The purpose of this Article is to establish the authority for review and consideration of development applications and other proposed actions in Osceola County and to assign such authority. The Board of County Commissioners may create and fill boards and committees to implement this Code as needed.

This Code shall be known as the "Osceola County Land Development Code" and may be cited and referred to as the "The Code," "LDC" or the "Ordinance." Citation to provisions contained in this Code shall be referenced as "Chapter___, Article __, Section___" of the Land Development Code.

In the construction of this Code, the rules set out in this Chapter shall be observed, unless inconsistent with the manifest intent of the Board of County Commissioners. The rules of construction in this Chapter do not apply to any Article of this Code that contains any express provisions excluding their application, or where the subject matter or context of such Article may be repugnant thereto.

A.

All general provisions, terms, phrases and expressions contained in this Code shall be liberally construed in order that the true intent and meaning of the Board of County Commissioners may be fully carried out. This Code is the minimum requirement adopted for the promotion of the public health, safety, comfort, convenience and general welfare. Where any provision of this Code imposes greater restrictions inconsistent with those contained in another provision under the Osceola County Code of Ordinances, the provision imposing the greater restriction or regulation controls.

B.

In computing any period of time prescribed or allowed by the Code, the day of the act, event or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included unless it is a Saturday, Sunday or legal holiday in which the period shall run until the end of the next day which is neither a Saturday, Sunday or legal holiday. When the period of time prescribed or allowed is less than seven (7) days, Saturdays, Sundays and legal holidays shall be excluded in the computation.

C.

A provision appearing to require the County Manager, head of a department, or some other county officer or employee to do some act or perform some duty is to be construed to authorize the County Manager, head of the department, or other officer or employee to designate, delegate and authorize subordinates to perform the required act or perform the duty.

D.

Words in one (1) gender apply to the other gender.

E.

Words giving a joint authority to three (3) or more persons or officers are to be construed as giving such authority to a majority of such persons or officers.

F.

"May" and "Should" are to be construed as being permissive or discretionary.

G.

"Must" is to be construed as being mandatory.

H.

Words and phrases are to be construed according to the common and approved usage of the language, unless otherwise defined herein, but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in law are to be construed and understood according to such meaning.

I.

Words used in the singular number include the plural. Words used in the plural number include the singular.

J.

"Oath" includes an affirmation in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the words "swear" and "sworn" shall be equivalent to the words "affirm" and "affirmed."

K.

Whenever reference is made to any officer or official, the reference will be taken to be to such officer or official of Osceola County, Florida.

L.

"Shall" is to be construed as being mandatory.

It is declared to be the intent of the Board of County Commissioners that if any section, subsection, sentence, clause, phrase or portion of this Code is for any reason held or declared to be unconstitutional, inoperative or void, such holding or invalidity shall not affect the remaining portions of this Code, and it shall be construed to have been the legislative intent to pass this Code without such unconstitutional, invalid or inoperative part therein, and the remainder of this Code after the exclusion of such part or parts shall be deemed and held to be valid as if such part or parts had not been included herein. If this Code or any provision thereof is held inapplicable to any person, group of persons, property or kind of property, or circumstances or set of circumstances, such holding shall not affect the applicability hereof to any other person, property or circumstance.

The repeal or amendment of an ordinance shall not revive any ordinance in force before or at the time the ordinance was repealed or the amendment took effect. The repeal or amendment of any ordinance shall not affect any punishment or penalty incurred before the repeal or amendment took effect, nor any suit, prosecution or proceeding pending at the time of the repeal for an offense committed under the ordinance repealed or amended.

Land or water shall not be developed, used or occupied, and a building, structure, infrastructure or part thereof shall not hereafter be erected, reconstructed, moved, located, or structurally altered, except in conformity with the regulations set out herein and for the district in which it is located. It is the specified intent of the County that all floating structures and buildings, as well as development, buildings and structures or infrastructure built over or in water, shall meet all the requirements of this Code.

All descriptive headings of sections within this Code are inserted for convenience of reference only and shall not affect the construction or interpretation thereof.

A.

