§ 33-397. Nonconforming uses, regulations not retroactive.

The regulations prescribed by this article or any amendment thereto shall not be construed to require the removal, lowering, or other change or alteration of any structure or tree or use of land lawfully in existence not conforming to the regulations as of July 19, 1969, or otherwise interfere with the continuance of any nonconforming use. Between July 19, 1969 and the effective date of this ordinance property owners shall not be permitted to erect any structure or to grow or maintain trees to heights in excess of those provided in Ordinance No. 69-40. After July 19, 1969, property owners shall not be permitted to erect any structure or to grow or maintain trees to heights in excess of those provided herein. Notwithstanding the preceding provisions of this article, the owner of any such nonconforming structure or tree is hereby required to permit the installation, operation and maintenance thereon of such marking, or marking and lighting, as shall be deemed necessary by the Director of the Aviation Department, to indicate to the operators of aircraft in the vicinity of the airport the presence of such airport hazard. Such marking and lighting, and the installation, operation and maintenance thereof, or such disposition of the hazard as may be agreed upon by and between the owner and the Director of the Miami-Dade County Aviation Department in lieu of such marking, or marking and lighting, shall be at the expense of the Miami-Dade County Aviation Department.

For the purposes of determining what shall constitute a nonconforming use, nothing contained herein shall be construed to prohibit or to require the removal of any lawful residential construction existing on the effective date of this ordinance or the approval of new residential construction either (a) on land located inside a residential zoning district, (b) on land designated or considered as "Residential Communities" on the Comprehensive Development Master Plan Land Use Plan Map, or (c) on land designated as "Agriculture" or "Open Land" on the Land Use Plan Map that was surrounded on three or more sides within ¼ mile by land designated as "Residential Communities" on the Land Use Plan Map on the effective date of this ordinance. Any new residential construction on land identified in this paragraph is required to incorporate at least a 25 db Noise Level Reduction (NLR) into the design/construction of the structure.

For the purposes of determining what shall constitute a non-conforming use, nothing contained herein shall be construed to prohibit the construction of educational facilities previously approved by Zoning Resolution of the Community Zoning Appeals Board or Board of County Commissioners within twelve (12) months prior to the effective date of this ordinance.

(Ord. No. 69-40, § 9, 7-9-69; Ord. No. 99-118, § 1, 9-21-99)