This Chapter 47 of the Code of Ordinances of the City of Fort Lauderdale, Florida shall be known as the "City of Fort Lauderdale, Florida, Unified Land Development Regulations" and may also be cited and referred to herein as the "ULDR."

(Ord. No. C-97-19, § 1(47-1.1), 6-18-97)

In the interpretation and application of the ULDR, the provisions herein shall be the minimum adopted for the promotion of health, safety, morals, comfort, prosperity and general welfare of the community. It is not intended by the ULDR to repeal, abrogate, annul or in any way impair or interfere with any easements, covenants or other agreements between parties, or any private restrictions placed upon property by covenant, deed or recorded plat; provided, however, where the ULDR impose a greater restriction upon the use or development of property than are imposed or required by such existing provisions of law, ordinance or resolution or by such rules, regulations or permits or easements, covenants or agreements, the provisions of the ULDR shall control. Requirements in the ULDR are cumulative and a provision in one section shall not be interpreted as the only provision applicable to development.

(Ord. No. C-97-19, § 1(47-1.2), 6-18-97)

If because of error or omission in the zoning map, any property in the city is not shown as being in a zoning district, the zoning district for such property shall be RS-8 until the property is rezoned.

(Ord. No. C-97-19, § 1(47-1.3), 6-18-97)

When development permits approved by the city contain yard or other restrictions which exceed the minimum ULDR requirements, the more restrictive regulations shall govern and shall be enforced by the city. Private deed restrictions or private covenants for a subdivision or agreements for use of property, which have not been approved by the city and made a part of the approved development permit, do not fall within the jurisdiction of enforcement by the city.

(Ord. No. C-97-19, § 1(47-1.4), 6-18-97)

If any clause, sentence, subdivision, paragraph, section or part of the ULDR is adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder, thereof, but shall be confined in its operation to the clause, sentence, subdivision, paragraph, section or part thereof directly adjudicated invalid.

(Ord. No. C-97-19, § 1(47-1.5), 6-18-97)

A.

In order to regulate and limit the height and bulk of structures erected or altered; to regulate and limit the density of the population; to regulate and determine the area of yards and other open spaces; to regulate and restrict the location of uses; and the location of structures erected and altered for specified uses, the city is hereby divided into districts.

B.

The districts and the boundaries of each are shown upon the "Official Zoning Map of City of Fort Lauderdale," copies of which have been filed with the department and city clerk. The descriptions of all lands within each of such zoning districts are shown upon Schedule "A" revised compilation, attached to such "Official Zoning Map of City of Fort Lauderdale." Such Official Zoning Map and Schedule "A" revised compilation attached thereto are by reference made a part of this section as if same were set out and described herein. All amendments to zoning regulations of the city, wherein lands are rezoned, shall be made with appropriate reference to the particular district as shown upon such Official Zoning Map, and with particular reference to the description of lands to be rezoned as same are described in Schedule "A" revised compilation.

(Ord. No. C-97-19, § 1(47-1.6), 6-18-97)

A.

Unless otherwise shown, the district boundaries are the center lines of streets, alleys, easements or waterways, and where the districts designated on maps accompanying and made a part of the ULDR are approximately bounded by the center lines of streets, alleys, easements or waterways, such lines shall be considered to be district boundaries.

B.

Where due to scale or illegibility of the zoning map or due to the absence of a street, alley, easement, waterway or recorded subdivision of plat lines, there is any uncertainty, contradiction or conflict as to the intended location of any district boundary, the zoning administrator shall have the power and duty of interpreting the intent of said zoning map so as to determine and designate the proper location of such district boundary in accordance with the spirit and purpose of the ULDR. The ordinance causing the rezoning of land, along with its specific legal description of lands rezoned, shall be the primary basis for determining district boundaries.

(Ord. No. C-97-19, § 1(47-1.7), 6-18-97)

Where not otherwise indicated on zoning maps or specified in amendments to the zoning maps, rights-of-way are placed in the same zoning district they would be zoned if vacated as provided in Sec. 47-24.6. Publicly owned rights-of-way shall be permitted in any zoning district.

(Ord. No. C-97-19, § 1(47-1.8), 6-18-97)

Where any street or alley is officially vacated or abandoned, the ULDR applicable to each parcel of abutting property shall apply to that portion of such street or alley added thereto by virtue of such vacation or abandonment. Where any easement is officially vacated or abandoned, the ULDR applicable to property underlying the vacated easement shall apply to the easement area.

(Ord. No. C-97-19, § 1(47-1.9), 6-18-97)

A waterway, lake or other body of water between its center or thread and abutting unsubmerged land which has not been included within the boundaries of a zoning classification shall be construed as having the same zoning designation as the abutting unsubmerged land. The thread is defined as the line midway between the banks of a waterway.

(Ord. No. C-97-19, § 1(47-1.10), 6-18-97)

The provisions of the ULDR are not intended, and shall not be construed, to preclude the use of any property by the city for public purpose uses, in accordance with Sec. 47-18.26.

