The purpose of this chapter is to regulate and limit the development and continued existence of uses, structures, and lawful lots established prior to the effective date of this Code which do not conform to the requirements of this Code. Many non-conformities may continue, but the provisions of this chapter are designed to curtail substantial investment in nonconformities and to bring about their eventual improvement or elimination in order to preserve the integrity of this Code and the character of the city. Any nonconforming use, structure, or lot which lawfully existed as of the effective date of this Code and which remains nonconforming, and any use, structure, or lot which has become nonconforming as a result of the adoption of this Code or any subsequent amendment to this Code may be continued or maintained only in accordance with the terms of this chapter.

A nonconforming use shall not be expanded or extended beyond the floor area or lot area that it occupied on the effective date of this Code or the effective date of any amendment to this Code rendering such use nonconforming.

If a nonconforming use has been discontinued for a period of 90 consecutive days, including any period of discontinuation before the effective date of this Code, such circumstances shall be presumed to be an abandonment of use or a discontinuation of use. Then, and in that event, the use shall not be renewed or re-established and any subsequent use of the lot or structure shall conform to the use regulations of the land use district in which it is located; provided, however, that the abandonment of use shall be rebuttable by clear and convincing evidence to the effect that the owner or previous occupant thereof has continually held the lot or structure out for occupancy or use by another for the nonconforming use, but for no other use, and the failure to continue the nonconforming use was primarily the result of market forces and not the omission of the owner or prior occupant.

In the event of hurricane or other disaster, the city manager or designee may, with the concurrence of the development review committee, extend the period of time by which abandonment is defined, either for the city as a whole or for a defined geographic area within the city, for a period of up to 18 months.

(Ord. No. 2010-04, § 4, 4-13-2010)

A nonconforming use may be changed to a permitted use or conditional use for the zoning district in which the property is located subject to the review and approval requirements of the appropriate zoning district and conditional uses regulations contained in this Code.

1205.1.

Ordinary repairs and maintenance may be made to a nonconforming structure. The community development department shall determine what constitutes "ordinary repairs and maintenance."

1205.2.

If a nonconforming structure is destroyed or damaged by a fire, flood, windstorm, or similar abnormal and identifiable event, and the cost of restoring the structure to its condition immediately prior to the event does not exceed 50 percent of the cost of replacing the entire structure, then the structure may be restored to its original nonconforming condition, provided that a building permit is secured and reconstruction is started within 180 days from the date of the damage, and such reconstruction is diligently prosecuted to completion without the expiration of building permits.

1205.3.

If a nonconforming structure is destroyed or damaged by a fire, flood, windstorm, or similar abnormal and identifiable event, and the cost of restoring the structure to its condition immediately prior to the event exceeds 50 percent of the cost of replacing the entire structure, then the structure shall not be restored unless the structure as restored, and the use thereof, will thereafter conform to all requirements of the zoning district in which it is located.

Except as provided in this section, a nonconforming structure shall not be enlarged in any manner or undergo any structural alteration unless to make it a conforming structure. Such alteration or enlargement may be permitted provided that:

(a)

The property owner or developer secures conditional use approval for the enlargement or addition in accordance with the procedures in section 503; or the structure is an existing legal nonconforming detached single-family or duplex home and the alteration or enlargement will meet the requirements of paragraphs (b) through (d);

(b)

In the case of a nonconforming setback, the enlargement or alteration follows the established line of the home and does not increase the extent of the existing non-conformity; no new non-conforming condition is created; or the enlargement or alteration itself conforms to the requirements of this Code;

(c)

The total structure as enlarged or altered does not exceed the maximum density or intensity limit for the applicable district; and

(d)

The use of the structure is conforming.

A nonconforming structure shall not be moved in whole or in part to any other location unless every portion of such structure and the use thereof is made to conform with all requirements for the district to which such structure is moved. The moving of the structure also shall comply with the requirements of applicable city regulations.

1208.1.

Use as permitted. Notwithstanding limitations imposed by other sections of this Code, any nonconforming lot of record which was in single and separate ownership on the date of adoption of this Code may be used as permitted by the district regulations for the district in which the lot is located. This section shall apply even though such lot of record fails to meet the requirements for width or area or both that are generally applicable to it, provided that all yards and other requirements not involving lot width or area shall conform to the regulations for the district in which the lot is located.

1208.2.

Subdivision of nonconforming lots. When two or more contiguous, vacant, nonconforming lots of record are in a single ownership, such lots shall be subdivided in such manner as will make them conforming. If this is impossible or impractical the city commission may grant such variance from this requirement in conformance with the requirements of this Code.