(a)   Within the districts established by this chapter, or amendments that may later be adopted, there exists lots, structures, uses of land and structures and characteristics of use which were lawful before this chapter was passed or amended, but which would be prohibited, regulated or restricted under the terms of this chapter or future amendments.

   (b)   It is the intent of this chapter to permit these nonconformities to continue until they are removed, but not to encourage their continuation. Such uses are declared by this chapter to be incompatible with permitted uses in the districts involved. It is further the intent of this chapter that nonconformities shall not be enlarged upon, expanded, or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district.

(`75 Code, Appendix A, Art. V, § 1) (Ord. passed 9-26-72; Am. Ord. 2017-05, adopted 12-20-17)

   (a)   In any district in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this chapter, a single-family dwelling and customary accessory buildings may be erected on any single platted lot that is of record on September 26, 1972, the original date of adoption of this provision. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. This provision shall apply even though such lot fails to meet the requirements for area, width, or depth, or any combination thereof, that are generally applicable in the district, provided that yard setbacks of the lot shall conform to the regulations for the district in which such lot is located.

   (b)   If two or more platted lots or combinations of platted lots with continuous frontage in single ownership are of record on September 26, 1972, at the time of original adoption of this provision, and if all or part of the lots do not meet the requirements for lot width, area, or depth or any combination thereof as established by this Land Development Code, the lands involved shall be considered to be an undivided parcel for the purposes of this Land Development Code, and no portion of the parcel shall be used or sold which does not meet lot width and area requirements established by this Land Development Code, nor shall any division of the parcel be made which leaves remaining any lot with width, area, or depth or any combination thereof below the requirements in this Land Development Code.

   (c)   In any district where non-residential buildings and uses are permitted, or permitted by special exception, said buildings and uses may be erected and conducted on a platted lot or lots that were of record on or before September 26, 1972, the original date of adoption of the town's zoning requirements now codified as Chapter 7A. This provision shall apply even though such lot or lots fail to meet the requirement for area, width, or depth, or any combination thereof, that are generally applicable to the district, provided that yard setbacks of the lot shall conform to the regulations for the district in which such lot is located.

(`75 Code, Appendix A, Art. V, § 3) (Ord. passed 9-26-72; Am. Ord. 85-7, passed 11-12-85; Am. Ord. 2010-02, adopted 3-17-10; Am. Ord. 2017-05, adopted 12-20-17)

   Where, at the original effective date of adoption of this Land Development Code, lawful use of land exists that is made no longer permissible under the terms of this Land Development Code as enacted, such use may be continued, so long as it remains otherwise lawful, subject to the following provisions:

   (1)   No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied on September 26, 1972, or on the effective date of an amendment to the Land Development Code making said use nonconforming; unless such use is changed to a use permitted in the district in which such use is located;

   (2)   No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use on September 26, 1972, or on the effective date of an amendment to the Land Development Code making said use nonconforming;

   (3)   If any such nonconforming use of land ceases for any reason for a period of more than 180 consecutive days, any subsequent use of such land shall conform to the regulations specified by the Land Development Code for the district in which such land is located; and

   (4)   No additional structure shall be erected in connection with or in support of such nonconforming use of land.

(`75 Code, Appendix A, Art. V, § 4) (Ord. passed 9-26-72; Am. Ord. 85-7, passed 11-12-85; Am. Ord. 2017-05, adopted 12-20-17)

   Where a lawful structure exists on September 26, 1972, or on the effective date of an amendment to the Land Development Code making said structure nonconforming, that could not be built under the terms of the Land Development Code by reason of restrictions on area, lot coverage, height, yards, or other characteristics of the structure or its location on the lot, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:

   (1)   No such structures may be enlarged or altered in any way which increases any existing nonconformity. This includes but is not limited to increasing the height, width, or length of any structure that does not meet the setback. Any enlargements or alterations must meet all zoning requirements such as setbacks, heights, and location.

   (2)   Any structure or portion thereof may be altered to decrease its nonconformity.

   (3)   Should such structure be destroyed by any means to an extent of more than 50% of the appraised value of the structure as determined by the Brevard County Property Appraiser at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this Land Development Code.

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

(`75 Code, Appendix A, Art. V, § 5) (Ord. passed 9-26-72; Am. Ord. 85-7, passed 11-12-85; Am. Ord. 87-02, passed 5-12-87; Am. Ord. 2017-05, adopted 12-20-17)

   (a)   If a lawful use involving individual structures, or of a structure and premises in combination, exists on September 26, 1972, or on the effective date of an amendment to the Land Development Code making said use nonconforming, that would not be allowed in the district under the terms of this Land Development Code, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:

      (1)   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 a use permitted in the district in which it is located.

      (2)   Any nonconforming use may be extended through any parts of a building which were manifestly arranged or designed for such use existing on September 26, 1972, or on the effective date of an amendment making same nonconforming, but no such use shall be extended to occupy any land outside such building.