More specific provisions of this Code shall be followed in lieu of more general provisions that may be more lenient than, or in conflict with, the more specific provision. Where differences of meaning or implication between the text of this Code and any caption, illustration, map, summary table, or illustrative table, the text shall control.

B.

The County Manager shall have the authority to make all interpretations of the text of this Code and the official zoning map unless otherwise set forth. Interpretations regarding boundaries of land use districts or other geographic districts shall be made in accordance with the following:

1.

Boundaries shown as following, or approximately following, any road shall be construed as following the centerline of the road.

2.

Boundaries or roadways shown as following, or approximately following, any platted lot line or other property line, or section line, shall be construed as following such line.

3.

Boundaries shown as following, or approximately following, any meandering, natural area shall be construed as following such natural feature as verified by field inspection.

4.

Boundaries in or adjacent to bodies of water shall be as follows:

a.

Where district boundaries appear to follow shorelines or center lines of bodies of water, they shall be construed as following such shore lines or center lines. In case of change in shore lines or course or extent of water, the boundaries shall be construed as moving with the change.

b.

Boundaries indicated as entering any body of water, but not continuing to intersect with other zoning boundaries or with the limits of jurisdiction of the County, shall be construed as extending in the direction in which they enter the body.

A.

Whenever, by the provisions of this Code, the performance of any act is required, or the performance of any act is prohibited, or whenever any regulation or limitation is imposed on the use or development of any land or water, or on the erection of a structure, a failure to comply with such provision shall constitute a violation of this Code.

B.

The provisions of this Code shall be enforced as follows: (1) by the Osceola County Code Enforcement Board pursuant to the authority granted by F.S. § 162.01 et. seq.; (2) by the Board of County Commissioners through its authority to enjoin and restrain any person violating the Code; (3) by Osceola County through the prosecution of violations in the name of the State of Florida pursuant to the authority granted by F.S. § 125.69; or (4) additional remedies as provided by Florida law. Nothing herein shall be construed to inhibit the County from enforcing the land development code or adopting such laws, rules and/or regulations to accomplish same.

C.

Violations of this Code may also constitute violations of other Federal, state or local regulations. Penalties assessed or remedies taken under this Code shall not be deemed to represent or substitute for enforcement mechanisms or penalties available under such other laws or regulations. Each calendar day that any violation continues after receipt of a written notice of such violation shall constitute a separate violation and a separate offense for purposes of the penalties and remedies specified herein.

A.

A person who violates any provision of this Code may be subject to prosecution in the name of the State in the same manner as misdemeanors are prosecuted, pursuant to the terms of F.S. § 125.69, as amended, and shall be subject to all criminal penalties authorized by the State of Florida for such violation. Upon conviction, such person shall be punished by a fine not to exceed five hundred dollars ($500.00) or by imprisonment in the county jail, not to exceed sixty (60) days, or by both such fine and imprisonment.

B.

The County Manager is authorized to issue cease and desist orders in the form of written official notices sent by regular mail to the owner of the property or the person responsible for the violation, and such action or work shall immediately be stopped. The notice shall state the conditions under which the action or work may be assumed. Specific activities and operations may be ordered to be stopped based upon the following conditions: (1) in an emergency situation that may have a serious effect on the health, safety, or welfare of the public or the environment. Where any emergency exists, oral notice given by the County Manager shall be sufficient. (2) When irreversible or irreparable harm may result, as determined by the County Manager, and immediate cessation of the activity is necessary to protect the public or the environment.

C.

To the extent permitted by law, the County Manager may suspend or revoke any building permit, certificate of occupancy, development order, development permit, or development approvals of any kind whatsoever, where an administrative determination has been duly made that, relevant to the provisions and requirements of this Code, an error or omission on either the part of the applicant or government agency existed in the issuance of the permit or approval. A valid permit or certificate may be issued in place of the incorrect permit or certificate after correction of the error or omission.

The Planning Commission shall have the powers and authority set forth herein.

A.

