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ORDINANCE NO. 567
AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF OCEAN RIDGE, FLORIDA, AMENDING THE CODE OF ORDINANCES, CHAPTER 63, SECTION 63-117; PROVIDING FOR CODIFICATION; PROVIDING FOR REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, since at least 1969 it has been and continues to be the desire of the residents of the Town of Ocean Ridge and the official policy of the Town Commission of the Town of Ocean Ridge that Ocean Ridge be a residential community; and
WHEREAS, since 1969 the Town’s Code of Ordinances has prohibited commercial uses in the Town except as grandfathered; and
WHEREAS, all commercial uses which existed in the Town as of 1969 have been amortized and have been and are required to cease their commercial use of property in the Town at certain specified periods of time; and
WHEREAS, if a landowner destroyed a structure that was being used or was previously used, before amortization, for commercial purposes, which commercial purposes included a residential, short term residential or transient residential component, and applied to reconstruct a multi-family structure in its place, pursuant to Town Code, the landowner was limited to the current allowable density on that property even if a desired and beneficial proposed use in excess of the allowed density would decrease the actual number of residential-type units on the property; and
WHEREAS, due to the extremely high cost of land within the Town of Ocean Ridge, five units per acre for a multifamily structure is not financially feasible or sound; and
WHEREAS, the Town of Ocean Ridge decided it was in the best interests of the Town and its residents to amend the Nonconforming and Grandfathered Uses Ordinance so long as those structures that may be destroyed and re-built do not increase the existing nonconformance and that the density decreases by at least fifty percent (fractional units rounded up) of the previous non-conforming structure, and to allow for additional units per acre that what would be allowed without the amended ordinance, and to encourage re-development, higher property values, aesthetics, long-term home ownership, and to bring existing properties into compliance with Town zoning codes; and
WHEREAS, to meet these goals, the Town Commission enacted Ordinance No. 565; and
WHEREAS, the Town Commission has determined that its full intent with regard to the applicability of Chapter 64, Article II, to these grandfathered projects was not explicitly reflected in Ordinance No. 565 and should be so explicitly reflected. NOW THEREFORE, BE IT ORDAINED BY THE TOWN COMMISSION OF THE TOWN OF OCEAN RIDGE, FLORIDA: Section 1. Amendment.
Chapter 63, Section 63-117(d)(1), of the Code of Ordinances of the Town of Ocean Ridge, is hereby amended as follows:
* * * Alteration, extension, enlargement or expansion. No alteration, extension, enlargement or expansion of a grandfathered structure shall be permitted in a way which increases its noncompliance with present property development regulations of the land use (zoning) district in which it is located, but any grandfathered structure or portion thereof may be altered to decrease its noncompliance with present property development regulations of the land use (zoning) district in which it is located. For purposes of altering, extending, enlarging or expanding a grandfathered structure which is being or was previously used for commercial purposes, which commercial purposes include or included a residential-type component, in order to develop a multi-family structure, the landowner must comply with all other existing zoning criteria and may not increase the existing nonconformance. Furthermore, subject to the approval of the Town Commission, the landowner may be permitted to exceed the existing allowable density in the multi-family zoned areas of the Town so long as it reduces the number of existing units by at least fifty percent (50%) (fractional units to be rounded up). The number of permitted units shall then be deemed the allowable grandfathered density on said property. It is further provided that any development of property pursuant to this section must be approved and developed pursuant to the Planned Residential Development provisions of Chapter 64 of the Town’s Code subject to the following: (a). The minimum area requirement of Section 64-22(1) shall not apply; (b). The allowable density as provided for in Section 64-24(a) shall be modified as set forth herein; (c). Section 64-24(d) shall not apply; (d). The minimum yard setback requirements of Section 64-24(f)(1) shall not apply. Instead, the minimum yard setback requirements of the applicable zoning district shall govern: (e). The maximum building height of 44 feet set forth in Section 64-24(f)(4) shall, in RMM zoning districts, be reduced to the permissible height as set forth in Section 64-2(d)(3). * * * Section 2. Amendment.
