Within the zoning districts established in Article 2, there exist lots, structures, uses of land and structures, and characteristics of use, which were lawful before the passage of said Article 2, but are now prohibited, regulated or restricted. While nonconformities may continue, it is not the intent of this Development Code to encourage their continuation, but instead to bring nonconforming properties into compliance with the provisions of this Code in conjunction with a change of use, redevelopment, or any other change of condition of the property in order to eliminate the nonconformity or to bring the nonconformity as practical as possible to a conforming status.

(Ord. No. 6573-00, § 7, 8-3-00; Ord. No. 8310-12, § 10, 2-2-12)

A.

Except as otherwise provided in this Development Code, a nonconforming structure may be used for any purpose permitted in the zoning district in which it is located.

B.

Normal repair and maintenance, such as painting, cleaning, and repairing of same nonconformity may be performed on nonconforming structures. However, nonconforming structures shall be made to fully comply with the provisions of this Code, provided the cost of repair of any structure or improvement at any time exceeds 50 percent of the assessed value of the entire structure. Assessed value shall be determined by reference to the official property tax assessment rolls for the year the structure or site improvement is destroyed or damaged.

C.

A nonconforming structure shall not be altered, enlarged or changed in any way that increases its nonconformity. Any structure or site improvement may, however, be altered to decrease its nonconformity.

D.

Any part of a nonconforming structure which is destroyed or damaged to the extent of less than 50 percent of the assessed value of the entire structure may be repaired or restored if a complete and legally sufficient application for all required permits to repair or restore the damage is submitted within six months of the date of the damage. Any nonconforming structure which is destroyed or damaged to 50 percent or more of the assessed value may be repaired or restored only if the structure conforms to the standards of this Development Code for the zoning district in which it is located. Assessed value shall be determined by reference to the official property tax assessment rolls for the year the structure is destroyed or damaged. The extent of damage or destruction shall be determined by the building official by comparing the estimated cost of repairs or restoration with the assessed value.

E.

Should a nonconforming structure be moved for any reason, for any distance whatsoever, it shall thereafter conform to the applicable requirements of this Code. Should any portion of any structure be removed for any reason, it shall not be replaced, except in conformity to the applicable requirements of this Code.

F.

Exemption: Any nonconforming structure that is used for affordable housing may be exempted from subsections B. or D., above, subject to approval of a Level One (flexible standard) application, and provided that the following criteria are satisfied:

1.

The exemption will only apply to a bona fide affordable housing project as verified by the City's Economic Development & Housing Department; and

2.

The exemption will not apply to a structure in any area of special flood hazard which is not elevated or flood-proofed to National Flood Insurance Program standards, as set forth in 44 CFR 59 and 60; and

3.

The exemption will not be contrary to the public interest; and

4.

The exemption will not be contrary to the Florida Building Code or related requirements to protect public safety; and

5.

The exemption would have the effect of reducing the number of nonconforming features of the structure or site or of reducing the degree of nonconformity of one or more non-conforming feature(s) of the structure or site; and

6.

The repair, alteration, or enlargement of the nonconforming structure would provide for affordable housing consistent with the required covenants to maintain affordability as set forth in Section 3-920.A.4.

Permissible and Nonpermissible Additions

(Ord. No. 6928-02, § 114, 5-2-02; Ord. No. 8310-12, § 11, 2-2-12; Ord. No. 8715-15, § 18, 6-18-15)

_____

A.

Nonconforming uses of land or structures, may be maintained only in accordance with the provisions of this section.

B.

Nonconforming uses of land or structures shall not be expanded or extended to occupy a greater area of land or structure than was occupied at the time it became nonconforming, but normal repair and maintenance may be performed to allow the continuation of the nonconforming use. In addition, no nonconforming use shall be moved, in whole or in part, to any other portion of the lot, parcel or structure occupied by such use at the time it became nonconforming.

C.

Except as provided in Section 6-109, a nonconforming use shall not be changed to any other use unless the new use conforms to the standards of the zoning district in which it is located. Once a nonconforming use is changed to a conforming use, the nonconforming use shall not be re-established.

D.

In the event a nonconforming use of land or structures is discontinued or abandoned for a consecutive period of 180 days, then the use shall not thereafter be re-established or resumed and any subsequent use of the land or structure shall conform to all of the requirements of this Development Code.

E.