The Planning Commission shall be composed of ten (10) members, two from each County district, appointed by the Board of County Commissioners. The Planning Commission shall also include four (4) non-voting members. One non-voting member shall be from the local military Command Post for issues regarding compatibility with the local military installation; the second non-voting member shall be from the Osceola County School District for issues that would increase residential densities; and the third and fourth non-voting members shall be from the Greater Orlando Airport Authority and the Kissimmee Gateway Airport to provide analysis and recommendations for Airport Height Overlay permit appeals.

All appointments shall require an affirmative vote of at least three (3) members of the Board of County Commissioners at a regularly scheduled meeting. Each term shall last for a period of up to four (4) years. Members may be reappointed, however, each member shall serve for no more than ten (10) consecutive years. Appointments may be made for less than four (4) years in the event that a vacancy has been created by a member leaving prior to the expiration of the appointed term, and the remainder of the term is less than four (4) years. Appointment may also be made for less than four (4) years at the discretion of the Board to accomplish other Policy decisions including, but not limited to, staggering terms for members. When commission districts change, or members relocate, and they have less than one (1) year remaining in their term and such change results in a member appointed from one district to now being in a different district, the member may remain until the normal expiration of his/her term. In the event the member has more than one (1) year remaining in their term and there is a change in commission district or the member relocates, the member shall immediately resign.

B.

Members of the Planning Commission shall be knowledgeable in the field of comprehensive planning and shall be familiar with the Osceola County Comprehensive Plan, the Osceola County Land Development Code and other applicable regulations.

C.

Members of the Planning Commission serve at the pleasure of the Board of County Commissioners. A member of the Planning Commission may be removed for any reason from his/her position upon an affirmative vote of three (3) members of the Board of County Commissioners. Members who fail to attend three (3) consecutive meetings shall be assumed to have resigned and shall be replaced by the Board of County Commissioners as soon as reasonably possible after the third consecutive absence. Any member removed may request a hearing before the Board of County Commissioners regarding said removal.

D.

Vacancies on the Planning Commission shall be filled under the procedures for appointment for the unexpired term of any member whose term becomes vacant for any reason.

E.

The Planning Commission shall serve without compensation, but members may be paid actual expenses incurred in performance of their duties, which shall not exceed allowances as prescribed by State law.

F.

The Board of County Commissioners may designate funds to the appropriate Department budget for expenses necessary to conduct work by the Planning Commission.

A.

At the first regularly scheduled meeting in December, the Planning Commission, from among its members, shall elect a Chair, Vice Chair, and such other officers as it deems necessary. The new officers will assume their roles at the first regularly scheduled meeting in January. Each officer shall serve a one (1) year term or until re-elected or a successor is elected. The County Manager shall conduct the election proceedings for the Planning Commission. Staff shall be assigned by the County Manager to serve as support staff to the Planning Commission.

B.

The Planning Commission may adopt rules for the transaction of its business, and conduct meetings pursuant to the provisions of any resolution, policy or ordinance adopted by the Board of County Commissioners.

C.

Meetings:

1.

The Planning Commission shall set the time and place of all meetings.

2.

The Planning Commission shall meet at least once a month, unless no business is pending before it. Additional meetings may be held at the call of the Chair and at all such other times as the members may determine that meetings are necessary.

D.

All meetings shall be open to the public.

E.

Absenteeism and abstentions:

1.

If a member is absent from the meeting, the absence shall be reflected in the minutes.

2.

Any request by a member to abstain from a vote shall be done only in accordance with F.S. chs. 112 and 286, or as amended.

F.

Minutes and Records:

1.

Staff shall take minutes of all proceedings. At a minimum, such minutes shall summarize testimonies, and shall reflect the motion and the votes, and whether the motion was approved for all official actions. If a member is absent or fails to vote, the minutes shall reflect this fact.

2.

Staff shall keep records of all meeting minutes, agendas, and required findings, determinations, and resolutions. Said records shall be public records and shall be maintained consistent with applicable State rules and regulations.

G.

Voting:

1.

A majority of filled (non-vacant) seats shall constitute a quorum of the Planning Commission. The majority vote of the quorum shall be required to render a decision of approval on any matter.

2.

In the event a decision of approval is not obtained, then the matter being considered shall be deemed to have been denied.

(Ord. No. 2025-10, § 2, 3-17-2025)

A.

