(a)

Within the districts established by this Unified Development Code (UDC) or amendments that may later be adopted there may exist lots, structures, uses of land or water and structures, and characteristics of use which were lawful before the UDC was adopted or amended, but which would be prohibited, regulated, or restricted under the terms of the UDC or future amendments.

(b)

Intent. It is the intent of the UDC:

(1)

To permit these nonconformities to continue until they are voluntarily removed, destroyed, or removed as required by the UDC.

(2)

To avoid undue hardship, nothing in the UDC shall be deemed to require a change in the plans, construction, or designated use of any building or property for which a valid building permit was lawfully issued prior to the effective date of the UDC.

(a)

Intent. Nonconforming uses are declared to be incompatible with permitted uses in the districts involved.

(b)

Casual, Temporary or Illegal Use. The casual, temporary, or illegal use of land or structures, or land and structures in combination, shall not be sufficient to establish the existence of a nonconforming use or to create rights allowing the continuance of such use.

(c)

Nonconforming Use of Lands or Waters. Where at the effective date of adoption or amendment of the UDC lawful use of lands or waters exists that would not be permitted under the UDC, the use may be continued, so long as it remains otherwise lawful, provided:

(1)

Movement, Alteration, Intensification. No nonconforming use of land not involving structures shall be moved in whole or part to adjacent property not containing such use, nor shall such use be altered or intensified by adding additional nonconforming uses within the confines of the property containing such nonconforming use on the adoption date or amendment date of the UDC.

(2)

Discontinuance. If any such nonconforming use ceases for any reason (except when governmental action impedes access to the premises) for a period of more than 365 consecutive days, any subsequent use of such land shall conform to the regulations specified by the UDC for the district in which such land is located.

(3)

Division or Structural Additions. No lot or parcel of land with a nonconforming use shall be subdivided, nor shall any structures be added on such lot.

(d)

Nonconforming Use of Structures. Where at the effective date of adoption or amendment of this UDC, lawful use of structures and premises exist, such use may be continued so long as it remains otherwise lawful and provided it meets all of the following requirements.

(1)

Enlargement, Extension or Alteration of Structures. No existing structure devoted to a use not permitted by the UDC in the district in which such use 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)

Extension of Use in Building Manifestly Designed for Such Use. Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use after the effective date of this UDC. Any nonconforming use which occupied a portion of a building not originally designed or intended for such use shall not be extended to any other part of the building. No nonconforming use shall be extended to occupy any additional building on the same lot or parcel not used for such nonconforming use after the effective date of this UDC.

(3)

Change in Tenancy or Ownership. There may be a change in tenancy, ownership, or management of a nonconforming use provided there is no change in the nature or character of such nonconforming use.

(4)

Change in Use to Equal or Lesser Nonconforming Use. If no structural alterations are made, any nonconforming use of a structure or of a structure and premises in combination may be changed to another nonconforming use of the same character, or to a more restricted but nonconforming use, provided the Board of Zoning Appeals shall find that the proposed use is equally or more consistent with the district than the existing nonconforming use and that the relationship of the structure to surrounding properties is such that adverse effects on occupants and neighboring properties will not be greater than if the existing nonconforming use is continued.

(5)

Discontinuance. If any nonconforming use of a structure, or structure and premises in combination, ceases for any reason, except where governmental action impedes access to the premises, for a period of more than 365 consecutive days, any subsequent use shall conform to the regulations for the district in which the use is located.

(6)

Division or Structural Additions. Premises which contain structures devoted to a nonconforming use as of the effective date of this UDC, shall not be divided, nor shall any additions be added to the premises, unless the nonconforming use is discontinued.

(7)

Destruction of Major Structure or Structures. Where nonconforming use status applies to a major structure or structures, or to a major structure or structures and premises in combination, removal or destruction of the structure or structures shall eliminate the nonconforming status of the land. "Destruction" of the structure for purposes of this paragraph is hereby defined as damage to an extent of more than 50 percent of the replacement cost at the time of destruction. Upon removal or destruction as set out in this paragraph, the use of land and structures shall thereafter conform to the regulations for the district in which such land is located.

(8)

Transmission Tower. For Transmission Towers, see Chapter 118, Article II, of the County Code.

(e)

Nonconforming Manufactured Home, Mobile Home or Recreational Vehicle. See Section 124-153(b).

