Palm Shores City Zoning Code
NONCONFORMITIES
§ 157.090 INTENT.
Within the districts established by this chapter, or amendments that may later be adopted, there exist lots, structures, uses of land and structures and characteristics of use which were lawful before this chapter was passed or amended, but which would be prohibited, regulated or restricted under the terms of this chapter or future amendments. It is the intent of this subchapter to permit these nonconformities to continue until they are removed, but not to encourage their continuation. The uses are declared by this chapter to be incompatible with permitted uses in the districts involved. It is further the intent of this subchapter that nonconformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district.
(2000 Code, § 66-141) (Ord. 75-01, passed 7-14-1975)
§ 157.091 EXTENSION AND ENLARGEMENT.
(A) A nonconforming use of a structure, a nonconforming use of land, or a nonconforming use of a structure and land shall not be extended or enlarged after July 14, 1975, by attachment on a building or premises of additional signs intended to be seen from off the premises, or by the addition of other uses of a nature that would be prohibited generally in the district involved; nor shall the use of the premises revert to a former use that is prohibited under this chapter.
(B) To avoid undue hardship, nothing in this chapter shall be deemed to require a change in the plan, construction or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption of this chapter.
(C) Actual construction includes the placing of construction materials in permanent position and fastened in a permanent manner.
(D) Where excavation or demolition or removal of an existing building has been substantially begun preparatory to rebuilding, the excavation or demolition or removal shall be deemed to be actual construction.
(2000 Code, § 66-142) (Ord. 75-01, passed 7-14-1975)
§ 157.092 NONCONFORMING LOTS OF RECORD.
In any district in which dwelling units are permitted, notwithstanding limitations imposed by other provisions of this chapter, dwelling units and customary accessory buildings may be erected on any lot of record at the effective date of adoption or amendment of this chapter. The lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. This provision shall apply even though the lot fails to meet the requirements for area or width, or both, that are generally applicable in the district, provided that yard dimensions and other requirements not involving area or width, or both, of the lot shall conform to the regulations for the district in which the lot is located. Variance of area, width or yard requirements shall be obtained only through action of the Board of Adjustment. If two or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of this chapter, the lands involved shall be considered to be an undivided lot for the purposes of this chapter; and no lot or portion of the lot shall be eligible for a development permit that does not meet lot width, depth and area requirements established by this chapter.
(2000 Code, § 66-143) (Ord. 75-01, passed 7-14-1975; Ord. 2012-13, passed 9-25-2012)
§ 157.093 NONCONFORMING USES OF LAND.
Where, at the effective date of adoption or amendment of this chapter, lawful use of land exists that is made no longer permissible under the terms of this chapter as enacted or amended, the use may be continued, so long as it remains otherwise lawful, subject to the following provisions.
(A) No 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 or amendment of this chapter unless the use is changed to a use permitted in the district in which use is located.
(B) No nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by the use at the effective date of adoption or amendment of this chapter.
(C) If any nonconforming use of land ceases for any reason for a period of more than 60 consecutive days, subsequent use of the land shall conform to the regulations specified by this chapter for the district in which the land is located.
(D) No additional structure that does not conform to the requirements of this chapter shall be erected in connection with the nonconforming use of land.
(2000 Code, § 66-144) (Ord. 75-01, passed 7-14-1975) Penalty, see § 157.999
§ 157.094 NONCONFORMING STRUCTURES.
Where a lawful structure exists at the effective date of adoption or amendment of this chapter that could not be built under the terms of this chapter by reason of restrictions on area, lot coverage, height, yards or other characteristics of the structure or its location on the lot, the structure may be continued so long as it remains otherwise lawful, subject to the following provisions.
(A) No structure may be enlarged or altered in a way which increases its nonconformity.
(B) Any structure or portion of the structure may be altered to decrease its nonconformity.
(C) Should the structure be destroyed by any means to any extent of more than 50% of its construction cost at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this chapter.
(D) Should the structure be moved for any reason and distance whatever, it shall thereafter conform to the regulations of the district in which it is located after it is moved.
