It is the purpose and intent of this Section to permit any lawfully established lot, building and other structures (all deemed "buildings" hereunder), or use, existing as of the effective date of this Article, or of amendments thereto, which do not conform to the adopted regulations of the district in which it is located, to continue as a nonconformity, except as otherwise provided herein.

(Ord. No. 3748, § 3, 10-28-2010; Ord. No. 4079, § 1(Att. A)14., 3-14-2019)

(A)

VESTED RIGHTS. Any building designed for a nonconforming use for which a building permit has been lawfully granted prior to the effective date of this Article, or of amendments thereto, may be completed in accordance with the approved plans; provided construction is started within one hundred and eighty-two (182) days of the date of issue of the building permit and the permit remains valid. Necessary changes during the construction period of the permit will be permitted; such changes need not conform to the newly adopted Article or amendments thereto but must meet the regulations that were in force at the time of issuance of the building permit. Such building designed for a nonconforming use, shall thereafter be deemed a lawfully established building. Any nonconforming use of the building shall be subject to the provisions of this Section. This Subsection is not intended to extend the effective time of any building permit granted pursuant to this Article, or any ordinance, rule, or regulation of the City.

(B)

DISCONTINUANCE OF USE. Nonconforming uses shall not be permitted to continue if said use becomes subject to the following conditions:

1.

Period of Discontinuance. Whenever a nonconforming use has been discontinued for a period of twelve (12) consecutive months, except as provided under (I), "Damage - Destruction" such use shall not be re-established. This condition shall not apply to residential uses, which may continue to exist until the nonconforming residential use is converted to a conforming use.

2.

Discontinuance of Use on Undeveloped Land. Undeveloped land, used in this context, shall refer to land that does not contain any enclosed building. Discontinuance of a nonconforming use on undeveloped land for a period of one hundred and twenty (120) consecutive days constitutes abandonment, after which use of said undeveloped land shall conform with the regulations of the applicable zoning district, except when the nonconforming use is either farming, agriculture or animal husbandry, such use may be re-established, if done so within a period of twelve (12) months from the date of discontinuance.

(C)

CONVERSION TO NONCONFORMING USE NOT PERMITTED. Whenever a nonconforming use is changed to, or replaced by, a use conforming to the provisions of this Article, such nonconforming use shall not be re-established.

(D)

CHANGE OF NONCONFORMING USE. The nonconforming use of any building, or portion thereof may be changed to another nonconforming use of equal or lesser intensity, if the City Council, or Community Redevelopment Agency if located within the Community Redevelopment Area, determines after the conclusion of a public hearing, that the building is structurally and uniquely designed for a nonconforming use, and/or the site is also designed for a nonconforming use, and that the proposed change in use is of equal or lesser intensity. Notice for the public hearing shall be as prescribed for waivers under Section 18-1534, Public Notice Requirements.

In determining whether a change in nonconforming use is of equal or lesser intensity, the appropriate board shall consider parking requirements and traffic generation, the characteristics of the use itself, infrastructure demand, and compatibility with neighboring uses.

In determining whether a building is structurally and uniquely designed for a nonconforming use, the appropriate reviewing board shall consider the adaptability of the structural building design and site layout for conforming uses, but without consideration of interior partition wall layout, portable furnishings or portable equipment. An example of a building structurally designed for a unique use is an auditorium with sloped floor, fixed seating, balconies, orchestra pit and elevated stage. Other examples of both buildings and their sites designed uniquely for specific uses include some very small fast-food restaurants as characterized by their small shell, small site and drive-thru lanes; marinas; dead/long-term storage warehouses with remote location and insufficient parking area to accommodate other uses; service stations with motor fuel pumps; and, buildings structurally designed for a specific heavy-industrial use, which buildings are not adaptable to other use types.

When reviewing an application for a change of nonconforming use, the appropriate reviewing board may approve, approve with conditions or safeguards, or deny the proposed change of nonconforming use. The approval of the change of nonconforming use shall not become effective except by a majority vote of the City Council or, if applicable, by the Community Redevelopment Agency.

Violation of such conditions and safeguards, when made a part of the terms under which the change of nonconforming use is granted, shall be deemed a violation of this Article and punishable as such.