(f)

No Additional Signs or Addition of Nonconforming Uses. A nonconforming use of a structure, a nonconforming use of land or water, or a nonconforming use of structure and land or water in combination shall not be extended or enlarged after the effective date by attachment on a structure or premises of additional signs intended to be seen from off the premises, or by the addition of other uses of a nature which would be prohibited generally in the district involved.

(a)

Where a structure exists lawfully under this UDC at the effective date of its adoption or amendment that could not be built under this UDC by reason of restrictions on lot area, lot coverage, height, yards, location on the lot, or requirements other than use concerning the structure, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:

(1)

Any nonconforming structure or portion thereof shall not be enlarged or altered, except as provided below:

a.

Enlargements or alterations to a nonconforming historic structure listed in the Sarasota County Register of Historic Places or listed as a historic resource as defined in Chapter 66, Article III, Section 66-74(a); or listed in the "Director's List of Historic Resources in Sarasota County" in accordance with Chapter 66, Article III, Section 66-74(c) shall be permitted provided that the enlargement or alteration does not exceed the nonconforming yard or height established by the existing structure and is in compliance with all other applicable UDC regulations, and further provided that a Certificate of Appropriateness, when required, for the enlargement or alteration has been obtained as required by Chapter 66, Article IV, of the County Code.

b.

Existing nonconforming historic structures listed in the Sarasota County Register of Historic Places or listed as a significant historic resource as defined in Chapter 66, Article III, Section 66-74(a); or listed in the "Director's List of Significant Historic Resources in Sarasota County" in accordance with Chapter 66, Article III, Section 66-74(c) may remain if the property on which the historical structure is located is rezoned to a new zoning district. The existing nonconformities with regard to lot area, lot coverage, height, yards, location on the lot or requirements other than use concerning the structure shall be considered conforming in the new zoning district.

c.

Enlargements or alterations to nonconforming single-family residential structures containing conforming uses shall be permitted provided that the enlargement or alteration to the structure complies with all required setbacks and other applicable regulations, does not create any additional dwelling units, and does not create new nonconformities or increase the extent of existing nonconformities.

(2)

Should such nonconforming structure or nonconforming portion of structure be destroyed by any means other than as a result of governmental action to an extent of more than 50 percent of its actual replacement cost at time of destruction, it shall not be reconstructed except in conformity with the provisions of this UDC, and consistent with Chapter 9, Policy 1.1.2 of the Comprehensive Plan.

(3)

Notwithstanding the foregoing restrictions as to reconstruction:

a.

Any residential structure or structures in any residential zoning district may be rebuilt after destruction, except when destruction has occurred by the voluntary act of the owner, to the same height and density of units per acre regardless of the percentage of destruction.

b.

Any Adult Congregate Living Facility with nonconforming density may be destroyed, voluntarily or otherwise, to the extent of 15 percent of its residential units, and still be permitted to reconstruct those units at a later time, provided that the reconstructed units do not result in an increase over the residential density existing on the date that the facility became nonconforming.

c.

In the event of such rebuilding, all applicable district requirements, except as identified above, shall be met unless a Variance therefore (within the authority of the Board of Zoning Appeals) is obtained from the Board of Zoning Appeals. For the purpose of this section, a hotel or motel structure shall be considered to be a residential structure.

(4)

Except as provided in Sections 124-26(a)(3) and 124-46(c)(1)b.1.ii., should such structure be moved for any reason for any distance whatever, other than as a result of governmental action, it shall thereafter conform to the regulations for the district in which it is located after it is moved.

(5)

For transmission towers, see Chapter 118, Article II, of the County Code.

(6)

Nonconforming lots of record zoned RMF shall also comply with Section 124-283(d).

(b)

Reserved.

(a)

A nonconforming lot of record is a lot that was lawfully created but does not meet the current regulations for the district, and is (1) part of a subdivision recorded in the office of the Clerk of the Circuit Court of Sarasota County, or (2) described by metes and bounds. The description of a lot of record shall have been recorded on or before November 11, 1975. A portion of a nonconforming lot of record does not have any development rights.

(b)

Only one single-family detached structure may be constructed on a residentially zoned nonconforming lot of record, unless a two-family structure is allowed by Section 124-283(d). Except as expressly set forth herein, in any district, any permitted or permissible structure may be erected, expanded, or altered on any lot of record at the effective date of adoption or amendment of the UDC, notwithstanding limitations imposed by other provisions of the UDC. The maximum residential density, maximum lot coverage, minimum width, maximum height, and minimum yard requirements shall be as for the most similar district of the same use type (residential, commercial, industrial, etc.), to which such lot of record most closely conforms in dimension or area. Two-family or multifamily structures must meet the minimum lot area and maximum density standards for those uses in the underlying zoning district, except as provided for in subsection (d), below.

