(a)

A use lawfully in existence at the effective date of the ordinance from which this chapter is derived, which shall be made nonconforming at the passage of this chapter or any applicable amendment thereto, may be continued except as otherwise provided in this article.

(b)

A use is, for the purposes of this chapter, a nonconforming use if the use or any physical characteristics of the use are not in full compliance with all regulations of the zoning district in which it is situated.

(c)

The intent of this division is that, by the provisions of this chapter or by amendments that may be adopted, there may exist uses and characteristics of use which were lawful before this chapter was adopted or amended and which would be prohibited, regulated or restricted under the terms of this chapter or amendments thereto. It is the intent of this chapter to permit these nonconforming uses to continue until they are voluntarily removed, removed by abandonment, or otherwise removed as required by this chapter, but not to encourage their survival.

(d)

It is further the intent of this chapter that nonconforming uses shall not be enlarged upon, expanded, intensified or extended, or be used as grounds for adding other uses prohibited elsewhere in the same district.

(Ord. No. 2-74, § 8.10, 3-26-74; Ord. No. 2-83, § 7, 2-23-83)

Cross reference— Definitions generally, § 1-2.

No nonconforming use shall be enlarged, increased, intensified, substituted or extended to occupy a greater area than it occupied at the effective date of adoption or amendment of this chapter, except as may be granted by variance under section 134-201. No such nonconforming use shall be relocated in whole or in part to any portion of a lot or parcel except the location occupied by such use at the effective date of adoption or amendment of this chapter.

(Ord. No. 2-74, § 8.11, 3-26-74; Ord. No. 2-83, § 7, 2-23-83; Ord. No. 1-91, § 5(a), 4-23-91)

(a)

Any nonconforming use which is replaced by a permitted use shall thereafter conform to the regulations of the zoning district in which such use is located, and the terminated nonconforming use shall not thereafter be resumed nor shall any other nonconforming uses be permitted.

(b)

When the generic use of a nonconforming parcel of property or portion thereof is changed into another generic use, any and all nonconforming conditions of that parcel of property or portion thereof shall be discontinued.

(Ord. No. 2-74, § 8.12, 3-26-74; Ord. No. 2-83, § 7, 2-23-83; Ord. No. 1-93, § 5(a), 2-8-93)

(a)

Any use which is permitted by the town council as a special exception in a district under this chapter shall not be deemed a nonconforming use in such district.

(b)

If an existing approved special exception use which also has zoning nonconformity of use or structure existing in connection with the special exception use has been removed by the town council from the special exception uses in article VI of this chapter, the nonconforming use and/or structure shall become a nonconforming use as contained in this chapter.

(Ord. No. 2-74, § 8.13, 3-26-74; Ord. No. 2-83, § 7, 2-23-83)

Under this chapter, any nonconforming use which has less than 50 percent of its previous existing floor area made unsafe or unusable by lack of normal maintenance or by ordinary deterioration may be restored and used as before, provided that the floor area of such use shall not exceed the floor area which existed prior to such damage. All restoration shall be completed within the time frame set forth in the construction schedule contained in the construction schedule contained in section 105.4.1.6 of the Florida Building Code as amended in section 18-242. In the event such restoration is not completed within the time frame required by the Building Code, construction shall cease and shall not resume until the town council decides the remedy for noncompliance, and reviews and approves a completion schedule.

(Ord. No. 2-74, § 8.14(a), 3-26-74; Ord. No. 2-83, § 7, 2-23-83; Ord. No. 1-84, § 6(a), 3-1-84; Ord. No. 2-05, § 1, 5-10-05; Ord. No. 1-06, § 6, 3-14-06; Ord. No. 4-08, § 12, 4-7-08; Ord. No. 5-09, § 31, 4-15-09)

Normal maintenance repair and incidental alteration of a structure containing a nonconforming use is permitted under this chapter, provided it does not extend the area or volume of space occupied by the nonconforming use.

(Ord. No. 2-74, § 8.14(b), 3-26-74; Ord. No. 2-83, § 7, 2-23-83; Ord. No. 1-84, § 6(a), 3-1-84)

(a)

Abandonment. Under this chapter, the discontinuance of a nonconforming use with the intention of the owner thereof to terminate the use for any period of time is an abandonment. Likewise, the discontinuance of a nonconforming use for a period of two years without the intention of the owner thereof to discontinue the use and/or the change of a use to a more restricted or conforming use for any period of time shall be considered an abandonment thereof, and such nonconforming use shall not thereafter be revived.