(E)

ADDITIONS—EXPANSIONS. Buildings containing nonconforming uses may make such additions, or expand the space occupied by a nonconforming use located within a building, in order to provide for the natural expansion of the nonconforming use, as determined by City Council, or if appropriate, by the Community Redevelopment Agency, should the use be located within the Community Redevelopment District. Refer to Subsection (D), above, for public hearing procedures and criteria to be considered by the reviewing agency.

In granting approval of any addition or expansion, the City Council or Community Redevelopment Agency may prescribe appropriate conditions and safeguards in conformity with this Article. Violation of such conditions and safeguards, when made a part of the terms under which the addition or expansion of a building containing a nonconforming use is granted, shall be deemed a violation of this Article and punishable as such.

Exception: Nonconforming single-family detached dwellings shall not be required to meet the public hearing requirement noted in (D) above when the proposed expansion involves the following accessory uses customarily found in residential developments: screen rooms, carports, utility sheds, swimming pools, pool cages, decks, and patios. All other expansions to a nonconforming single-family detached dwelling must meet applicable Code requirements, including but not limited to, review and approval at a public hearing by the appropriate reviewing agency.

(F)

MOVING. A nonconforming use can be moved within the lot of record upon which situated, as it existed on the effective date of this Article, provided the relocation of the use complies with all property development standards and requirements of this Article, other than those pertaining to lot size and dimensions.

(G)

ENCROACHMENT NOT PERMITTED. Nonconforming uses may not be enlarged or extended in such a way as to occupy any land beyond the boundaries of the lot upon which it is situated, as it existed on the effective date of this Article.

(H)

REPAIR—ALTERATIONS. Normal maintenance of a building containing a nonconforming use is permitted, including necessary structural repairs and interior or exterior alterations which do not increase the exterior size of the building. This provision shall not be interpreted to prohibit the exterior repair or alteration of a building by means of the use of aluminum siding or similar material or where the installation meets energy efficiency codes.

(I)

DAMAGE—DESTRUCTION. If a building containing a nonconforming use is damaged or destroyed by any means beyond the control of the owner, such damaged building can be rebuilt as originally constructed. The building may be restored to its original configuration and the occupancy or use of such building which existed at the time of such destruction may be continued. However, said building must meet current Code requirements of Florida Building Code, as it may be amended from time to time, as well as the requirements of Article 8, Flood Damage Control, Land Development Code. In any event, restoration or repair of the building must have commenced within a period of twelve (12) months from the date of damage or destruction, and diligently pursued to completion, provided that in the event of a natural disaster, the City Manager may extend this timeframe for all buildings within the City as needed to accommodate recovery on a large-scale.

(J)

REPLACEMENT OF NONCONFORMING MOBILE HOME DWELLINGS. The replacement of mobile home dwellings, and accessory uses normally associated with said use such as screen rooms or carports, located within an established manufactured home park that is nonconforming to the zoning district, shall not be required to meet the public hearing requirement of (D) above. Any mobile home that is destroyed or damaged to the extent that its repair will cost more than fifty (50) percent of its value, as determined by the building official using FEMA Form 086-0-17 or more recent FEMA worksheet, may only be replaced by a manufactured home or a conforming structure. Setbacks for said replacement mobile home dwelling or accessory use shall follow the requirements established within the "T-2" Manufactured Home Park zoning district. However, sheds with a dimension of less than ten (10) feet by ten (10) feet may be established on the property line pursuant to Section 18-1530.2, "Accessory Buildings Not Permitted In Required Setbacks or Yards."

(K)

NONCONFORMING NUMBER OF DWELLING UNITS. In any zoning district, where a dwelling is nonconforming only as to the number of dwelling units it contains, said building may be altered or enlarged, provided the number of dwelling units are not increased, subject to the provisions of (E) above.

(Ord. No. 3748, § 3, 10-28-2010; Ord. No. 4079, § 1(Att. A)15., 3-14-2019)

(A)

VESTED RIGHTS. Any building for which a building permit has been lawfully granted prior to the effective date of this Article, or of amendments thereto, may be completed in accordance with the approved plans; provided construction is started within one hundred eighty-two (182) days of the date of issue of the building permit and remains valid. Necessary changes during the construction period of the permit will be permitted; such changes need not conform to the newly adopted Article or amendments thereto but must meet the regulations that were in force at the time of issuance of the building permit. Such building shall thereafter be deemed a lawfully established building. This Subsection is not intended to extend the effective time of any building permit granted pursuant to this Article, or any ordinance, rule, or regulation of the City.

