This Article contains provisions relating to obtaining an interpretation of the provisions of this Code, obtaining relief from the operation of this Code under certain circumstances, and for enforcement of the provisions of this Code.

The Chief Administrative Officer shall have the authority to make all interpretations of the text of this Code.

(a)

Initiation. An interpretation may be requested by any resident of or landowner in the City of Brooksville, or any person having a contractual interest in land in the City of Brooksville.

(b)

Submission of request for interpretation. Before an interpretation shall be provided by the Chief Administrative Officer, a request for interpretation shall be submitted in writing to the Community Development Department.

(c)

Determination of completeness. Within five working days after a request for interpretation has been received, the Chief Administrative Officer shall determine whether the request is complete. If the Chief Administrative Officer determines that the request is not complete, the applicant shall be notified of the deficiencies. The Chief Administrative Official shall take no further action on the request for interpretation until the deficiencies are remedied.

(d)

Rendering of interpretation. Within 30 working days after a request for interpretation has been determined complete, the Chief Administrative Officer shall review and evaluate the request in light of the comprehensive plan, this Code text, and other statutes, codes, ordinances and regulations, whichever are applicable, consult with appropriate City staff and the City Attorney, if so desired, and then render an interpretation.

(e)

Form. The interpretation shall be in writing and shall be sent to the applicant by proof of mailing.

An interpretation by the Chief Administrative Officer may be appealed to the Planning and Zoning Commission pursuant to the procedures at Section 8-3.1.

(a)

Intent.

(1)

Within the zoning districts established by the Land Development Code, or amendments that may be later adopted, there may exist lots, structures, uses of land, water and structures, and characteristics of land which were lawful before this Code was adopted or amended, but which would be prohibited, regulated, or restricted under the terms of this Code or future amendments. It is the intent of these provisions to permit these nonconformities to continue until they are voluntarily removed or otherwise brought into compliance with this Code, but not to encourage their survival unless specifically authorized by these regulations. It is also the intent of these regulations to set forth a certification process for lots and detached single family residences created prior to the adoption of this Code. It is further the intent of the Land Development Code that the nonconformities shall not be enlarged upon, expanded, intensified or extended, nor be used as grounds for adding other structures or uses otherwise prohibited by the Code, except as provided herein.

(2)

Nonconforming uses are declared to be incompatible with Permitted Uses in the districts involved. Such nonconforming uses shall not be intensified, enlarged or expanded unless specifically authorized herein.

(b)

Rights to run with land. All rights and obligations associated with nonconformities as defined herein shall run with the land and are not personal to the present ownership or tenant of the land, and are not affected by a change in ownership or tenancy.

(c)

Previously approved projects. The provisions of this Code and any future amendments thereto shall not be deemed to require a change in the plans, construction or designated use of structures and/or land for valid, effective and lawful permits issued prior to the effective date of this Code provided:

(1)

The development authorized by the permit has commenced prior to the effective date of this Code, or any future amendment thereto, as applicable or will commence after the effective date of this Code but prior to the permit's expiration or termination; and,

(2)

The development continues without interruption in good faith until development is complete. In the event a lawfully issued permit expires, any further development shall conform to this Code, or any future amendments thereto, as applicable.

(d)

Certain lots and uses not to be considered nonconforming. Any development authorized and permitted as a Special Exception Use under previous City of Brooksville Land Development Regulations shall be deemed a conforming use. This determination shall be made through a nonconforming use review requested by the property owner. Any enlargement, replacement or modification of such use shall be in accordance with the requirements of this Code as if the use were new.

(e)

Basis for decision. The determination of the Chief Administrative Officer shall be based on clear, substantial and convincing evidence regarding the nature, extent and date of establishment of the nonconformity. Such evidence may include but is not limited to deeds, property assessor records, permits, plan approvals, utility bills, aerial photographs, tax bills and other similar evidence. In the absence of such evidence, the Chief Administrative Officer may at his discretion rely upon affidavits from a property owner, adjoining property owners and other competent Parties as the basis of determination.