Chapter 63, Section 63-117(d)(2), of the Code of Ordinances of the Town of Ocean Ridge, is hereby amended as follows:
(2) Replacement, restoration and reconstruction. If any existing grandfathered structure, as provided for in this subsection, is destroyed by any non-voluntary means, including fire, flood, wind, explosion, act of God, or act of a public enemy, such structure shall be permitted to be replaced, restored or reconstructed as it had previously existed prior to its destruction according to the property development regulations in effect at the time of its original construction and any permitted additions thereto, except that such replacement, restoration and reconstruction can only occur in compliance with those building, plumbing, electrical, gas, fire and other construction and safety related regulations of the town in effect at the time of application for a permit to allow replacement, restoration or reconstruction. In no event shall the destroyed grandfathered structure be so replaced to a degree or level greater than the original structure as to height, lot coverage, total floor area, yard setback requirements or other applicable property development regulations at the time of original construction, without the granting of a variance. Moreover, if any existing grandfathered structure is destroyed by voluntary destruction and the landowner applies to re-build the structure, the landowner must comply with all other current zoning criteria and may not increase the existing nonconformance. Notwithstanding the foregoing, subject to the approval of the Town Commission, the landowner of a grandfathered building or structure which includes residential-type units, may be permitted to seek the demolition and redevelopment of the grandfathered structure and, in doing so, exceed the allowable density in the multi-family zoned areas of the Town, but in such circumstances must reduce the number of units which were grandfathered by at least fifty percent (50%) (fractional units to be rounded up). The number of permitted units shall then be deemed the allowable grandfathered density on said property. It is further provided that any development of property pursuant to this section must be approved and developed pursuant to the Planned Residential Development provisions of Chapter 64 of the Town’s Code subject to the following: (a). The minimum area requirement of Section 64-22(1) shall not apply. (b). The allowable density as provided for in Section 64-24(a) shall be modified as set forth herein; (c). Section 64-24(d) shall not apply. (d). The minimum yard setback requirements of Section 64-24(f)(1) shall not apply. Instead, the minimum yard setback requirements of the applicable zoning district shall govern. (e). The maximum building height of 44 feet set forth in Section 64-24(f)(4) shall, in RMM zoning districts, be reduced to the permissible height as set forth in Section 64-2(d)(3). For the purposes of this section, a structure shall be deemed to have been destroyed if the structure will require repair or replacement the cost of which will exceed fifty percent (50%) of the appraised value of the structure as established by the Palm Beach County Property Appraiser.
Section 3. Amendment. Chapter 63, Section 63-117(e)(1), of the Code of Ordinances of the Town of Ocean Ridge, is hereby amended as follows:
(1) Change of use. A change from a grandfathered use to a use not a continuation of the original grandfathered use which existed on November 25, 1976, and which does not otherwise comply with all of the property development and land use requirements of the Town’s Code, is prohibited. Section 4. Amendment.
Chapter 63, Section 63-117(e)(10), of the Code of Ordinances of the Town of Ocean Ridge, is hereby amended as follows:
Replacement of use. If any existing grandfathered structure, as provided for in this section, is destroyed by any means, including fire, flood, wind, explosion, act of God, or act of a public enemy, such use shall be permitted to be replaced according to the property development regulations in effect at the time of its original construction, except that replacement can only occur in compliance with those building, plumbing, electrical, gas, fire and other construction and safety related regulations of the town in effect at the time of application for a permit to allow replacement. In no event shall the destroyed grandfathered use be replaced to a degree or level greater than the original use as to height, lot coverage, total floor area, bulk or yard setback requirements unless otherwise provided by current Town codes and land use regulations. If the destroyed grandfathered use to be replaced was composed of dwelling units for in-transit or nonowner-occupied lodging, and is intended to continue such use, in addition to the other provisions of this subsection, the following requirements shall apply: a. No advertising or signs shall use the word “hotel,” “motel,” or the like, but the word “lodge” may serve as a substitute. b. The terms “by day” or “by night” shall not be used, but the terms “vacancy” or no vacancy” are permitted. c. Each of the signs erected under the special signage requirements of this subsection (1) shall comply with all provisions of chapter 70 of this land development code.
For the purposes of this section, a structure shall be deemed destroyed if the damage caused to the structure will require repair or replacement the cost of which will exceed fifty percent (50%) of the appraised value of the structure as established by the Palm Beach County Property Appraiser.
Section 5. Codification. This ordinance shall be codified in the Code of Ordinances of the Town of Ocean Ridge, Florida.
Section 6. Severability. If any word, clause, sentence, paragraph, section or part thereof contained in this Ordinance is declared to be unconstitutional, unenforceable, void or inoperative by a court of competent jurisdiction, such declaration shall not affect the validity of the remainder of the Ordinance.
Section 7. Repeal. All Ordinances or parts of Ordinances in conflict herewith shall be and the same are hereby repealed.
Section 8. Effective Date. This Ordinance shall become effective immediately upon adoption.
FIRST READING this 1st day of May, 2006.
SECOND AND FINAL READING this 5th day of June, 2006.
Commissioner Bingham offered the foregoing Ordinance and its adoption. The motion was seconded by Commissioner Allison and upon being put to a vote, the vote was as follows:
KENNETH M. KALEEL, Mayor Yea GEOFFREY A. PUGH, Vice Mayor Yea DR. LYNN L. ALLISON, Commissioner Yea ELIZABETH P.B. BINGHAM, Commissioner Yea NANCY L. HOGAN, Commissioner Yea
The Mayor thereupon declared this Ordinance approved and adopted by the Town Commission of the Town of Ocean Ridge, Florida, on second reading, this 5th day of June, 2006.
TOWN OF OCEAN RIDGE, FLORIDA
BY:_____________________________ MAYOR
ATTEST:_____________________ TOWN CLERK
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