In the provisions established by this Code, there exist uses of land, structures, lots of record, and other site features that were lawfully established before this Code was adopted or amended, that do not conform to its terms and requirements. It is the general policy of the city to allow such uses, structures, lots of record, and other site features to continue to exist. It also is the policy of the city to bring as many nonconformities into conformance with this Code as is reasonably practicable, subject to the requirements of this article. The purpose and intent of this article is to recognize the interests of the landowner in continuing to use the land, but to preclude the expansion of a nonconformity or reestablishment of a discontinued or substantially destroyed nonconformity unless allowing such expansion or reestablishment can serve as an incentive to achievement of even greater public benefit.

   A.   Definitions

      1.   Nonconforming use

   Any use of land, building, sign, or other structure that lawfully existed before adoption of this Code, or subsequent amendment thereto, but does not comply with the use standards applied by this Code.

      2.   Nonconforming structure

   Any building or other structure that lawfully existed before adoption of this Code, or subsequent amendment thereto, but does not comply with the standards applied by this Code, or the subsequent amendment, that govern its size, height, coverage, setbacks, and other locational aspects.

      3.   Nonconforming lot of record

   Any lot of record that lawfully existed before adoption of this Code, or subsequent amendment thereto, but does not comply with the lot standards applied by this Code, or the subsequent amendment.

      4.   Nonconforming site feature

   Any off-street parking, landscaping, perimeter buffer , or screening that lawfully existed before adoption of this Code, or subsequent amendment thereto, but does not comply with the off-street parking, landscaping, perimeter buffer , or screening standards applied by this Code, or the subsequent amendment.

(Ord. 2012-64, passed 9-11-12; Am. Ord. 2013-73, passed 7-23-13)

This article applies to nonconformities created by initial adoption of, or amendments to, this Code. It also applies to a use, structure, lot of record, and other site feature that was a legal nonconformity under a similar provision of a previously applicable ordinance of the city or county and that remains nonconforming with one or more provisions of this Code, even if the type or extent of nonconformity is different.

(Ord. 2012-64, passed 9-11-12)

Nonconformities are allowed to continue, and are encouraged to receive routine maintenance in accordance with the requirements of this article as a means of preserving safety and appearance.

(Ord. 2012-64, passed 9-11-12)

In all cases, the burden of establishing that a nonconformity lawfully exists shall be the responsibility of the owner of the land on which the nonconformity is located.

(Ord. 2012-64, passed 9-11-12)

No change of title or possession or right to possession of land involved shall be construed to prevent the continuance of such nonconformity.

(Ord. 2012-64, passed 9-11-12; Am. Ord. 2013-73, passed 7-23-13)

Nonconforming uses are declared generally incompatible with the permitted uses in the district in which they are located and with the provisions of this Code. Nonconforming uses shall be subject to the standards in this Part.

(Ord. 2012-64, passed 9-11-12)

Except as otherwise provided in Section 155.7305, Exceptions for Nonconforming Structures in Transit Oriented District, a nonconforming use shall not be extended, expanded, or moved to occupy a different area. An existing nonconforming use may extend into any portion of a structure that was clearly designed or arranged for such use when the use became nonconforming.

(Ord. 2012-64, passed 9-11-12; Am. Ord. 2013-75 , passed 9-24-13)

A nonconforming use may only be changed to a use that is permitted in the zoning district in which it is located. Once a nonconforming use is converted to a conforming use, it shall not be changed back to a nonconforming use.

(Ord. 2012-64, passed 9-11-12; Am. Ord. 2013-75 , passed 9-24-13)

   A.   If a nonconforming use ceases to operate or is discontinued for a period of six consecutive months or longer, or for 18 months during any three-year period, it shall not be reestablished and shall only be replaced with a conforming use.

   B.   Time spent renovating or repairing a structure devoted to the nonconforming use is not considered a discontinuance of the use, provided:

      1.   All appropriate development permits are obtained;

      2.   The renovation or repair is completed within 18 months after commencement of the repair or renovation;

      3.   The use is reestablished within one month after completion of the renovation or repairs; and

      4.   Any discontinuance of use caused by government action and without the contributing fault by the nonconforming user shall not be considered in determining the length of discontinuance.