(a)

Generally. For purposes of this Code and of this division, nonconformities are classified as follows.

(b)

Nonconforming lots. Nonconforming lots to include lots, tracts or parcels which due to size, dimension or other characteristics do not comply with the provisions of this Code.

(c)

Nonconforming structures. Nonconforming structures to include dimensional nonconformities such as setbacks, height, lot coverage, floor area ratio and other similar standards.

(d)

Nonconforming characteristics of land. Nonconforming characteristics of land to include site development standards pertaining to paved off-street parking, access, stormwater management, landscaping, environmental standards and other similar standards. Unpaved areas, unless previously approved by the City of Brooksville for parking, shall not be considered in the nonconforming characteristic of land determinations.

(e)

Nonconforming use. Nonconforming use to include the nonconforming use of a structure, the nonconforming use of land or water, the nonconforming use of structure, land and water in any combination.

(f)

Nonconforming density. Nonconforming density to include multi-family development standards pertaining to minimum site area per dwelling unit, community residential home standards pertaining to minimum site area per placed resident, and other similar standards, and density requirements of the comprehensive plan. Single-family lots that are nonconforming to density requirements of the comprehensive plan shall be classified as nonconforming lots per paragraph (b) above.

(g)

Nonconformities by public order. Nonconformities by public order to include nonconformity created where lawful public takings have the same effect as violations of this Code which are undertaken privately.

(a)

Generally. The Chief Administrative Officer may certify lots, tracts and parcels not otherwise meeting the provisions of this Code and may authorize the development of such certified parcels as provided in this Section.

(b)

Lots pre-dating adoption of land development regulations. Lots, tracts or parcels existing before this Code was adopted or amended shall be deemed pre-existing and may be certified by the Chief Administrative Officer subject to the following condition: Where two or more nonconforming lots are contiguous and held in single ownership at the time of application, the Chief Administrative Officer may require that such lots be combined in a manner to eliminate or reduce the degree of nonconformity.

(c)

Single-family lot not able to meet building coverage and setbacks. Single-family lots that are legally nonconforming and cannot meet building coverage and setback requirements without so diminishing the building area so as to render its use unfeasible, may be granted relief by the Chief Administrative Officer by the minimum extent necessary to accommodate the proposed structure. Factors that may be considered in granting relief include the existing development pattern on neighboring parcels, and the development standards typically required on lots of similar size. However, in no case shall the required minimum setback be reduced by more than ten percent or the permitted maximum building coverage increased by more than ten percent.

(a)

Generally. The Chief Administrative Officer may certify structures other than signs not otherwise meeting the provisions of this Code and authorize utilization of such certified structures as provided in this Section.

(b)

Structures pre-dating adoption of the land development code. Structures existing prior to the adoption of these regulations shall be deemed pre-existing and may be certified by the Chief Administrative Officer subject to the following conditions:

(1)

A structure is nonconforming due to noncompliance with the dimensional requirements of the schedule of area, height, bulk and placement regulations of this Code and which is used for a use permitted in the district in which it is located may remain, provided that any physical change to the structure shall not increase the degree of nonconformity unless specifically approved by the Brooksville City Council pursuant to this Article VIII, Section 8-2.10. Structural changes which decrease or do not affect the degree of nonconformity shall be permitted. Additions, modifications or other physical changes to the structure that adhere to the reduced setback line are permitted by right, even if they increase the amount of building area within the required yard, provided other development standards are met.

(2)

A nonconforming structure, or a portion thereof, if damaged, deteriorated or destroyed to the extent of more than 50 percent or more of its current assessed valuation, may only be reconstructed in accordance with the regulations of the district in which it is located, except as provided in paragraphs (3) and (4) below.

(3)

Routine repairs and maintenance of a nonconforming structure, fixtures, wiring and plumbing or the repair or replacement of non-loadbearing walls shall be permitted.

(4)

A nonconforming structure damaged or destroyed by an Act of God may be rebuilt in accordance with the nonconformities certified as pre-existing pursuant to this Part.

