Apopka City Zoning Code

ARTICLE 8

NONCONFORMITIES

8.1.1. - Purpose and Scope

In this LDC there exist uses of land, structures, lots of record, signs, and site features that were lawfully established before the LDC was adopted or amended, that do not conform to its terms and requirements. It is the general policy of the City to allow such uses, structures, lots of record, signs, and site features to continue to exist. It also is the policy of the City to bring as many of these nonconformities into conformance with this LDC as is reasonably practicable, subject to the requirements of this article.

The purpose and intent of this article is to recognize the interests of the landowner in continuing to use the land, but to preclude the expansion of a nonconformity or reestablishment of a discontinued or substantially destroyed nonconformity unless allowing such expansion or reestablishment can serve as an incentive to achievement of even greater public benefit.

8.1.2. - Authority to Continue

Nonconformities are allowed to continue, and are encouraged to receive routine maintenance in accordance with the requirements of this article as a means of preserving safety and appearance.

8.1.3. - Determination of Nonconformity Status

In all cases, the burden of establishing that a nonconformity lawfully exists shall be the responsibility of the owner of the land on which the nonconformity is located.

8.1.4. - Minor Repairs and Maintenance

Minor repairs and normal maintenance that are required to keep nonconforming uses, structures, lots of record, signs, and site features in a safe condition are permitted. For the purposes of this subsection "minor repair or normal maintenance" means:

Repairs that are necessary to maintain a nonconforming use, structure, lot of record, sign, or site feature in a safe condition; and

Maintenance of land areas to protect against health hazards and promote the safety of surrounding uses.

8.1.5. - Change of Tenancy or Ownership

No change of title or possession or right to possession of land involved shall be construed to prevent the continuance of such nonconformity.

8.2.1. - General

Nonconforming uses are declared generally incompatible with the permitted uses in the zoning district in which they are located and with the provisions of this LDC. Nonconforming uses shall be subject to the standards in this section.

8.2.2. - Extension, Expansion, or Relocation

A nonconforming use shall not be extended, expanded, or moved to occupy a different area of a structure or lot, except an existing nonconforming use may extend into any portion of a structure that was clearly designed or arranged for the particular use when the use became nonconforming.

8.2.3. - Change in Use

An existing nonconforming use may be converted to another nonconforming use, subject to approval of a special exception permit (see Sec. 2.5.1.G, Special Exception Permit) with the following additional findings:

The new nonconforming use is a permitted use in a more restrictive zoning district; and

The new nonconforming use would improve the character of the immediate neighborhood.

Other than in Sec. 8.2.3.A, above, a nonconforming use may only be changed to a use that is permitted in the zoning district in which it is located. Once a nonconforming use is converted to a conforming use, it shall not be changed back to a nonconforming use.

8.2.4. - Discontinuance or Abandonment of Nonconforming Use

If a nonconforming use ceases to operate or is discontinued or abandoned for a period of six consecutive months or longer, it shall not be reestablished and shall only be replaced with a conforming use.

Time spent renovating or repairing a structure that houses the nonconforming use is not considered a discontinuance of the use, provided:

All appropriate development permits are obtained;

The renovation or repair is completed within 18 months after commencement of the repair or renovation;

The use is reestablished within one month after completion of the renovation or repairs; and

Any discontinuance of use caused by government action without the contributing fault by the nonconforming user shall not be considered in determining the length of discontinuance.

8.2.5. - Structures Used for Nonconforming Use

Any reconstruction or repair of a damaged structure used for a nonconforming use shall be subject to the same provisions applicable to nonconforming structures in Sec. 8.3, Nonconforming Structures.

8.3.1. - General

Nonconforming structures shall be subject to the standards in this section.

8.3.2. - Relationship with Conforming and Nonconforming Uses

Where a nonconforming principal structure contains a conforming use, only the nonconforming structure is subject to the standards and limitations in this section. Where a nonconforming structure contains a nonconforming use, the nonconforming structure is subject to the standards and limitations of this section and the nonconforming use is subject to the standards and limitations in Sec. 8.2, Nonconforming Uses.

8.3.3. - Enlargement or Alteration

A nonconforming structure shall not be enlarged or structurally altered in any way that increases the nonconformity.

Example: A structure that has a side yard setback of five feet where the LDC requires a minimum side yard setback of ten feet cannot be enlarged so as to further encroach into the side yard setback. Enlargement or structural alteration of the structure in a way that complies with applicable dimensional standards, or structural alteration of the structure in a way that decreases the degree of nonconformity, is permitted.

