A.

Intent.

1.

Within the district established by this Code there exists buildings, structures, lots and uses which were lawful prior to the adoption of this Ordinance, but which would be prohibited, regulated or restricted by the provisions of this Code or any future amendment.

2.

It is the intent of this Code to permit these nonconforming buildings, structures, lots and uses to continue until they are removed, but not to encourage their continuation. Such nonconformities are declared by this Code to be incompatible with the permitted uses in the districts involved.

3.

Nothing in this Code shall be deemed to require a change in the plan, construction, design or designated use of any building, structure or lot upon which approval was obtained and construction begun prior to the passage of this Ordinance. In no event, however, shall the time of completion of the approved construction exceed one (1) year from the date of said approval unless the time limit is extended by action of the Board of Adjustment.

4.

The burden of establishing that any nonconformity is lawful as defined in this Code shall, in all cases, be upon the owner of such nonconformity and not upon the City of Inverness.

(Ord. No. 93-484, § 4, 11-2-93)

B.

Nonconforming Lots of Record.

1.

Notwithstanding limitations imposed by other provisions of this Code, in all residential districts, a single family dwelling and customary accessory buildings or structures may be erected on any lot of record which exists at the date of adoption of this Ordinance; provided, such lot does not have continuous frontage with other lots in the same ownership. This provision shall apply even though such lot fails to meet the requirement for area, width or depth of the district in which it is located. All regulations or requirements not involving area, width or depth shall be met.

2.

Two (2) or more lots, or any portions of the same, with contiguous frontage which are in single ownership on the date of adoption of this Ordinance and which do not meet all the requirements for lot area, lot width and lot depth as established by this Code shall be considered as a single, undivided parcel of land for the purpose of this Code. No portion of said lot shall be used or sold which does not meet all the requirements for lot area, lot width and lot depth for the district in which it is located nor shall any division or subdivision of the parcel be made that leaves remaining a lot or any portion thereof with the lot area, lot depth or lot width below the requirements established for the district in which it is located.

C.

Nonconforming Uses. The lawful use of any building, structure or land which exists at the date of adoption of this Ordinance, but which has been rendered nonconforming by this Code may be continued in the building or structure or on the lot so occupied provided:

1.

No nonconforming use shall be expanded or enlarged to occupy more area or space than said nonconforming use occupied on the date of adoption of this Ordinance.

2.

No new or additional use shall be added to any building, structure or parcel of land which contains or is occupied by a nonconforming use.

D.

Nonconforming Buildings and Structures.

1.

A building or structure which lawfully existed at the date of adoption of this Ordinance but which has been rendered nonconforming by this Code may be continued on the lot on which it exists. Such nonconforming building or structure shall not be expanded, enlarged, extended, reconstructed or moved unless such change would not increase the degree of nonconformity of the structure. For example, structures could be expanded on sides where setback requirements could be met.

2.

When a structure does not comply with all requirements of the district in which the property is located and the noncompliance was occasioned by the exercise of eminent domain such structure shall not be considered a nonconforming structure.

3.

In the event of partial destruction or damage, a nonconforming building or structure may be restored or rebuilt to its original state provided the cost of such restoration or rebuilding does not exceed fifty (50) percent of the current cost of total replacement.

(Ord. No. 93-484, § 5, 11-2-93)

E.

Nonconforming Freestanding Signs.

1.

A freestanding sign which lawfully existed at the date of adoption of this Ordinance will not be rendered nonconforming until a change of use has occurred on the land parcel containing the sign. Prior to a change of use, existing signs may be reconstructed as necessary, but shall not be expanded, enlarged, extended, or moved to a new location.

F.

Nonconforming Mobile Home Parks. A mobile home park which lawfully existed at the date of adoption of this Ordinance but which has been rendered nonconforming by this Code may continue and may expand on the lot on which it existed at the date of adoption of this Ordinance. No additional lands may be used for said expansion.

G.

Repair and Maintenance of Nonconforming Buildings and Structures. Ordinary repairs such as the repair or replacement of nonbearing walls, fixtures, wiring or plumbing may be done on a nonconforming building or structure provided that the cubic content, location or setbacks of the building or structure shall not be changed.

H.

Special Exception Uses. Any special exception use approved under the terms of this Code shall be deemed a nonconforming use, however no special exception use shall be enlarged, extended or expanded without application to and approval by the Zoning Board of Adjustment, in accordance with the provisions of Chapter 9.5 of the Code of Ordinances.

I.

Temporary Uses. The casual, intermittent, temporary or illegal use of any building, structure or land shall not be sufficient to establish the existence of a valid nonconforming use, nor shall such use be validated by the adoption of this Ordinance unless it complies with the terms of this Code.

J.

Abandonment. Once abandoned, the nonconforming use of any building, structure or land shall not be resumed. For the purpose of this section, abandonment shall mean the cessation of the nonconforming use for a continuous period of six (6) months or the conversion of a nonconforming use to a permitted use.

( Ord. No. 2023-799 , § 2(Exh. A), 3-21-23)