(Ord. No. C-97-19, § 1(47-1.11), 6-18-97)

A.

Whenever unincorporated property is annexed by the city pursuant to the Florida Statutes, and when said property has been previously zoned by a unit of local government, the use regulations of that unit of local government shall remain in full force and effect until the city adopts a comprehensive plan amendment that includes the annexed area and the property is rezoned by the city.

B.

An existing use or uses that have been legally permitted by a unit of local government prior to annexation into the city on or after March 5, 1994 and is rezoned to a city zoning district that does not list the use or uses as a permitted or conditional use, shall be a permitted use for the subject property after annexation into the city and rezoning to a city zoning district subject to the following:

1.

Such use is permitted by the city plan.

2.

Such use continues and is not discontinued as provided in Section 47-3, Nonconforming Uses.

3.

When such use changes after rezoning by the city to a different use permitted in the zoning district applicable to the subject property, the use prior to the change cannot be reestablished unless permitted in the zoning district.

4.

If a structure occupied by a use that is not permitted in the city zoning district is damaged or destroyed by fire, explosion or other casualty or Act of God or public enemy by more than fifty (50) percent of its replacement value or fifty (50) percent of the gross floor area of the existing structure, such structure may be restored to the condition it was in prior to the damage, subject to the following conditions:

a.

The structure may only be rebuilt in accordance with the city plan. If the reconstruction of that portion destroyed would result in a use inconsistent with the city plan, such reconstruction shall not be permitted.

b.

For those structures other than those described in subsection 6. the dimensional requirements for the structure as provided in the zoning district, or if not permitted, a zoning district most similar to the zoning district applicable to the property as determined by the zoning administrator shall apply to the new structure.

c.

For those structures other than those described in subsection 6. the development site where the structure is to be rebuilt must meet all the requirements of the ULDR for said development.

d.

All other provisions of Section 47-3, except as amended by this Section 47-1.12 shall be in effect for all uses or structures that do not conform to the zoning district applicable to the property.

5.

If more than fifty (50) percent of the replacement value or of the gross floor area of an existing structure is demolished by other than fire, explosion or other casualty or Act of God or public enemy, then such structure may not be restored to the condition it was in prior to the damage, and any use of the property on which such structure was located shall be required to meet all of the requirements of the ULDR.

6.

Notwithstanding the provisions of subsections 1. through 5. of this subsection B., for those residential structures that have been shown on plans submitted to the city during a time period ending December 31, 2003 pursuant to the process established by the building department, the buildings and structures shown on such plans are in accordance with Resolution No. 02-27 or Resolution No. 02-28 as applicable, and the structures may be rebuilt in accordance with the dimensional and other requirements shown on such plans.

(Ord. No. C-97-19, § 1(47-1.12), 6-18-97; Ord. No. C-04-26, § 1, 5-4-04)

A.

As used in this section, the following definitions shall apply:

1.

Public official. Any elected or appointed public official of the city who recommends or takes quasi-judicial action.

2.

Ex parte communication. Any written or oral communication from any person to a public official or an investigation or inspection by a public official of a site which is the subject of a matter to be considered in a quasi-judicial hearing by such public official.

B.

Disclosure. An ex parte communication shall not be presumed to be prejudicial to the action taken by a public official, board or commission if the communication is disclosed as follows:

1.

The public official in receipt of a verbal communication discloses the identity of the person, group or entity with whom the communication took place and makes such information part of the record of the quasi-judicial matter prior to final action being taken on the matter.

2.

The public official in receipt of a written communication makes the written communication part of the record of the quasi-judicial matter prior to final action being taken on the matter.

3.

The public official who conducts an investigation or on-site visit or receives an expert opinion relating to a quasi-judicial action pending before him makes the investigation, on-site visit or expert opinion part of the record of the quasi-judicial matter prior to final action being taken on the matter.

4.

Disclosure made pursuant to this section shall be made before or during the public meeting at which a vote is taken on such matter so that persons who have opinions contrary to those expressed in the ex parte communication are given a reasonable opportunity to rebut or respond to the communication.

(Ord. No. C-97-19, § 1(47-1.13), 6-18-97)

A.

Where a zoning district contains a List of Permitted and Conditional Uses the following shall apply:

1.

Permitted uses are listed under the heading, Permitted Uses, and are designated by categories permitted within each zoning district, indicating that such use shall be permitted within the specific zoning district, subject to the requirements of such zoning district.

2.

Where a listed use is followed by a reference to other sections of the ULDR which apply to the use, then the use is permitted subject to compliance with such additional provisions and requirements as set forth in the ULDR.

3.

Conditional uses are listed under the heading, Conditional Uses, and are listed by categories permitted within a district, indicating that such use may be permitted within the specific zoning district, as indicated, subject to compliance with procedures and requirements for conditional use permits as set forth in the ULDR.

4.

Permitted or accessory uses which are not specifically listed but are substantially similar to those uses listed as permitted or accessory within a district shall be deemed to be permitted as interpreted by the zoning administrator.

5.

