The provisions of this LDC have caused or will cause some uses, structures or buildings, lots, or uses of lots, structures or buildings, to be nonconforming. It is the purpose of this chapter to set forth the rules and regulations regarding those nonconforming uses, structures or buildings, or lots which were created by the adoption of this LDC, and any amendment thereto. Nothing contained in this chapter is intended to preclude the enforcement of federal, state, and other local regulations that may be applicable.

Uses approved by special exception or other permits which were issued or granted by the Lee County Board of County Commissioners before December 31, 2014, which do not comply with the requirements of this LDC or any amendments thereto, shall be considered to be nonconforming uses and subject to the provisions of this chapter.

For purposes of this LDC, the term "nonconforming use" means a use or activity which was lawful prior to the adoption of this LDC or an amendment of this LDC, but which fails, by reason of such adoption or amendment, to conform to the use requirements of the zoning district in which it is located.

A nonconforming use of land may be continued subject to the provisions of this subsection.

A nonconforming use of land may not be enlarged in area, or replaced by another use that is not specifically permitted in the applicable zoning district.

Land used in whole or in part for a nonconforming use, which use is subsequently discontinued for a continuous period of six calendar months, shall not again be used except in conformity with the regulations then in effect. The intent of the owner, lessee, or other user is not relevant in determining whether the use has been discontinued.

An additional structure that does not conform to the requirements of this LDC shall not be erected in connection with a nonconforming use of land.

For purposes of this LDC, the term "nonconforming building or structure" means a building or structure which was lawful prior to the adoption of this LDC or an amendment of this LDC, but which fails, by reason of such adoption or amendment, to conform to the proper development requirements of the zoning district in which the building or structure is located due to its size, dimension, or location on the lot.

A nonconforming building or structure may be continued so long as it remains otherwise lawful, in accordance with the following provisions:

A.

Except as provided in Sec. 9-303, Enlargement or Expansion of Nonconforming Structure, no building or structure shall be enlarged, altered, or repaired in a way which, in the opinion of the Director, increases its nonconformity. However, any structure or building or portion thereof may be altered to decrease its nonconformity. If there is more than one structure on a property with a legally nonconforming use, a limited expansion may be allowed subject to there being a determination that there will be an improvement to neighborhood compatibility. The limited expansion shall be to allow a structure or portion of a structure to be destroyed and the equivalent square footage replaced by expansion of another existing structure if the Director makes a determination that such expansion would not be detrimental to the neighborhood and such expansion is less than 50 percent of the current assessed value of the structure which will be expanded. Any expansion shall also conform to setback requirements and all other requirements for the zoning district in which the land is located.

B.

Except as provided in this subsection, any nonconforming structure or building, or portion thereof, that is substantially improved (reconstructed, rehabilitated, altered, or demolished) to the extent that the cost of such improvement equals or exceeds a cumulative total of 50 percent of the current assessed value of the structure before the start of construction of the improvement, shall only be reconstructed at, but not exceed, the lawful density or intensity existing at the time of destruction; provided, however, that the reconstruction of the structure is consistent with federal, state, and Village regulations and all the other provisions of this LDC. Any such alteration, demolition, reconstruction, or rebuilding shall be recorded with the Director for the purpose of establishing the value upon which subsequent alterations, demolition, reconstructions, or rehabilitations will be based.

A.

A structure which is lawful in all respects with the exception of a setback requirement may be enlarged, provided that:

1.

The enlargement is otherwise permitted; and

2.

The enlargement itself, including any enlargement which increases the height or volume of the structure, complies with all the setback requirements.

B.

A structure which is lawful in all respects with the exception of lot area requirements may be enlarged, provided that:

1.

The enlargement is otherwise permitted;

2.

All other development standards such as setbacks, height, bulk, lot coverage, parking, and open space are met; and

3.

The enlargement does not increase the density or intensity of use.

C.

A structure which is lawful in all respects with the exception of height may be enlarged, provided that:

1.

The enlargement is otherwise permitted; and

2.

The enlargement complies with height and setback requirements.