(B)

REPAIR—ALTERATIONS. Normal maintenance of a nonconforming building is permitted, including necessary structural repairs and interior or exterior alterations which do not increase the nonconformity of the building.

(C)

DAMAGE—DESTRUCTION. If a nonconforming building is damaged or destroyed by any means, such damaged building may be rebuilt. The building may be restored to its original configuration. However, said building must meet current Code requirements for building and fire, as well as the requirements of Article 8 Flood Damage Control, Land Development Code. In any event, restoration or repair of the building or other structure must have begun construction within a period of twelve (12) months from the date of damage or destruction and diligently pursued to completion, provided that in the event of a natural disaster, the City Manager may extend this timeframe for all buildings within the City as needed to accommodate recovery on a large-scale.

(D)

DISTANCE FROM RESIDENTIAL USES. In any commercial or industrial district, where a building is located closer to a residential or mixed use zoning district than permitted in the regulations for the district, such building may be increased in size, but not in the direction of the subject residential or mixed use district.

(E)

NONCONFORMING ACCESSORY STRUCTURES. Accessory structures, limited to equipment such as air-conditioners, heat pumps, pool pumps, and fuel oil or propane gas tanks, nonconforming as to required setbacks, may be replaced with like equipment in the same location at the existing nonconforming setback.

(F)

NONCONFORMING MOBILE HOME STRUCTURES. Mobile home structures, including accessory carports and/or screen rooms, nonconforming as to required setback, may be replaced with another like structure in the same location as the existing nonconforming setback. Mobile homes may only be replaced with a manufactured home or other conforming structure.

(G)

EXPANSION. A nonconforming building may be increased in size, but not in such a manner as to increase the dimensional nonconformity, except as hereinafter provided:

1.

Floor Area Ratio: See Section 18-1503.10 "Transfer of Development Rights" for lots located within the Community Redevelopment District (CRD) Land Use Plan Map category.

2.

Any additions directly connected and being made a part of a nonconforming building existing as of August 14, 1997, may be constructed in a manner that will maintain the yard setback requirements in effect at the time such building was originally constructed and as evident at the time of application for such addition, except that no such additions shall encroach upon the "visibility triangle" as defined by Sec. 18-1502.2, "Definitions."

3.

Lot Coverage: When lot coverage is nonconforming, the lot coverage of any building or improvement shall not be increased unless there is a proportionate reduction on another portion of the site. Should the principal building be removed from the site, the site shall be made to conform with the maximum lot coverage allowance. See also Sec. 18-1530.18 "Master Stormwater Retention/Detention Ponds, Crediting Against Maximum Lot Coverage (Industrial Zoning Districts)" and Section 18-1503.1 "Transfer of Development Rights" for sites located within the Community Redevelopment District (CRD) Land Use Plan Map category.

4.

Special Yard Setbacks to Apply in all Zoning Districts for Additions to Buildings in Existence as of August 14, 1997. Any additions directly connected and being made a part of a nonconforming building existing as of August 14, 1997, may be constructed in a manner that will maintain the yard setback requirements in effect at the time such building was originally constructed and as evident at the time of application for such addition, except that no such additions shall encroach upon the visibility triangle as set forth in Section 18-1503.11.

(Ord. No. 3748, § 3, 10-28-2010; Ord. No. 4079, §§ 1(Att. A)11., 1(Att. A)16., 3-14-2019; Ord. No. 4093, § 4, 11-26-2019)

Editor's note— See note to § 18-1503.10.

(A)

SINGLE LOT. Any single lot which fails to meet the applicable district requirements for area, width, depth or other dimension, and where said lot was of record prior to the date of adoption of the current size and dimensional requirements for the subject district, (see the "Dimensional Regulations" section of the applicable zoning districts for applicable dates), and complied with all subdivision, platting and zoning regulations at the time of recordation, such lot shall be deemed nonconforming, and may be used for a permitted use in the subject districts subject to applicable regulations of the district other than said lot area and dimensional requirements except as provided in Section 18-1538 "Administrative Exceptions."