(b)

Destruction or partial destruction. When 50 percent or more of the existing floor area of a nonconforming building or structure occupied by a nonconforming use is unintentionally damaged or destroyed, such as by an act of terrorism or war or fire or other casualty, or act of God or nature, or the acts of the owner thereof, the use of such building or structure as a nonconforming use shall immediately be terminated. If a town-designated landmark which contains a nonconforming use is destroyed by fire or other casualty or act of God, to the extent of more than 50 percent as determined by floor area prior to its destruction, such designated landmark may be reconstructed in its original location to its original size and configuration and the nonconforming use may continue.

(Ord. No. 2-74, § 8.15, 3-26-74; Ord. No. 2-83, § 7, 2-23-83; Ord. No. 1-95, § 3, 1-23-95; Ord. No. 1-2015, § 1, 2-11-15)

(a)

A building or structure, lawfully in existence at the effective date of the ordinance from which this chapter is derived, which shall be made nonconforming at the passage of this chapter or any applicable amendment thereto, may be continued except as otherwise provided in this article.

(b)

A building or structure is, for the purposes of this chapter, nonconforming if the building or structure or any physical characteristics thereof is not in full compliance with all regulations of the zoning district in which it is situated.

(c)

The intent of this division is to exempt town-owned municipal buildings and structures which are at least 50 years old from article IV, Nonconformities, division 3, Buildings and Structures.

(d)

It is further the intent that, by the provisions of this chapter or by amendments that may be adopted, there may exist buildings or structures which were lawful before this chapter was adopted or amended, but which would be prohibited, regulated or restricted under the terms of this chapter or future amendments thereto. It is the intent of this chapter to permit these nonconforming buildings and structures to exist until they are voluntarily removed, removed by abandonment, or otherwise removed as required by this chapter, but not to encourage their survival. Such nonconforming buildings and structures are allowed to be enlarged, expanded or extended, provided that said enlargement, expansion or extension meets all of the lot yard and bulk regulations for the zoning district in which the building or structure is located and provided that said enlargement, expansion or extension is not used as grounds for adding other buildings or structures prohibited elsewhere, in the same district.

(Ord. No. 2-74, § 8.20, 3-26-74; Ord. No. 2-83, § 2, 2-23-83; Ord. No. 26-10, § 13, 12-15-10; Ord. No. 02-2019, § 2, 3-19-19)

Cross reference— Definitions generally, § 1-2.

A building or structure which is nonconforming with any of the lot, yard and bulk, regulations may be enlarged, expanded or extended to occupy a greater area of land provided that the enlargement, expansion or extension complies with all lot, yard and bulk regulations for the zoning district in which the building or structure is located. This section shall not apply to a building or structure which is demolished by more than 50 percent, as provided for in section 134-419(1), in preparation for any proposed enlargement, expansion, or extension of a building or structure.

(Ord. No. 2-74, § 8.21, 3-26-74; Ord. No. 2-83, § 7, 2-23-83; Ord. No. 26-10, § 14, 12-15-10; Ord. No. 04-2018, § 5, 4-11-18)

For any building or structure or part thereof, in which a nonconformity of the building or structure or part thereof is altered, changed or replaced by a conforming building or structure, the terminated nonconformity shall not thereafter be resumed nor shall any additional nonconformity be permitted.

(Ord. No. 2-74, § 8.22, 3-26-74; Ord. No. 2-83, § 7, 2-23-83; Ord. No. 26-10, § 15, 12-15-10)

No nonconforming building or structure shall be enlarged, extended, reconstructed or structurally altered except, as provided for in sections 134-416, 134-417 and 134-418, or when required to do so by law in accordance with the following:

(1)

Voluntary demolition, restoration and reconstruction. A nonconforming building and/or structure may be demolished, restored as before, enlarged, extended, expanded and reconstructed provided that such demolition, restoration, enlargement, extension, expansion or reconstruction does not result in any of the following cumulatively occurring within five years of passing a final inspection:

a.

The loss of more than 50 percent of an exterior wall square footage, including fixed windows, on an entire north, south, east or west elevation:

b.

The loss of more than 50 percent of the roof truss area (with all of the roof measured as though flat):

In addition, any enlargement, extension or expansion of a nonconforming building or structure is required to meet current lot, yard and bulk regulations in chapter 134, Zoning.

All demolition, restoration, enlargement, extension, expansion or reconstruction shall be completed within the time schedule set forth in the construction schedule section 105.4.1.6 of the Florida Building Code. In the event such demolition, restoration, enlargement, extension, expansion or reconstruction is not completed within the timeframe required by the building code, construction shall cease and shall not resume until the town council decides the remedy for noncompliance, and review and approves a completion schedule.

(2)

Alteration and repairs. Normal maintenance and repair and incidental alteration of a nonconforming building or structure is permitted, provided it does not increase the area, volume or size. Replacement of only operable windows and/or doors exceeding the parameter in (1)a and b above is permitted provided the openings of such windows and/or doors are not enlarged. A building used for single-family or multi-family residential purposes may be altered in any way to improve interior livability; provided, however, that no alterations shall be made which would increase the number of dwelling units. Single-family dwellings may be added onto or partially demolished in accordance with sections 134-794, 134-844, 134-894, 134-1005 and 134-1060.