D.

A structure which is lawful in all respects with the exception of bulk or lot coverage shall not be enlarged.

A.

Structures damaged by fire or other natural forces to the extent that the cost of their reconstruction or repair exceeds 50 percent of the replacement cost of the structure may be reconstructed at, but not to exceed, the legally documented actual use, density, and intensity existing at the time of destruction, thereby allowing such structures to be rebuilt or replaced to the size, style, and type of their original construction, including their original square footage; provided, however, that the affected structure, as rebuilt or replaced, complies with all applicable federal and state regulations, Village building and life safety regulations, and other local regulations that do not preclude reconstruction.

B.

A lawfully existing single-family dwelling or mobile home damaged by fire or other natural forces may be repaired or replaced, provided the new unit is no larger in area, width, and depth than the size of unit being replaced.

Repairs, reconstruction, or renewal of an existing structure, building, or portion thereof for the purpose of its maintenance may be permitted. However, repairs, reconstruction, or renewal of structural elements shall be reviewed by the Director to determine applicability under this subsection, or whether such repairs shall be considered under Sec. 9-304.A above. For purposes of this subsection, a change in the roofline from a flat roof to a peaked roof constitutes an alteration as indicated in Sec. 9-304.A above, provided that there is no increase in floor area.

Should a nonconforming structure be moved on-site for any reason, for any distance whatever, it shall not be moved unless the relocation decreases the nonconformity.

Any portion of a nonconforming structure that becomes physically unsafe or unlawful due to lack of repairs and maintenance, and which is declared unsafe or unlawful by a duly authorized Village official, but which the owner wishes to repair, restore, or rebuild, shall be repaired, restored, or rebuilt in conformance with the provisions of this LDC. Excluded from this provision are buildings that are designated as historic by the LDC.

Development order approvals, including amendments to existing or approved development orders, must be consistent with the comprehensive plan provisions (except as identified in Sec, 9-304), and approved zoning actions applicable to the subject property at the time the approvals are issued. Existing nonconforming structures on the property subject to the development order application must be brought into compliance with current Village regulations and approved zoning actions as a condition of the development order approval. The development order condition must provide that the nonconforming structure will either be removed or brought into compliance prior to the issuance of a certificate of compliance.

No such nonconforming use of a building, or building and land in combination, shall be extended or enlarged, or replaced by another building or use not specifically permitted in the use regulations for the zoning district in which the building is located.

When a nonconforming use of a building, land, or building and land in combination is discontinued or abandoned for six consecutive months (except when government action impedes access to the land), the building, or building and land in combination, shall not thereafter be used except in conformance with the regulations of the zoning district in which it is located. This subsection shall not apply to seasonal agricultural uses.

A.

Only ordinary repairs and maintenance, including repair or replacement of roof covering, walls, fixtures, wiring, or plumbing, shall be permitted on any building or structure devoted to a nonconforming use. In no case shall such repairs include structural alterations.

B.

If a nonconforming structure or portion of a structure containing a nonconforming use becomes physically unsafe or unlawful due to lack of repairs and maintenance, and is declared by any duly authorized official to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired, or rebuilt except in conformity with the regulations for the zoning district in which it is located.

For purposes of this LDC, the term "nonconforming or substandard lot" means a lot of which the area, dimension, or location was lawful prior to the adoption of this LDC or an amendment of this LDC, but which fails by reason of such adoption or amendment to conform to the requirements for the zoning district in which the lot is located.

A.

For the purposes of this subsection only, a lot of record is a lot which conformed to the minimum lot size for the use permitted for that lot in the zoning district in which it is located at the time that the lot was created, but which lot fails to conform to the minimum lot size requirements which are established by this LDC.

B.

For the purpose of this subsection, a lot is created on such date that one of the following conditions occur:

1.

The date that a deed for the lot is lawfully recorded in the public records of Lee County;

2.

The date that a subdivision plat is lawfully recorded in the public records of Lee County, if the lot is a part of the subdivision;

3.