(c)

Unsafe structures. Nonconforming structures or portions thereof which are declared unsafe by the Chief Administrative Officer or other competent authority may be repaired and restored, except as provided in Section 9-3.4(b)(2)and 9-3.6(f).

(a)

Generally. The Chief Administrative Officer may certify characteristics of land not otherwise meeting the provisions of this Code and authorize utilization of such certified characteristics as provided in this Section.

(b)

Characteristics of land established as legally permissible under provisions of regulations in effect at the time of development. Characteristics of land established legally at the time of development shall be deemed pre-existing and may be certified by the Chief Administrative Officer and the nonconforming characteristics of land may continue to operate but shall not be expanded, altered, changed or relocated in such a manner as to increase the degree of nonconformity.

(a)

Generally. The Chief Administrative Officer may certify uses not otherwise meeting the provisions of this Code and authorize utilization of such certified uses as provided in this Section.

(b)

Use established as legally permissible under provisions of regulations in effect at the time of development. Uses established legally at the time of development shall be deemed pre-existing and may be certified by the Chief Administrative Officer and allowed to continue provided that:

(1)

There shall be no enlargement, increase in intensity or alterations to the use, its permanent structure or both, except as provided in subsections (e) and (h) below.

(2)

Such uses may not be enlarged, extended, altered or replaced, except for a change to a use permitted in the district in which it is located, except as provided in subsections (b)(3), (e) and (h) below.

(3)

A nonconforming use may be extended through portions of a building manifestly arranged or intended for such a use, but not otherwise extended and shall not extend to occupy land outside such building or any additional building not used for such nonconforming use at the time that nonconforming status was established, except as provided in subsections (e) and (h) below.

(c)

Cessation of use. If the use ceases for more than 90 consecutive calendar days or a total of 180 calendar days in a one year period, subsequent use of the premises shall conform to the district regulations. For purposes of this regulation, cessation of use shall be defined as the absence of the principal activity or function comprising that use, irrespective of the presence of dormant buildings, equipment and/or materials associated with the use. facility maintenance for a use that is otherwise inactive shall not be deemed a continuation of that use.

(d)

Relocation of use. No such use shall be relocated or moved to any portion of the lot other than that occupied at the time that nonconforming status was created.

(e)

Principal residence. A dwelling which is the principal residence of the property owner that is made a nonconforming use by the adoption of this Code, the comprehensive plan, or amendments thereto, may be expanded, replaced or reconstructed, notwithstanding subsection (h) below, provided there has not been a cessation of use. However, the cessation of use provisions described in subsection (c) above shall not apply when a principal residence has been vacated due to damage or deterioration and unexpired building permits are in place for repairs or replacement of the dwelling. In such case, the permit application shall be submitted within 90 days of when the residence was vacated, unless an extension is granted by the Chief Administrative Officer for hardship reasons, and the property owner shall proceed in good faith to secure the permits and complete the work in a timely manner. Such expansion, replacement or reconstruction shall be permitted without City Council approval, subject to compliance with other requirements of this Code.

(f)

Act of God. The rebuilding of principal residences or the rebuilding of nonconforming uses or structures damaged or destroyed by an Act of God, may occur at any time without a nonconformity Special Use permit.

(g)

Repairs and maintenance of structures containing nonconforming uses.

(1)

When a building or structure devoted to a nonconforming use is damaged or deteriorated, as determined by the Chief Administrative Officer, to the extent of 50 percent or more of the building's or structure's assessed taxable value, such building or structure, if restored shall be devoted to conforming uses, except as provided in subsections (e) or (f) above, or subsection (h) below.

(2)

Repairs and maintenance on any building devoted in whole nonconforming use may be done in any period of 12 consecutive months on ordinary repairs, or on repair or replacement of non-bearing walls, fixtures, wiring or plumbing to an extent not exceeding ten percent of the current replacement value of the building. Nothing in this Section shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by an official charged with protecting the public safety, upon order of such official.

(h)

Expansion, change, or rebuilding of nonconformities.