(Ord. No. 2862, § VIII, 8-18-2021)

8.3.4. - Relocation

A nonconforming structure shall not be moved, in whole or in part, to another location on or off the parcel of land on which it is located, unless the entire structure conforms to the requirements of this LDC.

8.3.5. - Reconstruction or Repair after Casualty Damage

The reconstruction or repair of a nonconforming structure damaged as a result of a natural disaster or other unforeseen and unpreventable accident or occurrence shall be subject to the following provisions.

Damage up to 50 Percent of Value. If a nonconforming structure is damaged to an extent whereby the cost of restoring the structure to its before-damaged condition would be 50 percent or less of its assessed value before the damage, the structure may be reconstructed or repaired if:

The reconstruction or repair does not increase, expand, enlarge, or extend the degree of nonconformity; and

The reconstruction or repair begins within one year after the damage and is diligently pursued to completion.

Damage greater than 50 Percent of Value. If a nonconforming structure is damaged to an extent whereby the cost of restoring the structure to its before-damaged condition would exceed 50 percent or more of its assessed value before the damage, the structure shall not be reconstructed or repaired except in conformity with the provisions of this LDC.

Exemption for Certain Single-Family Residential Structures. Any structure which has been in the same ownership, family ownership, family-inherited ownership, or a combination of these, for at least 25 years, and is used for single-family residential purposes and maintained as a nonconforming use may be enlarged or replaced, if damaged or destroyed, with a similar structure, provided the enlargement or replacement does not create new nonconforming uses or increase the extent of the existing nonconforming structure or site features. Sale of the nonconforming property to a non-family owner dissolves this particular right to enlarge or replace. A destroyed nonconforming structure being replaced under this subsection shall be maintained as a nonconforming use for a minimum of five years.

(Ord. No. 2862, § IX, 8-18-2021)

8.4.1. - General

No development shall be established on a nonconforming lot of record except in accordance with the standards in this section.

8.4.2. - Structures on Nonconforming Lots

Nonconforming structures legally established on a nonconforming lot of record before March 6, 2019 may be continued, enlarged, or redeveloped only in accordance with the standards in Sec. 8.3, Nonconforming Structures.

8.4.3. - Combination of Lots to Eliminate Nonconformity

If a vacant nonconforming lot abuts another lot (whether conforming or nonconforming) held in the same ownership, the lots shall be combined or recombined to create one or more conforming lots, or lot(s) that are less nonconforming.

8.4.4. - Governmental Acquisition of a Portion of Lot

If a conforming lot is made nonconforming due to governmental acquisition of a portion of the lot for a public purpose that results in the lot no longer complying with applicable lot area or other dimensional standards, the lot shall be deemed a conforming lot upon the Director approving a concept site plan for development of the lot that demonstrates the development existing or proposed on the lot:

Complies with Table 4.2.2, Principal Use Table;

Complies with the dimensional standards of the zoning district in which it is located, to the maximum extent practicable;

Complies with the off-street parking and landscaping standards of this LDC, to the maximum extent practicable;

Complies with all other standards and requirements of this LDC; and

Is designed and configured in a way that is compatible with surrounding development.

8.5.1. - Intent

It is the intent of this section to allow nonconforming signs permitted before the adoption of the ordinance from which this land development code is derived to continue, subject to the standards in this section, until they are no longer used, or become hazardous, but not to encourage their survival. Such signs are hereby declared to be incompatible with the overall intent of this chapter. Thereafter, all such nonconforming signs shall be deemed unlawful and prohibited and subject to the enforcement provisions of this article.

(Ord. No. 2775, § XV, 7-15-2020)

8.5.2. - Exemptions

Signs that were in existence prior to or on December 6, 1972 (the date of the City's original sign ordinance) are deemed conforming, but shall be subject to the following standards herein.

(Ord. No. 2775, § XV, 7-15-2020)

8.5.3. - Enlargement, Alteration, and Use

A nonconforming sign shall not:

Be enlarged or structurally altered in any way that increases the nonconformity.

Expanded.

Be structurally changed, but its pictorial content may be changed.

Be structurally altered to prolong the life of a sign except to meet safety requirements.

Casual, temporary or illegal use of any sign shall not be sufficient to establish the existence of a nonconforming sign or to create any rights in the continuance of such sign.