(Ord. 2012-64, passed 9-11-12)

   A.   Enlargement, Relocation, or Structural Alteration

A conforming structure used for a nonconforming use shall not be enlarged, reconstructed, relocated, or structurally altered unless the use of the structure is changed to a use allowed in the zoning district in which the structure is located.

   B.   Minor Repairs and Maintenance

Minor repairs and normal maintenance that are required to keep conforming structures used for nonconforming uses and nonconforming structures used for nonconforming uses in a safe condition are permitted, provided the minor repairs and maintenance do not extend, expand, or enlarge the nonconforming use and the cumulative costs of such repairs or maintenance in any 12-month period do not exceed ten percent of the fair market value of the structure being repaired or maintained. For the purposes of this subsection, "minor repair or normal maintenance" shall mean:

      1.   Repairs that are necessary to maintain conforming structure used for nonconforming uses in a safe condition; and

      2.   Maintenance of land areas to protect against health hazards and promote the safety of surrounding uses.

   C.   Reconstruction or Restoration of Damaged Structure Used for Nonconforming Use

The reconstruction or repair of a damaged conforming structure used for a nonconforming use shall be subject to the following provisions.

      1.   Damage up to 50 Percent of Value

   If a conforming structure used for a nonconforming use is damaged by fire or other casualty to an extent whereby the cost of restoring the structure to its before-damaged condition would be 50 percent or less of its fair market value before the damage, the structure may be reconstructed or repaired, and the nonconforming use continued, if:

         a.   The reconstruction does not increase, expand, enlarge, or extend the degree of nonconformity; and

         b.   The reconstruction is actually begun within one year after the damage and is diligently pursued to completion.

      2.   Damage Greater than 50 Percent of Value

   If a conforming structure used for a nonconforming use is damaged by fire or other casualty to an extent whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50 percent of its fair market value before the damage occurred, the structure shall not be reconstructed or used except in conformity with the provisions of this Code.

(Ord. 2012-64, passed 9-11-12; Am. Ord. 2013-73, passed 7-23-13)

A nonconforming principal structure containing a conforming use may only continue in accordance with the provisions of this Part. Nonconforming structures housing nonconforming uses may only continue in accordance with the standards in Part 2 (Nonconforming Uses) of this article.

(Ord. 2012-64, passed 9-11-12)

   A.   Nonconforming Structure Used for Conforming Use

A nonconforming structure used for a conforming use shall not be enlarged or structurally altered in any way that increases the nonconformity. (For example, a structure that has a side yard setback of five feet where the Code requires a minimum side yard setback of ten feet cannot be enlarged so as to further encroach into the required side yard.) Enlargement, expansion, or alteration of the structure in a way that complies with applicable dimensional standards, or alteration of the structure in a way that decreases the degree of nonconformity, is permitted. Repairs and maintenance to the nonconformity that are required to keep the nonconformity in a safe condition are permitted.

   B.   Nonconforming Structure Used for Nonconforming Use

A nonconforming structure used for a nonconforming use shall not be enlarged or structurally altered in any way, including enlargement, expansion, or alteration of the structure in a way that complies with applicable dimensional standards, or alteration of the structure in a way that decreases the degree of nonconformity. A nonconforming structure used for a nonconforming use shall comply with the Minor Repairs and Maintenance standards in Section 155.7205.B, Minor Repairs and Maintenance.

(Ord. 2012-64, passed 9-11-12; Am. Ord. 2013-73, passed 7-23-13)

A nonconforming structure shall not be moved, in whole or in part, to another location on or off the parcel of land on which it is located, unless the entire structure thereafter conforms to the requirements of this Code.

(Ord. 2012-64, passed 9-11-12)

Except as otherwise provided in Section 155.7305, Exceptions for Nonconforming Structures in Transit Oriented District, the reconstruction or repair of a damaged nonconforming structure shall be subject to the following provisions.

   A.   Damage up to 50 Percent of Value

If a nonconforming structure is damaged by any means to an extent whereby the cost of restoring the structure to its before-damaged condition would be 50 percent or less of the structure's fair market value before the damage, the structure may be reconstructed or repaired if:

      1.   The reconstruction or repair does not increase, expand, enlarge, or extend the degree of nonconformity; and

      2.   The reconstruction or repair is actually begun within one year after the damage and is diligently pursued to completion.

