A.

Intent.

Within the zoning districts established by this Code or amendments hereof, there exist lots, structures, uses of land and structures which were lawful before this Code was passed or amended, but which would be prohibited under the terms of this Code or amendment hereof. These lots, structures, uses of land and structures shall be considered nonconforming, including telecommunications service facilities.

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

A nonconforming use of a structure, a nonconforming use of land or a nonconforming use of structure and land shall not be extended or enlarged after passage of this Code. Nonconforming telecommunications service facilities shall be maintained and may be modified only as permitted in Section 5-19 of the Ocoee Land Development Code.

To avoid undue hardship, nothing in this Code shall 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 this Code, or amendment hereto, and upon which actual building construction has been diligently carried on. Actual construction is hereby defined to be placing of construction materials in permanent position, fastened in a permanent manner; except that where demolition or removal of an existing structure has been substantially begun preparatory to rebuilding, such demolition or removal shall be deemed to be actual construction, provided that actual construction work shall be diligently carried on until the completion of the building involved.

B.

Nonconforming Lots of Record.

In any zoning district in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this Code, a single-family dwelling and customary accessory buildings may be erected on any single lot of record which contains an area or width less than that required for the erection of a single-family residence in the district which is in separate ownership at the time of passage or amendment of these regulations, provided that yard dimensions and requirements not involving width or area of lot shall conform to the regulations for the district in which such lot is located.

A single vacant lot, nonconforming as to area or width and of record at the time of passage or amendment of this Code, shall be construed as falling within the meaning of the provisions of the preceding paragraph even though an adjoining lot containing a principal building may be in the same ownership.

If two (2) or more adjoining vacant lots, or combinations of vacant lots and portions of vacant lots, with continuous frontage and of record at the time of passage or amendment of this Code are in single ownership, and such lots individually are too small to meet the width or area requirements of the district in which they are located, such groups of lots shall be considered as a single plot or several plots of at least minimum size, and the plot or plots in one (1) ownership shall be subject to the requirements of this ordinance as to lot area and width.

C.

Nonconforming Uses of Land.

Where a lawful use of land exists at the time of passage or amendment of this Code, which is made no longer permissible under the terms of this Code as enacted or amended, 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 extended to occupy a greater area of land than was occupied at the time of adoption or amendment of this Code.

(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 at the time of adoption or amendment of this Code.

(3)

If any such nonconforming uses of land ceases for any reason for a period of more than thirty (30) days, 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.

Nonconforming Structures.

Where a lawful structure exists at the time of passage of this Code which could not be built under the terms of this 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 structure may be enlarged or altered in a way which increases its nonconformity, except with respect to telecommunications service facilities.

(2)

Should such structure be destroyed by act of nature or man to an extent of more than fifty (50) percent of its value as revealed by an insurance appraisal, it shall not be reconstructed except in conformity with the provisions of this Code.

(3)

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

E.

Nonconforming Uses of Structures.

If a lawful use of a structure, or of structure and premises in combination, exists at the time of passage or amendment of this Code, which use 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:

(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 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 or activity shall be extended to occupy any land outside such building.

(3)

Any structure, or structure and land in combination, in or on which a nonconforming use is 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 four (4) consecutive months or for eighteen (18) months during any three-year period, 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.

F.

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 repairs or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing, to an extent not exceeding twenty (20) percent of the latest assessed valuation of the building, provided that the cubical content of the building as it exists at the time of passage or amendment of this Code shall not be increased.

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 City official charged with protecting the public safety, upon order of such official.

G.

Special Exceptions Not Considered Nonconforming Uses.

Any use permitted as a special exception by the City Commission shall not be considered a nonconforming use.

Any advertising sign, billboard, commercial advertising structure or statuary, which is lawfully existing and maintained at the time this Code became effective, which does not conform with the provisions hereof, shall not be structurally altered, and all such nonconforming advertising signs, billboards, commercial advertising structures and statuary, and their supporting members, shall be completely removed from the premises not later than five (5) years from the effective date of this Code.