(a) All churches, temples, places of worship, libraries, museums and schools existing in a 1-RS, 2-RS, 3-RS, 4-RM or 5-RMO zoning district and in existence on the effective date of this section (April 25, 1990), shall be regarded as conforming uses. However, no church, temple, place of worship, library, museum or school existing in a 1-RS, 2-RS, 3-RS, 4-RM or 5-RMO zoning district and in existence on the effective date may expand beyond the lot lines and existing parcel on which said church, temple, place of worship, library, museum or school in a 1-RS, 2-RS, 3-RS, 4-RM or 5-RMO zoning district existed on the effective date; provided, further, that no separate platted lot (or lots) in the 1-RS, 2-RS, 3-RS, 4-RM or 5-RMO zoning districts which is unimproved on December 13, 1989 may be used for expansion of such use or structure.
(b) Nothing in this section shall be deemed to preclude the future expansion or reconstruction of improvements on the existing lot or parcel of any church, temple, place of worship, library, museum, or school located in a 1-RS, 2-RS, 3-RS, 4-RM, or 5-RMO zoning district and in existence on the effective date of this section, if a site plan for such expansion or reconstruction is duly approved by the Town using the procedures and criteria otherwise generally established in the Town Code of Ordinances for approval of site plans; provided, however, that no separate platted lot (or lots) in the 1-RS, 2-RS, 3-RS, 4-RM, or 5-RMO zoning districts which are unimproved on December 13, 1989 may be used for expansion of such use or structure. Spires and steeples may be reconstructed to their originally approved height in the event of destruction, structural deterioration, or other circumstances requiring replacement.
(c) The term IN EXISTENCE ON THE EFFECTIVE DATE OF THIS SECTION, as used in this section, shall include all churches, temples, places of worship, libraries, museums and schools in a 1-RS, 2-RS, 3-RS, 4-RM or 5-RMO zoning district:
(1) That were approved special exceptions on the effective date of this section;
(2) That were constructed in said zoning districts and existing prior to the existence of zoning in the Town of Melbourne Beach but which had not been expanded since the inception of zoning; or
(3) That were subject to an application for a special exception or expansion of a special exception filed and pending consideration before the Board of Adjustment on or before December 13, 1989 and for which the Board of Adjustment had not issued a final determination on said application on or before the effective date of this section.
(Ord. 90-04, passed 4-25-90; Am. Ord. 2006-08, adopted 8-30-06; Am. Ord. 2017-05, adopted 12-20-17)