A.

Purpose and Scope. In the provisions established by this Code, there exist uses of land, structures, lots of record, signs, and other site features that were lawfully established before this Code was adopted or amended, that do not conform to its terms and requirements. It is the general policy of the City to allow such uses, structures, lots of record, signs, and other site features to continue to exist. It also is the policy of the City to bring as many nonconformities into conformance with this Code as is reasonably practicable, subject to the requirements of this article. The purpose and intent of this article is to recognize the interests of the landowner in continuing to use the land, but to preclude the expansion of a nonconformity or reestablishment of a discontinued or substantially destroyed nonconformity.

B.

Applicability. This article applies to nonconformities created by initial adoption of, or amendments to, this Code unless otherwise expressly provided by provisions in this Code.

C.

Continuation Allowed. Nonconformities are allowed to continue, and are encouraged to receive routine maintenance in accordance with the requirements of this article as a means of preserving safety and appearance.

D.

Determination of Nonconformity Status. In all cases, the burden of establishing that a nonconformity lawfully exists shall be the responsibility of the owner of the land on which the nonconformity is located.

E.

Minor Repairs and Maintenance. Minor repairs and normal maintenance that are required to keep nonconforming uses, structures, lots of record, signs, and other site features in a safe condition are permitted. For the purposes of this section, "minor repair or normal maintenance" shall mean:

1.

Repairs that are necessary to maintain a nonconforming use, structure, lot of record, sign, or site feature in a safe condition; and

2.

Maintenance of land areas to protect against health hazards and promote the safety of surrounding uses.

F.

Change of Tenancy or Ownership. No change of title or possession or right to possession of land involved shall be construed to prevent the continuance of such nonconformity.

A.

General. Nonconforming uses are declared generally incompatible with the permitted uses in the district in which they are located and with the provisions of this Code. Nonconforming uses shall be subject to the standards in this section.

B.

Extension, Expansion, or Relocation. A nonconforming use shall not be extended, expanded, or moved to occupy a different area of a structure or lot. An existing nonconforming use may extend into any portion of a structure that was clearly designed or arranged for the particular use when the use became nonconforming.

C.

Change in Use. A nonconforming use may only be changed to a use that is permitted in the zoning district in which it is located. Once a nonconforming use is converted to a conforming use, it shall not be changed back to a nonconforming use.

D.

Discontinuance of Use.

1.

If a nonconforming use ceases to operate or is discontinued for a period of three consecutive months or longer, it shall not be reestablished and shall only be replaced with a conforming use.

2.

Time spent renovating or repairing a structure devoted to the nonconforming use is not considered a discontinuance of the use, provided:

a.

All appropriate development permits are obtained;

b.

The renovation or repair is completed within 18 months after commencement of the repair or renovation;

c.

The use is reestablished within one month after completion of the renovation or repairs; and

d.

Any discontinuance of use caused by government action and without the contributing fault by the nonconforming user shall not be considered in determining the length of discontinuance.

E.

Nonconforming Accessory Uses. A nonconforming accessory use to a conforming principal use shall be discontinued within six months after being rendered nonconforming.

F.

Structures Used for Nonconforming Use. Any reconstruction or repair of a damaged structure used for a nonconforming use shall be subject to the same provisions applicable to nonconforming structures in Section 8.3.E, Reconstruction or Repair after Casualty Damage.

(Ord. No. 16-122, § 2, 4-20-2016)

A.

General. Nonconforming structures shall be subject to the standards in this section.

B.

Relationship with Conforming and Nonconforming Uses. Where a nonconforming principal structure contains a conforming use, only the nonconforming structure is subject to the standards and limitations in this section. Where a nonconforming structure contains a nonconforming use, the nonconforming structure is subject to the standards and limitations of this section and the nonconforming use is subject to the standards and limitations in Section 8.2, Nonconforming Uses.

C.

Enlargement or Alteration. A nonconforming structure shall not be enlarged or structurally altered in any way that increases the nonconformity.

Example: A structure that has a side yard setback of five feet where the Code requires a minimum side yard setback of ten feet cannot be enlarged so as to further encroach into the side yard setback. Enlargement or structural alteration of the structure in a way that complies with applicable dimensional standards, or structural alteration of the structure in a way that decreases the degree of nonconformity, is permitted.

D.

Relocation. A nonconforming structure shall not be moved, in whole or in part, to another location on or off the parcel of land on which it is located, unless the entire structure thereafter conforms to the requirements of this Code.

E.

Reconstruction or Repair.

1.

Except as otherwise provided in Section 6.15.C, Floodplain Management, the reconstruction or repair of a nonconforming structure other than a single-family dwelling that has been damaged as a result of a natural disaster or other unforeseen and unpreventable accident or occurrence shall be subject to the following provisions.

a.

Damage up to 65 Percent of Value. If a nonconforming structure is damaged to an extent whereby the cost of restoring the structure to its before-damaged condition would be 65 percent or less of its assessed value before the damage, the structure may be reconstructed or repaired if:

i.

The reconstruction or repair does not increase, expand, enlarge, or extend the degree of nonconformity; and

ii.

