Within Highlands County there exists lots, structures and uses of land which were lawful before the resolution from which this Code is derived was passed or amended, but which would be prohibited under the terms of this Code or future amendment. It is the intent of this Code to permit these non-conformities to continue until they are removed, but not to encourage their survival. Such uses are declared by this Code to be incompatible with permitted uses in the districts involved. It is further the intent of this Code that non conformities shall not be enlarged upon, expanded or extended, or used as justification for adding other structures or uses prohibited elsewhere in the same district.

(Ord. No. 05-06-05; Ord. No. 16-17-17, § 166)

To avoid undue hardship nothing in this Code shall be deemed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun prior to January 1, 1971, and upon which actual building construction has been diligently carried on as evidenced by the placing of construction materials in permanent position and fastened in a permanent manner and demolition, elimination and removal of an existing structure in preparation for or in connection with such construction.

(Ord. No. 05-06-05)

A.

In any district in which dwellings are permitted, notwithstanding limitations imposed by other provisions of this Code, residential dwellings and customary accessory buildings may be erected on any single lot of record previously recorded as of January 1, 1971. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district, provided that yard dimensions and other requirements not involving area or width, or both, of the lot, shall conform to the regulations for the district in which such lot is located.

B.

No parcel of land of less than the required minimum width, street frontage and area requirements for the district in which it is located may be subdivided from a larger parcel of land for the purpose of building or development as a separate lot.

1.

After a permitted two-family dwelling or a multi-family dwelling has been constructed, the lot may be divided to allow separate ownership of the part of the lot with the dwelling unit located thereon, provided that the combined lot frontage and square footage equals the same lot frontage and square footage as the original lot of record.

C.

A building permit for a dwelling shall not be issued unless the lot abuts at least 30 feet on a street, and only one single-family dwelling may be constructed on such frontage.

D.

To the extent development shall not be inconsistent with the Highlands County Comprehensive Plan, in the B-1, B-2, B-3, I-1 and I-2 zoning districts, notwithstanding limitations imposed by other provisions of this chapter, structures may be erected on any single lot of record previously recorded as of October 17, 1989, which fails to meet the requirements for area or width, or both, that are generally applicable after that date in the district, provided that yard dimensions and all other requirements not involving area or width, or both, of the lot, shall conform to the regulations applicable to the district in which such lot is located.

E.

Any legal lot of record which has been altered due to right-of-way (ROW) dedication to an official government entity, and no longer meets the minimum requirements of the zoning district in which it is located, such as minimum area, width, or street frontage, shall be considered a legal nonconforming lot, so long as the lot is not altered or subdivided further. The location of any structure on such lot which no longer meets the minimum yard requirements due to said ROW dedication shall be considered grandfathered until such time the structure must be replaced, or repaired or altered to an extent of more than 50 percent of its replacement cost at the time of damage or destruction.

(Ord. No. 05-06-05; Ord. No. 16-17-17, § 167; Ord. No. 19-20-09, § 88)

Where, as of January 1, 1971, lawful use of land exists that is no longer permissible under the terms of this Code as enacted or amended, and nonconforming uses created by the consistency rezones of the Highlands County Comprehensive Land Use Plan, adopted January 16, 1991, such use may be continued, so long it remains otherwise lawful, subject to the following provisions:

A.

No such nonconforming use shall be enlarged or increased nor extended to occupy a greater area of land than was occupied on such date, unless approved through a conditional use exception by the board of adjustment.

B.

No such nonconforming use shall be moved in whole or in part or extended to include any other portion of the lot or parcel occupied by such use as of such date, except to reduce a nonconforming characteristic of such developed lot.

C.

Non-temporary accessory structures and uses incidental to the care and maintenance of nonconforming uses may be established or enlarged upon approval of a special exception by the board of adjustment. Temporary accessory structures and uses incidental to the care and maintenance of nonconforming uses may be established without a special exception. For the purpose of this subsection, "temporary" structures shall have no concrete floor or foundation, or any other similar type of material floor or foundation and shall be installed on skids and/or anchored directly to the ground pursuant to applicable Florida Building Code requirements.

D.

If any such nonconforming use of land ceases for any reason for a period of more than 60 consecutive days, except where such use has been suspended by act of God, any subsequent use of the land shall conform to the regulations specified by this Code for the district in which it is located, except for agricultural type and seasonal type uses. If use of land for such purposes ceases for two consecutive years, then all further use of such land shall be conforming.

E.

The nonconforming use of land which is accessory or incidental to the nonconforming use of a building or structure shall be discontinued on the same date the nonconforming use of the building or structure is discontinued.

(Ord. No. 05-06-05; Ord. No. 22-23-04, § 2)

Where a lawful structure exists as of January 1, 1971, or such other date that an amendment to this chapter caused the non-conformity, and said structure could not be built under the terms of this Code by reason of restrictions on area, lot coverage, height, yards or other characteristics of the structure or its location on the lot, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:

A.

