Brevard City Zoning Code

CHAPTER 14

NONCONFORMITIES

14.1. Purpose and applicability.

The purpose of this section is to regulate and limit the continued existence of uses and structures established prior to the effective date of this ordinance (or any subsequent amendment) that do not conform to this ordinance. Any nonconformity created by a change in the classification of property or the text of these regulations shall also be regulated by the provisions of this section. Many nonconformities may continue, but the provisions of this section are intended and designed to limit substantial investment in nonconformities and to bring about eventual elimination and/or lessen their impact upon surrounding conforming uses in order to preserve the integrity of the area in which it is located.

Effective on: 1/1/1901

14.2. Nonconforming uses.

Nonconforming uses of land or structures, and nonconforming structures that contain nonconforming uses may continue only in accordance with the provisions of this section, but this section shall only apply to the extent these or such nonconformities fully and clearly meet the definition of "non-conforming use" in CHAPTER 19 of this ordinance.

A nonconforming non-residential use shall not be expanded, changed to another non-conforming use, or enlarged, nor shall such a nonconforming use be enlarged by additions to the structure in which the nonconforming use is located (either attached or detached). However, if a nonconforming non-residential use can expand within the existing structure, it may do so as long as the administrator determines that the interior expansion will not have a negative impact upon surrounding conforming uses. Any occupation of additional lands beyond the boundaries of the lot on which the nonconforming use is located is prohibited.

An existing nonconforming residential use may be enlarged or altered. Any such enlargement or alteration shall be in compliance with all yard requirements and other regulations of such structures as required in the specific district.

Once a nonconforming use has been changed to a conforming use, it shall not revert or be used for any nonconforming use.

If a nonconforming use is abandoned for 180 consecutive calendar days or more, the use shall not be allowed to be re-established. All new uses subsequently established shall be conforming.

Effective on: 1/1/1901

14.3. Nonconforming principal structures.

A nonconforming principal structure containing a use permitted in the district may continue only in accordance with the provisions of this chapter.

Normal repair and maintenance may be performed to allow the continuation of nonconforming structures and any nonconforming use contained therein.

A nonconforming structure may not, under any circumstances, be enlarged or altered in a way which increases its nonconformity.

Subject to the provisions of Section 14.3(E) and 14.3(F), when a nonconforming structure is moved on lot upon which it is located, it shall, if possible, be moved so as to make the structure conforming. Otherwise, the moved structure shall be placed on the lot in as conforming a manner as possible.

If a nonconforming structure is significantly damaged or significantly improved, the following requirements shall apply in the issuance of any permit:

1.
Where modifications are proposed to repair damages to a structure, a permit for reconstruction of such structure must be secured no later than 180 days from the date of its destruction.
2.
If the structure can be rebuilt on the same lot and meet all district and building type requirements, it shall be.
3.
If the structure cannot be rebuilt at the same size (ground floor area) in accordance with the minimum standards of the district in which it is located or building type, then it shall be placed on the lot in as conforming a manner as possible.
4.
A nonconforming structure shall not be rebuilt in a manner which increases its nonconformity.
5.
Significant damage and/or significant improvement to any non-conforming structure that is located within a lot containing any other non-conforming condition shall, to the maximum extent possible, require the satisfaction all other requirements of this ordinance and the elimination of all non-conforming conditions. Examples include, but are not limited to, the provision of sufficient parking, landscaping and buffering, and public improvements (i.e., sidewalks and other), and full compliance with all applicable signage, flood hazard reduction, surface water protection, and stormwater management provisions.
6.
In no case shall significantly damaged structure be rebuilt so as to encroach upon any public right-of-way, easement, regulatory floodway, surface water protection area or except as allowed by CHAPTER 6 of this ordinance or Chapter 34 of Brevard City Code.
7.
A non-conforming use which existed within the structure to which modifications are made may reoccupy such structure upon issuance of certificate of occupancy provided that:
1. a.
  Modifications do not result in an expansion of the nonconforming use.
2. b.
  The nonconforming use is reestablished within the structure within 60 days of the issuance of a certificate of occupancy.
3. c.
  Any use requiring the issuance of a special use permit shall not be reestablished in a district within which such special use is not permitted.

If a nonconforming structure is substantially damaged or substantially improved, the structure, all nonconforming uses contained therein, and all non-conforming conditions within the same property (i.e., parking, landscaping, signage, flood hazard issues, and etc.) shall be brought into full compliance with the requirements of this ordinance.

1.
This provision shall not necessitate full compliance with CHAPTER 5 unless the applicability standards of Section 5.2 are met.

