving property values in historic areas by encouraging new buildings and developments that will be harmonious with the existing historic buildings and squares. It is also the purpose of this article to adopt appropriate regulations to ensure preservation of the historic sites and districts of the village.

(b)

The planning and zoning director shall prepare an appropriate plan of protection for the historic sites and districts in the village and shall also determine and recommend to the village council the appropriateness of historical sites, historical architectural features of any new building or the modification of existing buildings within the village of a historical nature. Such sites and districts should be eligible for listing by the National Trust for Historic Preservation or the Florida Inventory of Historical Sites, or be considered potentially eligible for such listing.

(c)

In the event of discovery of any historic or archaeological artifacts during land development activities, such activity shall be halted immediately in that area and the Division of Historical Resources in the Florida Department of State shall be notified. Development may commence after expiration of 90 days if no action is taken by the Division of Historical Resources. Proper protection, to the satisfaction of the Division of Historical Resources, shall be provided.

(d)

Historical sites shall be established by ordinance by the village council. Before the establishment of a historic district, the planning and zoning Director shall conduct studies and research and make a report on the historic significance of the exteriors of buildings, structures, features, sites, objects and surroundings in the city. The report shall comply with all provisions and criteria included in the National Historic Preservation Act of 1966.

(e)

After the designation of a historic site or district, no exterior portion of any building or other structure including walls, fences, light fixtures, steps and pavement, vegetation, or any other appurtenant features, or aboveground utility structure or any type of outdoor advertising sign shall be erected, altered, restored, moved or demolished within such district until after an application for a certificate of appropriateness as to exterior features has been submitted to and approved by the village council. Such certificate of appropriateness shall be issued only upon a determination by the village council that; (i) the action for which approval is sought in the application for a certificate of appropriateness would be in compliance with the standards and guidelines set forth in the United States Secretary of Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings, 1990 Edition, as may be amended from time to time ("the Secretary of Interior's Standards"), and (ii) no audible, visible or atmospheric element is out of character with the site. The secretary of interior's standards are hereby incorporated into the Code of Ordinances as if fully set forth herein.

(f)

Such a certificate must be issued by the village council prior to the issuance of a building permit. A certificate shall be required whether or not a building permit is required.

(g)

Nothing in this article shall be construed to prevent the ordinary maintenance or repair of any exterior feature in a historic site which does not involve a change in design, material, color or outer appearance thereof; nor shall this article prevent the construction, reconstruction, alteration, restoration or demolition of any such feature which the building inspector or similar official shall certify is required by the public safety because of an unsafe or dangerous condition.

(h)

Neither the owner of nor the person in charge of a structure within a designated site shall permit such structure or site to fall into a state of disrepair which may result in the deterioration of any exterior appurtenance or architectural feature so as to produce or tend to produce, in the judgment of the historic preservation board, a detrimental effect upon the life and character of the site in question.

(Ord. No. 2011-007, § 2, 5-22-2012)

(a)

Purpose and intent. The purpose and intent of the commercial development standards is to supplement existing development criteria with specific criteria that apply to the design of commercial buildings and projects. The commercial development standards also encourage and provide enhanced property development within the established Village of El Portal.

These standards and guidelines incorporate a basic level of architectural design with site design features that incorporate safe and convenient vehicular use areas and pedestrian ways; and streetscape features that intend to result in a comprehensive plan for building design; and site development consistent with the goals, policies and objectives of the Village of El Portal Comprehensive Plan.

Objectives to be attained through the commercial development overlay districts are as follows: a) protection of adjacent residential land uses; b) enhancement of the commercial status within the village limits; c) enhancement of physical appearance through increased landscaping within the village; d) implementation of Village of El Portal history through street furniture and streetscape; e) increase pedestrian-oriented facilities in both private and public structures; f) implementation of sign regulations within the commercial districts, g) establish development incentives to accomplish these objectives and h) achieve aesthetic compatibility throughout the village.

(b)

General provisions.

