The regulations of this article govern uses, density, intensity, structures, lots, signs and other situations that came into existence legally but that do not conform to one (1) or more requirements of the LDRs. These are referred to in the LDRs as "nonconformities."

In order to encourage development consistent with the LDRs and provide owners with reasonable use of their land, it is the general policy of the City to allow uses, structures, signs, lots and other situations that came into existence legally, in conformance with then applicable requirements, to continue to exist and be put to productive use, but to bring as many aspects of such situations into compliance with existing regulations as is reasonably possible in a manner consistent with the Comprehensive Plan.

The regulations of this article are intended to:

1. Recognize the interests of owners in continuing to use their property;
2. Promote reuse and rehabilitation of existing buildings; and
3. Prohibit the expansion and alteration of nonconformities that have the potential to adversely affect surrounding properties or the community as a whole.

Any legal nonconformity that existed on the effective date of this Ordinance, or that becomes nonconforming upon the adoption of any amendment to the LDRs, may be continued in accordance with the provisions of this article.

The burden of proving that a nonconformity exists rests with the subject owner.

1. Incidental repairs and normal maintenance necessary to keep a nonconforming structure in sound condition are permitted unless such repairs are otherwise expressly prohibited by the LDRs.
2. Nothing in this article will be construed to prevent structures from being structurally strengthened or restored to a safe condition, in accordance with an official order of a public official.

Nonconformity status runs with the land and is not affected by changes of tenancy, ownership, or management.

A use permitted by temporary use permit, or a use permitted by conditional use under previous zoning regulations; and which is a permitted use under the current LDRs shall be allowed to continue, extend, enlarge, expand, rebuild, or repair consistent with the requirements of the current LDRs.

Nonconforming structures may remain, subject to the regulations of this Section.

1. Structural Alterations.
   1. Structural alterations are permitted if the structural alteration does not increase the extent of nonconformity.
   2. An existing lawful nonconforming mobile home may be repaired, rebuilt, or replaced only in accordance with the following requirements:
      1. The repaired, rebuilt, or replaced mobile home meets the requirements and limitations in Chapter 104 "Use Regulations" and shall comply with the elevation and anchoring requirements of Article 12, "Floodplain Management" of Chapter 107; and
      2. The Director determines that:
         1. The replacement mobile home is newer than the unit being replaced;
         2. The replacement mobile home is not any larger than the unit being replaced, unless such size is not commercially available;
         3. The condition of the replacement mobile home is better than the condition of the unit being replaced; and
         4. The replacement of the mobile home is compatible with surrounding residential development and does not increase the extent of the existing nonconformity.
   3. When a structure is nonconforming because it encroaches into a required setback, this provision will be interpreted as allowing other portions of the structure to be expanded as long as there is no further encroachment into a required setback.
   4. Structural alterations shall be permitted if the cost of the structural alteration does not exceed 50 percent of the market value of the structure.
   5. Nonconforming structures lawfully existing within the shoreline setback along man-made canals, channels, or basins, or serving three (3) or fewer dwelling units on any shoreline, maybe rebuilt in the same footprint provided that there will be no adverse impacts on surface water runoff or navigation.
2. Moving. A nonconforming structure may be moved in whole or in part to another location on the subject parcel only if the movement or relocation decreases or eliminates the nonconformity.
3. Restoration of Damaged Buildings. A nonconforming building which is damaged or partially destroyed by fire, flood, wind, or other calamity or act of God or the public enemy, may be restored and the occupancy or use of such building, structure or part thereof which existed at the time of such destruction may be continued or resumed, provided that such restoration is started within a period of one (1) year of destruction and is diligently prosecuted to completion.

The use of any building, structure or land that becomes nonconforming because of the LDRs or subsequent amendments shall comply with the LDRs or be approved by the Director as a continuing nonconforming use. The nonconforming uses in the zoning district or the adopted land use designation shall not be changed to another nonconforming use.

1. Notification. The Department will provide individual notice by mail to all landowners of record according to the most recent listing of the Property Appraiser of Monroe County of the effective date of the LDRs or any amendment and the requirement to register nonconforming uses.
2. Time Limit to Register. All claims of nonconforming uses shall be registered with the Department within one (1) year of the service of notice. Failure to register a claim of nonconforming use within the required time period shall constitute a waiver of the right to claim nonconforming use.
3. Approval Criteria. Evaluation shall be on a case-by-case basis; and shall be based upon the lawful nature of the use when originally established. Such determinations shall be subject to appeal as provided in Article 17 "Appeals", Chapter 102.
4. Burden of Proof. The burden of demonstrating compliance with these requirements shall rest with the applicant. In permitting such change, appropriate conditions and safeguards in accordance with the intent and purpose of these regulations may be imposed by the City Council.