The reconstruction or repair begins within one year after the damage and is diligently pursued to completion.

b.

Damage Greater than 65 Percent of Value. If a nonconforming structure is damaged to an extent whereby the cost of restoring the structure to its before-damaged condition would exceed 65 percent of its assessed value before the damage, the structure shall not be reconstructed or repaired except in conformity with the provisions of this Code.

c.

Reconstruction or Repair of a Single-Family Structure. A legally existing nonconforming single-family structure which has been demolished or damaged, including any accessory structures existing on or before 1993 on the same lot or parcel as the single-family structure, may be reconstructed or repaired within the footprint of the most recently existing structures on the lot, regardless of when the demolition occurred. After reconstruction or repair, the structure and accessory structures may be used for single-family uses only, and will be treated as nonconforming structures under this section.

A.

General. No use or structure shall be established on a nonconforming lot of record except in accordance with the standards in this section.

B.

Status of Structures on Nonconforming Lots.

1.

Conforming structures legally established on a nonconforming lot of record before March 1, 2015 may be continued, enlarged, extended, reconstructed, or structurally altered in any way that is in conformance with the standards of this Code.

2.

Nonconforming structures legally established on a nonconforming lot before March 1, 2015 may be continued, enlarged, or redeveloped only in accordance with the standards in Section 8.3, Nonconforming Structures.

C.

Development of Nonconforming Lots. Notwithstanding limitations imposed by other provisions of this Code, a nonconforming lot may be used for any use permitted in the zoning district in which the lot is located, or as the site for any structure containing such a permitted use, provided:

1.

The lot is located within a business district; or

2.

The lot is developed as a single-family use and otherwise meets all other applicable standards of the zoning district in which the lot is located; provided that adjustments to lot standards may be provided in accordance with section 6.22 for development of an affordable housing unit.

D.

Combination of Lots to Eliminate Nonconformity. If a vacant nonconforming lot abuts another lot (whether conforming or nonconforming) held in the same ownership, the lots shall be combined or recombined to create one or more conforming lots.

E.

Governmental Acquisition of a Portion of Lot. If a conforming lot is made nonconforming due to governmental acquisition of a portion of the lot for a public purpose that results in the lot no longer complying with applicable lot area or lot width standards, the lot shall be deemed a conforming lot upon receipt of a Site Plan or Building Permit demonstrating that the development existing or proposed on the lot:

1.

Complies with the use tables in Section 5.2.A, Principal Use Tables;

2.

Complies with the dimensional standards of this Code to the maximum extent practicable;

3.

Complies with the off-street parking and landscaping standards of this Code to the maximum extent practicable;

4.

Complies with all other standards and requirements of this Code; and

5.

Is designed and configured in a way that is compatible with surrounding development.

(Ord. No. 2021-304, § 2, 9-22-2021)

A.

General. Nonconforming signs shall be subject to the standards in this section.

B.

Enlargement or Alteration. A nonconforming sign shall not be enlarged or structurally altered in any way that increases the nonconformity.

C.

Reconstruction or Repair after Damage. The reconstruction or repair of a damaged nonconforming sign shall be subject to the following provisions.

1.

Damage up to 50 Percent of Value. If a nonconforming sign is damaged by any means to an extent whereby the cost of restoring the sign to its before-damaged condition would be 50 percent or less of its replacement value before the damage, the sign may be reconstructed or repaired if:

a.

The reconstruction or repair does not increase, expand, enlarge, or extend the degree of nonconformity; and

b.

The reconstruction or repair is actually begun within one year after the damage and is diligently pursued to completion.

2.

Damage Greater than 50 Percent of Value. If a nonconforming sign is damaged by any means to an extent whereby the cost of restoring the sign to its before-damaged condition would exceed 50 percent of its replacement value before the damage, the sign shall not be reconstructed or repaired except in conformity with the provisions of this Code.

D.

Abandonment or Discontinuance of Sign. If a nonconforming sign is abandoned or ceases to be used for a period exceeding six consecutive months, it shall not be reestablished and shall only be replaced with a conforming sign. A sign shall be considered abandoned or discontinued if its copy area is no longer readable or comprehensible, or if the business it identifies or advertises ceases to operate.

E.

Billboards. A nonconforming billboard that fails to conform to the separation standard in Section 6.10.J.2, Billboards Permitted Only Along Certain Arterial Streets, may continue only if it maintains a 300-foot separation from any other billboard facing the same direction on the same side of the street.

A.

Purpose. The purpose of this section is to provide a means whereby the City may require certain nonconforming site features to be brought into compliance with the standards of this Code as part of remodeling or expansion of a structure.

B.

Applicability.

1.

For purposes of this section, the term "nonconforming site features" includes the following:

a.

Nonconforming off-street parking;

b.

Nonconforming landscaping;

c.

Nonconforming perimeter buffers; and

d.

Nonconforming screening walls or fences.

2.

If an application is filed for a Building Permit for the remodeling or expansion of a structure other than a single-family dwelling and the development site contains one or more nonconforming site features identified in paragraph 1 above, and the value of the proposed improvements totals at least 25 percent of the assessed value of the existing structure, the applicant shall be required to address the nonconforming site feature as provided in this section.