Any use not substantially similar to those permitted or accessory uses listed within a district shall be deemed to be prohibited as interpreted by the zoning administrator.

B.

In all zoning districts, the following definition of permitted, conditional, accessory and prohibited uses shall apply.

1.

A permitted use is a use allowed in a particular zoning district, subject to the requirements provided in the ULDR. A permitted use may become a conditional use based on Section 47-23, Specific Location Requirements, or as otherwise required by the ULDR.

2.

A conditional use is a use which may be allowed in a particular zoning district only after compliance with all the conditions and standards for the location or operation of the use, as required by conditional use permit, as provided in Sec. 47-24.3.

3.

An accessory use is any use of land or of a building or portion thereof customarily incidental and subordinate to the principal use of the land or building and located on the same parcel with the principal use which meets the requirements of Section 47-19, Accessory Uses, Buildings and Structures.

4.

A secondary use is a second principal use which is only permitted in connection with another principal use.

5.

A prohibited use is any use which is not listed as a permitted, conditional or accessory use in a zoning district, and which is not substantially similar to those uses listed as a permitted, conditional or accessory use in that zoning district.

(Ord. No. C-97-19, § 1(47-1.14), 6-18-97)

Except as provided herein, all permitted uses, including sales, display, preparation and storage shall be conducted entirely within a completely enclosed building.

(Ord. No. C-97-19, § 1(47-1.15), 6-18-97)

The approval of a development permit shall not be construed to create a right to any development of property that fails to meet the requirements of all land development regulations applicable to the development.

(Ord. No. C-97-19, § 1(47-1.16), 6-18-97)

Development proposed in an application submitted to the city which has been reviewed, approved, or both, by the city pursuant to zoning provisions in effect prior to the effective date of the ULDR shall continue to be required to meet the zoning regulations in effect at the time of the application. Any request to review an existing site plan under the ULDR must be submitted as a new development.

(Ord. No. C-97-19, § 1(47-1.17), 6-18-97)

All cases heard by the board of adjustment after the effective date of the ULDR shall be governed by the procedures and criteria set out in the ULDR.

(Ord. No. C-97-19, § 1(47-1.18), 6-18-97)

When any of the distance or measurement requirements listed below are referred to in the ULDR, such distance or measurements will be determined in accordance with the following.

(Ord. No. C-97-19, § 1(47-2.A), 6-18-97)

A.

Customer service area. Customer service area is the area of an establishment available for food or beverage service or consumption, or both, calculated by measuring all areas covered by customer tables and bar surfaces and any floor area within five (5) feet of the edge of said tables and bar surfaces, measured in all directions where customer mobility is permitted. Customer service area shall include any outdoor or patio floor area used or designed for food or beverage service or consumption, or both, measured as specified above. Areas between tables or bars which overlap in measurement with another table shall only be counted once.

B.

Distance requirements. Unless otherwise provided herein, distances shall be measured in accordance with the following:

1.

When the ULDR require a distance between uses or developments on different development sites or there are requirements in the ULDR for a development which is located within a certain distance from another development, the distance shall be measured using airline measurement from property line to property line using the closest property line of the parcels of land involved.

2.

When the ULDR imposes requirements on a development which is located within a certain distance of a zoning district, the distance shall be measured using airline measurement from the zoning district line lying closest to the closest property line of the parcel of land involved.

3.

When there is a distance requirement between a structure or building on the same development site, the distance shall be measured from the exterior of the buildings or structures, using airline measurement from the closest points between the structures being measured.

4.

When a portion of a parcel or development site lies within a certain distance of a zoning district or development and the ULDR imposes requirements or regulations on a development or parcel within such distance, the requirements and regulations shall be applicable to the entire parcel or development site and not just to the portion within the specified distance.

C.

Floor area, gross. The sum of the floor areas of all floors of a building or structure from the exterior face of exterior walls, or from the centerline of a wall separating two buildings, excluding covered parking and loading areas or parking garages for nonresidential uses in all but the area east of the Intracoastal Waterway. Covered parking and loading areas or parking garages shall be included in calculating gross floor area for residential uses and nonresidential uses east of the Intracoastal Waterway. When an entire level of a building or structure is located below ground as measured from floor to floor or ceiling slab to ceiling slab, the floor area of this level shall be excluded from the calculation of gross floor area. In restaurants, gross floor area shall also include any outdoor or patio floor area used or designed for use for customer service. For the purpose of calculating parking spaces, see gross floor area as provided in Sec. 47-20.2.B., Parking and Loading Zone Requirements.

D.

Floor area, net. The total floor area of all floors of a building, excluding stairwells and elevator shafts, equipment rooms, interior vehicular parking or loading and all floors below the first or ground floor, except when such is used or intended to be used for human habitation or service to the public.

E.

Floor area ratio (FAR). The floor area ratio is the gross floor area of all buildings or structures on a plot divided by the total plot area.

F.

Fractional measurements.

1.

When units or measurements result in a requirement of a fraction, any such fraction equal to or greater than exactly fifty percent (50%) shall require the full requirement, unless otherwise provided for in the ULDR.