Statutory Duties: The Planning Commission shall have the statutorily prescribed duties and responsibilities listed below or as amended from time to time.

1.

The Planning Commission shall serve as the "local planning agency" as outlined in F.S. ch. 163, and in that capacity, shall perform the functions and comply with the provisions outlined in F.S. ch. 163. Generally, the Planning Commission shall:

a.

Be responsible for preparation of the local Comprehensive Plan and make recommendations to the Board of County Commissioners regarding the adoption of such plan or element or portion thereof.

b.

Monitor and oversee the effectiveness and status of the Comprehensive Plan and recommend to the Board of County Commissioners such changes in the Comprehensive Plan as may from time to time be required.

c.

Review and make recommendations to the Board on development applications to make findings on consistency with the Comprehensive Plan.

2.

The Planning Commission shall serve as the Land Development Regulation Commission as outlined in F.S. ch. 163, and in that capacity may perform the functions and comply with the provisions outlined in F.S. ch. 163. Generally, the Planning Commission may develop and review proposed land development regulations, land development codes, or amendments thereto, and make recommendations to the Board of County Commissioners as to consistency of the proposal with the adopted Comprehensive Plan or element or portion thereof.

B.

Local Functions: The Planning Commission shall have the locally prescribed duties and responsibilities as outlined in the Land Development Code.

1.

Where identified in this Code, the Planning Commission shall make recommendations to the Board of County Commissioners after making the required findings to support its recommendations.

2.

Where identified in this Code, the Planning Commission shall make decisions on appeal of County Manager determinations or decisions and Development Review Committee decisions.

3.

Where identified in this Code, the Planning Commission shall take final action on an application after receiving public comment and making the required findings for the applicable request.

4.

Any Planning Commission decision other than decisions rendered on appeal may be reviewed and heard by the Board of County Commissioners, consistent with the procedures outlined in this Code.

5.

In performing its responsibilities, the Planning Commission may include conditions deemed necessary and appropriate to render the findings required for the respective recommendation or decision.

6.

The Planning Commission shall have any other duties as required by this code or as by law.

The Board of Adjustment shall have the powers and authority set forth herein.

A.

The Board of Adjustment shall be composed of seven (7) members, one (1) from each County district and two (2) at large, appointed by the Board of County Commissioners.

All appointments shall require an affirmative vote of at least three (3) members of the Board of County Commissioners at a regularly scheduled meeting. Each term shall last for a period up to of four (4) years. Members may be reappointed, however, each member shall serve no more than eight (8) consecutive years. Appointments may be made for less than four (4) years. When commission districts change, or members relocate and they have less than one (1) year remaining in their term and such change results in a member appointed from one district to now being in a different district, the member may remain until the normal expiration of his/her term. In the event the member has more than one (1) year remaining in their term and there is a change in commission district or the member relocates, the member shall immediately resign.

B.

Members of the Board of Adjustment shall be knowledgeable in the field of comprehensive planning and shall be familiar with the Osceola County Comprehensive Plan, the Osceola County Land Development Code and other applicable regulations.

C.

Members of the Board of Adjustment serve at the pleasure of the Board of County Commissioners. A member of the Board of Adjustment may be removed for any reason from his/her position upon an affirmative vote of three (3) members of the Board of County Commissioners. Members who fail to attend three (3) consecutive meetings shall be assumed to have resigned and shall be replaced by the Board of County Commissioners as soon as reasonably possible after the third consecutive absence. Any member removed may request a hearing before the Board of County Commissioners regarding said removal.

D.

Vacancies on the Board of Adjustment shall be filled under the procedures for appointment for the unexpired term of any member whose term becomes vacant for any reason.

E.

The Board of Adjustment shall serve without compensation, but members may be paid actual expenses incurred in performance of their duties, which shall not exceed allowances as prescribed by State law.

F.

The Board of County Commissioners may designate funds to the appropriate Department budget for expenses necessary to conduct work by the Board of Adjustment. The Board of Adjustment may expend all sums appropriated in order to accomplish the purposes and activities required by this Code and the Local Government Comprehensive Planning and Land Development Regulation Act.