(1)

Any lot or parcel of land resulting from any division, subdivision, resubdivision, or assemblage of nonconforming lots shall comply with the zoning district minimum lot area and width standards. Except on the Barrier Islands, the combination or recombination of nonconforming lots is allowed provided there is no increase in the number of dwelling units constructed compared to the existing number of buildable lots.

On Barrier Islands, the combination or recombination of nonconforming lots is allowed only where the combination or recombination either:

a.

Complies with the zone district minimum lot area, lot width, and density standards; or

b.

Is within a Residential Estate (RE) district and reduces the number of dwelling units that may be constructed. Combinations or recombinations achieved under this Section shall be memorialized in unity of title instruments consistent with subsection (c), below.

(c)

Unity of title shall be required for any construction or expansion where multiple nonconforming lots of record or parcels of record created through the division of land by metes and bounds are used as a single parcel for development purposes. In consideration of the County's issuance of a permit for such construction, the landowner shall agree to restrict such lots in the following manner:

(1)

Said property shall be considered as one parcel of land, and no portion of that parcel of land shall be sold, transferred, devised or assigned separately, except in its entirety as one parcel of land. Any further subdivision of the parcel of land shall comply with the UDC. This condition, restriction and limitation shall be deemed a covenant running with the land, and shall remain in full force and effect and be binding upon any the landowner, any heirs and assigns.

(2)

A unity of title agreement shall be recorded in the public records of Sarasota County acknowledging the above requirements and placing the required covenant upon the land. Release of any recorded unity of title agreement must be approved by Sarasota County.

(d)

Development Standard Requirements for Nonconforming Lots of Record Zoned RMF.

(1)

Application of Regulations. The regulations following shall be the minimum or maximum limitations, as the case may be, and shall apply uniformly to each kind of structure. The following general regulations shall apply, except where expressly modified elsewhere in the UDC to all nonconforming lots of record zoned RMF. Additionally, all development and redevelopment of nonconforming lots of record seaward of the Gulf Beach Setback Line shall also comply with the requirements of the Coastal Setback Code, Chapter 54, Article XXII of the County Code, and the more stringent regulations shall apply.

a.

It is the intent of this section to clearly state that in the RMF District, the maximum gross density and proportionate unit density for two or more units in the District must be satisfied for all properties and lands in the district, including nonconforming lots of record. Specifically, a nonconforming lot of record that does not have adequate land area to satisfy the minimum area for a dwelling unit under the proportional amount necessary for a dwelling unit according to the maximum gross density allowed in the District, shall be allowed a single-family detached dwelling, only. Further, the dwelling unit(s) allowed by this section for a nonconforming lot of record on the barrier islands is assigned to the lot, only. The remedial provisions of this section only apply to each individual nonconforming lot of record.

b.

Except as provided in this section, a nonconforming lot of record must have sufficient land area to accommodate two dwelling units according to the maximum gross density allowed in the District to qualify for a two-family structure.

c.

For purposes of this section, a nonconforming lot of record is a platted lot, as platted on a recorded Subdivision Plat or a parcel described with a metes and bounds legal description, that met the UDC, if any, at the time the lot was created and that does not meet the current regulations for minimum land area for the zoning district. Lots or parcels that do not have minimum land area due to a reduction in lot area due to a dedication or condemnation by a government agency for right-of-way qualify as a nonconforming lot of record under this section.

d.

Additionally, any reference to a two-family structure shall mean a two-family housing type as defined in Article 17, Definitions.

(2)

Permitted Housing Types.

a.

Single-family detached structures are permitted on mainland and barrier island nonconforming lots of record zoned RMF.

b.

A two-family structure shall only be permitted on a nonconforming lot of record on a barrier island if the nonconforming lot of record has enough land area for two or more units according to the maximum density of the district. For example, a two-family structure shall only be allowed on a nonconforming lot of record in the RMF-1 district if the lot has a lot area of at least 14,520 square feet.

c.

Two-family structures are permitted on mainland nonconforming lots of record zoned RMF with a minimum lot area of 5,000 square feet.

d.

