Osceola City Zoning Code
ARTICLE VII
Nonconforming Uses, Structures and Lots
§ 219-65 Existing nonconforming uses.
A.
The lawful nonconforming use of a structure or land existing at the time of the adoption of or amendment of this code may be continued although the use does not conform to the provisions of this code, provided that:
(1)
Only that portion of land in actual use may be so continued and the structure may not be extended, enlarged, reconstructed, substituted, moved or structurally altered except when required to do so by law or order or so as to comply with the provisions of this code.
(2)
Total lifetime structural repairs or alterations shall not exceed 50% of the present equalized value of the structure, unless it is permanently changed to conform to the use provisions of this code.
(3)
Substitution of new equipment may be permitted by the Board of Appeals if such equipment will reduce the incompatibility of the nonconforming use with the neighboring uses.
B.
Abolishment or replacement.
(1)
If such nonconforming use is discontinued or terminated for a period of 12 months, any future use of the structure or land shall conform to the provisions of this code.
(2)
When a nonconforming use or structure is damaged by fire, explosion, flood, the public enemy or other calamity to the extent of more than 50% of its current equalized value, it shall not be restored except so as to comply with the use provisions of this chapter.
(3)
A current file of all nonconforming uses shall be maintained by the Building Inspector listing the following: the owner's name and address and use of structure or land.
§ 219-66 Existing nonconforming structures.
A lawful nonconforming structure existing at the time of the adoption of or amendment of this code may be continued although its size or location does not conform to the lot width, lot area, yard, height, parking and loading and access provisions of this code; however, it shall not be extended, enlarged, reconstructed, moved or structurally altered except when required to do so by law or order or so as to comply with the provisions of this code.
§ 219-67 Changes and substitutions.
Once a nonconforming use or structure has been changed to conform, it shall not revert back to a nonconforming use or structure. Once the Board of Appeals has permitted the substitution of a more restrictive nonconforming use for an existing nonconforming use, the substituted use shall lose its status as a legal nonconforming use and become subject to all the conditions required by the Board of Appeals.
§ 219-68 Substandard lots.
A.
In any residential district, a one-family detached dwelling and its accessory structures may be erected on any legal lot or parcel, provided that such lot or parcel was of record in the County Register of Deeds office before the effective date or amendment of the original zoning code.
B.
Such lot or parcel shall be in separate ownership from abutting lands. If abutting lands and the substandard lot are owned by the same owner, the substandard lot shall not be sold or used without full compliance with the provisions of this code. If in separate ownership, all the district requirements shall be complied with insofar as practical but shall not be less than the following:
(2)
Building height: maximum 30 feet.
§ 219-69 I-1 Industrial District.
In the I-1 Industrial District, single-family detached dwellings and their accessory structures may be erected on any legal lot or parcel of record at the time of the adoption of this code. The burden of proof shall be on the applicant for a building permit or certificate of zoning compliance to show that the lot was of record in the County Register of Deeds office prior to the adoption of this code. No further subdivision for residential purposes is permitted in the Industrial District. Any building or structure erected after the adoption of this code under this article shall conform to the requirements of §§ 219-66 and 219-68 but shall not be subject to the repair and termination provisions of § 219-65.