A.

At the first regularly scheduled meeting in December, or as soon thereafter as possible, the Board of Adjustment, from among its members, shall elect a Chair, Vice Chair, and such other officers as it deems necessary. The new officers will assume their new roles at the first regularly scheduled meeting in January. Each officer shall serve a one (1) year term until re-elected or a successor is elected. The County Manager shall conduct the election proceedings for the Board of Adjustment. The County Manager shall assign staff to serve as support staff to the Board of Adjustment.

B.

The Board of Adjustment may adopt rules for the transaction of its business, and conduct meetings pursuant to the provisions of any resolution, policy or ordinance adopted by the Board of County Commissioners.

C.

Meetings:

1.

The Board of Adjustment shall set the time and place of all meetings

2.

The Board of Adjustment shall meet at least once a month, unless no business is pending before it. Additional meetings shall be held at the call of the Chair and at all such other times as the members may determine and meetings are necessary.

D.

All meetings shall be open to the public.

E.

Absenteeism and abstentions:

1.

If a member is absent from the meeting, the absence shall be reflected in the minutes.

2.

Any request by a member to abstain from a vote shall be done only in accordance with F.S. ch. 112 [and] F.S. § 286.012, or as amended.

F.

Minutes and records:

1.

Staff shall take minutes of all proceedings. At a minimum, such minutes shall summarize testimonies, and shall reflect the motion and the votes, and whether the motion was approved for all official actions. If a member is absent or fails to vote, the minutes shall reflect this fact.

2.

Staff shall keep records of all meeting minutes, agendas, and required findings, determinations, and resolutions. Said records shall be public records and shall be maintained consistent with applicable State rules and regulations.

G.

Voting:

1.

The majority vote of the quorum present shall be required to render a decision of approval on any matter. Four (4) voting members who are present and have no voting conflicts shall constitute a quorum of the Board of Adjustment.

2.

In the event a decision of approval is not obtained, then the matter being considered shall be deemed to have been denied.

The Board of Adjustment shall have the locally prescribed duties and responsibilities as outlined in this Land Development Code.

A.

Where identified in this Code, the Board of Adjustment shall have the authority to grant or deny, wholly or in part, any request for a variance from the specified regulations. In reaching its decision, the Board of Adjustment shall have the authority to attach such conditions and requirements as are necessary for the protection of the health, safety, comfort, convenience, and welfare of the general public. Such conditions or requirements shall be reasonably related to the variance requested.

B.

The Board of Adjustment shall have the authority to grant conditional use requests pursuant to the appropriate findings and further that it is not contrary to the public interest and the health, safety, comfort, convenience, and welfare of the citizens of Osceola County, or that the request is in conflict with provisions of this Code. In reaching its decision, the Board of Adjustment shall have the authority to attach such conditions and requirements as are necessary for the protection of the health, safety, comfort, convenience, or welfare of the general public. Said conditions or requirements shall be reasonably related to the conditional use requested.

C.

Any final decision by the Board of Adjustment made pursuant to these regulations may be appealed, by any affected person, within thirty (30) days of said decision being rendered. Unless stated otherwise in this Code or other applicable regulations, appeal under this Section shall be by petition of writ of certiorari to the circuit court.

D.

The Board of Adjustment shall have any other duties as required by this code or as by law.

The Development Review Committee shall have the powers and authority set forth herein.

A.

Establishment and Composition: The Development Review Committee (DRC) shall be composed of representatives of any County departments as determined to be necessary by the County Manager. In addition, the following Agencies may send representatives to the DRC.

South Florida Water Management District

St. Johns River Water Management District

Osceola County Health Department

City of Kissimmee

City of St. Cloud

Osceola County School Board

Representative from local military command base

Soil Conservation Service

Florida Department of Transportation

B.

Members of the DRC shall be knowledgeable in their field and familiar with the Osceola County Comprehensive Plan, the Osceola County Land Development Code and other applicable regulations.

A.

A chairman shall be chosen by the County Manager.

B.

The DRC may adopt rules for the transaction of its business, and conduct meetings pursuant to the provisions of any resolution, policy or ordinance adopted by the Board of County Commissioners.