The date that a development order or site plan for a development was approved by the Lee County Board of County Commissioners prior to December 31, 2014, or by the Village Council thereafter, pursuant to resolution, as long as the development subsequently recorded a subdivision plat that has been approved by the Lee Board of County Commissioners or the Village Council, as appropriate, in the public records of the County, if the lot is a part of the subdivision; or

C.

Lots of record may be developed subject to the following provisions:

1.

All other regulations of this LDC shall be met.

2.

No division of any parcel is permitted which creates a lot with width, depth, or area below the minimum requirements in this LDC, provided that abutting lots of record may be combined and re-divided to create larger dimension lots as long as such re-combination includes all parts of all lots, existing allowable density is not increased, and all setback requirements are met.

3.

For mobile home or recreational vehicle lots of record, the following shall also apply:

A.

All mobile homes or recreational vehicles, including any attachments, shall be placed at least five feet from any body of water or waterway.

B.

All mobile homes or recreational vehicles shall have a minimum separation of ten feet between units (body to body) and appurtenances thereto. Each unit is permitted to have eaves which encroach no more than one foot into the ten-foot separation.

C.

Sites or lots located within a park shall not be reconfigured or reduced in dimension so as to increase the density for which the park was originally created.

D.

The burden of proof that the lot is legally nonconforming, and lawfully existed at the specified date, shall be with the owner.

A.

A single-family residence may be constructed on a nonconforming lot of record that does comply with the density requirements of the comprehensive plan, as long as the lot:

1.

Was lawfully created prior to June 1962 and the following conditions are met:

A.

Lots existing in the AG zoning district require a minimum width of 75 feet, a minimum depth of 100 feet, and a lot area not less than 7,500 square feet.

B.

Lots existing in any other zoning district which permits the construction of single-family residence require a minimum of 40 feet in width and 75 feet in depth, and a lot area not less than 4,000 square feet.

2.

Is part of a plat approved by the Village Council, or the Lee County Board of County Commissioners before Village incorporation and lawfully recorded in the public records of the Village or County after June 1962.

B.

Notwithstanding any other provision of this LDC, any entity owning property or entering or participating in a contract for purchase agreement of property, which property is not in compliance with the standard density requirements of the comprehensive plan, will be allowed to construct one single-family residence on said property, provided that:

1.

Date Created.

A.

The lot or parcel must have been created and recorded in the official Plat Books of Lee County prior to December 21, 1984, and the configuration of said lot has not been altered;

B.

A legal description of the lot or parcel was lawfully recorded in the Official Record books of the Clerk of Circuit County prior to December 21, 1984; or

C.

The lot was lawfully created after December 21, 1984, and the lot area was created in compliance with the Lee Plan as it existed at that time.

2.

Minimum Lot Requirements. In addition to meeting the requirements set forth above, the lot or parcel must:

A.

Have a minimum of 4,000 square feet of area if it was created prior to June 27, 1962;

B.

Have a width of not less than 50 feet and an area of not less than 5,000 square feet if part of a subdivision recorded in the official Plat Books of Lee County after June 27, 1962, and prior to December 21, 1984;

C.

Have a minimum of 7,500 square feet in area if it was created on or after June 27, 1962, and prior to December 21, 1984, if not part of a subdivision recorded in the official Plat Books of Lee County;

D.

Have been in conformance with the zoning regulations in effect at the time the lot or parcel was recorded if it was created after December 21, 1984; or

E.

Have been approved as part of a Planned Unit Development or Planned Development.

3.

Access and Drainage.

A.

In addition to meeting the requirements set forth above:

1.

The road that the lot or parcel fronts on must have been constructed and the lot must be served by drainage swales or equivalent drainage measures. The road must have, at a minimum, a graded surface of shell, mark, gravel base rock, or other compacted fill material, suitable for year-round use; or

2.

The lot or parcel must be located within a subdivision which was approved under F.S. ch. 177, as long as the subdivision improvements have been made or security for their completion has been posted by the subdivider.

B.

If the lot or parcel cannot meet the requirement of access and drainage, this requirement will not apply to the extent that it may result in an unconstitutional taking of land without due process.

