Scope. It is the intent of this section to permit the continuation of those uses of land and structures and characteristics of use which were lawful before the passage of this ordinance, but which would be prohibited, regulated or restricted under the terms of this section or future amendments; to permit such nonconformities to continue until they are removed, but to discourage their survival; that nonconforming structures may be enlarged upon, expanded or extended, subject to the property development regulations of the district in which the structure is located, but that said structures may not be used as a basis for adding other structures or uses prohibited elsewhere in the same district.

10-201. The lawful use of land existing at the time of the passage of this ordinance, although such use does not conform to the provisions hereof, may be continued, subject to the following provisions:

(a)

No such nonconforming use shall be enlarged or increased nor extended to occupy a greater area of land than was occupied at the effective date of adoption of this ordinance, unless such use is changed to a use permitted in the district in which such use is located.

(b)

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 at the effective date of adoption of this ordinance.

(c)

If any such nonconforming use of land ceases for any reason for a period of more than six (6) months, any subsequent use of such land shall conform to the regulations specified by this ordinance for the district in which such land is located.

(d)

No structure which does not conform to the requirements of this ordinance shall be erected in connection with such nonconforming use of land.

10-202. Community unit development specific use permits. Any and all community unit development specific use permits granted before the passage of this ordinance shall continue in full force and effect.

The lawful existence of a structure or building at the effective date of adoption of this ordinance, although such structure or building does not conform to the property development regulations of this ordinance for minimum lot areas and dimensions, minimum yard setback requirements, maximum building height, total floor area, lot coverage and minimum floor area requirements, or other characteristics of the structure, or its location on the lot, may be continued so long as it remains otherwise lawful, subject to the following provisions:

(a)

Nonconforming buildings and structures may be enlarged upon, expanded or extended subject to all the property development regulations including minimum lot area and dimensions of the district in which the building or structure is located. No such building or structure shall be enlarged upon or altered in any way which increases its nonconformity. Such building or structure or portion thereof may be altered to decrease its nonconformity except as may be hereafter provided. Such nonconforming buildings or structures shall not be used as a basis for adding other structures or uses prohibited elsewhere in the same district.

(b)

Should such structure or building be destroyed by any means to an extent of more than fifty (50) per cent of its assessed value at the time of destruction, as determined by the Nassau Bay tax assessor, it shall not be reconstructed except in conformity with the provisions of this ordinance.

(c)

Reserved.

(d)

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

(Ord. No. 2009-648, § I, 6-6-09)

If a lawful use involving individual structures, buildings, and/or premises in combination thereof exists at the effective date of adoption of or amendment to this ordinance that would not be allowed in the district in which it is located under the terms of this ordinance, 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 ordinance 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, except as may otherwise be provided herein.

(b)

A nonconforming use may be extended throughout any part of a building or structure which is manifestly arranged as designed for such use at the time of adoption or amendment of this ordinance, but no such use shall be extended to occupy any land outside such building.

(c)

Any structure or building, or structure or building and premises in combination, in or on which a nonconforming use is superseded by a permitted use, shall therefore conform to the regulations for the district in which such structure is located, and the nonconforming use may not thereafter be resumed.

(d)

When a nonconforming use of a structure or building, or structure or building and premises in combination is discontinued or abandoned for six (6) consecutive months or for eighteen (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 regulation of the district in which it is located.

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 unless the land itself is in a nonconforming use. Destruction for the purpose of this section is defined as damage to an extent of more than fifty (50) per cent of the assessed value of the structure at the time of destruction.

(a)

Alterations. A nonconforming building may be maintained and repairs and alterations may be made, except that in a building which is nonconforming as to use regulations, no structural alterations shall be made except those required by law. Repairs such as plumbing or the changing of partitions or other interior alterations are permitted.

(b)

Construction. This ordinance shall not be deemed to require a change in the plans, construction, or designated use of any building on which actual construction was lawfully begun prior to the effective date of the passage of or amendment to this ordinance, and upon which actual built-construction has been diligently carried on. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner. Where demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such demolition or removal shall be deemed to be actual construction, provided that work shall be diligently carried on until completion of the building involved.

(c)

Normal repairs and maintenance. On any building devoted in whole or in part to any nonconforming use, work may be done in any period of twelve (12) consecutive months on normal repairs, or on repairs or replacement of nonbearing walls, fixtures, wiring or plumbing to an extent not exceeding twenty (20) per cent of the current assessed value of the building, provided that the cubic volume of the building as it existed at the time of passage of our amendment to this ordinance shall not be increased.