C.

Meetings:

1.

The DRC shall set the time and place of all meetings.

2.

The DRC shall meet at least once a month, unless no business is pending before it. Additional meetings shall be held at the call of the Chair and at all such other times as the members may determine and meetings are necessary.

The general purpose of the Development Review Committee shall be to provide assistance to the policy making boards (elected and appointed officials) by reviewing applications and by ensuring that applications proceed in compliance with all applicable rules and regulations. The DRC shall recommend such conditions and requirements as are necessary for the protection of the health, safety, comfort, convenience, and welfare of the general public.

A.

The W192 Development Authority, as established by Ordinance #12-23, shall identify and appoint a five (5) member party to serve as the Architectural Review Board for entertainment signage as regulated by the LDC. The ARB shall consist of an architect, planner, engineer, sign company professional and a member of Osceola County staff as appointed by the County Manager.

B.

The Architectural Review Board shall have the locally prescribed duties and responsibilities as outlined in the LDC. The Architectural Review Board is authorized to promulgate rules and procedures for the transaction of its business.

C.

The function of the Architectural Review Board is to review applications for entertainment signs in the W192 corridor as set forth in Chapter 3, Article 3.17 of the LDC.

D.

Any final decision by the Architectural Review Board made pursuant to these regulations may be appealed, by the applicant, within thirty (30) days of said decision being rendered. Appeal under this Section shall be directed to the W192 Development Authority.

A.

Structures, lots, uses, and other site improvements which were considered lawful prior to the adoption or amendment of this Code, but which violate one (1) or more provisions or requirements of the current Code, are nonconformities that are hereby declared to be incompatible with the purpose of this Code. Such nonconformities are not permitted to continue without restriction.

B.

It is the intent of this Code to provide for the regulation of nonconformities and to specify those circumstances and conditions under which such nonconformities may be permitted to continue. All rights and obligations associated with a nonconforming status run with the land and are not related to the present owner or tenant of the land, and are not affected by a change in ownership or tenancy, unless abandoned as described herein.

C.

Any structure, lot, use, or site improvement that was not considered lawful prior to the adoption or amendment of this Code, shall be discontinued immediately, and nothing herein shall be deemed to protect or permit such structure, lot, use, or site improvement.

D.

No provisions in this article shall be interpreted to allow for the continued existence of building or other safety code violations.

A.

A building or structure or part thereof shall not be erected, constructed, reconstructed, located, moved or structurally altered in any manner so as to create a nonconforming structure.

B.

A nonconforming structure may be maintained, and repairs and alterations may be made. The nonconforming structure may be enlarged or altered for a permitted use, provided that the enlargement or alteration does not create a new nonconformity or increase in degree the existing nonconformity, and the enlargement or alteration is not in violation of any zoning requirements.

C.

When a nonconforming structure is damaged or deteriorated by more than fifty (50) percent of the assessed value of the structure, as determined by the County Property Appraiser, such structure shall not be rebuilt except in compliance with all the requirements of this Code. For the purposes of this section value shall be determined prior to the damage occurring. If not more than fifty (50) percent of the structure is damaged, the owner shall have one (1) year from the date of damage to obtain the appropriate permits to repair the structure without having to rebuild or repair in accordance with the requirements of this Code.

D.

To avoid undue hardship, nothing herein shall be deemed to require a change in the plans, construction or designated use of any structure on which actual construction was lawfully begun prior to the adoption or amendment of this Code and upon which actual construction has been diligently carried on thereby maintaining a valid development order. Demolition or removal pursuant to a permit but preliminary to construction shall be deemed to be actual construction, provided that work shall be diligently carried on until the completion of the structure involved. Upon completion, however, such structures are considered nonconforming structures.

A.

A nonconforming yard or lot shall not be reduced by private action in width, depth or area below the minimum requirements set forth in this Code. Notwithstanding the foregoing, unmanned public service facilities, including but not limited to, pump/lift stations, utility substations, and similar public service structures, may be sited on lots smaller than otherwise required if it can be demonstrated to and approved in writing by the County Manager that all applicable setbacks, buffers or other standards are met.