Dwelling units permitted by this section are only permitted on and associated with the nonconforming lot of record. The dwelling unit allowed by [subsection] a., above for a platted lot of record on the barrier islands shall be associated with the platted lot of record only.

(3)

Prohibited Uses and Structures.

a.

Mainland Lots:

1.

Two-family structures on nonconforming lots of record with an area of less than 5,000 square feet (unless the lot conforms to the existing RMF zoning district gross maximum density requirements) that are vacant or have an existing single-family detached structure as of April 25, 2007; and

2.

Any other housing type not specifically listed in subsection (2), above.

b.

Barrier Island Lots:

1.

Two-family structures on nonconforming lots of record that are vacant or have an existing single-family detached structure as of April 25, 2007, with areas less than indicated below:

RMF-1:

14,520 square feet.

RMF-2:

9,680 square feet.

RMF-3:

6,700 square feet.

2.

Any other housing type not specifically listed in subsection (2), above.

(4)

Nonconforming Residential Density.

a.

Where nonconforming lots of record contain lawfully permitted two-family or multifamily structures on April 25, 2007, but the density of such structures exceed the density allowed by the UDC, redevelopment of a single-family detached or one two-family structure is permitted on such lots, but only in accordance with the provisions in this section. The provisions in this section may not be utilized to convert certified short-term room rentals to dwelling units so as to create or add dwelling units for purposes of density or redevelopment.

b.

Parcels containing either a two-family or multifamily structure (or any other combination of structures totaling two or more dwelling units) may voluntarily destroy and reconstruct one single-family detached structure or one two-family structure per platted nonconforming lot of record. All reconstruction of a two-family structure shall be consistent with the requirements in this section. The development standards in subsection (2), above shall apply when a two-family or multifamily structure is voluntarily destroyed and the lot is redeveloped with a single-family or two-family structure.

c.

For the purpose of this section, an existing two-family structure on any nonconforming lot of record zoned RMF shall be a lawful density under the UDC even if the gross density would exceed the maximum gross density zoning district requirements existing as of March 13, 1989.

d.

This exception shall apply only for redevelopment on an entire platted lot as platted and shall not apply with any combination, recombination or assembly of the platted lot with any other land.

(5)

Minimum Lot and Yard Requirements.

a.

The following requirements apply to all single-family detached and two-family structures constructed after April 25, 2007, under this section:

(6)

Maximum Building Coverage.

a.

The maximum building coverage for a single-family structure shall be 35 percent of the area of the lot.

b.

The maximum building coverage for a two-family structure shall be 25 percent of the area of the lot.

(7)

Maximum Impervious Coverage on a Lot. The maximum impervious coverage shall be 50 percent of the area of a lot or parcel. For the purpose of this section, impervious coverage shall include roof structures, swimming pools and pool decks, as well as concrete, asphalt, pavers and other surfaces that substantially prevent water from penetrating into the ground. This does not include grass, shell or other surfaces that allow water to substantially penetrate into the ground.

(8)

Maximum Height of Structure.

a.

The maximum height of a single-family structure shall not exceed 35 feet and shall be measured from the established minimum floor elevation including structures utilizing in-structure parking.

b.

The maximum height of a two-family structure shall not exceed 30 feet and shall be measured from the established minimum floor elevation including structures utilizing in-structure parking.

Height shall be measured using the methods found in Section 124-72(a)(4), Daylight Plane, and Section 124-72(a)(6) and the exceptions and restrictions contained therein also apply.

(e)

Lots of Record Zoned RSF. Lots of record in the RSF Districts that: 1) were created before January 1, 2015, 2) were described by metes and bounds, 3) meet the applicable lot width and lot area standards, 4) are not on the barrier islands, and 5) do not exceed the allowable density under the Comprehensive Plan, shall not be treated as nonconforming or unlawful solely because they do not meet the density limitations in Section 124-76(b)(2)g.

(f)

Special Requirements in the Siesta Key Overlay District (SKOD). The Siesta Key Overlay District contains special requirements for nonconforming lots of record in Sections 124-102(b)(4) and 124-283(d).

(Ord. No. 2019-006, § 13, 4-23-2019)

(a)

Limitations. Where properties containing dwelling units that exceed the density allowed by the UDC exist on the date of adoption or amendment of the UDC, no structural additions or additional structures are permitted unless the density of units is reduced in conformance with the UDC, except as follows:

(1)

Internal alterations to a structure containing dwelling units that exceed the density allowed in this Ordinance may be permitted, provided that the alterations do not increase the residential density.

