The lawful use of any structure or land existing at the time of the adoption of the ordinance from which this article is derived, or any amendment thereof, may be continued although such use, structure or land does not conform with the requirements of this article, subject to the following provisions:

(1)

Unsafe structures. Any structure, or portion thereof, declared to be unsafe may be restored to a safe condition.

(2)

Construction approved prior to regulations. Nothing in this section shall require any change in the plans, construction or designated use of a structure for which a building permit has been issued and the construction of which has been diligently carried on since the issuance of such building permit.

(3)

Existing structures and premises; extensions; repairs and maintenance.

a.

An existing structure devoted to a use not permitted by this article in the district in which it is located shall not be enlarged, extended, constructed, moved or structurally altered. Except as provided in this article, a nonconforming structure, or a structure on a parcel of land that is nonconforming, shall not be enlarged, extended, constructed, moved or structurally altered, notwithstanding whether or not such proposed enlargement, extension or alteration conforms to the provisions of this article.

b.

A nonconforming use of a structure shall not be extended to other parts of the structure, and no such use shall be extended to occupy any land outside of such structure.

c.

Only ordinary repairs and maintenance and interior alterations not involving structural changes of structures that are nonconforming for any reason shall be permitted under this section.

(4)

Restoration. A nonconforming structure which is damaged or destroyed in excess of 50 percent or more of its then fair market value, by deterioration, flood, fire, explosion, earthquake, war, riot or act of God, may not be reconstructed or restored for use, except in compliance with the requirements of this article.

(5)

Structural conversions. Subsections (3) and (4) of this section shall not apply to any construction, structural alteration, extension, addition or repair where such construction, structural alteration, extension, addition or repair, as proposed, would convert a nonconforming use into a use which conforms with all of the pertinent requirements of this article.

(6)

Discontinuance. When a nonconforming use of land or a structure has been discontinued, such land or structure shall then be utilized only for a use permitted within the district in which the land or structure is located.

(7)

Replacement.

a.

Dwelling units.

1.

Notwithstanding any other provision of this article to the contrary, any structure which contains dwelling units for permanent residence, including apartments and condominiums, may be structurally repaired, reconstructed, improved or altered on or within the original foundation plan, provided such structure retains its character of containing dwelling units to be used for permanent residence and, provided, the cost of such repairs is less than 50 percent of the fair market value of the structure either:

i.

Before the improvement is started; or

ii.

If the structure has been damaged and is being restored, before the damage occurred.

For purposes of this subsection, the improvement is considered to occur when the first alteration in any wall, ceiling, floor or other structural part of the building commences.

2.

Notwithstanding any other provision of this article to the contrary, any structure which contains dwelling units for permanent residence, including apartments and condominiums, may be replaced, repaired, reconstructed or altered, the cost of which equals or exceeds 50 percent of the fair market value as provided in subsection (7)a.1.i. of this section with similarly sized dwelling units, which comply with the minimum floor area requirements within a structure which complies with the minimum floor area, maximum land coverage and yard relations of the particular zoning district in which the structure is located.

3.

Where existing dwelling units are located in the coastal high hazard area, zone V, and are required to build the lowest habitable floor at an elevation greater than that which previously existed, such units and/or structures may exceed the maximum height requirements of the zoning district by an amount not to exceed the positive difference between the required first floor elevation and the first floor elevation that had previously existed.

b.

Other permitted uses.

1.

Notwithstanding any other provision of this article to the contrary, any structure which contains permitted uses as provided in the particular zoning district in which it is located may be structurally repaired, reconstructed, improved or altered on or within the original foundation plan, provided such structure retains its character of containing permitted uses and, provided, the cost of such repairs is less than 50 percent of the fair market value of the structure either:

i.

Before the improvement is started; or

ii.

If the structure has been damaged and is being restored, before the damage occurred.

For the purposes of this subsection, the improvement is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences.

2.

Notwithstanding any other provision of this article to the contrary, any structure which contains permitted uses as provided in the particular zoning district in which it is located may be replaced, repaired, reconstructed or altered, the cost of which equals or exceeds 50 percent of the fair market value, as provided in subsection (7)b.1.i. of this section, with similarly sized occupancies or units which comply with the minimum floor area, maximum land coverage and yard regulations of the particular zoning district within which the structure is located.

(Ord. No. 94-08, § 1(27-23), 6-6-1994)

(a)

"Declaration of disaster area" is defined to mean a declared disaster or emergency within the corporate limits of the city, as declared by the city council, board of county commissioners or the governor of the state, resulting in substantial damage or total destruction to real property within the city.

(b)

Notwithstanding any provision of this Code to the contrary, a multi-family structure, hotel, motel or motor lodge located in zoning district RMI may be rebuilt to the same density, height, rear and side setbacks of the existing structure, except that front setbacks, the coastal construction control line, floodplain regulations, fire codes and parking requirements shall conform the current code regulations.

(Ord. No. 02-10, § 1, 7-29-2002; Ord. No. 04-13, § 1, 12-6-2004)