(Ord. No. 20-09, § 4(Exh. B(6)), 9-21-09)

Effective on: 1/1/1901

14.4. Nonconforming manufactured homes/mobile homes, and mobile home parks.

A nonconforming manufactured home may only be replaced in accordance with the standards set forth in Section 3.5.1.

A manufactured home may continue to be placed or replaced within a non-conforming manufactured home subdivision or park on previously platted lots or previously approved spaces, as well as make any necessary improvements to the subdivision or park infrastructure, but shall not be permitted to expand the area or number of units contained within the boundary of the subdivision or park, except as otherwise provided in CHAPTER 2 of this ordinance.

A nonconforming manufactured home may be replaced with another manufactured home only if the manufactured home meets all regulating district requirements.

( Ord. No. 2020-23 , § 1(Exh. A), 10-19-20)

Effective on: 1/1/1901

14.5. Nonconforming accessory uses and structures.

A nonconforming accessory use may not be expanded.

A nonconforming accessory structure may be expanded only if the expansion does not increase the nonconforming condition of the structure.

No nonconforming accessory use or accessory structure shall continue after the principal use or structure is substantially or significantly damaged or improved, or if the principal use or structure is terminated by abandonment, damage, or destruction unless such accessory use or accessory structure is made to conform to the standards for the zoning district in which it is located. No nonconforming accessory use or structure shall become or replace any terminated principal nonconforming use or structure.

Effective on: 1/1/1901

14.6. Nonconforming lots.

Except as provided herein, a nonconforming vacant lot may be developed for any of the uses permitted by these regulations in the district in which it is located, provided that the use meets all applicable yard and setback requirements for the district in which the lot is located.

1.
In such cases, the administrator shall require evidence of the presence of a deeded right-of-way or other access easement prior to the issuance of any permit.

A nonconforming vacant lot shall not be developed if it can be combined with an adjoining lot owned by the same entity on or after the effective date of these regulations in order to create a single lot. For the purposes of this section, "adjoining" shall be deemed to mean the sharing of one or more common lot lines and access to both lots can be provided by the same street without crossing that street.

A nonconforming lot may be developed if, at the effective date of this ordinance, the lot is located in:

1.
A subdivision in which the lot is located has received preliminary plat approval; or
2.
A subdivision in which the lot is located has received final plat approval.

The administrator may permit the establishment of a private right-of-way or access easement in order to facilitate access to pre-existing land-locked parcels. However, the provision of such private access shall not be considered satisfactory of the street frontage requirement unless it fully complies with the requirements of Section 4.2.3.

No subdivision activity shall be permitted on parcels of land that do not meet the street frontage requirements of this ordinance. This requirement shall apply regardless of the size of the landlocked or otherwise non-compliant parcel.

(Ord. No. 2024-23, § 1(Exh. A), 6-3-24)

Effective on: 6/3/2024

14.7. Nonconforming signs.

Nonconforming signs shall be removed in accordance with the amortization provisions set forth in CHAPTER 12.

Any nonconforming sign that is located upon the same property as any structure, use, or activity that is the subject of any land development permit application shall be brought into compliance with the provisions of this ordinance prior to the issuance of such land development permit application.

Effective on: 1/1/1901

14.8. Nonconforming landscaping, screening, buffering, and lighting.

Any property shall fully comply with all landscaping, buffering, screening, and lighting requirements if any of the following activities occurs within the same lot or project:

1.
An expansion of the heated square footage of an existing primary structure.
2.
The construction of a new primary structure.
3.
Significant or substantial damage or improvement to a principal structure.
4.
A change to a more intensive use of an existing structure.
5.
The establishment of additional primary uses.
6.
Approval of any application for the establishment of a special use, conditional zoning district, group development.
7.
Expansions to the parking area or loading areas which increase the total area more than 40 percent shall be required to comply with all applicable parking and loading area landscaping and screening.

Outdoor light fixtures installed prior to the effective date of this ordinance are exempt from the provisions of CHAPTER 11, provided that no change in use, replacement, and structural alteration of outdoor light fixtures shall be made unless it conforms to the provisions of this ordinance.

(Ord. No. 15-08, § 34, 12-5-08; Ord. No. 2021-16 , § 1(Exh. A), 4-19-21)

Effective on: 1/1/1901

14.9. Nonconforming street improvements.

A lot (excluding those containing one pre-existing single-family structure), group development, or planned development shall fully comply with all street improvement requirements of CHAPTER 13 along the fronting streets including, but not limited to, turning and traffic storage lanes, sidewalks, multi-use paths, bike lanes, and curb and gutter, if any of the following activities occurs within the same lot or project:

1.
An expansion of the heated square footage of an existing primary structure.
2.
The construction of a new primary structure.
3.
Significant or substantial damage or improvement to a principal structure.
4.
A change to a more intensive use of an existing structure.
5.
The establishment of additional primary uses.
6.
Approval of any application for the establishment of a special use, conditional zoning district, or group development.
7.
Expansions to the parking area or loading areas which increase the total area more than 40 percent shall be required to comply with all applicable parking and loading area landscaping and screening.