B.

A lot shall not be created after adoption or amendment of this Code except in conformity with the requirements of applicable regulations.

C.

In any district in which single family dwellings are authorized, a single family dwelling and accessory building may be erected on any separate lot-of-record (or portion thereof) when in accordance with the following:

1.

To be determined as a lot of record, nonconforming lots or parcels must be in separate ownership, not of continuous frontage with other lots in the same ownership, and must have been recorded prior to February 22, 1972. If two or more lots or combinations of lots and portions of lots with continuous frontage owned by one person or entity are of record, and if all or part of the lots do not meet the standards specified for lot width and lot area, the land involved shall be considered to be an undivided parcel for the purposes of this regulation, and no portion of such a parcel shall be used in a manner which diminishes compliance with lot width and area requirements, nor shall any division of any parcel or lot be made which creates a lot with width or area below the requirements of the zoning district of the property on February 22, 1972.

2.

The lot, or portion thereof, must adhere to the minimum performance standards outlined herein. Lots or parcels less than the minimum area and/or width must be approved by the County prior to development.

3.

A nonconforming lot of record, or portion thereof, may be used for a single family dwelling, mobile/manufactured home and permitted accessory uses and structures as set forth in the zoning district in which it is located, provided development standards other than required lot width and/or lot area are complied with.

4.

A lot of record in a commercial or industrial zoning district which fails to meet the development standards for lot area, lot width, or both, may be utilized for the purposes specified in the zoning district in which it is located, provided that the use of such lots is approved as a conditional use.

Nonconforming uses may continue, provided there is no enlargement, replacement, increase in intensity or alterations to the use, or any permanent structure associated with such use, unless approved pursuant to the provisions herein.

A.

A nonconforming use may be extended through portions of a building originally arranged or intended for such use but not otherwise extended, and shall not extend to occupy land outside such building or additional building not used for such nonconforming use at the time that nonconforming status was established.

B.

Site improvement alterations, including building expansions, which increase conformance with the parking, loading, landscaping and other similar site improvement requirements that would apply to the use if located in a proper zoning district, may be permitted. However, such a site improvement shall not expand the nonconformity. Alterations which reduce a negative impact shall be recommended subject to a finding by the County Manager that the alteration will result in a substantial reduction in the negative impact of the nonconformity on surrounding uses. Further restrictions and conditions on the design and operation of facilities may be placed as the County deems necessary to reduce negative impact.

C.

When a building or structure devoted to a nonconforming use, other than a dwelling which is the principal residence of the owner of the property, is damaged or deteriorated more than fifty (50) percent of the prior assessed taxable value as determined by the County Property Appraiser, such building or structure shall not be reestablished unless for a use allowable in the current zoning district.

D.

If the nonconforming use ceases for more than a total of one hundred eighty (180) consecutive calendar days in a one (1) year period, the use shall be deemed abandoned and subsequent use of the premises shall conform to the district regulations.

E.

Land that accommodates nonconforming uses may only be subdivided if the subdivision does not increase or intensify the extent or size of the nonconforming use.

F.

A single-family dwelling unit and its accessory uses in non-single-family districts shall be permitted to be repaired, enlarged, altered and rebuilt, provided that the dwelling unit meets all requirements of the least restrictive single-family district or of any adjacent single-family district if it is more restrictive.

Site alterations or improvements (such as, but not limited to, parking, loading facilities, inappropriate landscaping, lighting, open space or access management) that are associated with a conforming use, but have nonconforming characteristics of use, may be made, notwithstanding the nonconformity, provided that the alterations or improvements do not exceed fifty (50) percent of the assessed value of the building as determined by the County Property Appraiser, associated with the alterations or improvements.

In any zoning district, should a governmental agency obtain a portion of a conforming lot for a public purpose, either through eminent domain proceedings or voluntary conveyance, and thereby create a nonconforming lot, the County shall have the authority to waive any, in whole or in part, processing requirements outlined herein for said lot with respect to minimum lot width, minimum lot area and minimum building setbacks, parking requirements, landscape and buffering, provided all other requirements of this Code are met.