Any lot not in compliance with the minimum lot area and dimensional regulations at the time of its establishment on record, and any lot not in compliance with the platting or subdivision regulations at the time of its establishment on record shall be deemed an illegally created and substandard lot that cannot be developed unless combined with other lots to create one (1) conforming lot.

A nonconforming lot shall not be reduced in size or dimension such that the extent of any nonconformity is increased, or any new nonconformity is created.

(B)

MULTIPLE LOTS IN THE "R-1", "R-2", AND "R-3" DISTRICTS.

1.

Combination of Lots. Notwithstanding the foregoing, in the "R-1", "R-2", and "R-3" Districts, any of two (2) or more undeveloped nonconforming lots of record with continuous frontage on a street, under common ownership as of the date the lots became nonconforming, shall be considered as a single lot that shall not be utilized, developed, or transferred, by sale or otherwise, except as a single lot, except as provided below. As used in this Section, the term "undeveloped lot" shall mean any lot which is not improved with a permanent principal building suitable for human habitation or other intended use and shall include developed lots from which such permanent principal building is hereafter removed for any reason, including damage or destruction and not replaced in accordance with this Division.

Any such lots may be replatted, or undergo lot line adjustment pursuant to Section 18-101.5 of the Land Development Code into lots which meet or exceed all of the current minimum applicable dimensional regulations of that zoning district. The lot line adjustment procedure shall not be utilized if any new or additional right-of-way or access easement is created or if any extension of a City utility system is required.

2.

Appeal Procedures. In any case where the strict application of Subparagraph 1, above, would result in an undue hardship, City Council may waive said provisions, in whole or in part, provided that such waiver is not contrary to the public interest. The intent of the waiver process is to allow for consideration of the prevailing development pattern and potential of an area, including the extent of applicability of Subsection (B) to other properties in the area in order to determine whether requiring the combination of nonconforming lots serves a public purpose. The public purpose determination also includes consideration of the adequacy of infrastructure to serve the additional development that would be authorized by a waiver, and the economic impact to the City of granting the waiver. In determining whether such provisions should be wholly or partially waived, City Council shall consider the following criteria:

(a)

Character, existing aesthetic conditions, zoning, lot size, lot configuration, and use of the property in question and of other property in the vicinity. The existence of unimproved nonconforming lots in the vicinity shall not constitute grounds for the approval of a waiver.

(b)

Natural features of the property in question and of other property in the vicinity.

(c)

Adequacy of off-site infrastructure improvements.

(d)

Traffic impacts.

(e)

Economic impact to the City.

(f)

Ability to provide municipal services, including emergency services to the property in question and to other property in the vicinity.

(g)

Whether the hardship resulted in whole or in part from the actions of the applicant.

Further, before a waiver may be granted, City Council shall make a finding that based upon the foregoing factors, an undue hardship would result, and that the waiver is the minimum waiver that will alleviate such undue hardship. In addition, City Council must make a finding that the granting of the waiver will be in harmony with the general purpose and intent of this Article, and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare.

In granting any waiver, the City Council may prescribe appropriate conditions and safeguards as conditions thereof. Violation of such conditions and safeguards, when made a part of the terms under which waiver is granted, shall be deemed a violation of this Article and punishable as provided therein.

No petition for a waiver may be considered by the City Council until public notice has been given of a public hearing. Notice of the public hearing shall be as required by Section 18-1534, "Public Notice Requirements."

All applications for waivers to the provisions of this Section shall adhere to the administrative procedures as may be established from time to time by the City Manager. No such petition shall be processed or considered until the appropriate application fee as may be required by this Article has been paid to the City.

Whenever City Council has denied a waiver of the provisions of this Section, the City Council shall not consider any further waiver for the property in question or any part of said property for a period of one (1) year from the date of such denial. The time limit established herein may be waived by City Council, when such action is deemed necessary to prevent injustice or to facilitate development of the property.

(Ord. No. 3748, § 3, 10-28-2010; Ord. No. 4079, § 1(Att. A)17., 3-14-2019)