(Ord. No. 15-08, § 35, 12-5-08; Ord. No. 2021-16 , § 1(Exh. A), 4-19-21; Ord. No. 2024-23, § 1(Exh. A), 6-3-24)

Effective on: 6/3/2024

14.10. Nonconforming plans.

Any site specific plan for the development of property and/or construction of a building which has received final approval by the City of Brevard for development and/or construction, but does not conform to this ordinance, may be developed and/or constructed in accordance with the ordinance, rules, and regulations in effect at the time that it was approved, including any conditions imposed upon approval.

A property owner with an approved site specific plan as identified above may elect to develop such property and/or construct such building in accordance with the terms and provisions of this ordinance and the rules and regulations upon which the plan was approved. The property owner shall notify the administrator assigned to approve such plan. A property owner shall be notified in writing of additional required approvals or modifications which may be necessary in order for the plan to conform to the ordinance.

Any amendment or modification to an approved site specific plan, which would have required approval pursuant to the ordinance, rule or regulation by which the plan was originally approved, shall be reviewed and considered in accordance with the terms and provisions of this ordinance as if it were an amendment or modification to a plan originally approved under this ordinance.

This section does not prohibit the exercise of any vested right established by common law, ordinance or statute.

(Ord. No. 15-08, § 36, 12-5-08)

Effective on: 1/1/1901

14.11. Phasing for the purposes of evasion of the provisions of this chapter.

In no case shall the development of property or the modification of a structure, lot, sign, use, or other matters addressed by this chapter be phased so as to circumvent the provisions of this ordinance.

Effective on: 1/1/1901

Brevard City Zoning Code

CHAPTER 14

NONCONFORMITIES

14.1. Purpose and applicability.

Effective on: 1/1/1901

14.2. Nonconforming uses.

Once a nonconforming use has been changed to a conforming use, it shall not revert or be used for any nonconforming use.

If a nonconforming use is abandoned for 180 consecutive calendar days or more, the use shall not be allowed to be re-established. All new uses subsequently established shall be conforming.

Effective on: 1/1/1901

14.3. Nonconforming principal structures.

A nonconforming principal structure containing a use permitted in the district may continue only in accordance with the provisions of this chapter.

Normal repair and maintenance may be performed to allow the continuation of nonconforming structures and any nonconforming use contained therein.

A nonconforming structure may not, under any circumstances, be enlarged or altered in a way which increases its nonconformity.

If a nonconforming structure is significantly damaged or significantly improved, the following requirements shall apply in the issuance of any permit:

1.
Where modifications are proposed to repair damages to a structure, a permit for reconstruction of such structure must be secured no later than 180 days from the date of its destruction.
2.
If the structure can be rebuilt on the same lot and meet all district and building type requirements, it shall be.
3.
If the structure cannot be rebuilt at the same size (ground floor area) in accordance with the minimum standards of the district in which it is located or building type, then it shall be placed on the lot in as conforming a manner as possible.
4.
A nonconforming structure shall not be rebuilt in a manner which increases its nonconformity.
5.
Significant damage and/or significant improvement to any non-conforming structure that is located within a lot containing any other non-conforming condition shall, to the maximum extent possible, require the satisfaction all other requirements of this ordinance and the elimination of all non-conforming conditions. Examples include, but are not limited to, the provision of sufficient parking, landscaping and buffering, and public improvements (i.e., sidewalks and other), and full compliance with all applicable signage, flood hazard reduction, surface water protection, and stormwater management provisions.
6.
In no case shall significantly damaged structure be rebuilt so as to encroach upon any public right-of-way, easement, regulatory floodway, surface water protection area or except as allowed by CHAPTER 6 of this ordinance or Chapter 34 of Brevard City Code.
7.
A non-conforming use which existed within the structure to which modifications are made may reoccupy such structure upon issuance of certificate of occupancy provided that:
1. a.
  Modifications do not result in an expansion of the nonconforming use.
2. b.
  The nonconforming use is reestablished within the structure within 60 days of the issuance of a certificate of occupancy.
3. c.
  Any use requiring the issuance of a special use permit shall not be reestablished in a district within which such special use is not permitted.

1.
This provision shall not necessitate full compliance with CHAPTER 5 unless the applicability standards of Section 5.2 are met.