2.

Density fractional measurements. When calculating density, any fraction of a unit shall be rounded down to the nearest whole number.

G.

Grade.

1.

When used in determining a measurement, grade shall be the greater of:

a.

The natural elevation of the ground when compared to abutting properties. Natural elevation of the ground when compared to abutting properties, shall be derived by selecting a minimum of two (2) elevation points on each adjoining property line and calculating the average of all the selected elevation points. This calculation will determine the reference plane for calculating the height of structures;

b.

The base flood elevation requirement for the lowest floor as shown on the flood insurance rate map published by the Federal Emergency Management Agency (FEMA);

c.

Eighteen (18) inches above the FEMA base floor elevation requirement for the bottom of the lowest horizontal structural member (LHSM) of the lowest floor;

d.

Eighteen (18) inches above the State of Florida, Department of Environmental Protection or its successor agency, minimum requirement for the bottom of the LHSM of the lowest floor.

e.

The Broward County one hundred-year flood elevation map.

For purposes of the definition of grade, the term floor shall be defined as the top of the lowest inside surface of an enclosed area in a building, including the basement. For example, the top of the slab in a concrete slab construction or the top of wood flooring in wood frame construction. The term does not include an unfurnished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area.

2.

When used to measure non-habitable accessory structures, grade shall be the finished floor elevation of the principal structure.

H.

Gross acre. The unit of land area which comprises an acre, including that portion of land area within public ownership. Public land area shall include public rights-of-way and public waterways. Gross acre is used for the purpose of calculating the maximum density permitted on a parcel when applying flexibility units, as defined in Section 47-28, Flexibility Rules.

I.

Height. The height of buildings and structures shall be measured from grade to the uppermost part of the roof or structure. Church spires and steeples, chimneys, parapet walls, machine rooms, elevator towers and the like necessary to the design and function of a building but not designed for human occupancy, shall not be included in the measurement of overall height of a building. The height shall be the roof peak for structures with pitched roofs and the roof slab for structures with flat roofs.

J.

Lot coverage. That portion of the lot that is covered by all principal and accessory buildings.

K.

Lot depth. The depth of a lot is the distance measured from the mean direction of the side lines of the lot from the midpoint of the street lot line to the midpoint of the opposite main rear line of the lot.

L.

Lot width. The horizontal distance between the side lines of a lot measured at the front building setback line, or at the front property line where no front setback is required.

M.

Mean high water. The mean high water line is defined as elevation +1.25 feet mean sea level, U.S. Coast and Geodetic Datum, as shown on sketch No. 4-45-5, dated July 29th, 1964, on file in the office of the City Engineer.

N.

Net acre. The unit of land area which comprises an acre, less that portion of land area within public ownership. Public land area shall include public rights-of-way and public waterways and other publicly dedicated areas. Net acre is used for the purpose of calculating the maximum density permitted on a parcel by the ULDR and by the LUP.

O.

Setback. A setback is the minimum horizontal distance between a structure and a property line of a lot or plot.

P.

Setback, average for fences, walls and planters. See Note F, Table 1, Section 47-19.5.B.

Q.

Sight triangle. A triangular shaped area of land, as defined in Section 47-35, Definitions, and measured as follows:

1.

Ten (10) feet from the intersection point of the edge of a driveway and curb, or in the event that there is no curb, the edge of the alley or street pavement; or

2.

Fifteen (15) feet from the intersection point of the extended property lines at an alley and a street; or

3.

Twenty-five (25) feet from the intersection point of the extended property lines at a street and a street.

4.

The sight triangle requirements may be reduced from twenty-five (25) feet to no less than fifteen (15) feet, for the purpose of retaining existing, mature landscaping, when the following conditions are present:

a.

The property is located on a local street and intersects with another local street;

b.

The property is located in a single family zoning district (RS-4.4, RS-8, RD-15, RD's-15, RC-15 and RC's-15) or a Historic Designated District;

c.

The request for reduction of sight triangle dimensions is subject to review by the City Engineer on a case-by-case basis, shall comply with engineering standards and shall take into consideration neighborhood characteristics such as the location of schools, parks and other community facilities, pedestrian facilities such as adequate sidewalks, street characteristics such as pavement width, width of border (right-of-way line to curb), the curvature of the street, speed limits, and other similar elements.

Sight triangles located at the intersection of a local street or driveway with a right-of-way under County, State or Federal jurisdictions, may be subject to the sight visibility requirements of those jurisdictions.

R.

Transparency, as related to fences, walls and hedges: See Note B, Table 1, Section 47-19.5.B

S.

Yard. Yards shall extend and be measured perpendicular and inward from the respective property lines. When a yard is required along a property line that abuts a waterway, it shall be measured from the face of the seawall in contact with the waterway (wetface), or from the edge of the waterway where no seawall exists.