(1)

Underground utilities. In commercial developments, all utilities including telephone, television cable, and electrical systems shall be installed underground unless otherwise approved by the village manager. Primary facilities providing service to or passing through the site may be exempted from this requirement. Large transformers shall be placed on the ground and contained within pad mounts, enclosures or vaults. The developer or private utility shall provide adequate landscaping with shrubs and plants to screen all utility facilities permitted above ground, except for city electrical substations.

(2)

Screening requirements. All mechanical equipment including but not limited to heating, ventilating, air conditioning machinery, accessory communications equipment, public utility service fixtures, and elevator facilities shall be screened from the public view. All solid waste disposal facilities, such as dumpsters and similar facilities, shall be screened on all four sides from the public view. The front of a solid waste disposal facility shall be gated and shall consist of durable materials consistent with the overall design of the principal structure. All storage areas shall be screened from the public view and from adjacent residential zoning districts. Loading areas or docks, trash compaction, truck parking, recycling, rooftop equipment and other service functions shall be fully screened and out of view from adjacent properties and from the roadway. All screening shall be provided with a combination of landscape and building materials consistent with the architectural design of the principal structure. Screening shall extend at least one foot above the object to be screened, but fencing shall not exceed eight feet in height.

(3)

Pedestrian entrances. Major public entrances shall only be located along the following roads: NE 87 ^th Street, North Miami Avenue. NE 2 ^nd Avenue. Pedestrian entrances shall be consistent with the design and intended use of the commercial structure and shall be included with site plan submittal. A clearly designated pedestrian walkway shall be provided from public sidewalks to public entrances or walkways. Pedestrian walkways shall provide intermittent shaded areas when a walkway exceeds 100 linear feet in length at a ratio of 100 square feet of shaded area per every 100 linear feet of walkway.

(4)

Pedestrian cross-access. Pedestrian circulation shall be provided between or adjacent to commercial developments through the use of designated pedestrian walkways and similar pedestrian-oriented facilities. Designated pedestrian walkways allowing access to a commercial site for residents of adjacent residential developments shall be provided. Pedestrian features shall be consistent with the overall design of the project.

(5)

Vehicular cross-access. Where feasible, vehicular cross-access shall be provided between abutting or adjacent commercial developments. Developments that provide cross-access may use shared parking agreements in order to satisfy a portion of the parking requirements. All shared parking shall be approved by the village manager and the village's traffic consultant and supported with engineering calculations and any other applicable data and analysis that may be required for approval. Required handicapped parking shall not be included within the calculations for shared parking agreements. Each proposed development shall provide independent handicapped parking and shall comply with the latest approved American with Disabilities Act.

(6)

Parking structures. All parking structures shall be constructed in the same manner and utilize similar architectural design elements and materials as the principal commercial unit it is intended to serve, and shall comply with Crime Prevention Through Environmental Design (CPTED) guidelines. Parking structures shall utilize exterior planter boxes at intermediate floors and provide dense landscaping at the base of the structure.

(7)

Parking lots. A minimum of one decorative paved connector shall run from the parking lot to the building it is intended to serve.

(8)

Parking dimensions. Each required parking stall shall be designed to the following minimum specifications:

a.

Minimum width of nine feet;

b.

Minimum length of 19 feet;

c.

Minimum aisle width of 24 feet for 90 degree parking;

d.

Minimum aisle of 11 feet for 45 and 60 degree parking for one-way aisles and 22 feet for two-way aisles.

(9)

If a parking area is shared by two or more commercial structures, each building shall provide equally convenient pedestrian and vehicular connectivity to such area.

(10)

Parking lots shall be screened from the public right-of-way with a combination of landscape and streetscape features such as gazebos, transit stops, and architectural elements consistent with the design of the commercial structure. The minimum height for screening features other than fences shall be five feet.