(Ord. No. 2775, § XV, 7-15-2020)

8.5.4. - Reconstruction or Repair after Damage

The reconstruction or repair of a damaged nonconforming sign shall be subject to the following standards:

Damage up to 50 Percent of Value. If a nonconforming sign is damaged by any means to an extent whereby the cost of restoring the sign to its before-damaged condition would be 50 percent or less of its replacement value before the damage, the sign may be reconstructed or repaired if:

The reconstruction or repair does not increase, expand, enlarge, or extend the degree of nonconformity; and

The reconstruction or repair is begun within six consecutive months after the damage and is diligently pursued to completion within eight consecutive months. Building permits as required.

Damage Greater than 50 Percent of Value

If a nonconforming sign is damaged by any means to an extent whereby the cost of restoring the sign to its before-damaged condition would exceed 50 percent of its replacement value before the damage, the sign shall not be reconstructed or repaired, and shall only be replaced with a sign conforming to the provisions of this LDC.

In cases where businesses were in existence in the City under the same name and location prior to 1960, signs may be maintained or replaced even if damaged above 50 percent of their value, but shall be subject to Sec. 8.5.3.

(Ord. No. 2775, § XV, 7-15-2020)

8.5.5. - Abandonment or Discontinuance of a Sign

If a nonconforming sign is abandoned or ceases to be used for a period exceeding six consecutive months, it shall not be reestablished and shall only be replaced with a conforming sign. A sign shall be considered abandoned or discontinued if its copy area is no longer readable or comprehensible, or if the on-site business ceases to operate for over six months. Abandoned or discontinued signs must be removed within eight months.

(Ord. No. 2775, § XV, 7-15-2020)

8.5.6. - Nonconforming Signs Along Federal Highways

If it is determined that a nonconforming sign along a federal interstate or primary aid highway may not be removed in accordance with the above provisions, the City shall develop a plan for their expeditious removal in accordance with state and federal law.

(Ord. No. 2775, § XV, 7-15-2020)

8.6.1. - Purpose

The purpose of this section is to provide a means whereby the city may require certain nonconforming site features to be brought into compliance with the standards of this LDC as part of remodeling or expansion of a structure.

8.6.2. - Applicability

For purposes of this section, the term "nonconforming site features" includes the following:

Nonconforming off-street parking;

Nonconforming landscaping; and

Nonconforming perimeter buffers.

If an application is submitted for a building permit for the remodeling or expansion of a structure and the development site contains one or more nonconforming site features identified in subsection A above, and the value of the proposed improvements totals at least 25 percent of the assessed value of the existing structure, the applicant shall be required to address the nonconforming site feature as provided in Sec. 8.6.3, Interior and Exterior Remodeling of Structures.

If an application is submitted for a Building Permit for the expansion of a building or structure that contains one or more nonconforming site features identified in subsection A, and the proposed area of the expansion over a five-year period exceeds at least 20 percent of the area of the building or structure over that five-year period, the applicant shall address the nonconforming site features as provided in Sec. 8.6.3, Interior and Exterior Remodeling of Structures.

This section does not apply to:

The reconstruction of a nonconformity damaged by a calamity; or

Repairs for normal maintenance.

8.6.3. - Interior and Exterior Remodeling of Structures

For purposes of determining when nonconforming site features shall be brought into partial or full compliance with the standards of this LDC, the costs that constitute the estimated cost of the structural alteration of a building or structure shall be shown on the building permit application and shall include the cost of materials and labor.

Nonconforming site features shall be brought into compliance in accordance with Table 8.6.3.B: Standards for Nonconforming Site Features.

