The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Nonconforming use means a lawful use of property that is considered nonconforming if its continued use varies from the requirements of articles I through VI of this chapter. A nonconforming use may continue on property subject to this article. A nonconforming use shall not be based on causal, temporary or illegal uses of property.

(Ord. No. 771, § 18, 1-26-1954; Code 1960, § 32-25(a); Ord. No. 96-59, § 1, 6-25-1996)

Cross reference— Definitions generally, § 1-2.

(a)

A nonconforming use may not be enlarged, intensified, increased or extended to occupy a greater area in any direction nor shall such use be replaced by another use not specifically permitted in the zoning district concerned. Land that has a nonconforming use may neither be subdivided nor improved with a structure or building.

(b)

Notwithstanding the limitations in subsection (a) of this section, a variance may be granted for an enlarged, intensified, increased or an extended nonconforming use if it is determined that such use is more compatible with the surrounding properties and area than at the time when the use became nonconforming and if it does not adversely affect or impact the public interest. Compliance with the current requirements of the city fire prevention code and building code is mandatory for such approved uses.

(Ord. No. 771, § 18, 1-26-1954; Code 1960, § 32-25(b)(1); Ord. No. 96-59, § 1, 6-25-1996)

Under this chapter, nonconforming uses that are discontinued for more than 90 consecutive days or for 180 days within a one-year period shall terminate and no longer exist.

(Ord. No. 771, § 18, 1-26-1954; Code 1960, § 32-25(b)(2); Ord. No. 96-59, § 1, 6-25-1996)

Under this chapter, nonconforming uses may be terminated by a five-sevenths vote of the city council by ordinance if the continuation of the nonconforming use adversely affects the health, safety and welfare of the city; provided, however, that due consideration is given to the rights of the property owner in providing a reasonable time for compliance with current regulations.

(Ord. No. 771, § 18, 1-26-1954; Code 1960, § 32-25(b)(3); Ord. No. 96-59, § 1, 6-25-1996)

(a)

Individual platted lots. Except as provided in subsection 98-348(a), if an individual lot has been legally subdivided pursuant to a plat recorded in the public records of Miami-Dade County prior to the adoption of the ordinance from which this chapter derives, as amended, the individual lot, if lawful at the time of recording, becomes a nonconforming use if it varies from the requirements of this chapter, as amended; provided, however, that the lot owner does not own a lot abutting the individual lot. If the lot owner owns an abutting lot, the requirements of this chapter, as amended, must be satisfied.

(b)

Two or more platted lots or parts thereof. Except as provided in subsection 98-348(a), a nonconforming use will not be allowed if two or more contiguous lots or portions of lots with continuous frontage are owned by the same person. The property owner must comply with the current requirements of this chapter, as amended.

(Ord. No. 771, § 18, 1-26-1954; Code 1960, § 32-25(c); Ord. No. 96-59, § 1, 6-25-1996; Ord. No. 99-71, § 2(32-25), 5-25-1999)

(a)

Restoration or replacement permitted. If a building or structure contains a nonconforming use, removal or destruction of the building or structure terminates the nonconformity. Destruction shall mean damage to an extent that repair or renovation would amount to 50 percent or more, or 25 percent or more if damage is structural, of the value of the building or structure as determined by the building official according to the standards set forth in the South Florida Building Code, as amended. Where damage is less than 50 percent or less than 25 percent if damage is structural of the value determination, the building or structure may be restored or renovated to the same or lesser size in the same location; provided, however, that restoration commences within six months of date of damage and is diligently completed.

(b)

Individual platted lots. For individual platted lots, the same regulations shall apply as provided for undeveloped or vacant subdivided land in section 98-380.

(c)

Two or more platted lots or parts thereof. For two or more platted lots or parts thereof, the same regulations shall apply as provided for undeveloped or vacant subdivided land in section 98-380.

(Ord. No. 771, § 18, 1-26-1954; Code 1960, § 32-25(d); Ord. No. 96-59, § 1, 6-25-1996)

In circumstances where a property owner receives proceeds as a result of a final judgment in eminent domain proceedings initiated by a governmental entity or government agency or receives monetary funds as part of a settlement in lieu of, in anticipation of, or as a result of eminent domain proceedings to cure a nonconformity created by the taking or acquisition of property by the governmental entity or agency, the property owner must use the proceeds or funds to cure the nonconformity on the affected property within 18 months of receipt of such proceeds or funds. The property owner shall obtain a building permit within six months of receipt of proceeds or funds to commence construction in effecting the cure. The duty to cure shall extend to successors in interest if the property owner sells, assigns, transfers or otherwise disposes of the property prior to curing the property.

(Ord. No. 2006-21, § 1, 4-11-2006)