      (3)   Any structure, or structure and land in use if superseded by a permitted use, shall thereafter conform to the regulations for the district in which such structure is located and the nonconforming use may not thereafter be resumed;

      (4)   When a nonconforming use of a structure, or structure and premises in combination, is discontinued or abandoned for six consecutive months or for 18 months during any three-year period (except when government action impedes access to the premises), the structure, or structure and premises in combination, shall not thereafter be used except in conformance with the regulations of the district in which it is located.

      (5)   Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land. Destruction for the purpose of this chapter is defined as damage to an extent of more than 50% of the appraised value of the structure as determined by the Brevard County Property Appraiser at time of destruction.

      (6)   Nonconformities not involving the use of a principal structure (for example, open storage, building supplies, vehicles, mobile homes, implement and machinery storage, junkyards, commercial animal yards, and the like), shall be discontinued within two years of the effective date of this Land Development Code.

      (7)   The casual, intermittent or temporary use of land or structures shall not be sufficient to establish the existence of a nonconforming use. Such use shall not be validated by the adoption of this Land Development Code, unless it complies with the terms of this Land Development Code.

   (b)   Drive-in, drive-up, or drive-through facility. The use of a structure and premises as a drive-in, drive-up, or drive-through use is specifically prohibited in the 6-B, 7-C, and 8-B zoning districts. As of January 1, 2013, two drive-in, drive-up, or drive-through uses and structures existed in the town, one in the 7-C zoning district and one in the 8-B zoning district. Those uses constitute a non-conforming use of the premises and structure and also constitute an accessory use to a principal use and structure bank and financial institution. Notwithstanding any other provision of this code, if at any time the use of the bank and financial institution to which the drive-in, drive-up, or drive-through facility is an accessory use is changed to any other use, either in whole or in part and regardless of whether the new principal use is permitted, the accessory use will be deemed to be discontinued or abandoned, and the structure, or structure and use of the premises in combination, shall not thereafter be used as a drive-through.

(`75 Code, Appendix A, Art. V, § 6) (Ord. passed 9-26-72; Am. Ord. 85-7, passed 11-12-85; Am. Ord. 2013-05, adopted 9-18-13; Am. Ord. 2017-05, adopted 12-20-17)

   (a)   Characteristics of use, such as off-street parking, off-street loading, and landscaping requirements, shall be interpreted to be synonymous with a part of the nonconforming classification of uses and structures legally permitted and existing on September 26, 1972, or on the date when the use was rendered nonconforming to the LDC.

   (b)   Nonconforming lots, structures, uses and characteristics of use in combination. If on the effective date of this code, a lot of record, structure, use or characteristics of use of land, in any combination thereof, exists that would not be permitted under the terms of this code, but was lawful at the time of its original existence, that use may be continued unless otherwise deemed abandoned or terminated or required to be eliminated or brought into conformance by other applicable provisions of this code.

(Ord. 2017-05, adopted 12-20-17)

   (a)   On any building devoted in whole or in part to any nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs, or on the repair or replacement of non- bearing walls, fixtures, wiring or plumbing, to an extent not exceeding 10% of the current replacement value of the building, provided that the cubic content of the building as it existed on September 26, 1972, or on the effective date of any amendment making said building or use nonconforming, shall not be increased.

   (b)   Nothing in this article 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.

(`75 Code, Appendix A, Art. V, § 7) (Ord. passed 9-26-72; Am. Ord. 2017-05, adopted 12-20-17)

   (a)   Any use for which a special exception has been approved by the Board of Adjustment shall be deemed to be a conforming use on the subject premises so long as the special exception is allowed in the zoning district as per this code.

   (b)   If a special exception use is eliminated from this code for the applicable zoning district, a previously granted special exception shall no longer be deemed to be a conforming use, but will henceforth be deemed to be a non-conforming use.

   (c)   Boundaries.

      (1)   No special exception shall be expanded or enlarged beyond the boundaries of the tract or parcel of land as specifically defined in the special exception without Board of Adjustment approval;

      (2)   Non-conforming uses in existence prior to October 31, 1990 (with or without an approved special exception) shall not be expanded or enlarged beyond the boundaries of the tract or parcel of land without Board of Adjustment approval.

   (d)   Structures.

      (1)   No structure constituting any part of any Board of Adjustment approved special exception may be expanded or enlarged without Board of Adjustment approval;

      (2)   No non-conforming structure which has been in existence prior to October 31, 1990 (with or without an approved special exception) may be expanded or enlarged without Board of Adjustment approval;

      (3)   Structures associated with special exceptions approved by the Board of Adjustment on or after October 31, 1990 shall not be expanded or enlarged without Board of Adjustment approval of the site plan.

   (e)   After January 1, 2015, all special exceptions approved by the Board of Adjustment shall be conditioned upon development and use consistent with the site plan accompanying the approved special exception.

(`75 Code, Appendix A, Art. V, § 8) (Ord. passed 9-26-72; Am. Ord. 90-9, passed 10-31-90; Am. Ord. 2017-05, adopted 12-20-17; Am. Ord. 2019-06, adopted 1-15-20)