It is the intent of this article to establish regulations and limitations on the continued existence of uses, lots and structures legally established prior to the effective date of this Code that do not conform to the provisions of this Code. Many such nonconformities may continue but the provisions of this article are designed to curtail substantial investment in nonconformities and to bring about their eventual elimination, where appropriate, to preserve the integrity of this Code.

13.2.1

SITE PLAN APPROVAL BINDING

Nothing in this Code shall be deemed to require a change in the plans, construction or designated use of any building for which a site plan was approved prior to the effective date of adoption or amendment of this Code and upon which actual building construction has been diligently carried on with a valid building permit. Actual construction shall include the placing of construction materials in permanent position and fastened in a permanent manner. Where demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such demolition or removal shall be deemed to be actual construction.

13.2.2

PUBLIC TAKINGS

If, as the result of a lawful public taking, a lot, use or structure violates any provision of this Code, such lot, use or structure shall be deemed to be nonconforming and shall be treated in exactly the same manner as if the nonconformity had existed on the effective date of this Code.

13.2.3

CALCULATION OF COSTS

Maintenance costs, repair costs and replacement costs shall be determined by the same method as for the purpose of issuing a building permit. Such method shall be based on factual sources set forth in tables or the formulas approved from time to time by resolution of the City Commission.

13.2.4

CHANGE OF TENANCY, OWNERSHIP OR MANAGEMENT

There may be a change of tenancy, ownership, or management of any existing nonconforming uses of land, of structures, or of structures and land in combination.

13.3.1

APPLICABILITY

This section shall apply to any nonconformance with requirements or limitations pertaining to the use of land or structures as set forth in Article 2 and pertaining to the use standards set forth in Article 5.

13.3.2

STANDARDS

13.3.2.1

Authority to Continue

Any lawfully existing nonconforming use may be continued so long as it remains otherwise lawful, subject to the provisions of this section.

13.3.2.2

Increase, Expansion or Intensification of Nonconforming Uses Prohibited

No increase, expansion or intensification of a nonconforming use shall be permitted except in accordance with Sub-Section 13.3.2.3.

13.3.2.3

Structures Associated with Nonconforming Uses

a.

Structure alterations that do not increase, expand or intensify a use nonconformity and that increase conformance with site development standards or reduce the negative impact of the nonconforming use, shall be permitted if such alterations are otherwise lawful.

b.

Structures that are utilized by nonconforming uses may be maintained and repaired, provided that maintenance and repair does not increase, expand or intensify the nonconforming use, and provided further that the cost of maintenance and repair subject to any one permit does not exceed 25 percent of the replacement cost of the subject structure within any 12-month period. No limit is placed on the aggregate number of permits that may be issued during the life of a nonconforming use under this section, but permits shall only be issued as frequently as necessary to allow such maintenance and repair as required to protect the public health, safety and welfare.

13.3.2.4

Change of Nonconforming Use

a.

Subject to conditional use approval, a nonconforming use may be changed to another nonconforming use if the new nonconforming use reduces the extent, intensity or degree of use nonconformity that previously existed. If the new nonconforming use is established, the previous nonconforming use shall not be reestablished.

b.

Nothing in this article shall prohibit any otherwise lawful action associated with the change of a nonconforming use to a conforming use. If a conforming use is established, the previous nonconforming use shall not be reestablished.

13.3.2.5

Termination of Nonconforming Use

a.

Whenever a structure utilized by a nonconforming use is destroyed, the use of such structure by that or any other nonconforming use shall terminate immediately and shall not thereafter be reestablished. For the purposes of this section, "destroyed" shall constitute damage or demolition by any means to such an extent that repair or replacement would exceed 50 percent of the replacement cost of all structures that are used for the nonconforming use.

b.

Any nonconforming use of land alone or land and minor structures in combination shall be terminated within three years of the effective date of this Code. For the purposes of this section, minor structures shall be structures with a replacement cost that does not exceed 10 percent of the market value of the land on which they are located. Market value shall be determined in the same manner used to determine the value of land condemned for lawful public taking.

13.3.2.6

Reestablishment of Nonconforming Use

A use nonconformity shall not be reestablished after it has ceased to operate for a period of 365 consecutive days. Time periods in which uses are discontinued due to impeded access resulting from government action shall not be considered in applying this restriction. For purposes of this Code, the presence of a mobile home as a nonconforming structure in a zoning district shall be considered a nonconforming use, subject to removal when its actual use or occupancy has ceased for a period of 365 consecutive days.

13.3.2.7

Subdivision Prohibited

Land that accommodates a use nonconformity shall not be subdivided.