A.

A single-family mobile home or a recreational vehicle may be placed on a lot of record, which lot is located within a mobile home or recreational vehicle park, as applicable, provided, however, that the park was properly zoned or approved by special permit for mobile home or recreational vehicle use, and provided further that minimum requirements as set forth in this subsection were met at the time the lot was created. These requirements are as follows:

1.

For lots of record created prior to the effective date of Lee County's 1962 zoning regulations:

A.

The minimum lot area per unit shall be not less than 1,200 square feet; and

B.

There shall be a minimum of ten feet between units.

2.

For lots of record created after the effective date of the Lee County's 1962 zoning regulations but prior to the effective date of the County's 1968 zoning regulations:

A.

The minimum lot area per unit shall be not less than 2,800 square feet;

B.

The minimum lot width shall be 40 feet; and

C.

The minimum setbacks from all lot lines shall be five feet, and between units or appurtenances thereto they shall be ten feet.

3.

For lots of record created after the effective date of Lee County's 1968 zoning regulations but prior to the effective date of the county's 1973 zoning regulations:

A.

Minimum lot areas shall be:

1.

For mobile homes on central sewer, 3,750 square feet;

2.

For mobile homes on individual septic systems, 7,500 square feet; and

3.

For recreational vehicles, 1,200 square feet.

B.

From a street right-of-way, ten feet;

C.

From a rear lot line, ten feet;

D.

From side lot lines, five feet or a minimum of ten feet between units; and

E.

From the park perimeter, 15 feet.

B.

For lots of record created after the effective date of Lee County's 1973 zoning regulations but prior to the effective date of the county's 1978 zoning regulations:

1.

Minimum lot areas shall be:

A.

For mobile homes on central sewer, 4,000 square feet; and

B.

For recreational vehicles on approved septic systems, 1,200 square feet.

2.

Minimum setbacks for both mobile homes and recreational vehicles shall be:

A.

From a street right-of-way, ten feet;

B.

From a rear lot line, ten feet;

C.

From side lot lines, five feet or a minimum of ten feet between units; and

D.

From the park perimeter, 15 feet.

C.

For lots of record created after the effective date of Lee County's 1978 zoning regulations but prior to the effective date of this LDC:

1.

Minimum lot areas shall be:

A.

In the MH-1 district, 7,500 square feet;

B.

In the MH-2 district, 5,000 square feet;

C.

In the MH-3 district, 21,000 square feet;

D.

In the MH-4 district, 40,000 square feet; and

E.

In the RV district, 2,000 square feet.

2.

Minimum setbacks shall be as set forth in the Lee County 1978 zoning regulations.

D.

(A) through (E), above, do not limit the regulation of uniform fire safety standards established by the Village.

Parcels with nonconforming screening or buffers shall come into compliance with the minimum buffer requirements of this LDC when the use of the parcel is discontinued for a period of six calendar months.

Parcels with nonconforming screening or buffers shall come into compliance with the minimum buffer requirements and architectural standards of this LDC when the use or structure is expanded.

Issuance of development permits for normal repairs and maintenance of structures, including, but not limited to, repair or replacement of roof covering, structural walls, fixtures, wiring or plumbing, shall not trigger compliance with the minimum buffer requirements.

A structure, lot, or parcel of land that has been or will be rendered nonconforming as to area, width, depth, setbacks, lot coverage, or parking because of a taking through eminent domain proceedings, by the voluntary sale of a parcel of land under the threat of eminent domain proceedings by a governmental authority, or by the voluntary donation of land to a governmental authority, shall be deemed conforming only for the items affected by the eminent domain action.

An administrative variance procedure is available to address improved parcels or parcels with approved development orders that have been rendered nonconforming or have been rendered unable to comply with current regulations as to signs, required landscape buffers, and open space because of a taking through eminent domain proceedings, by the voluntary sale of a parcel of land under the threat of eminent domain proceedings by a governmental authority, or by the voluntary donation of land to a governmental authority.