The purpose of this article is to regulate and limit the development and continued existence of uses, structures, and lawful lots established prior to the effective date of these LDRs which do not conform to the requirements of these LDRs. Much nonconformity may continue, but the provisions of this article are designed to curtail substantial investment in nonconformities and to bring about their eventual improvement or elimination in order to preserve the integrity of these regulations and the character of the City. Any nonconforming use, structure, or lot which lawfully existed as of the effective date of these LDRs and which remains nonconforming, and any use, structure, or lot which has become nonconforming as a result of the adoption of these LDRs or any subsequent amendment to these LDRs may be continued or maintained only in accordance with the terms of this article.

A nonconforming use shall not be expanded or extended beyond the floor area or lot area that it occupied on the effective date of these LDRs or the effective date of any amendment to these LDRs rendering such use nonconforming.

If a nonconforming use is discontinued or abandoned, whether intentionally or not, for a period of 90 consecutive days, including any period of discontinuation or abandonment commencing before the effective date of these LDRs and continuing through said date, then that use shall not be renewed, recommended or reestablished, and any subsequent use of the lot or structure shall conform to the use regulations of the land use district in which it is located.

A nonconforming use may be changed to a permitted use or conditional use for the zoning district in which the property is located, subject to the review and approval requirements of the appropriate zoning district and conditional uses regulations contained in these LDRs.

A.

Ordinary repairs and maintenance may be made to a nonconforming structure, provided that such repairs or maintenance does not exceed 50% of current value, as determined by the Building Official. "Ordinary repairs and maintenance," in accordance with the criteria that such repairs and maintenance do not substantially alter the structure, result in a change of occupancy of the structure or contravene or circumvent other provisions hereof.

B.

If a nonconforming structure is destroyed or damaged by a fire, flood, windstorm, natural disaster or similar event, and the cost of restoring the structure to its condition which existed immediately prior to the event does not exceed 50% of the cost of replacing the entire structure, then the structure may be restored to its original nonconforming condition, provided that a building permit is secured and reconstruction is started within 365 days from the date of the damage, and such reconstruction is diligently pursued to completion prior to the expiration of building permits.

C.

If a nonconforming structure is destroyed or damaged by a fire, flood, windstorm, natural disaster or similar event, and the cost of restoring the structure to its condition existing immediately prior to the event exceeds 50% of the cost of replacing the entire structure, then the structure shall not be restored.

Except as provided in this section, a nonconforming structure shall not be enlarged in any manner or undergo any structural alteration unless to make it a conforming structure. Such alteration or enlargement may be permitted, provided that:

A.

The enlargement or alteration itself conforms to the requirements of these regulations; and

B.

The total structure as enlarged or altered does not increase the degree of nonconformity for the applicable district; and

C.

The use of the structure is or will be conforming.

A nonconforming structure shall not be moved in whole or in part to any other location unless every portion of such structure and the use thereof is made to conform with all requirements for the district to which such structure is moved. The moving of the structure also shall comply with the requirements of other applicable City regulations.

Where a nonconforming lot abuts another lot of record (whether conforming or nonconforming) held in the same ownership at or subsequent to enactment of this chapter, such lots shall be platted to conform with the minimum standards of the LDRs of the City.

A nonconforming lot may be used for any use permitted within the zoning district in which the lot is located but shall not be a building site unless approved at a public hearing before the City Commission as provided in the LDRs.

265 Attachment 2

265 Attachment 4

Summary Chart A. The chart below summarizes the parameters for the overall street corridor construction of the 12 street types and their corresponding right-of-way development parameters.

Summary Chart A

(Ord. No. 2015-469, § 2, 12 17-2015)

Summary Chart B. The chart below summarizes the parameters for the overall building construction of the 12 street frontage situations.

Summary Chart B

NOTES:

¹   Enclosed mechanical equipment shall be enclosed in a decorative manner.

²  Maximum height may be increased by 10 feet, provided that the width of the building is decreased by two feet for every one foot of additional height up to a maximum height of 200 feet.

³  Maximum height of 290 feet for height transferred within a single unified site plan, except that the maximum height of buildings adjacent to Collins Avenue within such site plan is 140 feet.

(Ord. No. 2009-335, 10-15-2009; Ord. No. 2011-377, § 2, 11-17-2011; Ord. No. 2015-469, § 2, 12-17-2015)

Summary Chart C. The chart below summarizes the parameters for the overall street corridor construction of those parcels within the Sunny Isles Center Subdistrict only.

Summary Chart C

[Amended 10-15-2009 by Ord. No. 2009-335]

Summary Chart D. The chart below summarizes the parameters for the overall street corridor construction of those parcels within the Sunny Isles Center Subdistrict only:

Summary Chart D

[Amended 10-15-2009 by Ord. No. 2009-335]

NOTES:
¹ Enclosed mechanical equipment shall be enclosed in a decorative manner.
² Maximum height may be exceeded by up to 20 feet but shall not exceed an overall height of 70 feet [§265-37F(1)(h)].

Summary Chart E. The chart below summarizes the parameters lot width in the Sunny Isles Boulevard, South Edge and Sunny Isles Center Subdistrict.

Summary Chart E

NOTES:
¹ See § 265-37F(1)(a).