(Ord. No. C-97-19, § 1(47-2.B), 6-18-97; Ord. No. C-98-19, § 1, 4-7-98; Ord. No. C-00-15, § 1, 2-15-00; Ord. No. C-01-15, § 1, 5-1-01; Ord. No. C-03-19, § 1, 4-22-03; Ord. No. C-04-2, § 1, 1-12-04; Ord. No. C-04-3, § 1, 2-3-04; Ord. No. C-21-32, § 2, 10-21-21)

A.

Generally. As used in this section a nonconforming use is any use which is in compliance with the zoning regulations applicable to that use at the time the use was established and for which all required permits were issued, which use would be prohibited, restricted or would otherwise not conform to the ULDR.

B.

Continuation of a nonconforming use. A nonconforming use may continue subject to the following:

1.

A nonconforming use shall not be enlarged or extended nor shall the building it occupies be enlarged, extended or rebuilt such that the use would occupy a greater area of land than was occupied by the use on the effective date (June 28, 1997) or amendment of the ULDR which causes the use to become nonconforming, nor altered in any way so as to extend or enlarge the scope or area of its operation.

2.

Once a nonconforming use is changed to a permitted use, or terminated as provided in Sec. 47-3.8 in all or portion of a building or property, the nonconforming use which was permitted or terminated, as the case may be, shall not be resumed.

(Ord. No. C-97-19, § 1(47-3.1), 6-18-97)

A.

Generally. A nonconforming structure is any structure which is in compliance with the zoning regulations applicable at the time the structure was established and for which all required permits were issued, which structure would be prohibited, restricted, or would otherwise not conform to the ULDR. Nonconforming structures shall include those structures which do not comply with the yard, lot coverage, height or any other structural restrictions of the ULDR with the exception of regulations relating to parking facilities or vehicular use areas.

B.

Continuation of a nonconforming structure. A nonconforming structure may continue in existence subject to the following:

1.

A nonconforming structure may not be enlarged or altered in a way which increases its nonconformity, but a nonconforming structure may be altered to decrease its nonconformity.

2.

An addition may be made to a nonconforming structure provided that the addition meets all current ULDR requirements except an addition described in Sec. 47-3.2.B.3.

3.

In R-zoned districts where the minimum side yard requirement for an existing building is less than specified for the district, but not less than five (5) feet, and where the building is designed and the foundation is built for additional floors, additional floors may be added with the same yard provided that the total height does not exceed the height permitted in the zoning district and all other provisions of the ULDR are met.

C.

Designated historic landmarks and contributing properties located in historic districts are eligible for waivers in accordance with Section 47-24.11.H of the ULDR.

(Ord. No. C-97-19, § 1(47-3.2), 6-18-97; Ord. No. C-20-07, § 2, 3-3-20)

A.

Generally. A nonconforming lot is a lot of record as shown on the latest recorded plat of property or described by deed recorded in the public records of the county which met the width, area and length requirements in effect when the lot first became of record, which lot would be prohibited or further restricted under the ULDR or would otherwise not conform to the ULDR.

B.

Continuation of a nonconforming lot. A nonconforming lot may continue in existence subject to the following:

1.

A nonconforming lot may not be further subdivided or consolidated in whole or in part with another parcel, in a manner which increases the nonconformity. The nonconforming lot may be subdivided or consolidated if such subdivision does not increase the nonconformity, subject to the subdivision regulations in Sec. 47-24.5.

2.

A nonconforming lot in any residentially zoned district may be used for a standard single family or duplex structure or building only where a permitted use by the ULDR. Minimum five (5) foot side yards shall be required and front and rear yards shall meet the yard requirements in the zoning district where the parcel is located.

3.

If two (2) or more lots with continuous frontage are in a single ownership and if any of the lots are nonconforming, the nonconforming lot and the parcel or lot abutting the nonconforming lot shall be deemed by operation of law to be merged and considered to be an undivided plot. No development permit shall thereafter be issued for a use of the nonconforming lot which has been merged with another parcel which recognizes a reduction of the merged parcel below the requirement for a lot which meets the ULDR requirements of the zoning district where the lot is located.

(Ord. No. C-97-19, § 1(47-3.3), 6-18-97)

Regulations for nonconforming parking are provided in Section 47-20, Parking and Loading Requirements; for nonconforming landscaping see Section 47-21, Landscape and Tree Preservation Requirements; and for nonconforming bufferyards, see Section 47-25, Development Review Criteria.

(Ord. No. C-97-19, § 1(47-3.3.A), 6-18-97)

A.

A nonconforming use or a permitted use in a nonconforming structure may be changed to the same or similar use without requiring the structure, use or both to meet the regulations which caused it to become nonconforming, subject to the provisions herein. The proposed use shall be the same or similar as the existing use if the following conditions are met:

1.

The proposed use has the same or less stringent parking requirements as the existing use as provided in the Table of Parking Requirements in Section 47-20, Parking and Loading Requirements; and

2.

The proposed use has the same operational activity as the existing use or the proposed operational activity has a lesser impact than the existing operation. As an example, the following is a list of uses with the same operational activity:

a.

Retail sales to retail sales;

b.

Wholesale sales to wholesale sales;

c.

