There may exist uses or structures and characteristics of uses or structures which were lawful before the adoption of the ordinance from which this chapter is derived but which would be prohibited, regulated or restricted after passage of this chapter. Any use of land or structures not in full compliance with all applicable regulations of this chapter is considered nonconforming.

(Ord. No. 96-549, § 1(7.00.00), 2-16-96)

It is the intent of this article to permit the nonconforming uses or structures as described in section 114-131 to continue until they are voluntarily removed, removed by abandonment, or otherwise removed as required by this chapter, but not generally to encourage their survival. It is further the intent of this article that nonconforming uses or structures shall not generally be enlarged upon, extended, or used as grounds for adding other uses prohibited elsewhere in the same zoning district.

(Ord. No. 96-549, § 1(7.00.01), 2-16-96)

(a)

Definition. For the purposes of this article, a use of any land or structure, other than a sign, is a nonconforming use if:

The use is not listed as a permitted use, special exception use or permitted accessory use in the zoning district in which it is situated.

(b)

Extension or relocation.

(1)

Extension. No nonconforming use, or structure housing a nonconforming use, shall be enlarged, increased, intensified, substituted or extended to occupy a greater area than it occupied at the effective date of the ordinance from which this chapter is derived.

(2)

Relocation. No nonconforming uses shall be relocated, in whole or in part, to any additional lands or to any portion of a lot or parcel except the location occupied by such use at the effective date of the ordinance from which this chapter is derived.

(3)

Exception. A designated historic structure may be relocated on the lot provided the relocation does not cause or increase nonconformity of the structure.

(c)

Conversion. Upon application to and approval by the planning and zoning board, a nonconforming use may be converted to a less intensive nonconforming use, provided that the planning and zoning board shall find, after holding a public hearing, that the proposed use is more consistent with permitted uses allowed in the zone district, that the proposed use lessens traffic congestion for deliveries and patrons, that the proposed use has a lower trip generation per the ITE manual, and that the proposed use has the same or less hours of operation than the existing nonconforming use and that the proposed use will lessen the effect upon the surrounding properties and uses than does the existing nonconforming use.

(d)

Alteration or repair of structure containing a nonconforming use. Normal maintenance and repair, including but not limited to roof replacement, and alteration of a structure containing a nonconforming use is allowed, provided it does not extend the total habitable floor area occupied by the nonconforming use.

(e)

Change in tenancy or ownership. There may be a change in tenancy, ownership or management of a nonconforming use provided there is no change in the nature or character of the use nonconformity.

(f)

Nonconforming accessory uses. No nonconforming accessory use shall continue after the principal use has terminated unless such accessory use shall fully conform to all applicable provisions of the zoning district in which it is located.

(g)

Abandonment. The discontinuance of a nonconforming use for a period of one year, for any reason, with or without the intention of its owner to terminate such use, shall constitute abandonment, and such nonconforming use shall not thereafter be resumed and all use of the property thereafter shall conform in full with the applicable regulations of the zoning district in which it is located.

(h)

Damage or destruction.

(1)

Any structure occupied by a nonconforming use, which structure has been damaged to not more than 50 percent of its fair market value immediately prior to the time of its destruction, may be restored and used as existing upon the date of the adoption of this chapter, provided that the floor area of such use shall not exceed the floor area which existed prior to such damage. All repairs shall be completed within one year after the damage occurs, unless a request for extension for good cause is submitted to and approved by the city commission, or such use shall not be rebuilt except as a conforming use.

(2)

When a structure occupied by a nonconforming use has been damaged to an extent greater than 50 percent of the fair market value immediately prior to the time of its destruction, the nonconforming use may be restored only to the density or intensity of use prior to its destruction, provided that the applicable City of Anna Maria Flood Damage Prevention regulations are met. All repairs shall be completed within one year after the damage occurs, unless a request for extension for good cause is submitted to and approved by the city commission, or such use shall not be rebuilt except as a conforming use.

(3)

Fair market value shall be determined by an independent MAI appraiser, or, lacking that, the value as shown on the most recent tax assessment rolls.

(Ord. No. 96-549, § 1(7.00.02), 2-16-96; Ord. No. 07-681, § 1, 7-26-07; Ord. No. 09-702, § 2, 6-25-09; Ord. No. 09-702, § 2, 6-25-09)

(a)

Definition. For the purposes of this section, a structure, other than a sign, is nonconforming if the structure, or any physical characteristic thereof, is not in full compliance with all regulations of this chapter applicable to the zoning district in which the structure is located.