Table 8.6.3.B: Standards for Nonconforming Site Features
Type of remodeling or expansion		Definition	Required Compliance
1	Remodeling	Remodeling or alterations that are not exempt from this section	See rows 2 through 4 below.
2	Remodeling Costing 25 Percent or Less of Structure Value	Remodeling of a structure in any continuous five-year period that costs 25 percent or less of the current assessed value of the structure.	There is no requirement for any upgrading of the nonconforming site features identified in Sec. 8.6.2.A.
3	Remodeling Costing between 25 and 75 Percent of Structure Value	Remodeling of a structure in any continuous five-year period that costs more than 25 percent, but less than 75 percent, of the current assessed value of the structure.	Action is required for the nonconforming site features identified in Sec. 8.6.2.A to be upgraded towards compliance with the standards of this LDC by a corresponding percentage of full compliance, up to achievement of 100 percent compliance. Example: A nonresidential site with nonconforming off-street parking (site feature) with an assessed value of $100,000 is undergoing remodeling equaling $40,000 (40% of the assessed value). The developer must add a corresponding number of additional required parking spaces until the site fully complies. If the site at the time of remodel has 10 parking spaces, but the LDC requires a minimum of 20 for the use that is proposed (10 more spaces are required for the site to be conforming), the applicant would be required to provide 40% of the 20 spaces - or 8 more parking spaces, bringing the total number of spaces on the site to 18 spaces.
4	Remodeling Costing 75 Percent or More of Structure Value	Remodeling of a structure in any continuous five-year period that costs 75 percent or more of the current assessed value of the structure.	Action is required for all nonconforming site features identified in Sec. 8.6.2.A to be upgraded to achieve 100 percent compliance with the standards of this LDC.
5	Addition and Expansion	Additions or expansions to buildings, structures, or use areas on sites with nonconforming site feature	See rows 6 through 8 below.
6	Additions and Expansion Less than 20 Percent	Additions or expansions to a structure or use area in any continuous five-year period that increase the gross square footage of the structure or use area (measured at the beginning of the five-year period) by 20 percent or less.	There is no requirement for any upgrading of the nonconforming site features identified in Sec. 8.6.2.A.
7	Additions and Expansions between 20 and 60 Percent	Additions or expansions to a structure or use area in any continuous five-year period that increase the gross square footage of the structure or use area (measured at the beginning of the five-year period) by more than 20 percent but less than 60 percent.	Action is required for the nonconforming site features identified in Sec. 8.6.2.A to be installed or upgraded towards compliance with the standards of this LDC by a corresponding percentage of full compliance, up to achievement of 100 percent compliance. Example: Under this LDC's minimum off-street parking space standards, an existing building, if built today, would be required to provide at least 40 parking spaces, but the site only contains 20 spaces. If the building is expanded by 30 percent of its gross floor area, the expansion project must add 12 parking spaces (30% × 40 required spaces), increasing compliance from 50 percent (20 of 40 required spaces) to 80 percent (32 of 40 required spaces). A subsequent addition whose size also equals 30 percent of existing building size might seem to call for addition of another 12 spaces (30% × 40 required spaces), but actually only 8 new spaces would be required to achieve 100% compliance (32 + 8 = 40 spaces).
8	Additions and Expansions Greater than 60 Percent	Additions or expansions to a structure or use area in any continuous five-year period that increase the gross square footage of the structure or use area (measured at the beginning of the five-year period) by more than 60 percent.	Action is required for all nonconforming site features identified in Sec. 8.6.2.A to be installed or upgraded to achieve 100 percent compliance with the standards of this LDC.
9	Generally	The situations referred to in rows 10—12 below apply to any structural alterations or expansions	See rows 10 through 11.
10	Five or Fewer Parking Spaces Required as a Part of a Change in Use	Remodeling project to install five or fewer additional off-street parking spaces as a part of a change in use.	Such additional off-street parking is not required to be installed.
11	Additions and Expansions of Outdoor Use Areas Only	Only outdoor operations, storage, and display areas are being added or expanded on a site.	The percentage increase in the gross square footage of the outdoor operations, storage, and display areas shall require perimeter buffers and screening to be installed or upgraded towards compliance with the standards of this LDC by a corresponding percentage of full compliance. The increased perimeter buffer and screening shall be located so as to achieve the performance objectives in Sec. 5.2, Landscaping and Buffer Standards, with priority given to screening the impacts of outdoor operations.

8.6.4. - Compliance to Maximum Extent Practicable on Constrained Properties

Where full compliance with the requirements of this section is precluded by a lack of sufficient developable area due to the area of the lot, the layout of existing development, or the presence of significant wetlands, floodplains, watercourses, or other significant environmental constraints on development, the applicant shall comply with the requirements of this section to the maximum extent practicable, as determined by the Director.

Apopka City Zoning Code

ARTICLE 8

NONCONFORMITIES

8.1.1. - Purpose and Scope

8.1.2. - Authority to Continue

Nonconformities are allowed to continue, and are encouraged to receive routine maintenance in accordance with the requirements of this article as a means of preserving safety and appearance.

8.1.3. - Determination of Nonconformity Status

In all cases, the burden of establishing that a nonconformity lawfully exists shall be the responsibility of the owner of the land on which the nonconformity is located.

8.1.4. - Minor Repairs and Maintenance

Repairs that are necessary to maintain a nonconforming use, structure, lot of record, sign, or site feature in a safe condition; and

Maintenance of land areas to protect against health hazards and promote the safety of surrounding uses.

8.1.5. - Change of Tenancy or Ownership

No change of title or possession or right to possession of land involved shall be construed to prevent the continuance of such nonconformity.

8.2.1. - General

8.2.2. - Extension, Expansion, or Relocation

8.2.3. - Change in Use

The new nonconforming use is a permitted use in a more restrictive zoning district; and

The new nonconforming use would improve the character of the immediate neighborhood.

