Florida City Zoning Code
ARTICLE VIII
Nonconforming Buildings and Uses
§ 119-25 Provisions applicable to nonconforming buildings and uses.
The following provisions shall apply to all buildings and uses existing on the effective date of this chapter which buildings and uses do not conform to the requirements set forth in this chapter; to all buildings and uses that become nonconforming by reason of any subsequent amendment of this chapter and the Zoning Map which is a part thereof; and to all conforming buildings housing nonconforming uses:
A.
Any nonconforming use may be changed to a conforming use. Once changed to a conforming use, no building or land shall revert to a nonconforming use. Any nonconforming use, except those nonconforming uses specified in Subsection E, may be continued indefinitely, but:
(1)
Shall not be enlarged, extended, reconstructed, restored [except in accordance with Subsection B(3) or placed on a different portion of the lot or parcel of land occupied by such use on the effective date of this chapter, nor shall any external evidence of such use be increased by any means whatsoever.
(2)
Shall not be reestablished if such use has been discontinued for any reason for a period of one year or more or has been changed to or replaced by a conforming use. Intent to resume a nonconforming use shall not confer the right to do so.
B.
Except as provided in Subsections C and D below, no building which houses a nonconforming use shall be:
(1)
Structurally altered or enlarged.
(2)
Moved to another location where such use would be nonconforming.
(3)
Restored for other than a conforming use after damage from any cause exceeding 50% of the replacement cost of such building, exclusive of foundations. Any such building damaged to a lesser extent may be restored, but not enlarged, and the nonconforming use reinstated within one year of such damage. If the restoration of such building is not completed within the said one-year period, the nonconforming use of such building shall be deemed to have been discontinued, unless such nonconforming use is carried on without interruption in the undamaged portion of such building.
C.
Normal maintenance, repair, or structural alteration of a building which does not house a nonconforming use but is nonconforming as to the district regulations for lot area, lot width, front yard, side yard, rear yard, maximum height maximum lot coverage or minimum livable floor area per dwelling, is permitted, provided the same does not increase the degree of or create any new nonconformity of such regulations with such building.
D.
Nothing in this article shall be deemed to prevent normal maintenance and repair of any building or the carrying out, upon the issuance of a building permit, of major structural alterations or demolitions necessary in the interest of public safety. In granting such a permit, the Code Enforcement Officer shall state the precise reason why such alterations are deemed necessary to protect the public safety.