Service without outdoor use to service without an outdoor use;

d.

Service without delivery to service without delivery;

e.

Storage to storage; and

an example of an operational activity with a lesser impact is any change from sales, service or storage to an office use.

3.

A change in use shall be reviewed in accordance with the procedures for site plan level I review as provided in Section 47-24.2 and in accordance with the requirements for the proposed use and location as provided in the ULDR.

4.

If the proposed use meets the conditions provided in this subsection A, the existing use may be changed to the proposed use while maintaining its nonconforming status.

B.

If the proposed use does not meet all of the provisions of subsection A, the change in use may be permitted if:

1.

The proposed use has the same or less stringent parking requirements as the existing use as provided in the Table of Parking Requirements in Section 47-20, Parking and Loading Requirements; or

2.

A parking reduction is granted which results in the use having the same or less parking requirements as the existing use as provided in the Table of Parking Requirements, Section 47-20, Parking and Loading Requirements; and

3.

The proposed use is permitted within the zoning district where the property is located and conditions imposed on the site or use results in the operational activity having the same or lesser impact on surrounding areas as the existing use determined in accordance with the following:

a.

If the change of use is within an existing structure, which if proposed as new development would not meet the threshold requiring a site plan level II or higher permit, a determination whether a proposed use has the same or lesser impact shall be made as part of the issuance of a certificate of compliance (Section 47-24.1).

b.

If the change of use is within an existing structure, which if proposed as new development would meet the threshold requiring a site plan level II or higher permit, a determination whether the new use has the same or lesser impact shall require a site plan level II or higher permit in accordance with Section 47-24.2, Site Plan Development Permits, and the criteria provided in Section 47-25.3, Neighborhood Compatibility Requirements, shall apply.

c.

Conditions may be imposed which relate to improvements located outside of the principal structure. Such conditions may include, but shall not be limited to, parking, landscaping, signs, ingress and egress, non-structural alterations to the exterior of the principal structure, but shall not include alterations to load bearing walls, columns or girders. The conditions may include restrictions on operation of the use. In any instance, such conditions may be imposed which do not exceed the ULDR for any change in use which does not meet the provisions of subsection A. Such conditions may exceed the ULDR requirements if necessary to mitigate adverse impacts.

d.

If a determination is made that any adverse impacts of the proposed use will be mitigated after such conditions are imposed without moving or altering load bearing walls, columns or girders, then the change in use will be permitted. If a determination is made that the adverse impacts cannot be mitigated, the change in use will not be permitted without requiring the use, structure or both to meet the requirements of the ULDR.

e.

Commission request for review. The approval of a change in use pursuant to this subsection B., by the development review committee (DRC) shall not take effect nor shall a building permit be issued any sooner than thirty (30) days from the date of approval, and then only if no motion is adopted by the city commission seeking to review the application or no appeal is filed by the applicant as provided in Section 47-26B, Appeals. The approval of a change of use by the department as part of a certificate or compliance shall not take effect nor shall a building permit be issued within seven (7) days of the approval, and then only if no statement of intent has been filed by a city commissioner requesting a review of the application pursuant to the criteria provided in Section 47-26A.2.A. If a statement of intent is filed within the seven (7) day period, a motion to approve or deny the application, or approve with conditions, shall be scheduled on the next available city commission agenda. Only agenda and posted notice will be required. The approval shall take effect on the eighth (8th) day following the approval by the department if no statement of intent is filed within the seven (7) day period.

f.

Appeal. An applicant may appeal a denial of a change in use after site plan level II review to the planning and zoning board in accordance with Section 47-26B, Appeals.

C.

If the proposed change in use is not approved pursuant to subsection A or B, the change in use is not permitted unless both the proposed use and structure meet all of the requirements of the ULDR. Notwithstanding this provision, a change in use may be permitted pursuant to Section 47-23.9, Interdistrict corridor requirements.

(Ord. No. C-97-19, § 1(47-3.4), 6-18-97; Ord. No. C-00-25, § 1, 5-16-00; Ord. No. C-02-32, § 3, 10-15-02)

A.

Generally. Changes to a nonconforming structure or to a structure which contains a nonconforming use shall be made subject to the following:

1.

Alterations. Alterations in the supporting members of a building or structure such as load bearing wall, columns, beam or girders shall not be permitted unless required to be made to assure the safety of the building as determined by the city building official. All other alterations, which may include but are not limited to, movement or replacement of non-load-bearing walls or addition of ornamental features, shall be permitted if constructed in accordance with the ULDR.

B.

Damage, destruction or removal of structure.

1.

When a building or structure which contains a nonconforming use or when a nonconforming structure is damaged or destroyed by fire, explosion, other casualty or public enemy or act of God by not more than fifty percent (50%) of its replacement value or not more than fifty percent (50%) of the total gross floor area of the building or not more than fifty percent (50%) of the total area of the structure, the building or structure may be restored to the condition it was in prior to the damage.

2.