(2)

Congregate care facilities that exceed the density allowed in the UDC may be physically expanded, provided that no there is no increase in residential density.

(3)

The addition of accessory structures, such as swimming pools, tool sheds, carports or garages, that do not add to the habitable square footage of the buildings on the site, are exempt from this provision.

(4)

Nonconforming lots of record on barrier islands zoned RMF shall also comply with Section 124-283(d).

(5)

Enlargements or alterations to a single-family residential dwelling on a nonconforming lot of record shall be permitted provided that the enlargement or alteration to the structure complies with all required setbacks and other applicable regulations, does not create any additional dwelling units, and does not create new nonconformities or increase the extent of existing nonconformities.

(b)

Reserved.

(a)

If characteristics of use, including, but not limited to, signs, off-street parking, off-street loading, or landscaping are made nonconforming by the UDC, no change shall thereafter be made in such characteristics of use which increases nonconformity with the UDC.

(1)

Nonconforming signs shall not be modified or altered, except in conformity with the UDC.

(2)

Nonconforming parking or loading areas may be modified, altered or expanded, provided that the changes do not increase the degree of nonconformity with the UDC.

a.

Any expansion or redevelopment of a multitenant development shall be required to provide a percentage of the required project boundary buffer, and a percentage of the required street buffer, including any required parking buffer in accordance with Section 124-122, when improvements are made that trigger the provisions of Section 124-41, Subdivision or Site Development Plan. Said percentage shall equal the total gross leasable area of the proposed expansion or redevelopment, divided by the total gross leasable area of the entire existing multitenant development (including the proposed expansion or redevelopment).

EXAMPLE: Adding 30,000 square feet of gross leasable area to an existing shopping center with 100,000 square feet of gross leasable area will entail providing 30 percent (30,000 divided by 130,000) of the required landscaping.

b.

Additional parking spaces must be provided to address any change in use or any expansion that results in an increase in the required parking, including, but not limited to, additional dwelling units, transient accommodations, or an increase in indoor or outdoor patron floor area.

EXAMPLE: If an existing restaurant with nonconforming parking spaces adds 300 square feet of patron floor area, six new parking spaces will be required in addition to any existing parking spaces (1 parking space per 50 sq. ft. of patron floor area).

(b)

Reserved.

(a)

Repairs and Maintenance. On any nonconforming structure or portion of a structure and on any structure containing a nonconforming use, repairs and maintenance to the structure may be made, provided the structure is not enlarged or modified to increase the nonconformity.

(b)

Nonconforming Structures Unsafe Due to Lack of Maintenance. If a nonconforming structure or portion of a structure or any structure containing a nonconforming use becomes physically unsafe or unlawful due to lack of repairs or maintenance, and is declared by the duly authorized official of the County of Sarasota to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired, or rebuilt except in conformity with the regulations of the district in which it is located.

(c)

Other Unsafe Nonconforming Structures. If a nonconforming structure or portion of a structure or any structure containing a nonconforming use becomes physically unsafe or unlawful for reasons other than lack of repairs or maintenance, nothing contained herein shall be deemed to prevent the strengthening or restoring to a safe condition of such building or part thereof declared to be unsafe by the authorized official of the County of Sarasota charged with protecting the public safety; provided, however, that where such unsafe condition or unlawfulness is the result of damage from destruction, the percentage of damage limitations set out in Section 124-281(d)(7) or 124-282(a)(2), as the case may be, shall apply.

(a)

Change from a Nonconforming Use to a Conforming Use. Any structure, or structure and premises in combination, in or on which a nonconforming use exists may be converted to a conforming permitted, limited or approved special exception use provided that the extent of any other nonconformity with the UDC shall not be increased or enlarged. Any nonconforming use shall not thereafter be permitted.

(b)

Special Exception Process to Eliminate Nonconformities.

(1)

The Special Exception process in Section 124-43 may be used for the following purposes:

a.

To eliminate nonconforming status for use, structures or characteristics of use;

b.

Where improvements are proposed on a site containing a nonconforming use, structure or characteristics of use.

(2)

In permitting such change, the Board may require site improvements and other appropriate restrictions, stipulations, conditions and safeguards that further the intent and purpose of the UDC.

(3)

Once such a change has been approved as a Special Exception, the provisions of this Article allowing an equal or lesser nonconformity shall no longer be available. All further development shall be in conformity with the Special Exception, or in full conformance with the UDC.