All matters regarding the nonconforming use and noncomplying structures shall be determined by the planning commission. Upon application, the commission shall determine if the use or structure is nonconforming or noncomplying as defined in this chapter. The land use administrator may determine routine and uncontested requests to verify nonconforming uses and noncomplying structures as provided in the Naples City land use ordinance.

Noncomplying structures with respect to setbacks or height may be continued. Additions, enlargements or structural alterations may be made to the extent that they comply with all requirements of the current Naples City Code. In addition, the commission may allow an enlargement or structural alteration provided the change is in harmony with the surrounding neighborhood and in keeping with the intent of the general plan and this title. The proposed change shall not impose any unreasonable impact or burden upon land located in the vicinity. Reasonable conditions may be attached to the approval in order to assure neighborhood compatibility. If any such noncomplying structure is removed, every future use of the land on which the building was located shall conform to the provisions of the Naples City land use ordinances and codes.

A nonconforming use lawfully existing on the effective date of this land use ordinance may be continued provided such nonconforming use shall not be expanded or extended into any other open land, except as otherwise provided in the Naples City land use ordinance. If the nonconforming use is discontinued for continuous period of more than one year it shall constitute an abandonment of the use and any future use of such land shall conform to the provisions of the zone in which it is located.

The noncomplying structure lawfully existing on the effective date of the ordinance codified in this title may be continued, provided no structural alterations, except those permitted by law, are made. If such noncomplying structure is discontinued for a continuous period of more than one year it shall constitute an abandonment of the use and any future use of the structure shall conform to the provisions of the zone in which it is located.

A nonconforming use and noncomplying structure may be succeeded, upon approval of planning commission as provided in the Naples City land use ordinance, by an equally restrictive or more restrictive nonconforming use and/or noncomplying structure, provided such change is effected prior to amendment of the prior nonconforming use and noncomplying structure. After a change to a less intensive use occurs, the use may not change back to a more intensive use.

A use or structure which has been declared nonconforming or noncomplying shall not be enlarged or moved except as provided in the land use ordinance. The commission may allow an enlargement or modification provided the change is in harmony with the surrounding neighborhood and in keeping with the intent of the general plan and this title. The proposed change shall not impose any unreasonable impact or burden upon land located in the vicinity. Reasonable conditions may be attached to the approval in order to assure neighborhood compatibility.

A noncomplying structure voluntarily destroyed to the extent of not more than 50 percent of its reasonable replacement value at the time of its destruction may be restored to the use of such building, structure, or part thereof which existed at the time of such partial destruction and may be continued subject to all of the provisions of this title. If the building or structure is voluntarily torn down or destroyed to an extent of more than 50 percent, any future use must follow the current land use ordinance.

A noncomplying structure that is involuntarily destroyed in whole or in part due to fire or other calamity may restored to the use of such building or structure which existed at the time of such destruction.

The commission, under authorization of state statute, may provide for the timely modification or removal of a nonconforming use and noncomplying structure or open storage or signage deemed to be incompatible with the surrounding neighborhood. A maximum of a five-year period may be granted in which the nonconforming use and noncomplying structure shall be modified or removed in order to comply with the general plan and the land use ordinance.

The existence of any nonconforming use will be recognized by the city through issuance of a nonconforming use/structure certificate. It is the city's acknowledgement that the use was legal at its time of construction and is allowed to remain. If the use is vacated for a period of a year or longer, any nonconforming right is lost. Therefore, verification must be given that the use has been continuous since first allowed or approved.