8.2.4. - Discontinuance or Abandonment of Nonconforming Use

Time spent renovating or repairing a structure that houses the nonconforming use is not considered a discontinuance of the use, provided:

All appropriate development permits are obtained;

The renovation or repair is completed within 18 months after commencement of the repair or renovation;

The use is reestablished within one month after completion of the renovation or repairs; and

Any discontinuance of use caused by government action without the contributing fault by the nonconforming user shall not be considered in determining the length of discontinuance.

8.2.5. - Structures Used for Nonconforming Use

Any reconstruction or repair of a damaged structure used for a nonconforming use shall be subject to the same provisions applicable to nonconforming structures in Sec. 8.3, Nonconforming Structures.

8.3.1. - General

Nonconforming structures shall be subject to the standards in this section.

8.3.2. - Relationship with Conforming and Nonconforming Uses

8.3.3. - Enlargement or Alteration

A nonconforming structure shall not be enlarged or structurally altered in any way that increases the nonconformity.

(Ord. No. 2862, § VIII, 8-18-2021)

8.3.4. - Relocation

8.3.5. - Reconstruction or Repair after Casualty Damage

The reconstruction or repair does not increase, expand, enlarge, or extend the degree of nonconformity; and

The reconstruction or repair begins within one year after the damage and is diligently pursued to completion.

(Ord. No. 2862, § IX, 8-18-2021)

8.4.1. - General

No development shall be established on a nonconforming lot of record except in accordance with the standards in this section.

8.4.2. - Structures on Nonconforming Lots

8.4.3. - Combination of Lots to Eliminate Nonconformity

8.4.4. - Governmental Acquisition of a Portion of Lot

Complies with Table 4.2.2, Principal Use Table;

Complies with the dimensional standards of the zoning district in which it is located, to the maximum extent practicable;

Complies with the off-street parking and landscaping standards of this LDC, to the maximum extent practicable;

Complies with all other standards and requirements of this LDC; and

Is designed and configured in a way that is compatible with surrounding development.

8.5.1. - Intent

(Ord. No. 2775, § XV, 7-15-2020)

8.5.2. - Exemptions

Signs that were in existence prior to or on December 6, 1972 (the date of the City's original sign ordinance) are deemed conforming, but shall be subject to the following standards herein.

(Ord. No. 2775, § XV, 7-15-2020)

8.5.3. - Enlargement, Alteration, and Use

A nonconforming sign shall not:

Be enlarged or structurally altered in any way that increases the nonconformity.

Expanded.

Be structurally changed, but its pictorial content may be changed.

Be structurally altered to prolong the life of a sign except to meet safety requirements.

Casual, temporary or illegal use of any sign shall not be sufficient to establish the existence of a nonconforming sign or to create any rights in the continuance of such sign.

(Ord. No. 2775, § XV, 7-15-2020)

8.5.4. - Reconstruction or Repair after Damage

The reconstruction or repair of a damaged nonconforming sign shall be subject to the following standards:

The reconstruction or repair does not increase, expand, enlarge, or extend the degree of nonconformity; and

The reconstruction or repair is begun within six consecutive months after the damage and is diligently pursued to completion within eight consecutive months. Building permits as required.

Damage Greater than 50 Percent of Value

(Ord. No. 2775, § XV, 7-15-2020)

8.5.5. - Abandonment or Discontinuance of a Sign

(Ord. No. 2775, § XV, 7-15-2020)

8.5.6. - Nonconforming Signs Along Federal Highways

(Ord. No. 2775, § XV, 7-15-2020)

8.6.1. - Purpose

8.6.2. - Applicability

For purposes of this section, the term "nonconforming site features" includes the following:

Nonconforming off-street parking;

Nonconforming landscaping; and

Nonconforming perimeter buffers.

This section does not apply to:

The reconstruction of a nonconformity damaged by a calamity; or

Repairs for normal maintenance.

8.6.3. - Interior and Exterior Remodeling of Structures

Nonconforming site features shall be brought into compliance in accordance with Table 8.6.3.B: Standards for Nonconforming Site Features.