(11)

Parking aisles. Parking aisles shall not exceed 200 feet without a break in circulation. Parking aisles shall provide a continuous planter strip, or planter islands located so as to best relieve the expanse of paving but in no event farther apart than every ten parking spaces and at the terminus of all rows of parking. Landscape features may replace planter islands as long as they are consistent with the design of the property and located every ten parking spaces.

(12)

The minimum size of a planter island must be five feet wide by three-quarters the length of the parking space. In addition to the trees required for the perimeter of the parking area, planter islands must contain a minimum of one tree per 80 square feet of landscaped area, exclusive of parking lot buffers.

(13)

A parking plan shall be provided with all applications for commercial development that clearly and accurately designates the location of parking spaces, landscape areas, and planter islands, access aisles and driveways, and the relationship of the parking to the uses or structures that the spaces are intended to serve.

(14)

Access to commercial developments shall comply with access management and engineering standards of the City's Code of Ordinances, Miami-Dade County, and the Florida Department of Transportation.

(15)

Landscaped areas shall be protected from vehicular encroachment unless the landscaped area is planned and/or designed for use as overload parking. Car stops shall be placed at least three feet from the edge of landscaped areas and located so as to prevent damage to any trees, fences, shrubs, or other landscaping. If a wheel stop or curb is used, the paved area between the curb/wheel stop and the end of the parking space may be omitted, provided that it is landscaped.

(16)

Landscaping of public areas, such as dedicated public rights-of-way, swales, drainage easements and other rights-of-way as approved within the development as a condition of an individual developer's approval shall be maintained by the owner.

(17)

All commercial development shall be designed to provide safe, convenient, and efficient lighting for pedestrians and vehicles. Lighting shall be designed in a consistent and coordinated manner for the entire site. The lighting and lighting fixtures shall be integrated and designed in order to enhance the visual impact of the project on the community and designed to prevent direct glare, light spillage, and hazardous interference with automotive and pedestrian traffic on adjacent streets and all adjacent properties.

(18)

Transit features. All commercial developments which contain more than 200 parking spaces shall provide a transit feature in a location where proximate to a transit stop. Such transit feature shall be located at a transit stop and shall include the following: benches or other seating facilities approved by the village manager, trash receptacles, lighting, and a covered structure for the transit stop. The developer shall provide appropriate bus bays along state and county roads and a sign providing bus route schedules. All materials and design shall be approved by the village manager and shall be located on the site plan. Each transit stop shall be constructed concurrently with or prior to completion of the development.

(19)

Pedestrian and bicycle features. All commercial developments which contain over 20,000 square feet shall provide bicycle amenities in the form of bike racks, and other similar amenities. The location of bicycle amenities shall be indicated on the site plan. The design of the amenities shall be of durable, long-lasting materials, consistent with the design of the principal structures on-site or a thematic design approved by the village manager. Each bike rack must store no less than six bicycles. The development shall comply with the village's comprehensive plan and provide connectivity to the village's bicycle network.

(c)

Architectural regulations.

(1)

All commercial development is encouraged to use the fundamental concepts that are found within Miami-Dade County's urban design guidelines. All commercial development located adjacent to existing residential developments shall be designed, in a manner consistent with and compatible to such development in order to mitigate any negative impacts.

(2)

All commercial development shall be designed to maintain and enhance the attractiveness of the streetscape and the existing architectural design and elements found within the Village of El Portal.

(3)

Scale. New structures shall relate harmoniously to the form and scale of architecture in the vicinity. Buildings taller than three stories shall be evaluated on a case-by-case basis as to their compatibility.

(4)

Storefronts. All commercial development shall be constructed in a manner that complements surrounding developments through the use of appropriate architectural design elements and materials.

(5)

Reflective or mirrored glass shall not be permitted.

(6)

Building design shall be stylistically consistent and compatible with surrounding buildings through use of complementary scale, materials, colors and/or architectural details. Building materials shall have the appearance of substance and permanency; lightweight metal, or other temporary appearing structures shall be discouraged.

(Ord. No. 2011-007, § 2, 5-22-2012)