Once a nonconforming use is abandoned, the use's nonconforming status is lost and any subsequent use of the property shall comply with the regulations of the zoning district in which it is located. A nonconforming use will be considered abandoned when any of the following occurs:

1. The intent of the owner to discontinue the use is apparent, e.g., written declaration of the owner;
2. The use has been discontinued for a period of 18 months or more;
3. A demolition permit has been applied for;
4. The characteristic equipment and furnishings associated with the nonconforming use have been removed from the premises and have not been replaced by similar equipment within 90 days, unless other facts show intention to resume the nonconforming use;
5. The nonconforming use has been replaced by a conforming use; or
6. A building permit to reconstruct a damaged structure containing a nonconforming use has not been secured within 18 months of the date of occurrence of such damage or construction has not been diligently pursued.

1. A use accessory to a principal nonconforming use or structure may not be continued after the principal use or structure has been abandoned.
2. All nonconforming structures lawfully existing within the rear yard setback may be rebuilt in the same footprint, providing that there will be no adverse impacts on stormwater runoff.

1. Protection of Residential Density. All lawfully established residential dwelling units in existence in 1996 or thereafter shall be entitled to a density of one (1) dwelling unit and may be maintained or modified and shall be allowed to be rebuilt, subject to all other provisions of the Land Development Regulations.
   1. This subsection does not apply to duplex or multi-family unit structures. Such structures, if rebuilt, shall be subject to all provisions of the LDRs, including density provisions. Lawfully established units in excess of allowed densities provided in Table 103.15.2 shall be eligible for transfer of building rights pursuant to Chapter 107, Article 2.
2. Protection of Nonresidential Intensity. All lawfully established nonresidential intensities in existence on or before 1996, shall be entitled to existing intensities, subject to the provision of the Future Land Use Element of the Plan.

1. Dwellings on Nonconforming Lots. A building permit may be issued for a single-family dwelling or a Florida Building Code compliant mobile home on any legally created lot within a recorded plat for a lot zoned Residential High (RH), Residential Medium (RM), or Residential Mobile Home (R-MH) that is rendered nonconforming for allowed maximum densities by the adoption of these LDRs, provided that such use is permitted otherwise under the Plan and the LDRs and complies with each and every other requirement of the Plan and LDRs.
2. Development on Nonconforming Lots Due to Dedication of Street Right-of-Way. A development order may be administratively issued for development of a use not meeting the minimum area, setbacks or other standards of the zone, provided that the lot was made nonconforming through dedication of street right-of-way to the adjacent road system as requested by a governmental entity; all other requirements of the zoning district must be met unless a variance has been granted by the Council. A building permit for nonresidential development shall not be issued for any nonconforming lot unless the appropriate variances have been approved by the Council and it is a permitted use in the zoning district.

A nonconforming sexually oriented business shall have the right to continue only as the subcategory of sexually oriented business to which it has established its nonconforming status. These sub-categories are: sex shop; sexually oriented motion picture theater; sexually oriented media store; or sexually oriented cabaret. A retail store that has carried an inventory of sexually oriented products that equaled less than 40 percent of its total inventory and that occupied less than 40 percent of its retail floor area is simply a retail store, subject to the restrictions on retail stores under Chapter 104 "Use Regulations" and shall not have nonconforming status as a sexually oriented business.

1. Purpose and Intent. On the date of adoption of new standards for the location of sexually oriented businesses, there are sexually oriented businesses that already exist but that fail to conform to the location requirements imposed in the new standards. In each case, the nonconformity involves proximity to residential neighborhoods or other sensitive uses. To balance the interests of these established businesses with the interests of the affected neighborhoods and other sensitive uses, the City Council has determined that such uses should be allowed to continue to operate but should be subject to additional standards to mitigate the impacts of their proximity to these sensitive uses.
2. Standards. Any sexually oriented business that is a lawful nonconforming use because it is located in a zoning district that does not permit such use or because it does not conform to the separation requirements of Chapter 104 "Use Regulations" shall be subject to the following additional standards:
   1. Operating Hours. Each such business that offers on-premises entertainment (including live entertainment, motion pictures, videos, arcade booths, modeling or any other form of on-premises entertainment) shall be closed from 2:00 a.m. to 9:00 a.m. each day. This restriction on operating hours shall not apply to a nonconforming business that simply offers retail goods for sale or rental.