Table 8.6.3.B: Standards for Nonconforming Site Features
Type of remodeling or expansion		Definition	Required Compliance
1	Remodeling	Remodeling or alterations that are not exempt from this section	See rows 2 through 4 below.
2	Remodeling Costing 25 Percent or Less of Structure Value	Remodeling of a structure in any continuous five-year period that costs 25 percent or less of the current assessed value of the structure.	There is no requirement for any upgrading of the nonconforming site features identified in Sec. 8.6.2.A.
3	Remodeling Costing between 25 and 75 Percent of Structure Value	Remodeling of a structure in any continuous five-year period that costs more than 25 percent, but less than 75 percent, of the current assessed value of the structure.	Action is required for the nonconforming site features identified in Sec. 8.6.2.A to be upgraded towards compliance with the standards of this LDC by a corresponding percentage of full compliance, up to achievement of 100 percent compliance. Example: A nonresidential site with nonconforming off-street parking (site feature) with an assessed value of $100,000 is undergoing remodeling equaling $40,000 (40% of the assessed value). The developer must add a corresponding number of additional required parking spaces until the site fully complies. If the site at the time of remodel has 10 parking spaces, but the LDC requires a minimum of 20 for the use that is proposed (10 more spaces are required for the site to be conforming), the applicant would be required to provide 40% of the 20 spaces - or 8 more parking spaces, bringing the total number of spaces on the site to 18 spaces.
4	Remodeling Costing 75 Percent or More of Structure Value	Remodeling of a structure in any continuous five-year period that costs 75 percent or more of the current assessed value of the structure.	Action is required for all nonconforming site features identified in Sec. 8.6.2.A to be upgraded to achieve 100 percent compliance with the standards of this LDC.
5	Addition and Expansion	Additions or expansions to buildings, structures, or use areas on sites with nonconforming site feature	See rows 6 through 8 below.
6	Additions and Expansion Less than 20 Percent	Additions or expansions to a structure or use area in any continuous five-year period that increase the gross square footage of the structure or use area (measured at the beginning of the five-year period) by 20 percent or less.	There is no requirement for any upgrading of the nonconforming site features identified in Sec. 8.6.2.A.
7	Additions and Expansions between 20 and 60 Percent	Additions or expansions to a structure or use area in any continuous five-year period that increase the gross square footage of the structure or use area (measured at the beginning of the five-year period) by more than 20 percent but less than 60 percent.	Action is required for the nonconforming site features identified in Sec. 8.6.2.A to be installed or upgraded towards compliance with the standards of this LDC by a corresponding percentage of full compliance, up to achievement of 100 percent compliance. Example: Under this LDC's minimum off-street parking space standards, an existing building, if built today, would be required to provide at least 40 parking spaces, but the site only contains 20 spaces. If the building is expanded by 30 percent of its gross floor area, the expansion project must add 12 parking spaces (30% × 40 required spaces), increasing compliance from 50 percent (20 of 40 required spaces) to 80 percent (32 of 40 required spaces). A subsequent addition whose size also equals 30 percent of existing building size might seem to call for addition of another 12 spaces (30% × 40 required spaces), but actually only 8 new spaces would be required to achieve 100% compliance (32 + 8 = 40 spaces).
8	Additions and Expansions Greater than 60 Percent	Additions or expansions to a structure or use area in any continuous five-year period that increase the gross square footage of the structure or use area (measured at the beginning of the five-year period) by more than 60 percent.	Action is required for all nonconforming site features identified in Sec. 8.6.2.A to be installed or upgraded to achieve 100 percent compliance with the standards of this LDC.
9	Generally	The situations referred to in rows 10—12 below apply to any structural alterations or expansions	See rows 10 through 11.
10	Five or Fewer Parking Spaces Required as a Part of a Change in Use	Remodeling project to install five or fewer additional off-street parking spaces as a part of a change in use.	Such additional off-street parking is not required to be installed.
11	Additions and Expansions of Outdoor Use Areas Only	Only outdoor operations, storage, and display areas are being added or expanded on a site.	The percentage increase in the gross square footage of the outdoor operations, storage, and display areas shall require perimeter buffers and screening to be installed or upgraded towards compliance with the standards of this LDC by a corresponding percentage of full compliance. The increased perimeter buffer and screening shall be located so as to achieve the performance objectives in Sec. 5.2, Landscaping and Buffer Standards, with priority given to screening the impacts of outdoor operations.

8.6.4. - Compliance to Maximum Extent Practicable on Constrained Properties

Apopka City Zoning Code

ARTICLE 8

NONCONFORMITIES

8.1.1. - Purpose and Scope

8.1.2. - Authority to Continue

Nonconformities are allowed to continue, and are encouraged to receive routine maintenance in accordance with the requirements of this article as a means of preserving safety and appearance.

8.1.3. - Determination of Nonconformity Status

In all cases, the burden of establishing that a nonconformity lawfully exists shall be the responsibility of the owner of the land on which the nonconformity is located.