(b)

Nonconforming structures that are also nonconforming uses. Nonconforming structures which are also nonconforming with respect to use as provided under section 114-133 shall be governed by the provisions of section 114-133.

(c)

Extension or expansion. No nonconforming structure shall be enlarged, increased or extended to occupy a greater area than it occupied at the effective date of the ordinance from which this chapter is derived; except that a nonconforming structure may be enlarged provided the extent of nonconformity is not increased and the enlargement meets all requirements of this chapter applicable to the zoning district in which such structure is located.

(d)

Relocation. Any nonconforming structure may be relocated to any portion of the lot or parcel upon which it is situated provided the relocation results in a lesser extent of nonconformity than existed prior to its relocation.

(e)

Conversion to conforming structure. Any existing structure in which a nonconformity of the structure is altered, changed or replaced by a conforming structure shall thereafter conform to the regulations of the zoning district in which such structure is located, and the terminated nonconformity shall not thereafter be resumed, nor shall any additional nonconformity be permitted.

(f)

Alteration and repairs. Normal maintenance and repair, including but not limited to roof replacement, of a nonconforming structure is allowed, provided the roof replacement does not increase the degree of nonconformity or extend the total habitable floor area occupied by the nonconforming structure.

(g)

Change in tenancy or ownership. There may be a change in tenancy, ownership or management of a nonconforming structure provided there is no change in the nature or character of the structure that would increase the degree of nonconformity.

(h)

Nonconforming accessory structures. No nonconforming accessory structure shall continue after the principal use shall have been terminated unless such accessory use shall fully conform to all applicable provisions of the zoning district in which it is located.

(i)

Damage or destruction.

(1)

Any nonconforming structure which has been damaged by natural disasters (destroyed by any cause other than the owner's voluntary action or abandonment), to not more than 50 percent of its fair market value as it existed immediately prior to the time of its damage or destruction may be restored and used as existing upon the date of the adoption of the ordinance from which this chapter is derived, provided that the floor area of such use shall not exceed the floor area which existed prior to such damage. All repairs shall be completed within one year after the damage occurs, unless a request for extension for good cause is submitted to and approved by the city commission, or such structure shall not be rebuilt except as a conforming structure.

(2)

When a nonconforming structure has been damaged by natural disasters (destroyed by any cause other than the owner's voluntary action or abandonment), to an extent greater than 50 percent of the fair market value as it existed immediately prior to the time of its destruction, such structure may be restored provided that the floor area shall not exceed the floor area which existed prior to such damage and provided that the applicable City of Anna Maria Flood Damage Prevention regulations are met. All repairs shall be completed within one year after the damage occurs, unless a request for extension for good cause is submitted to and approved by the city commission, or such structure shall not be rebuilt except as a conforming structure.

(3)

Fair market value shall be determined by an independent MAI appraiser, or, lacking that, the value as shown on the most recent tax assessment rolls.

(j)

Construction of a swimming pool on a lot where the structure does not meet the yard or setback requirements in the zoning district may be permitted if: 1) the neighboring property owner formally consents to the construction; or 2) the property owner can demonstrate to city staff by means of a construction staging and management plan that the construction of the pool will not create a nuisance to adjacent property owners.

(Ord. No. 96-549, § 1(7.00.03), 2-16-96; Ord. No. 07-681, § 2, 7-26-07; Ord. No. 09-702, § 3, 6-25-09; Ord. No. 16-810, § 2, 1-28-16; Ord. No. 16-824, § 1, 12-8-16)

Nonconforming lots and lots of record located in any zoning district which do not conform to the minimum requirements of lot dimension or lot area as required for the implementing of any permitted or special exception use for the zoning district in which the land is located may be used for construction of permitted uses for the zoning district in which the land is located so long as the construction complies with all spatial and bulk requirements applying to all lands within the zoning district, and all regulations applying to conforming lots and parcels within the district.

(Ord. No. 96-549, § 1(7.00.04), 2-16-96; Ord. No. 06-659, § 1, 7-27-06)

Casual, temporary or illegal use of land or structures shall not be sufficient to establish the existence of a nonconforming use or structure or to create rights for continuance of such use or structure.

(Ord. No. 96-549, § 1(7.00.05), 2-16-96)

Upon application and payment of a fee as set by the city commission by resolution, the city planner shall make a determination as to whether or not any use, structure or lot is non-conforming within the meaning of section 114. The planning and zoning board shall hear any appeals which may be taken from actions or rulings of the city planner under this article, and such appeals may be made by any person, entity, officer, department, board or bureau affected by such action or ruling. Any such appellant may seek further, de novo, review by the city commission.

(Ord. No. 15-808, § 1, 1-28-2016)