(3)

Minimum flood elevation. A nonconforming building may be raised to meet, but not exceed, the minimum town flood elevation provided that all of the following conditions are met:

a.

There is no increase in height as measured from the raised finished floor to the bottom of the top chord of the roof framing member for a pitched roof and the ceiling of a flat roof does not get any taller;

b.

There is no increase in overall height as measured from the raised finished floor elevation to the top of the roof for pitched roof, and top of the ceiling and parapet for a flat roof is not any taller;

c.

The building footprint within the required setbacks is no larger, and is no closer to the property line than it was prior to being raised; and

d.

Any new additions shall meet existing lot, yard and bulk regulations.

(Ord. No. 2-74, § 8.23, 3-26-74; Ord. No. 2-83, § 7, 2-23-83; Ord. No. 1-84, § 6(b), 3-1-84; Ord. No. 1-98, § 13, 2-9-98; Ord. No. 2-05, §§ 2, 3, 5-10-05; Ord. No. 1-06, § 7, 3-14-06; Ord. No. 1-07, § 2, 4-10-07; Ord. No. 4-08, § 13, 4-7-08; Ord. No. 5-09, § 32, 4-15-09; Ord. No. 26-10, § 16, 12-15-10; Ord. No. 4-2011, § 1, 7-13-11; Ord. No. 4-2016, § 1, 4-13-16; Ord. No. 04-2018, § 6, 4-11-18)

(a)

Any nonconforming building or structure which is unintentionally damaged or destroyed, such as by an act of terrorism or war or fire or other casualty, or act of God or nature, can be reconstructed in its original location to its original size and configuration provided that the property owner of said building or structure (i) commences with reasonable promptness following such damage or destruction to obtain the necessary permits and approvals for such reconstruction and thereafter continues with reasonable diligence to obtain such permits and approvals, and (ii) begins construction within five years of said unintentional damage or destruction and provided further that for residential use, the property does not exceed the existing density and for commercial use it does not exceed the existing or allowed intensity and/or density by Code. In addition, if said building or structure did not meet the town's minimum flood elevation requirements, the rebuilt building or structure shall be raised to meet said requirements if required by law.

(b)

If a nonconforming building or structure is located partially or entirely east of the coastal construction control line, said building or structure may be rebuilt in its original location to its original location, size and configuration, density and/or intensity provided it meets all state and federal requirements for a building and/or structure located east of the coastal construction control line.

(Ord. No. 2-74, § 8.24, 3-26-74; Ord. No. 2-83, § 7, 2-23-83; Ord. No. 1-93, § 5(b), 2-8-93; Ord. No. 1-98, § 14, 2-9-98; Ord. No. 1-04, § 4, 3-9-04; Ord. No. 4-2011, § 1, 7-13-11)

Editor's note— Ord. No. 4-2011, § 2, adopted July 13, 2011, changed the title of section 134-420 from "Destruction or partial destruction" to "Unintentional damage or destruction or partial destruction." The historical notation has been preserved for reference purposes.

(a)

Vacant land located in any zoning district which does not conform to the minimum requirements of lot dimension or lot area as required by the schedule of lot, yard and bulk regulations for the district as given in article VI of this chapter may be developed or redeveloped as allowed in subsections (b) and (c) provided that multi-family residential use and single-family residential use does not exceed the maximum density allowed for the site, as identified in chapter 134 and the Future Land Use Element in the town's comprehensive plan. Development of a single-family residential dwelling unit on a vacant residentially zoned lot which has existed in the same configuration for a minimum of 30 years is allowed subject to subsection (b) or (c), whichever is relevant.

(b)

The development or redevelopment of land which does not conform to the requirements of lot dimension or lot area requirements in the R-C, R-D(1), R-D(2), C-TS, C-WA, C-OPI, C-PC, C-B and PUD zoning districts shall be subject to an application to the town council for a variance. A variance to develop or redevelop on a lot that is deficient in lot area or dimension cannot be considered by the town council until the architectural commission has completed review of the project.

(c)

The development or redevelopment of land which does not conform to the requirements of lot dimension or lot area requirements in the R-AA, R-A and R-B zoning districts shall be subject to an application to the town council for special exception and/or site plan review as provided for in subsections 134-793(b), 134-843(b) and 134-893(b). A special exception and/or site plan review to develop or redevelop on a lot that is deficient in lot area or dimension cannot be considered by the town council until the architectural commission has completed review of the project.

(Ord. No. 26-10, § 17, 12-15-10; Ord. No. 4-2016, § 2, 4-13-16)