Motion picture arcade booths that were legally in existence on May 2, 2007, may continue at the same location, subject to the following requirements:

1. Continuous Requirements.
   1. Management shall post on each booth and enforce a requirement that only one (1) person is allowed in each booth at one (1) time;
   2. Management shall ensure that there are no openings in walls between booths and shall immediately patch with permanent opaque material any opening that is found;
   3. Floors, walls, seats and any other surfaces in arcade rooms shall be nonporous;
   4. Lighting in the hallways leading to the booths and in other parts of the establishment open to the public shall at all times be maintained at a no less than ten (10) footcandles at floor level; and
   5. There shall be no doors, curtains, shutters or other visual obstructions in the door or entrance to each booth.
2. Additional Requirement. Effective as of May 2, 2007, motion picture arcade booths shall be arranged or configured so that the interior of each booth is at all times clearly visible from a space of at least 500 square feet that is open to customers generally and from the cash register or other station in the establishment normally occupied by the manager or clerk on duty.

Existing developments that contain parking areas that are not in conformance with Article 6, Chapter 107, "Parking, Loading and Stacking" shall be required to bring such areas into compliance if a change in use occurs that requires more parking spaces than the existing use. Where a change in use is proposed for buildings classified by state or local jurisdictions as historical buildings, and the change in use will not increase parking beyond those of the existing use, the nonconforming parking will not be required to be brought into compliance as long as parking is provided to the extent that sufficient land is available on the site.

All lawful nonconforming signs shall be permitted to continue as nonconforming uses with the following limitations:

1. On-site Signs.
   1. Neither the overall size nor the sign area of a nonconforming sign may be increased, nor may the location be changed, nor may the ownership or the use of the property on which it is located be changed, unless the sign is made to conform to the current requirements of the LDRs.
   2. A sign, or at least any advertising message of a sign, now or hereafter existing, which no longer advertises a bona fide business conducted, or a product sold, on the premises shall be taken down and removed by the owner, agent or person having beneficial use of the building, structure or land upon which such sign shall be found, within 30 days after written notice by the Department.
2. Off-site Signs.
   1. A sign that is a lawful nonconforming off-site sign shall be removed or made to conform to the requirements of the LDRs within seven (7) years of receipt of notice to the property owner of record by the Department notifying said owner of the nonconforming sign.
   2. Whenever any revision or modification is made to a building or to site improvements, which revision or modification requires the submission of a site plan, or a revised site plan, all signs, sign structures, or advertising structures on the parcel of land in question shall be made to conform to the current requirements of the LDRs, or shall be removed.

Any existing outdoor storage area that become nonconforming because of the LDRs or subsequent amendments shall comply with the LDRs or be approved by the Director as a continuing nonconforming use. Within one (1) year of the effective date of the LDRs, all such properties shall be screened according to the provisions of Article 8, Chapter 107, "Landscaping" and the parcel shall be brought into compliance with the City of Marathon stormwater management criteria established in Article 11, Chapter 107.

1. Docks. If more than 50 percent of the structure of a nonconforming dock, including docks on vacant parcels, is damaged or destroyed or proposed for repair or replacement then the dock may be rebuilt in accordance with the requirements of this chapter. If the reconstruction of a nonconforming dock is unable to comply with all requirements of this chapter, then it shall adhere to these requirements to the maximum extent practicable.
2. Shoreline Stabilization Structures. Repairs or replacements of nonconforming vertical seawalls or bulkheads on open water are exempt from the nonsubstantial improvements limitation of nonconforming structures; however, repairs or replacements must maintain the existing footprint to the maximum extent practical and must be limited to the extent necessary to maintain the integrity of the upland. Such repairs or replacements on unaltered shorelines and open water shall be permitted only if riprap with filter cloth is not a feasible alternative.

Live-aboard vessels docked, moored, anchored, or otherwise located within the City on May 2, 2007, may remain in the City, subject to the following requirements:

1. Inventory. Such vessels are listed among the City's inventory of live-aboard vessels.
2. Pump-out Facilities. Prior to such time as being connected to an approved moorage sewage collection system, all live-aboard vessels shall contract with an approved pump-out contractor for appropriate sewage disposal.