7.17.01 Intent:

A.

Within the districts established by this Article, or amendments that may later be adopted, there exist:

1.

Lots;

2.

Uses of land;

3.

Structures; and

4.

Characteristics of use, which were lawful before this Code was passed or amended, but which would be prohibited, regulated or restricted under the terms of this Code or future amendment. It is the intent of this Code to permit these non-conformities to continue until they are removed, but not to encourage their survival. It is further the intent of this Code that non-conformities shall not be enlarged upon, expanded or extended, or be used as grounds for adding other structures or uses prohibited elsewhere in the same district.

B.

Non-conforming uses are declared by this Code to be incompatible with permitted uses in the districts involved. A non-conforming use of structure and land in combination shall not be extended or enlarged after passage of this Code, or by the addition of other uses, of a nature which would be prohibited generally in the district involved.

7.17.02 Lots:

A.

In any district in which single-family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on any single lot of record in a recorded subdivision or a lot in an unrecorded plat which was the subject of a Contract to Purchase or Article of Agreement executed prior to February 1, 1991, not withstanding limitations imposed by other provisions of this section. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district. Variance of yard requirements shall be obtained only through action of the City Council.

B.

Refer to the Mary Esther Code of Ordinances for requirements for subdivisions and exceptions.

7.17.03 Uses of land (or land with minor structures only): Where at the time of passage of this Code, lawful uses of land exist which would not be permitted by the regulations imposed by this Code, and where such use involves no individual structure with a replacement cost exceeding $1,000.00 the use may be continued so long as it remains otherwise lawful, provided:

A.

No such non-conforming use shall be enlarged or increased nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this Code.

B.

No such non-conforming use shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such use at the effective date of adoption or amendment of this Code.

C.

If any such non-conforming use of land ceases for any reason for a period of more than 6 months, any subsequent use of such land shall conform to the regulations specified by this Code for the district in which such land is located.

D.

No additional structure not conforming to the requirements of this Code shall be erected in connection with such non-conforming use of land.

7.17.04 Structures and Lots: Where a lawful structure exists at the effective date of adoption or amendment of this Code that could not be built under the terms of this Code by reason of restrictions of area, lot coverage, height, yards, its location on the lot, or other requirements concerning the structure, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:

A.

No such non-conforming structure may be enlarged or altered in a way which increases its non-conformity, but any structure or portion thereof may be altered to decrease its non-conformity.

B.

Should such non-conforming structure or non-conforming portion of structure be destroyed by any means to an extent of more than 75 percent of its replacement cost at time of destruction, it shall not be reconstructed except in the exact dimensions as it existed on the date of its destruction with due diligence, provided, however, if and when the principal place of residence of a citizen of the City is destroyed by accidental fire, hurricane, tornado or other act of God, said home owner may rebuild said residence to original type and size of structure; or said home owner or mobile home owner may rebuild or replace with a superior type of material; provided the new construction conforms to dimensions previously existing.

C.

Should such structure be moved for any reason to any district whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.

D.

No such nonconforming lot may be enlarged or altered in a way which increases its nonconformity, but any lot or portion thereof may be altered to decrease its nonconformity.

7.17.05 Uses of land involving mobile homes: Where, at the time of passage of this Code, lawful use of land existed which would not be permitted by the regulations imposed by this Code and where such use involves mobile homes, the use may be continued so long as it remains otherwise lawful, provided:

A.

No additional mobile homes shall be located on any parcel in excess of the number of trailer sites, consisting of the appropriate slabs and utility connections which were in existence at the effective date of adoption or amendment of this Code.

B.

If any individual mobile homes located on any individually owned parcel or lot of record shall be moved for more than a period of six (6) months, any subsequent use of such land shall conform to the regulations specified by this Code for the district in which such land is located.

C.

These regulations are not intended to prohibit the continued operation of existing trailer parks as of the effective date of adoption or amendment of this Code and such trailer parks are expressly permitted to continue operation in the manner conducted prior to the effective date of adoption or amendment of this Code.

D.

If any individual mobile home located on any parcel of property on the effective date of adoption of this Code shall be bound by a fence or other boundary mutually agreed to by the adjoining land owners or occupants, and provide said lots abut a county street or public right-of-way said lots may be sold or otherwise conveyed by metes and bounds, description and such use continued so long as not abandoned.

7.17.06 Uses of structures and premises in combination: If lawful use involving individual structures with a replacement cost of $1,000.00 or more, or of structures and premises in combination, exists at the effective date of adoption or amendment of this Code, that would not be allowed in the district under the terms of this Code, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:

A.

No existing structure devoted to a use not permitted by this Code in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing the use of the structure to use permitted in the district in which it is located.

B.

Any non-conforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of this Code, but no such use shall be extended to occupy any land outside such building.

C.

If no structural alterations are made, any non-conforming use of a structure or structure and premises, may as a special exception be changed to another non-conforming use provided that the City Council either by general rule or by making findings in the specific case, shall find that the proposed use is equally appropriate or more appropriate to the district than the existing non-conforming use. In permitting such change, the City Council may require appropriate conditions and safeguards in accordance with the provisions of this Code.

D.

When a non-conforming use of a structure, or structure and premises in combination is discontinued or abandoned for six consecutive months (except when government action impeded access to the premises), the structure or structure and premises in combination, shall not thereafter be used except in conformity with the regulations of the district in which it is located.

E.

Where non-conforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the non-conforming status of the land. Destruction for the purpose of this sub-section is defined as damage to an extent of more than 75 percent of the replacement cost at the time of destruction.

7.17.07 Repairs and Maintenance:

A.

On a non-conforming structure or portion of a structure containing a non-conforming use, work may be done in any period of 12 consecutive months on ordinary repairs, or on repair or replacement of non-bearing walls, fixtures, wiring or plumbing, to an extent not exceeding 25 percent of the current replacement cost of the non-conforming structure or non-conforming portion of the structure as the case may be, provided that the cubic content existing when it became non-conforming shall not be increased.

B.

If a non-conforming structure or portion of a structure containing a non-conforming use becomes physically unsafe or unlawful due to lack of repairs and maintenance, and is declared by any duly authorized official to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired or rebuilt except in conformity with the regulations of the district in which it is located.

C.

Nothing in this Code shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official.

7.17.08 Approved Conditional Uses not Non-Conforming Uses: Any use which is permitted as a conditional use in a district under the terms of this Code (other than a change through City Council action from a non-conforming use to another use not generally permitted in the district) shall not be deemed a non-conforming use in such district, but shall without further action be considered a conforming use.