(2000 Code, § 66-145) (Ord. 75-01, passed 7-14-1975) Penalty, see § 157.999
§ 157.095 NONCONFORMING USES OF STRUCTURES OR OF STRUCTURES AND PREMISES IN COMBINATION.
(A) If a lawful use involving individual structures, or of a structure and premises in combination, exists at the effective date of adoption or amendment of this chapter, that would not be allowed in the district under the terms of this chapter, 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 chapter 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 that were manifestly arranged or designed for the use at the time of adoption or amendment of this chapter, but no use shall be extended to occupy any land outside the 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 the structure is located; and the nonconforming use may not thereafter be resumed.
(4) 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.
(5) All nonconforming use of structures or of structures and premises in combination, except for residential uses, shall be discontinued; except that for each $500 of its assessed value on the date of issuance of a certificate of nonconforming use, the nonconformity shall be permitted to continue for a period of one year. In no event, however, shall any nonconformity involving a structure be required to discontinue before a period of three years; nor shall any nonconformity be permitted to continue for a period longer than 50 years, regardless of its assessed value.
(B) Nonconformities not involving the use of a principal structure, e.g., open storage, building supplies, vehicle, mobile home, implement and machinery storage, junkyards, commercial animal yards and the like, shall be discontinued within two years of the effective date of this chapter or amendment.
(2000 Code, § 66-146) (Ord. 75-01, passed 7-14-1975) Penalty, see § 157.999
§ 157.096 ABANDONMENT.
A nonconforming use of a building or premises that has been abandoned shall not thereafter be returned to the nonconforming use. A nonconforming use shall be considered abandoned when the:
(A) Intent of the owner to discontinue the use is apparent; or
(B) Characteristic equipment and the furnishings of the nonconforming use have been removed from the premises and have not been replaced by similar equipment within six months, unless other facts show intention to resume the nonconforming use, or when it has been replaced by a conforming use, or where the use is discontinued or abandoned six months or for 18 months during any three-year period.
(2000 Code, § 66-147) (Ord. 75-01, passed 7-14-1975)
§ 157.097 REPAIRS AND MAINTENANCE.
On any building devoted in whole or in part to any nonconforming use, ordinary repairs, or repair or replacement of non-load-bearing walls, fixtures, wiring or plumbing, may be done provided that the cubic content of the building as it existed at the time of passage or amendment of this chapter shall not be increased. Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any building declared to be unsafe by any official charged with protecting the public safety, upon order of the official.
(2000 Code, § 66-148) (Ord. 75-01, passed 7-14-1975)
§ 157.098 SPECIAL EXCEPTIONS.
Any special exception use as provided in this chapter shall not be deemed a nonconforming use but shall without further action be deemed a conforming use in the district; however, the special exception shall not be extended or expanded unless a special ordinance granting permission for the expansion or extension has been passed and adopted by the Town Council as required by the terms of this chapter in connection with the special exception procedure.
(2000 Code, § 66-149) (Ord. 75-01, passed 7-14-1975)
§ 157.099 TEMPORARY USES.
The casual, intermittent, temporary or illegal use of land or structures shall not be sufficient to establish the existence of a nonconforming use. The use shall not be validated by the adoption of this chapter unless it complies with the terms of this chapter.
(2000 Code, § 66-150) (Ord. 75-01, passed 7-14-1975)
§ 157.100 ADULT ENTERTAINMENT ESTABLISHMENTS.
The distance and dispersal requirements of section 66-15, shall not apply to adult entertainment establishments legally and lawfully existing and operating on the effective date of this chapter, but these establishments shall be deemed nonconforming. If any nonconforming adult entertainment establishment voluntarily ceases to do business for a period of 15 consecutive days, it shall be deemed abandoned and thereafter shall not reopen except in conformance with these distance and dispersal standards. However, no adult entertainment establishment shall expand the square footage or cubic footage of the establishment beyond its current dimensions.
(2000 Code, § 66-151) (Ord. 96-01, passed 1-29-1996) Penalty, see § 157.999