When a building or structure is removed or destroyed by other than an act of God or public enemy by not more than fifty percent (50%) of its replacement value or not more than fifty percent (50%) of the total gross floor area of the building or not more than fifty percent (50%) of the total area of the structure, that portion of the building or structure to be restored must be in compliance with the ULDR.

3.

If more than fifty percent (50%) of the total gross floor area of the building or more than fifty percent (50%) of a structure or more than fifty percent (50%) of its replacement value is damaged, destroyed or removed for any reason the entire building, structure or use thereof shall be required to meet the ULDR.

C.

Exception to subsections A and B. A nonconforming structure in an historic district or designated as an historic landmark, may be replaced, altered or an addition made if it meets the following criteria and is approved as part of the issuance of a certificate of appropriateness as provided in Sec. 47-24.11.D:

1.

The original exterior elevations and materials of a structure are maintained; or proposed exterior elevations and material types of a structure are restored to be compatible with its historic character, according to the guidelines provided by Sec. 47-24.11.

2.

The alteration, replacement or addition will support the continuation of a structure which is determined to be in character with the original historic designation.

D.

Repair and maintenance. For any nonconforming structure or portion of a nonconforming structure, or any structure containing a nonconforming use, work may be done on ordinary repairs, or on repair or replacement of walls, fixtures, wiring or plumbing or other parts of the structure provided that no changes are made to any supporting members of a building such as load bearing walls columns, beams or girders, unless required to be made to assure the safety of the building as determined by the city building official, and provided that the square footage of floor area and the cubic footage of the nonconforming portion of the structure shall not be increased.

(Ord. No. C-97-19, § 1(47-3.5), 6-18-97; Ord. No. C-99-14, § 1, 3-16-99; Ord. No. C-19-33, § 2, 10-2-19)

Any existing lawfully permitted use existing on the effective date (June 28, 1997) or amendment of the ULDR which would thereafter require a conditional use permit or site plan review may continue without a conditional use or site plan approval, but any addition or replacement as described in Sec. 47-3.6.B, or if such use is terminated as provided in Sec. 47-3.8, shall require a conditional use permit or site plan review.

(Ord. No. C-97-19, § 1(47-3.6), 6-18-97)

A.

The legal nonconforming status of a nonconforming building or structure or a nonconforming use shall be terminated and the nonconforming use of the building or structure shall no longer be permitted, except in accordance with the ULDR in effect at the time a use is resumed, upon the occurrence of one of the following:

1.

Fifty percent (50%) or more of the replacement value of a nonconforming building or structure is removed, damaged or destroyed or fifty percent (50%) or more of the total area of a building or structure is removed, damaged or destroyed.

2.

a.

If a nonconforming building or structure or nonconforming use is discontinued for a continuous period of one hundred and eighty (180) days in accordance with this section, there shall be a presumption of discontinuance of use if any one (1) or more of the following occurs for a continuous period of one hundred and eighty (180) days:

i.

The goods or services previously provided on the premises are no longer provided;

ii.

There is no water or electricity provided to the site and this is not due to natural causes;

iii.

A certificate of occupancy has not been issued for the structures located on the site;

iv.

Other evidence that the use has been discontinued.

b.

If the use has been discontinued for more than one hundred and eighty (180) days based on the criteria provided in this subsection A.2, the legal nonconforming status of the building, structure or use is terminated unless an application for continuation of a nonconforming status is approved as provided herein.

c.

A property owner may apply to the department for continuation of legal nonconforming status if the applicant shows that:

i.

Circumstances such as death of a property owner; revocation of a license necessary to operate the use or results in the discontinuance of the use and there is no determination by the entity which took action to cause the discontinuance that the owner acted wrongfully; foreclosure litigation; bankruptcy, or loss of a tenant; and

ii.

Continuous good faith efforts to resume the use have been shown. If discontinuance in use is due to the loss of a tenant, the owner must show that reasonable action to obtain a new tenant has continued such as listing the property with a real estate agent, receipt of good faith offers on a regular basis by interested persons, existence of a telephone number which is available to persons interested in the property and evidence of continuous active marketing efforts such as advertisements in appropriate media and current signage on the property.

d.

An application for an extension of nonconforming status shall be filed with the department and shall be reviewed in accordance with the process for site plan level I review in accordance with Sec. 47-24.2, Site Plan Review Development Permit. The application need not include the information in Sec. 47-24.1.F.10. If the department finds that the requirements provided in this section have been met, the application for extension may be granted for a period of time necessary to resume the use as determined by the department based on the information provided by the applicant, but in no case for a period exceeding two (2) years subject to such conditions necessary to ensure that the use is resumed. If the department finds that the criteria have not been met, then the application for continuation shall be denied and the termination of the legal nonconforming status is confirmed.

e.

The order granting the application for continuation of legal nonconforming status shall require the applicant to resume a nonconforming use as permitted by this section within the time provided in the order. If a nonconforming use is not resumed within the time provided in the order, the applicant must submit another application for another continuation prior to the expiration of the time limitation. The application shall be reviewed and an approval considered based on the same criteria as applied to the first application. If an application is not filed before the expiration of the time limitation, then the nonconforming status shall terminate. A property owner must continue to file applications and receive extensions of nonconforming status until such time as a nonconforming use of the property is resumed or the nonconforming status shall terminate. Use of the property shall be resumed when the conditions evidencing the discontinuance of the nonconforming operations associated with the use no longer exist.

f.