3.

City staff may develop administrative guidelines to assist in the implementation of this section, including guidelines for the resolution of conflicts when it may not be possible for one or more types of nonconforming site features to be brought into compliance with the requirements of this Code because of particular site constraints or impacts on adjacent sites.

C.

Interior and Exterior Remodeling of Structures.

1.

Remodeling Costing 25 Percent or Less of Structure Value. Remodeling of a structure in any continuous five-year period that costs 25 percent or less of the current assessed value of the structure shall not require any upgrading of the nonconforming site features identified in Section 8.6.B.1.

2.

Remodeling Costing between 25 and 75 Percent of Structure Value. Remodeling of a structure in any continuous five-year period that costs more than 25 percent, but less than 75 percent, of the current assessed value of the structure shall require nonconforming site features identified in Section 8.6.B.1 to be upgraded towards compliance with the standards of this Code by a corresponding percentage of full compliance, up to achievement of 100 percent compliance.

Example: Under this Code's minimum off-street parking space standards, an existing building, if built today, would be required to provide at least 40 off-street parking spaces, but the building site only includes 20 spaces. If the building is remodeled such that the cost of remodeling equals 30 percent of the building's assessed value, the remodeling project must add 12 parking spaces (30% x 40 required spaces). This increases the development's degree of compliance with off-street parking standards from 50 percent (20 of 40 required spaces) to 80 percent (32 of 40 required spaces). A subsequent remodeling whose cost also equals 30 percent of building value might seem to call for the addition of another 12 spaces (30% x 40 required spaces), but actually only 8 new spaces would be required to achieve 100% compliance (32 + 8 = 40 spaces).

3.

Remodeling Costing 75 Percent or More of Structure Value. Remodeling of a structure in any continuous five-year period that costs 75 percent or more of the current assessed value of the structure shall require all nonconforming site features identified in Section 8.6.B.1 to be upgraded to achieve 100 percent compliance with the standards of this Code.

4.

When Two or Fewer Parking Spaces Required. When this subsection calls for a remodeling project to install two or fewer additional off-street parking spaces, such additional off-street parking is not required to be installed.

5.

Determination of Building Cost and Structure Value. For purposes of determining if upgrading of nonconforming site features is required by this subsection, the cost of the remodeling shall be as shown on the approved Building Permit application. Assessed value shall be based on the most recently available Volusia County tax rolls.

D.

Additions and Expansions.

1.

Additions and Expansions Less than 15 Percent. Additions or expansions to a structure or use area in any continuous five-year period that increase the gross square footage of the structure or use area (measured at the beginning of the five-year period) by 15 percent or less shall not require any upgrading of the nonconforming site features identified in Section 8.6.B.1.

2.

Additions and Expansions between 15 and 50 Percent. Additions or expansions to a structure or use area in any continuous five-year period that increase the gross square footage of the structure or use area (measured at the beginning of the five-year period) by more than 15 percent but no more than 50 percent shall require nonconforming site features identified in Section 8.6.B.1 to be installed or upgraded towards compliance with the standards of this Code by a corresponding percentage of full compliance, up to achievement of 100 percent compliance.

Example: Under this Code's minimum off-street parking space standards, an existing building, if built today, would be required to provide at least 40 parking spaces, but the site only contains 20 spaces. If the building is expanded by 30 percent of its gross floor area, the expansion project must add 12 parking spaces (30% x 40 required spaces), increasing compliance from 50 percent (20 of 40 required spaces) to 80 percent (32 of 40 required spaces). A subsequent addition whose size also equals 30 percent of existing building size might seem to call for addition of another 12 spaces (30% x 40 required spaces), but actually only 8 new spaces would be required to achieve 100% compliance (32 + 8 = 40 spaces).

3.

Additions and Expansions Greater than 50 Percent. Additions or expansions to a structure or use area in any continuous five-year period that increase the gross square footage of the structure or use area (measured at the beginning of the five-year period) by more than 50 percent shall require all nonconforming site features identified in Section 8.6.B.1 to be installed or upgraded to achieve 100 percent compliance with the standards of this Code.

4.

Additions and Expansions of Outdoor Use Areas Only. When only outdoor operations, storage, and display areas are being added or expanded on a site, the percentage increase in the gross square footage of the outdoor operations, storage, and display areas shall require perimeter buffers and screening to be installed or upgraded towards compliance with the standards of this Code by a corresponding percentage of full compliance. The increased perimeter buffer and screening shall be located so as to achieve the performance objectives in Section 6.6, Perimeter Buffers, with priority given to screening the impacts of outdoor operations.

E.

Compliance to Maximum Extent Practicable on Constrained Properties. Where City staff determines that full compliance with the requirements of this section is precluded by a lack of sufficient developable area due to the size of the lot, the layout of existing development, or the presence of significant wetlands, floodplains, watercourses, or other significant environmental constraints on development, the applicant shall comply with the requirements of this section to the maximum extent practicable, as determined by City staff.