8.1.4. - Minor Repairs and Maintenance

Repairs that are necessary to maintain a nonconforming use, structure, lot of record, sign, or site feature in a safe condition; and

Maintenance of land areas to protect against health hazards and promote the safety of surrounding uses.

8.1.5. - Change of Tenancy or Ownership

No change of title or possession or right to possession of land involved shall be construed to prevent the continuance of such nonconformity.

8.2.1. - General

8.2.2. - Extension, Expansion, or Relocation

8.2.3. - Change in Use

The new nonconforming use is a permitted use in a more restrictive zoning district; and

The new nonconforming use would improve the character of the immediate neighborhood.

8.2.4. - Discontinuance or Abandonment of Nonconforming Use

Time spent renovating or repairing a structure that houses the nonconforming use is not considered a discontinuance of the use, provided:

All appropriate development permits are obtained;

The renovation or repair is completed within 18 months after commencement of the repair or renovation;

The use is reestablished within one month after completion of the renovation or repairs; and

Any discontinuance of use caused by government action without the contributing fault by the nonconforming user shall not be considered in determining the length of discontinuance.

8.2.5. - Structures Used for Nonconforming Use

Any reconstruction or repair of a damaged structure used for a nonconforming use shall be subject to the same provisions applicable to nonconforming structures in Sec. 8.3, Nonconforming Structures.

8.3.1. - General

Nonconforming structures shall be subject to the standards in this section.

8.3.2. - Relationship with Conforming and Nonconforming Uses

8.3.3. - Enlargement or Alteration

A nonconforming structure shall not be enlarged or structurally altered in any way that increases the nonconformity.

(Ord. No. 2862, § VIII, 8-18-2021)

8.3.4. - Relocation

8.3.5. - Reconstruction or Repair after Casualty Damage

The reconstruction or repair does not increase, expand, enlarge, or extend the degree of nonconformity; and

The reconstruction or repair begins within one year after the damage and is diligently pursued to completion.

(Ord. No. 2862, § IX, 8-18-2021)

8.4.1. - General

No development shall be established on a nonconforming lot of record except in accordance with the standards in this section.

8.4.2. - Structures on Nonconforming Lots

8.4.3. - Combination of Lots to Eliminate Nonconformity

8.4.4. - Governmental Acquisition of a Portion of Lot

Complies with Table 4.2.2, Principal Use Table;

Complies with the dimensional standards of the zoning district in which it is located, to the maximum extent practicable;

Complies with the off-street parking and landscaping standards of this LDC, to the maximum extent practicable;

Complies with all other standards and requirements of this LDC; and

Is designed and configured in a way that is compatible with surrounding development.

8.5.1. - Intent

(Ord. No. 2775, § XV, 7-15-2020)

8.5.2. - Exemptions

Signs that were in existence prior to or on December 6, 1972 (the date of the City's original sign ordinance) are deemed conforming, but shall be subject to the following standards herein.

(Ord. No. 2775, § XV, 7-15-2020)

8.5.3. - Enlargement, Alteration, and Use

A nonconforming sign shall not:

Be enlarged or structurally altered in any way that increases the nonconformity.

Expanded.

Be structurally changed, but its pictorial content may be changed.

Be structurally altered to prolong the life of a sign except to meet safety requirements.

Casual, temporary or illegal use of any sign shall not be sufficient to establish the existence of a nonconforming sign or to create any rights in the continuance of such sign.

(Ord. No. 2775, § XV, 7-15-2020)

8.5.4. - Reconstruction or Repair after Damage

The reconstruction or repair of a damaged nonconforming sign shall be subject to the following standards:

The reconstruction or repair does not increase, expand, enlarge, or extend the degree of nonconformity; and

The reconstruction or repair is begun within six consecutive months after the damage and is diligently pursued to completion within eight consecutive months. Building permits as required.

Damage Greater than 50 Percent of Value

(Ord. No. 2775, § XV, 7-15-2020)

8.5.5. - Abandonment or Discontinuance of a Sign

(Ord. No. 2775, § XV, 7-15-2020)

8.5.6. - Nonconforming Signs Along Federal Highways

(Ord. No. 2775, § XV, 7-15-2020)

8.6.1. - Purpose

8.6.2. - Applicability

For purposes of this section, the term "nonconforming site features" includes the following:

Nonconforming off-street parking;

Nonconforming landscaping; and

Nonconforming perimeter buffers.

This section does not apply to:

The reconstruction of a nonconformity damaged by a calamity; or

Repairs for normal maintenance.