(Ord. No. 20-09, § 4(Exh. B(6)), 9-21-09)

Effective on: 1/1/1901

14.4. Nonconforming manufactured homes/mobile homes, and mobile home parks.

A nonconforming manufactured home may only be replaced in accordance with the standards set forth in Section 3.5.1.

A nonconforming manufactured home may be replaced with another manufactured home only if the manufactured home meets all regulating district requirements.

( Ord. No. 2020-23 , § 1(Exh. A), 10-19-20)

Effective on: 1/1/1901

14.5. Nonconforming accessory uses and structures.

A nonconforming accessory use may not be expanded.

A nonconforming accessory structure may be expanded only if the expansion does not increase the nonconforming condition of the structure.

Effective on: 1/1/1901

14.6. Nonconforming lots.

1.
In such cases, the administrator shall require evidence of the presence of a deeded right-of-way or other access easement prior to the issuance of any permit.

A nonconforming lot may be developed if, at the effective date of this ordinance, the lot is located in:

1.
A subdivision in which the lot is located has received preliminary plat approval; or
2.
A subdivision in which the lot is located has received final plat approval.

(Ord. No. 2024-23, § 1(Exh. A), 6-3-24)

Effective on: 6/3/2024

14.7. Nonconforming signs.

Nonconforming signs shall be removed in accordance with the amortization provisions set forth in CHAPTER 12.

Effective on: 1/1/1901

14.8. Nonconforming landscaping, screening, buffering, and lighting.

Any property shall fully comply with all landscaping, buffering, screening, and lighting requirements if any of the following activities occurs within the same lot or project:

1.
An expansion of the heated square footage of an existing primary structure.
2.
The construction of a new primary structure.
3.
Significant or substantial damage or improvement to a principal structure.
4.
A change to a more intensive use of an existing structure.
5.
The establishment of additional primary uses.
6.
Approval of any application for the establishment of a special use, conditional zoning district, group development.
7.
Expansions to the parking area or loading areas which increase the total area more than 40 percent shall be required to comply with all applicable parking and loading area landscaping and screening.

(Ord. No. 15-08, § 34, 12-5-08; Ord. No. 2021-16 , § 1(Exh. A), 4-19-21)

Effective on: 1/1/1901

14.9. Nonconforming street improvements.

1.
An expansion of the heated square footage of an existing primary structure.
2.
The construction of a new primary structure.
3.
Significant or substantial damage or improvement to a principal structure.
4.
A change to a more intensive use of an existing structure.
5.
The establishment of additional primary uses.
6.
Approval of any application for the establishment of a special use, conditional zoning district, or group development.
7.
Expansions to the parking area or loading areas which increase the total area more than 40 percent shall be required to comply with all applicable parking and loading area landscaping and screening.

(Ord. No. 15-08, § 35, 12-5-08; Ord. No. 2021-16 , § 1(Exh. A), 4-19-21; Ord. No. 2024-23, § 1(Exh. A), 6-3-24)

Effective on: 6/3/2024

14.10. Nonconforming plans.

This section does not prohibit the exercise of any vested right established by common law, ordinance or statute.

(Ord. No. 15-08, § 36, 12-5-08)

Effective on: 1/1/1901

14.11. Phasing for the purposes of evasion of the provisions of this chapter.

Effective on: 1/1/1901

Brevard City Zoning Code

CHAPTER 14

NONCONFORMITIES

14.1. Purpose and applicability.

Effective on: 1/1/1901

14.2. Nonconforming uses.

Once a nonconforming use has been changed to a conforming use, it shall not revert or be used for any nonconforming use.

If a nonconforming use is abandoned for 180 consecutive calendar days or more, the use shall not be allowed to be re-established. All new uses subsequently established shall be conforming.

Effective on: 1/1/1901

14.3. Nonconforming principal structures.

A nonconforming principal structure containing a use permitted in the district may continue only in accordance with the provisions of this chapter.

Normal repair and maintenance may be performed to allow the continuation of nonconforming structures and any nonconforming use contained therein.

A nonconforming structure may not, under any circumstances, be enlarged or altered in a way which increases its nonconformity.