In the event a structure in which a nonconforming use is located is destroyed or damaged to the extent of less than 50 percent of the assessed value of such structure, the nonconforming use may be re-established if a complete and legally sufficient application for all required permits to repair or restore is submitted within six months of the date of the damage. In the event a structure in which a nonconforming use is located is destroyed or damaged to 50 percent or more of the assessed value, these structures may be repaired or restored only if the structure and the use conforms to the standards of this Development Code for the zoning district in which it is located, except that a nonconforming owner-occupied single-family detached dwelling unit may be reconstructed within the associated structure's original setbacks through a Level 1 (minimum standard) approval process. Assessed value shall be determined by reference to the official property tax assessment rolls for the year the structure is destroyed or damaged. The extent of damage or destruction shall be determined by the building official by comparing the estimated cost of repairs or restoration with the assessed value.

F.

In the event a nonconforming use is damaged or destroyed to the extent that the cost of repair or replacement of the fixtures and/or inventory used in the business equals 50 percent of the value of the fixtures and inventory at the time of such damage or destruction, the use may not be re-established except in compliance with all requirements of this Development Code.

(Ord. No. 6526-00, § 1, 6-15-00; Ord. No. 8310-12, § 12, 2-2-12)

A.

In the event a building permit is required for the redevelopment of a principal use/structure, or a principal use/structure is vacant for a period of 180 days, signs on the parcel proposed for development shall be brought into compliance by obtaining a level one approval in accordance with the provisions of Article 4, Division 3.

B.

If the copy is not current or is missing letters or words on a nonconforming sign for a period of 30 days, the sign shall become unlawful.

(Ord. No. 6928-02, § 115, 5-2-02)

A.

Adult use establishments that have established or commenced business at their existing locations on or before October 15, 1998, and which are not in conformity with the locational requirements of Section 3-202, may continue to operate for two years after the date of adoption of this the Development Code, unless terminated sooner for failure to obtain the permit required by Article 4, Division 15, voluntary discontinuation of business for a period of 30 days or more, or suspension or revocation of the adult use permit. Such non-conforming adult use establishments shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use. After two years from the date of adoption of this Development Code, a nonconforming adult use establishment shall be deemed to be operating in violation of this Development Code.

B.

If two or more adult use establishments are within 750 feet of one another, but both are otherwise in a permissible location, the adult use establishment which first began continual operation at the particular location is the conforming use and the later-established adult use establishment is the nonconforming use.

C.

An adult use establishment lawfully operating or permitted to operate as a conforming use is not rendered a nonconforming use through the subsequent location of a church, school, residentially zoned property, or public recreation area.

A.

No principal use or structure shall be established on a lot of record unless the lot conforms to the lot area and lot width requirements in this Development Code for the zoning district in which it is located, except in accordance with the provisions of this section.

B.

A principal use or structure may be established on a residential lot of record that was legally in existence prior to March 8, 1999 even though the lot is nonconforming with the lot area and lot width requirements in this Development Code for the zoning district in which it is located, provided that a Level One (minimum standard) approval is obtained. A Level One (flexible standard) approval shall be required only if required setbacks cannot be met. The applicant for a Level One (flexible standard) approval shall demonstrate the following:

1.

The lot was a lawfully created lot. If the lot was created before 1982, then it is automatically considered to be lawful. If the lot was created after 1982, to be a lawfully created lot, it must have been created by an approved plat in accordance with the City Code; and

2.

Upon adoption of this Development Code, the lot is not held in common ownership with any abutting land which, in combination with the lot in question, would create a building site meeting the lot area and lot width requirements of the zoning district; or

3.

The lot has not been previously developed in combination with an adjacent lot; and

4.

If the lot is proposed for a detached dwelling, the dwelling is developed in conformity with the other development standards of the zoning district in which it is located.

C.

No permit shall be issued for any unlawfully created lot.

D.

Except in the instance that a Level One or Level Two approval is obtained prior, no nonconforming lot may be subdivided, and no conforming lot may be subdivided in such a manner that renders it, or any structures thereon, nonconforming to the requirements in this Development Code for the zoning district in which it is located and any such subdivision shall constitute a violation of this Development Code.

(Ord. No. 6526-00, § 1, 6-15-00; Ord. No. 8310-12, § 13, 2-2-12; Ord. No. 8371-13, § 3, 3-6-13)

A.

No nonconforming accessory use or accessory structure shall continue after the principal use or structure is terminated by abandonment, damage, or destruction unless such accessory use or accessory structure conforms to the standards for the zoning district in which it is located as a principle use.

B.

Any nonconforming accessory use or accessory structure shall be brought into conformity with this Development Code whenever a substantial improvement to, addition to, or change in the principal use or structure on the property is proposed and approved.

(Ord. No. 8310-12, § 14, 2-2-12)

A.

Permitted access connections in place as the date of adoption of this Development Code that do not conform with the standards in Article 3 Division 1 shall be designated as nonconforming access features and shall be brought into compliance with applicable standards under the following conditions:

1.