      1.   Except as otherwise provided in subsection 2. below, if a nonconforming structure is damaged by any means to an extent whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50 percent of the structure's fair market value before the damage, the structure shall not be reconstructed or repaired except in conformity with the provisions of this Code.

      2.   Exceptions

         a.   A multifamily residential development that exceeds the allowed density of a nonresidential zoning district but is in compliance with the underlying residential land use category, shall be permitted to be restored to the condition it was in if such structure(s) located on the development site is damaged by any means by more than fifty percent (50%) of its replacement value or more than fifty percent (50%) of the gross floor area of the existing structure(s), in accordance with the following:

            i.   The total number of dwelling units to be provided in the rebuilt structure(s) shall not exceed the total number of dwelling units previously existing in the same structure prior to the destruction.

            ii.   The dimensions of the rebuilt structure(s) on the development site shall be permitted based on what previously existed in the same structure(s) prior to the destruction and shall not result in an increase in nonconformity as it relates to all other provisions of the city’s zoning regulations.

            iii.   Such redevelopment shall meet all applicable public safety codes in effect at the time of redevelopment including the building code, aviation-related height limitations, flood elevation, hurricane evacuation, natural resource protection including those related to beaches, marine resources and sea level rise.

   C.   Determination of Structure Value

Fair market value of a structure shall be based on a market appraisal submitted by the applicant that is performed by a certified appraiser, at the applicant's expense. On determining that the applicant's market appraisal is inaccurate, the Development Services Director may reject it and base the structure's value on the average of values determined by the applicant's market appraisal and a second market appraisal performed by a certified appraiser at the city's expense.

(Ord. 2012-64, passed 9-11-12; Am. Ord. 2013-75 , passed 9-24-13; Am. Ord. 2021-82, passed 7-27-21)

Within the Transit Oriented district, an existing nonconforming structure may be enlarged or structurally altered, or reconstructed or repaired after damage, without regard to the limitations in Section 155.7202, Extension, Expansion, or Relocation, and Section 155.7304, Reconstruction or Repair after Damage subject to approval by the Development Services Director based on the following findings:

   A.   The gross floor area of the structure is not increased by more than 15 percent;

   B.   The enlargement or structural alteration, or the reconstruction or repair, is compatible with the character of the surrounding neighborhood.

   C.   The enlargement or structural alteration, or the reconstruction or repair, is reasonably consistent with the comprehensive plan and adopted redevelopment plans for the TO district.

(Ord. 2012-64, passed 9-11-12; Am. Ord. 2013-75 , passed 9-24-13)

No use or structure shall be established on a nonconforming lot of record except in accordance with the standards in this section.

(Ord. 2012-64, passed 9-11-12)

   A.   Conforming structures legally established on a nonconforming lot of record before January 1, 2013 may be continued, enlarged, extended, reconstructed, or structurally altered in any way that is in conformance with the standards of this Code.

   B.   Nonconforming structures legally established on a nonconforming lot before January 1, 2013 may be continued, enlarged, or redeveloped only in accordance with the standards in Part 3 (Nonconforming Structures) of this article.

(Ord. 2012-64, passed 9-11-12)

   A.   General

Notwithstanding limitations imposed by other provisions of this Code, and except as otherwise provided in subsection 2 below, a vacant nonconforming lot may be used for any use permitted in the zoning district in which the lot is located, or as the site for any structure containing such a permitted use, provided:

      1.   The lot shall be at least 40 feet wide; and

      2.   The lot and permitted structures and uses shall comply with all other applicable standards of the zoning district in which the lot is located.

   B.   Exception in RS- Districts

A vacant nonconforming lot in a Single-Family Residential (RS-) zoning district that fails to comply with the district's minimum lot area standard may only be used as the site for one single-family dwelling and associated permitted accessory structures.

(Ord. 2012-64, passed 9-11-12)

Conforming lots subject to governmental acquisition of a portion of the lot for a public purpose that results in the lot becoming nonconforming because it no longer complies with lot area or width standards of the district shall be deemed conforming upon receipt of a Zoning Compliance Permit in accordance with Section 155.2413, Zoning Compliance Permit, and the following standards:

   A.   The development proposed complies with the use tables in Article 3: Zoning Districts;

   B.   The development proposed complies with the dimensional standards of this Code to the maximum extent practicable;

   C.   The development proposed is designed to comply with the parking and landscaping standards of this Code to the maximum extent practicable;

   D.   The development proposed complies with all other standards and requirements of this Code; and

   E.   The proposed development is designed and located in a way that is compatible with surrounding development.

(Ord. 2012-64, passed 9-11-12)

The purpose of this section is to provide a means whereby the city may require certain nonconforming site features to be brought into compliance with the standards of this Code as part of remodeling or expansion of a structure.

