(1)

A building in which a nonconforming use is conducted may be continued at the extent of occupancy of land and floor area and intensity of use at which it existed when it became nonconforming if:

(a)

It is kept in repair and provided no structural alterations are made that would enlarge the floor area of the building.

(b)

The building is altered, but not enlarged, only to another nonconforming use that in the opinion of the planning and zoning committee, will be more compatible with the neighborhood.

(c)

The building is reconstructed, but not enlarged in bulk or capacity, within six (6) months after damage from any cause to an extent not exceeding fifty (50) per cent of the estimated replacement cost of the building above the foundation at the time of the damage; but if damaged to a greater extent, the building shall not be reconstructed for the previous nonconforming use.

(2)

If a nonconforming use ceases for a period of one (1) year or more, it shall not thereafter be resumed, and the building in which such use was conducted shall thereafter be subject to all the regulations prescribed in this chapter for the district in which it is situated.

(1)

Damage reconstruction.

(a)

Less than fifty (50) per cent damage: A nonconforming building or structure may be reconstructed, but not enlarged in bulk or capacity, within six (6) months after damage from any cause, to an extent not exceeding fifty (50) per cent of the estimated replacement cost of the building above the foundation at the time of the damage.

(b)

More than fifty (50) per cent damage: A building with nonconforming setbacks may be reconstructed on its original footprint even if the damage has exceeded fifty (50) per cent of estimated replacement cost, provided all other provisions of this code are met.

(2)

Substantial damage. If a nonconforming building or structure incurs damage by any cause that is determined to be substantial damage, as set forth in article VIII, the requirements of the Florida Building Code shall prevail wherever there is a conflict with subsection (1) above.

(3)

Alteration. A nonconforming building or structure may be maintained, repaired, structurally altered or added on to provided such alteration or addition does not further or create a new nonconformance and is in compliance with this chapter and other city ordinances.

(Ord. No. 2018-456A, § 4, 1-10-19)

Any existing lot not in conformance with the district lot area or dimension requirements of article III may be built upon if it is platted, and in single and separate ownership from adjacent lots; also, all setback and pervious requirements shall be met.

Any alteration or redevelopment of an existing development that exceeds fifty (50) per cent of the existing assessed value shall entitle the city to use the site plan review process to achieve as much conformity to the environmental, landscaping, parking and sign article provisions as is reasonably possible.

Live-aboard boats tied up to docks in residential districts shall be considered a nonconforming use in accordance with section 101-190. See also article II, chapter 5 of the city code.