The purpose of this chapter is to regulate and limit the development and continued existence of uses, structures, and lawful lots established prior to the effective date of these LDRs which do not conform to the requirements of these LDRs. Many non-conformities may continue, but the provisions of this chapter are designed to curtail substantial investment in nonconformities and to bring about their eventual improvement or elimination in order to preserve the integrity of these regulations and the character of the City. Any nonconforming use, structure, or lot which lawfully existed as of the effective date of these LDRs and which remains nonconforming, and any use, structure, or lot which has become nonconforming as a result of the adoption of these LDRs or any subsequent amendment to these LDRs may be continued or maintained only in accordance with the terms of this chapter.

(Ord. No. 99-09, § 1(Exh. A, § 1201), 7-13-99)

A nonconforming use or structure shall not be expanded or extended beyond the floor area or lot area that it occupied on the effective date of these LDRs or the effective date of any amendment to these LDRs rendering such use nonconforming, except as provided for development determined to have vested rights pursuant to subsection 31-3(b)(2), or as provided in this Article.

(Ord. No. 99-09, § 1(Exh. A, § 1202), 7-13-99; Ord. No. 2002-07, § 6, 3-5-02; Ord. No. 2019-07, § 2, 5-7-19)

If a nonconforming use or structure is discontinued or abandoned, whether intentionally or not for a period of 90 consecutive days, including any period of discontinuation or abandonment before the effective date of these LDRs, then that use or structure shall not be renewed or re-established and any subsequent use of the lot or structure shall conform to the use regulations of the land use district in which it is located.

(Ord. No. 99-09, § 1(Exh. A, § 1203), 7-13-99; Ord. No. 2002-07, § 7, 3-5-02)

A nonconforming use may be changed to a permitted use or conditional use for the zoning district in which the property is located subject to the review and approval requirements of the appropriate zoning district and Conditional Uses Regulations contained in these LDRs.

(Ord. No. 99-09, § 1(Exh. A, § 1204), 7-13-99)

(a)

Ordinary repairs and maintenance may be made to a nonconforming structure. The Community Development Department shall determine what constitutes "ordinary repairs and maintenance", in accordance with the criteria that such repairs and maintenance do not substantially alter the structure, result in a change of occupancy of the structure or contravene or circumvent other provisions hereof.

(b)

If a nonconforming structure is destroyed or damaged by a fire, flood, windstorm, or similar abnormal and identifiable event, and the cost of restoring the structure to its condition which existed immediately prior to the event does not exceed 50 percent of the cost of replacing the entire structure, then the structure may be restored to its original nonconforming condition, provided that a building permit is secured and reconstruction is started within 365 days from the date of the damage, and such reconstruction is diligently pursued to completion prior to the expiration of building permits.

(c)

If a nonconforming structure is destroyed or damaged by a fire, flood, windstorm, or similar abnormal and identifiable event, and the cost of restoring the structure to its condition existing immediately prior to the event exceeds 50 percent of the cost of replacing the entire structure, then the structure shall not be restored unless the structure as restored, and the use thereof, will thereafter conform to all requirements of the zoning district in which it is located. Notwithstanding the above, structures may be restored when all of the criteria listed below are met.

(1)

Provides no greater height, provides no greater number of dwelling units (as to residential structures) and no greater quantity of square feet of gross floor area (as to commercial structures) than that which lawfully existed immediately prior to the event of destruction; and

(2)

Requires a variance, if any, only from setbacks, lot coverage, height, floor area ratio, motor vehicle parking area, landscaping, open-space or similar criteria, if the grant of such variance would result in development which is still compatible with surrounding uses and structures and does not result in restoring a non-conforming land use which is specifically prohibited as a use by the LDRs. Compatibility shall be determined upon application for a variance pursuant to section 31-76, except that the specific compatibility criteria described below shall be used in lieu of the unnecessary hardship standard of section 31-76(e).

(3)

In accordance with paragraph (2) above, restoration shall be found to be compatible if each of the elements for which a variance is necessary, when balanced with all features of the proposed restoration, do not impair the purposes of these LDRs in assuring that the grant of a variance:

a.

Maintains the basic intent of the LDRs;

b.

Is not detrimental to the appearance of the community as protected by the LDRs;

c.

Is compatible with the surrounding land uses and structures and is not detrimental to the community.

(d)

The restriction upon restoration and rebuilding which is provided by subsection (c) above, shall not apply to damages or destruction to any residentially developed property which damage or destruction is caused by a hurricane or other natural disaster affecting a substantial portion of the community and not primarily affecting an isolated property or development. This provision is intended to avoid disruption of housing availability and to avoid inconvenience to the residential population.

(e)

The restriction upon restoration and rebuilding which is provided by subsection (c) above, shall not apply to damages or destruction to any property within a Community Facility zoning district or commercially developed property which damage or destruction is caused by a hurricane or other natural disaster affecting a substantial portion of the community and not primarily affecting an isolated property or development. This provision concerning commercially developed property shall not be applicable to the City's redevelopment area described on Exhibit "1" attached hereto and incorporated herein [by reference]. This provision concerning commercially developed property is intended to avoid disruption of economic resources and employment centers within the City so as to assure continued economic growth and development. This subsection (e) shall not be applicable to sign structures.

(Ord. No. 99-09, § 1(Exh. A, § 1205), 7-13-99; Ord. No. 99-15, § 1, 10-5-99)

Editor's note— Exhibit "1" of Ord. No. 99-09, § 1(Exh. A), adopted July 13, 1999, as referred to in § 31-275(e) above, has not been included within this Code, but may be found on file in the office of the City Clerk.

(a)

Except as provided in this section, a nonconforming structure shall not be enlarged in any manner or undergo any structural alteration unless to make it a conforming structure. Such alteration or enlargement may be permitted provided that:

(1)

The enlargement or alteration itself conforms to the requirements of these regulations; and

(2)

The total structure as enlarged or altered does not diminish the total required yard area or exceed the maximum density or intensity limit for the applicable district; and

(3)

The use of the structure is conforming; and

(4)

The property owner or developer secures conditional use approval for the enlargement or addition in accordance with the procedures in these LDRs.

(b)

This section shall not bar an alteration or enlargement which is authorized by subsection 31-3(2)b., concerning vested rights, under those circumstances in which the right to alter or enlarge an existing lawfully nonconforming structure is vested.

(c)

This section shall not bar an alteration or enlargement of a lawfully nonconforming Assisted Living Facility (ALF) use or structure existing at the date of adoption of this section (c), where such alteration or enlargement is limited to common areas and amenities for the ALF only and does not increase the number of beds, number of employees and/or building height.

(Ord. No. 99-09, § 1(Exh. A, § 1206), 7-13-99; Ord. No. 2019-07, § 2, 5-7-19)

A nonconforming structure shall not be moved in whole or in part to any other location unless every portion of such structure and the use thereof is made to conform with all requirements for the district to which such structure is moved. The moving of the structure also shall comply with the requirements of other applicable City regulations.

(Ord. No. 99-09, § 1(Exh. A, § 1207), 7-13-99)

(a)

Subdivision of nonconforming lots. When two or more contiguous, vacant, nonconforming lots of record are in a single ownership, if such lots are subdivided, they must be subdivided in such manner as will make them conforming. If this is impossible or impractical the City Commission may grant such variance from this requirement in conformance with the requirements of subsection 31-76(e) of these regulations.

(Ord. No. 99-09, § 1(Exh. A, § 1208), 7-13-99)