(Ord. 2012-64, passed 9-11-12)

   A.   For purposes of this section, the term "nonconforming site features" includes the following:

      1.   Nonconforming off-street parking;

      2.   Nonconforming landscaping (including perimeter buffers);

      3.   Nonconforming screening;

      4.   Nonconforming landscaping of walls or fences; and

      5.   Nonconforming exterior lighting.

   B.   Nonconforming site features, as provided for in this section, shall be addressed for all two-family and multi-family developments and non-residential development if the following conditions are met:

      1.   The development site contains one or more nonconforming site features identified in subsection A above; and

      2.   An application is filed for a Building Permit for an addition or expansion to a structure or use and the addition or expansion increases the gross square footage of the structure or use area by 15 percent in any continuous five-year period.

   C.   The Development Services Director may develop administrative guidelines to assist in the implementation of this section, including guidelines for the resolution of conflicts when it may not be possible for one or more types of nonconforming site features to be brought into compliance with the requirements of this Code because of particular site constraints or impacts on adjacent properties.

   D.   The provisions in this Part apply in addition to the requirements applicable to certain existing developments as set forth in Section 155.5203.A.2.a, Development Without a Prior Landscape Plan Approved on Record, or Existing Prior to 1974, for landscaping, in Section 155.5301.A.1.b Existing Development Screening Standards, for screening of mechanical equipment, and in Section 155.5301.C.1.b, Existing Multifamily and Nonresidential Development, for screening of dumpsters.

(Ord. 2012-64, passed 9-11-12; Am. Ord. 2013-73, passed 7-23-13; Am. Ord. 2014-16, passed 1-28-14; Am. Ord. 2019-110, passed 9-24-19; Am. Ord. 2020-56, passed 5-26-20)

Any fence existing on a vacant lot as of January 1, 2013 that is made nonconforming by Section 155.5302.C.1, Fences Prohibited on Vacant Lots, shall be removed or made conforming within two years after that date.

(Ord. 2012-64, passed 9-11-12)

   A.   Additions and Expansion Less than 15 Percent

Additions or expansions to a structure or use area in any continuous five-year period that increase the gross square footage of the structure or use area (measured at the beginning of the five-year period) by 15 percent or less shall not require any upgrading of the nonconforming site features identified in Section 155.7502.A.

   B.   Additions and Expansions Between 15 and 50 Percent

Additions or expansions to a structure or use area in any continuous five-year period that increase the gross square footage of the structure or use area (measured at the beginning of the five-year period) by more than 15 percent but less than 50 percent shall require nonconforming site features identified in Section 155.7502.A to be installed or upgraded towards compliance with the standards of this Code by a corresponding percentage of full compliance, up to achievement of 100 percent compliance.

   C.   Additions and Expansions Greater than 50 Percent

Additions or expansions to a structure or use area in any continuous five-year period that increase the gross square footage of the structure or use area (measured at the beginning of the five-year period) by more than 50 percent shall require all nonconforming site features identified in Section 155.7502.A to be installed or upgraded to achieve 100 percent compliance with the standards of this Code.

   D.   Additions and Expansions of Outdoor Use Areas Only

When only outdoor operations, storage, and display areas are being added or expanded on a site, the percentage increase in the gross square footage of the outdoor operations, storage, and display areas shall require perimeter buffers and screening to be installed or upgraded towards compliance with the standards of this Code by a corresponding percentage of full compliance. The increased perimeter buffer and screening shall be located so as to achieve the performance objectives in Section 155.5203, Landscaping, and Section 155.5301, Screening with priority given to screening the impacts of outdoor operations.

(Ord. 2012-64, passed 9-11-12)

Where full compliance with the requirements of this section is precluded by a lack of sufficient developable areas due to the size and layout of existing development or the presence of significant wetlands, floodplains, watercourses, or other significant environmental constraints on development, the applicant shall comply with the requirements of this section to the maximum extent practicable, as determined by the Development Services Director.

(Ord. 2012-64, passed 9-11-12)