Commission request for review. The order granting an extension of nonconforming status shall not take effect nor shall a building permit be issued any sooner than thirty (30) days after approval and then only if no motion is adopted by the city commission seeking to review the application or no appeal is filed by the applicant as provided in Section 47-26B, Appeals.

g.

Appeal. A denial of an application for extension of nonconforming status may be appealed by the property owner to the planning and zoning board in accordance with Section 47-26B, Appeals.

3.

There is a change in use which is not approved in accordance with Sec. 47-3.5.

(Ord. No. C-97-19, § 1(47-3.7), 6-18-97)

A.

A nonconforming structure which has lost its legal nonconforming status may be permitted for a proposed use subject to the following:

1.

The nonconformity is due to yard or height only.

2.

The proposed use of the nonconforming structure is permitted in accordance with all applicable provisions of the ULDR.

3.

The proposed use complies with the development requirements relating to improvements located outside of the principal structure. Such development requirements shall include but are not limited to parking, landscaping, signs, ingress and egress, alterations in the structure which do not effect load bearing walls, columns or girders, and other improvements related to making the existing structure and its use compatible in accordance with the neighborhood compatibility requirements as provided in Sec. 47-25.3. The requirements may also include restrictions on operation of the use. A proposed reuse of a nonconforming structure shall be reviewed in accordance with the procedures for site plan level I review as provided in Sec. 47-24.2. If any adverse impacts due to the nonconformity of the height or yard can be mitigated by such conditions without moving or altering load bearing walls, columns or girders, then the reuse will be permitted. If a determination is made that the adverse impacts due to height or yard cannot be mitigated, the reuse will not be permitted.

4.

Effective date of approval. The approval of a reuse of a nonconforming structure application by the department shall not take effect nor shall a building permit be issued any sooner than thirty (30) days after approval and then only if no motion is adopted by the city commission seeking to review the application or no appeal is filed by the applicant as provided in Section 47-26B, Appeals.

5.

Appeal. An applicant may appeal a denial of a reuse of a nonconforming structure application to the planning and zoning board in accordance with Section 47-26B, Appeals.

(Ord. No. C-97-19, § 1(47-3.8), 6-18-97)

The lawful use of an existing building, structure, land or a proposed building, structure or use of land which has received city approval through a building permit or other development permit as provided in the ULDR that precedes the issuance of a building permit, may continue although such use or proposed use does not conform to the provisions of the ULDR when the nonconformity is the result of a taking or acquisition of property by a governmental authority or other entity with eminent domain powers. An expansion of or addition to such proposed or existing use is permitted in accordance with the provisions of this section. If such nonconforming building, structure or use of land is removed or the nonconforming use of such building, structure or land is discontinued for a continuous period of one hundred and eighty (180) days, the provisions of Sec. 47-3.8 shall apply.

(Ord. No. C-97-19, § 1(47-3.9), 6-18-97)

A.

If there is more than one (1) use or structure on a development site which shares a common parking area which is legally nonconforming and one (1) or more of the uses or structure either:

1.

Change to a use which requires it to meet the ULDR as provided in Sec. 47-3.5; or

2.

Loses its nonconforming status as provided in Sec. 47-3.8; or

3.

The parking for any new use or structure is required to meet the ULDR;

then only that portion of the common parking area attributable to such use or structure which has lost nonconforming status shall be required to meet the ULDR.

B.

If different uses are located in one (1) attached structure then removal, damage or destruction as described in Sec. 47-3.6.B will apply to the entire structure. If uses are located in different structures on one development site, removal, damage or destruction as described in Sec. 47-3.6.B will apply only to the detached structure which has been changed, destroyed or removed.

(Ord. No. C-97-19, § 1(47-3.10), 6-18-97)

A.

Within the airport hazard area, heliport hazard area, GAA and AIP, if the city determines that a nonconforming obstruction has been abandoned or is more than fifty (50) percent torn down, destroyed, or deteriorated, a permit may not be granted if it would allow the obstruction to exceed the applicable height limit or otherwise deviate from the airport protection zoning regulations. Whether or not an application is made for a permit under this subsection, the owner of the nonconforming obstruction may be required, at his or her own expense, to lower, remove, reconstruct, alter, or equip such obstruction as may be necessary to conform to the current airport protection zoning regulations. Written notice will be provided by the city to the property owner(s) to remove the nonconforming obstruction. If the owner of the nonconforming obstruction neglects or refuses to comply with such requirement within ten (10) days after notice is sent by the city to the property owner(s), the city may proceed to have the obstruction lowered, removed, reconstructed, altered, or equipped and assess the cost and expense thereof upon the owner of the obstruction or the land whereon it is or was located.

(Ord. No. C-21-06, § 2, 3-2-21)