No structure may be enlarged or altered in a way which increases its nonconformity.

B.

Should such structure be destroyed by any means to an extent of more than 50 percent of its replacement cost at the time of damage or destruction, it shall not be reconstructed except in conformity with the provisions of this Code. The use of any such reconstructed building shall thereafter conform to the provisions of this Code.

C.

Should any structure be moved for any reason from one lot or premises for any distance whatsoever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.

D.

A conditional use exception may be applied for in any zoning district to grant conforming status for a non-conforming structure. Upon approval of a conditional use exception, the structure shall be deemed conforming, subject to the special conditions set forth in the conditional use exception approval. For the purposes of this section, a conditional use exception shall be secured through the submission of an application in a form approved by Highlands County with a public hearing process and final decision by the zoning board of adjustment, following all notice requirements for a special exception application as set forth in this Code.

(Ord. No. 05-06-05; Ord. No. 19-20-09, § 89; Ord. No. 22-23-04, § 2)

If a lawful use of a structure or of a structure and premises in combination, existed on August 18, 1970, that would not be allowed in the district under the terms of this Code, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:

A.

Any structure or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district in which such structure is located, and the nonconforming use may not thereafter be resumed.

B.

No existing structure devoted to a use not permitted by this Code in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered, except in changing the use of the structure to a use permitted in the district in which it is located, unless approved through a special exception by the board of adjustment.

C.

Any nonconforming use may be extended through any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of the resolution from which this Code is derived, but no such use shall be extended to occupy any land outside such building.

D.

Any nonconforming use of a structure or structure and premises in a non-residential district may be changed to another nonconforming use in such district provided that the zoning supervisor makes a written determination that the proposed use is more appropriate to the district than the existing nonconforming use. Any person aggrieved by the decision of the zoning supervisor may file an appeal with the BOA within ten calendar days of the zoning supervisor's decision.

E.

When a nonconforming use of a structure or structure and premises in combination is discontinued or abandoned for at least six consecutive months, the structure or structure and premises in combination shall not thereafter be used except in conformity with the regulations of the district in which it is located, except for seasonal types of uses. If use of a nonconforming seasonal type structure cease for two consecutive years, then all further use shall be conforming.

F.

There may be change in tenancy, ownership or management of a nonconforming use, provided there is no change in the nature or character of the nonconforming use, except as may be provided by this Code.

G.

In residential districts, any change of a nonconforming use in a conforming building shall be only to a conforming use.

(Ord. No. 05-06-05; Ord. No. 16-17-17, § 168; Ord. No. 22-23-04, § 2)

A.

On any building devoted in whole or in part to any nonconforming use, repairs and maintenance may be done provided that the cubic content of the building as it existed as of January 1, 1971, shall not be increased.

B.

Nothing in this Code shall be deemed to prevent repairs required to restore to a safe condition any building or part thereof declared to be unsafe by the housing official and/or building official.

(Ord. No. 05-06-05)

Nothing in this Code shall be deemed an authorization for continuation of a use of a structure, or a structure and premises in violation of any other resolution of the county in effect on January 1, 1971, or on the date of an amendment of this Code. Casual, temporary or illegal use of a structure, land or structure and land shall not be sufficient to establish the existence of a nonconforming use or to create rights in the continuance of such use.

(Ord. No. 05-06-05)

Editor's note— Ord. No. 22-23-04, § 2, adopted October 18, 2022, repealed § 12.06.108, which pertained to uses under exception provisions not nonconforming uses and derived from Ord. No. 05-06-05.

Unless otherwise expressly provided, lots, structures and uses of land and structures which were lawful before any amendment to this Code which are prohibited by or otherwise made nonconforming by reason of that amendment may continue, until they are removed, according to the provisions of this article substituting for the date January 1, 1971, the date of adoption of the ordinance adopting that amendment.

(Ord. No. 05-06-05)

For existing structures that were constructed between January 2, 1971 and December 13, 2005, that meet all requirements of this Code except for the minimum yard requirements or setbacks of the zoning district in which the structure is located, such structure may be continued to remain as otherwise lawful, subject to the following provisions:

A.

No structure may be enlarged or altered in a way which increases its nonconformity.

B.

Should such structure be destroyed by any means to an extent of more than 50 percent of its replacement cost at the time of damage or destruction, it shall not be reconstructed except in conformity with the provisions of this Code. The use of any such reconstructed building shall thereafter conform to the provisions of this Code.

C.

Should any structure be moved for any reason on one lot or parcel for any distance whatsoever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.

(Ord. No. 16-17-17, § 169; Ord. No. 19-20-09, § 90)