(1)

Any property owner wishing to expand, change or rebuild an existing legal nonconforming use shall apply for a nonconformity Special Use permit in accordance with the provisions set forth in Section 8-2.9 of this Code. Expansion, change, or rebuilding shall only be permitted where the City Council finds no significant adverse effects of such nonconformity on adjacent properties. Any structural rebuilding shall be in accordance with the standards of the zoning district in which the property is located. Additions, modifications, or other physical changes to a legally non-conforming structure that adhere to the reduced setback line may be permitted, even if they increase the amount of building area within the required yard, provided other development standards are met.

(2)

Expansion of nonconformities shall not occur more than once and shall not exceed 50 percent of the existing square footage or intensity of use.

(3)

Notwithstanding the foregoing, principal residences and uses or structures damaged or destroyed by an Act of God may be rebuilt at any time without a nonconformity Special Use permit.

(a)

Generally. The Chief Administrative Officer may certify densities not otherwise meeting the provisions of this Code and authorize utilization of such certified densities as provided in this Section.

(b)

Density established as legally permissible under provisions of regulations in effect at the time of development. Densities established legally at the time of development shall be deemed pre-existing and may be certified by the Chief Administrative Officer and allowed to continue provided that:

(1)

The general type of residential use is permitted by the zoning of the property or has been determined to be a legal non-conforming use at the time of certification.

(2)

There shall be no increase in density unless approved by the City Council pursuant to subsection (e) below.

(c)

Repairs and maintenance of structures.

(1)

When a building or structure contributing to a nonconforming density is damaged or deteriorated, as determined by the Chief Administrative Officer, to the extent of 50 percent or more of the building's or structure's assessed taxable value, such building or structure shall not be restored, except to the extent permitted by the maximum density of the zoning district or to a permitted accessory use which does not contribute to density, or as provided in subsections (d) and (e) below.

(2)

Repairs and maintenance of any building contributing to nonconforming density may be done in any period of 12 consecutive months on ordinary repairs, or on repair or replacement of non-bearing walls, fixtures, wiring or plumbing to an extent not exceeding ten percent of the current replacement value of the building. Nothing in this Section shall be deemed to prevent the strengthening or restoring to a safe condition any building or part therefore declared to be unsafe by an official charged with protecting the public safety, upon order of such official.

(d)

Acts of God. The rebuilding of structures contributing to a nonconforming density that are damaged or destroyed by an Act of God may occur at any time without a nonconforming density Special Use permit.

(e)

Density increase or rebuilding.

(1)

Any property owner wishing to increase or rebuild structures contributing to a legal nonconforming density shall apply for a nonconforming Special Use permit in accordance with the provisions set forth in Article VIII, Section 8-2.9 of this Code. Said increase or rebuilding shall only be permitted where the City Council finds no significant adverse effects of such nonconformity on adjacent properties.

(2)

A density increase shall not occur more than once and shall not exceed 50 percent of the existing density.

Where a nonconformity, other than use, is created by the exercise of the power of eminent domain or the threat thereof, or as a result of an acceptance by the City, county or State of land for a public right-of-way, the Chief Administrative Officer may certify such nonconformity. Minor amendments to the nonconformity may be permitted to allow reasonable use of the nonconformity and allow such nonconformity to maintain its legal nonconforming status.

(a)

Authority. The Chief Administrative Officer is hereby authorized, based upon competent findings of fact, to determine and establish the nonconforming status of land or structures. The Chief Administrative Officer may further establish restrictions pertaining to the nonconformity in accordance with the provisions of this Part.

(b)

General procedure.

(1)

The Chief Administrative Officer shall, following receipt of the completed application for nonconforming use, provide a written decision to the applicant. All written decisions shall contain information about the right of appeal.

(2)

The certificate of nonconforming status shall describe the nature and extent of the non-conformity. The Chief Administrative Officer may at his discretion include upon the certificate or as an addendum to the certificate any requirements, conditions or information deemed necessary to carry out the provisions of this division. Said certificate and supporting information shall be provided to the applicant and shall be entered into the records of Hernando County.