8.6.3. - Interior and Exterior Remodeling of Structures

Nonconforming site features shall be brought into compliance in accordance with Table 8.6.3.B: Standards for Nonconforming Site Features.

Table 8.6.3.B: Standards for Nonconforming Site Features
Type of remodeling or expansion		Definition	Required Compliance
1	Remodeling	Remodeling or alterations that are not exempt from this section	See rows 2 through 4 below.
2	Remodeling Costing 25 Percent or Less of Structure Value	Remodeling of a structure in any continuous five-year period that costs 25 percent or less of the current assessed value of the structure.	There is no requirement for any upgrading of the nonconforming site features identified in Sec. 8.6.2.A.
3	Remodeling Costing between 25 and 75 Percent of Structure Value	Remodeling of a structure in any continuous five-year period that costs more than 25 percent, but less than 75 percent, of the current assessed value of the structure.	Action is required for the nonconforming site features identified in Sec. 8.6.2.A to be upgraded towards compliance with the standards of this LDC by a corresponding percentage of full compliance, up to achievement of 100 percent compliance. Example: A nonresidential site with nonconforming off-street parking (site feature) with an assessed value of $100,000 is undergoing remodeling equaling $40,000 (40% of the assessed value). The developer must add a corresponding number of additional required parking spaces until the site fully complies. If the site at the time of remodel has 10 parking spaces, but the LDC requires a minimum of 20 for the use that is proposed (10 more spaces are required for the site to be conforming), the applicant would be required to provide 40% of the 20 spaces - or 8 more parking spaces, bringing the total number of spaces on the site to 18 spaces.
4	Remodeling Costing 75 Percent or More of Structure Value	Remodeling of a structure in any continuous five-year period that costs 75 percent or more of the current assessed value of the structure.	Action is required for all nonconforming site features identified in Sec. 8.6.2.A to be upgraded to achieve 100 percent compliance with the standards of this LDC.
5	Addition and Expansion	Additions or expansions to buildings, structures, or use areas on sites with nonconforming site feature	See rows 6 through 8 below.
6	Additions and Expansion Less than 20 Percent	Additions or expansions to a structure or use area in any continuous five-year period that increase the gross square footage of the structure or use area (measured at the beginning of the five-year period) by 20 percent or less.	There is no requirement for any upgrading of the nonconforming site features identified in Sec. 8.6.2.A.
7	Additions and Expansions between 20 and 60 Percent	Additions or expansions to a structure or use area in any continuous five-year period that increase the gross square footage of the structure or use area (measured at the beginning of the five-year period) by more than 20 percent but less than 60 percent.	Action is required for the nonconforming site features identified in Sec. 8.6.2.A to be installed or upgraded towards compliance with the standards of this LDC by a corresponding percentage of full compliance, up to achievement of 100 percent compliance. Example: Under this LDC's minimum off-street parking space standards, an existing building, if built today, would be required to provide at least 40 parking spaces, but the site only contains 20 spaces. If the building is expanded by 30 percent of its gross floor area, the expansion project must add 12 parking spaces (30% × 40 required spaces), increasing compliance from 50 percent (20 of 40 required spaces) to 80 percent (32 of 40 required spaces). A subsequent addition whose size also equals 30 percent of existing building size might seem to call for addition of another 12 spaces (30% × 40 required spaces), but actually only 8 new spaces would be required to achieve 100% compliance (32 + 8 = 40 spaces).
8	Additions and Expansions Greater than 60 Percent	Additions or expansions to a structure or use area in any continuous five-year period that increase the gross square footage of the structure or use area (measured at the beginning of the five-year period) by more than 60 percent.	Action is required for all nonconforming site features identified in Sec. 8.6.2.A to be installed or upgraded to achieve 100 percent compliance with the standards of this LDC.
9	Generally	The situations referred to in rows 10—12 below apply to any structural alterations or expansions	See rows 10 through 11.
10	Five or Fewer Parking Spaces Required as a Part of a Change in Use	Remodeling project to install five or fewer additional off-street parking spaces as a part of a change in use.	Such additional off-street parking is not required to be installed.
11	Additions and Expansions of Outdoor Use Areas Only	Only outdoor operations, storage, and display areas are being added or expanded on a site.	The percentage increase in the gross square footage of the outdoor operations, storage, and display areas shall require perimeter buffers and screening to be installed or upgraded towards compliance with the standards of this LDC by a corresponding percentage of full compliance. The increased perimeter buffer and screening shall be located so as to achieve the performance objectives in Sec. 5.2, Landscaping and Buffer Standards, with priority given to screening the impacts of outdoor operations.