13.3.2.8

Single-Family Dwelling Units in Non-Single-Family Districts

Notwithstanding Sub-Section 13.3.2.3, any single-family dwelling unit located in a non-single-family district other than an industrial district shall be permitted to be repaired, enlarged, altered or rebuilt, provided that the dwelling unit otherwise meets the minimum requirements of the least restrictive single-family sub-district allowed in the context in which the dwelling unit is located.

13.3.2.9

Conditional Use Nonconformity

Any use designated by this Code as a conditional use for which conditional use approval has not been granted in accordance with Section 2.4 shall be deemed a use nonconformity until a conditional use is approved.

13.3.2.10

City Purchase or Condemnation of Nonconforming Uses

The elimination of the nonconforming uses and structures is declared to be for a public purpose and for a public use. The City of Lakeland may acquire, by purchase, condemnation, or otherwise, private property or an interest in private property for the removal of nonconforming uses. The cost and expense, or a portion thereof, of acquiring the private property may be paid from general funds or assessed to a special district in accordance with the applicable statutory provisions relating to the creation and operation of special assessment districts for public improvements in the city. The City Commission may institute and prosecute proceedings for condemnation of nonconforming uses and structures under the power of eminent domain.

13.4.1

APPLICABILITY

This section shall apply to any nonconformance with requirements or limitations pertaining to lot arrangement, lot area, lot width or minimum street frontage as set forth in Sub-Section 9.8.4 and Tables 3.4-1 through 3.4-13.

(Ord. No. 5455, 07-21-14)

13.4.2

STANDARDS

13.4.2.1

Authority to Continue

Any lawfully existing nonconforming lot may be continued so long as it remains otherwise lawful, subject to the provisions of this section.

13.4.2.2

Nonconforming Lots

Lots and parcels created prior to July 18, 1950 that do not meet the minimum lot area, lot width and/or lot depth requirements of this Code, may be built upon without recourse to a variance, provided that all height, setback and other applicable dimensional requirements are met. Where conformance to the dimensional requirements would cause unnecessary hardship, the Zoning Board of Adjustment and Appeals may issue a variance to permit use of such lots.

13.4.2.3

Division of Lots Restricted

No lot or parcel shall be divided in such a way as to create a nonconforming lot or parcel or to increase the degree of nonconformance already in existence.

13.4.2.4

Nonconforming Lots and Parcels Created After July 18, 1950

a.

Nonconforming lots and parcels resulting from a lawful public taking may be built upon when the lot dimensions following the taking are within ten percent (10%) of the minimum dimensional requirements specified by the zoning district in which they are located.

b.

Nonconforming lots and parcels created after July 18, 1950 which are composed of a lot of record and a portion of another adjacent lot of record that are part of a platted and improved subdivision legally recorded prior to July 18, 1950 may be built upon in accordance with Sub-Section 13.4.2.2.

(Ord. No. 5899, Att. B, 10-18-21)

13.5.1

APPLICABILITY

This section shall apply to any nonconformance with requirements or limitations pertaining to structures.

13.5.2

STANDARDS

13.5.2.1

Authority to Continue

Any lawfully existing nonconforming structure may be continued so long as it remains otherwise lawful, subject to the provisions of this section.

13.5.2.2

Unsafe Structures

Any structure or portion thereof declared unsafe by the Building Official or Fire Official pursuant to the provisions of the building code or fire code may be restored to a safe condition, notwithstanding the provisions of Sub-Section 13.3.2.3.

13.5.2.3

Creation or Increase of Structure Nonconformities Prohibited

No structure shall be constructed, enlarged or altered in such a way as to create a new structure nonconformance or to increase an existing structure nonconformance.

13.5.2.4

Enlargement or Alteration of Nonconforming Structures

a.

When a structure exhibits one or more nonconformities, the structure may be enlarged or altered in any lawful way for any permitted use, provided that the enlargement or alteration does not create a new nonconformity.

b.

When a structure exhibits one or more nonconformities, the structure shall not be enlarged or altered so as to increase an existing nonconformity, except as follows:

Where 60 percent or more of the total length of a façade of an existing structure is nonconforming as to a particular minimum setback, the structure may be enlarged within the same required yard, not to exceed the actual setback of the existing facade, as illustrated in Figure 13.5-1.

13.5.2.5

Maintenance and Repair of Nonconforming Structures

Subject to Sub-Section 13.3.2.3, nonconforming structures may be maintained and repaired, provided that maintenance and repair do not increase or intensify the extent or size of the nonconformity.

13.5.2.6

Destroyed Nonconforming Structures

Whenever a nonconforming structure is destroyed, the nonconforming structure shall not be rebuilt except in conformance with all the requirements of this Code. For the purposes of this section, "destroyed" shall constitute damage by any means to such an extent that the cost of repair or replacement would exceed 50 percent of the replacement cost of the structure before it was destroyed. ;f1; Figure 13.5-1 Examples of Allowable Nonconforming Structure Enlargements