When new access connection permits are requested:

2.

Substantial enlargements or improvements;

3.

Significant change in trip generation; or

4.

As roadway improvements allow.

B.

If the principal activity on a property with nonconforming access features is discontinued for a consecutive period of 180 days, or discontinued for any period of time without the present intention of resuming that activity, then that property must thereafter be brought into conformity with all applicable connection spacing and design requirements, unless otherwise exempted through a level one or level two approval. For uses that are vacant or discontinued upon the effective date of this Development Code, the 180-day period begins on the date of adoption of this Development Code.

A.

A nonconforming use or structure may be deemed to be in conformity with this Development Code, and may thereafter be allowed to continue and to expand as a lawfully existing use or structure, if such use or structure is granted level two approval in accordance with the provisions this section.

B.

A structure which is nonconforming with respect to density/intensity may be deemed to be in conformity with this Development Code and may thereafter be allowed to continue, to expand or be reconstructed provided such termination of nonconforming density/intensity is granted through a Level Two approval. Additionally a site plan shall be submitted concurrently for review and approval by the Community Development Board that demonstrates compliance with the following:

1.

If the existing structure is to remain or be expanded, such required site plan shall demonstrate compliance with the provisions set forth in Section 6-109.C below. All required improvements shall be completed within one year of the issuance of the Level Two development order approval or the termination will be null and void.

2.

If reconstruction of the nonconforming density/intensity is proposed, the required Level One or Level Two application shall be submitted in conjunction with the Level Two termination request and shall demonstrate compliance with the provisions of this Community Development Code. In the event such reconstruction does not occur within the timeframe specified in the development order granting the termination, such property shall comply with the provisions set forth in Section 6-109.C below within one year of the expiration of the development order or the termination of nonconformity will be null and void.

3.

If the required improvements or reconstruction authorized in any development order granted pursuant to 6-109.B.1. or 2. above are constructed, the nonconforming density/intensity shall be deemed legal and shall run with the land. Any future redevelopment utilizing this density/intensity shall comply with the provisions of the Community Development Code in effect at that time.

4.

Should the improvements on a property be demolished during the valid timeframe of a development order terminating nonconforming density/intensity pursuant to this section and the property is vacant, the property shall be deemed to be in compliance with these provisions and such termination of nonconforming density/intensity shall be vested and run with the land.

5.

Any terminated nonconforming units/floor area granted through Section 6-109.B.1. or 2. above shall not be transferred to another site or converted for another use.

C.

A level two approval shall not be granted to terminate status as a nonconforming use or structure unless the nonconformity is improved according to the following requirements:

1.

Perimeter buffers conforming to the requirements of Section 3-1202(D) shall be installed.

2.

Off-street parking lots shall be improved to meet the landscaping standards established in Section 3-1202(E).

3.

Any nonconforming signs, outdoor lighting or other accessory structure or accessory use located on the lot shall be terminated, removed or brought into conformity with this development code.

4.

The comprehensive landscaping and comprehensive sign program may be used to satisfy the requirement of this section.

5.

The use and structure complies with the general standards for Level One and Level Two approvals set forth in Section 3-914.

D.

Any property located in the Downtown District that has been subject to a termination of nonconformity with regard to building height may reconstruct such height if approved by the Community Development Board as Level Two approval in accordance with the following criteria:

1.

The reconstruction complies with all other requirements of this Community Development Code; and

2.

The reconstruction of such increased height would not negatively impact the surrounding area; and

3.

The design of the proposed project creates a form and function which enhances the community character of the immediate vicinity of the parcel proposed for development; and

4.

The intended vision for the character district in which the property is located would be met.

(Ord. No. 6526-00, § 1, 6-15-00; Ord. No. 7413-05, § 22, 5-5-05; Ord. No. 7445-05, § 1, 7-21-05; Ord. No. 8402-13, § 2, 6-6-13; Ord. No. 9149-18, § 7, 8-2-18)

A.

In the event that an eminent domain action creates a nonconforming structure, such nonconforming structure may remain as a legal nonconforming structure provided that all other regulations of this Code regarding nonconforming structures are met. This section shall not be applicable to single-family detached and attached dwellings.

B.

In the event that an eminent domain action renders a site nonconforming with respect to the development standards of this Code, the property shall be required to comply with the development standards to the maximum degree physically and financially feasible as determined by the community development coordinator. The community development coordinator may require mitigation and/or improvements to the site that are related to the specific conditions of the site, that adequately improve the public safety issues of the site and which implement the purposes of this Code.

C.

All other nonconformities created as a result of eminent domain shall be governed by the provisions of this article.

(Ord. No. 6417-99, § 13, 8-19-99)