If a nonconforming structure is significantly damaged or significantly improved, the following requirements shall apply in the issuance of any permit:

1.
Where modifications are proposed to repair damages to a structure, a permit for reconstruction of such structure must be secured no later than 180 days from the date of its destruction.
2.
If the structure can be rebuilt on the same lot and meet all district and building type requirements, it shall be.
3.
If the structure cannot be rebuilt at the same size (ground floor area) in accordance with the minimum standards of the district in which it is located or building type, then it shall be placed on the lot in as conforming a manner as possible.
4.
A nonconforming structure shall not be rebuilt in a manner which increases its nonconformity.
5.
Significant damage and/or significant improvement to any non-conforming structure that is located within a lot containing any other non-conforming condition shall, to the maximum extent possible, require the satisfaction all other requirements of this ordinance and the elimination of all non-conforming conditions. Examples include, but are not limited to, the provision of sufficient parking, landscaping and buffering, and public improvements (i.e., sidewalks and other), and full compliance with all applicable signage, flood hazard reduction, surface water protection, and stormwater management provisions.
6.
In no case shall significantly damaged structure be rebuilt so as to encroach upon any public right-of-way, easement, regulatory floodway, surface water protection area or except as allowed by CHAPTER 6 of this ordinance or Chapter 34 of Brevard City Code.
7.
A non-conforming use which existed within the structure to which modifications are made may reoccupy such structure upon issuance of certificate of occupancy provided that:
1. a.
  Modifications do not result in an expansion of the nonconforming use.
2. b.
  The nonconforming use is reestablished within the structure within 60 days of the issuance of a certificate of occupancy.
3. c.
  Any use requiring the issuance of a special use permit shall not be reestablished in a district within which such special use is not permitted.

1.
This provision shall not necessitate full compliance with CHAPTER 5 unless the applicability standards of Section 5.2 are met.

(Ord. No. 20-09, § 4(Exh. B(6)), 9-21-09)

Effective on: 1/1/1901

14.4. Nonconforming manufactured homes/mobile homes, and mobile home parks.

A nonconforming manufactured home may only be replaced in accordance with the standards set forth in Section 3.5.1.

A nonconforming manufactured home may be replaced with another manufactured home only if the manufactured home meets all regulating district requirements.

( Ord. No. 2020-23 , § 1(Exh. A), 10-19-20)

Effective on: 1/1/1901

14.5. Nonconforming accessory uses and structures.

A nonconforming accessory use may not be expanded.

A nonconforming accessory structure may be expanded only if the expansion does not increase the nonconforming condition of the structure.

Effective on: 1/1/1901

14.6. Nonconforming lots.

1.
In such cases, the administrator shall require evidence of the presence of a deeded right-of-way or other access easement prior to the issuance of any permit.

A nonconforming lot may be developed if, at the effective date of this ordinance, the lot is located in:

1.
A subdivision in which the lot is located has received preliminary plat approval; or
2.
A subdivision in which the lot is located has received final plat approval.

(Ord. No. 2024-23, § 1(Exh. A), 6-3-24)

Effective on: 6/3/2024

14.7. Nonconforming signs.

Nonconforming signs shall be removed in accordance with the amortization provisions set forth in CHAPTER 12.

Effective on: 1/1/1901

14.8. Nonconforming landscaping, screening, buffering, and lighting.

Any property shall fully comply with all landscaping, buffering, screening, and lighting requirements if any of the following activities occurs within the same lot or project:

1.
An expansion of the heated square footage of an existing primary structure.
2.
The construction of a new primary structure.
3.
Significant or substantial damage or improvement to a principal structure.
4.
A change to a more intensive use of an existing structure.
5.
The establishment of additional primary uses.
6.
Approval of any application for the establishment of a special use, conditional zoning district, group development.
7.
Expansions to the parking area or loading areas which increase the total area more than 40 percent shall be required to comply with all applicable parking and loading area landscaping and screening.

(Ord. No. 15-08, § 34, 12-5-08; Ord. No. 2021-16 , § 1(Exh. A), 4-19-21)

Effective on: 1/1/1901

14.9. Nonconforming street improvements.

1.
An expansion of the heated square footage of an existing primary structure.
2.
The construction of a new primary structure.
3.
Significant or substantial damage or improvement to a principal structure.
4.
A change to a more intensive use of an existing structure.
5.
The establishment of additional primary uses.
6.
Approval of any application for the establishment of a special use, conditional zoning district, or group development.
7.
Expansions to the parking area or loading areas which increase the total area more than 40 percent shall be required to comply with all applicable parking and loading area landscaping and screening.

(Ord. No. 15-08, § 35, 12-5-08; Ord. No. 2021-16 , § 1(Exh. A), 4-19-21; Ord. No. 2024-23, § 1(Exh. A), 6-3-24)

Effective on: 6/3/2024

14.10. Nonconforming plans.

This section does not prohibit the exercise of any vested right established by common law, ordinance or statute.

(Ord. No. 15-08, § 36, 12-5-08)

Effective on: 1/1/1901

14.11. Phasing for the purposes of evasion of the provisions of this chapter.

Effective on: 1/1/1901