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Sumter County Unincorporated
City Zoning Code

ARTICLE XXI

NONCONFORMING BUILDINGS AND USES

Any lawful use of land or buildings existing as of the effective date of this appendix April 9, 2024, or the adoption of any amendment hereto, except as excluded herein, and located in a district in which it would not be permitted as a new use under the regulations of this appendix, is hereby declared a "nonconforming use" and such use may be continued subject to the restrictions contained in this Appendix, even though such use does not conform with the regulations of this Appendix. A nonconforming use shall be subject to, and the owner shall comply with, the following regulations.

(Ord. of 7-16-24(2), § 27)


Sec. 21.01.- Nonconforming residence.

A residence which is determined to be nonconforming within the zoning district in which the residence is located may be continued and is exempted from the provisions of these sections. However, a nonconforming use of a residence may not be changed to another nonconforming use. Additionally, a nonconforming use of a residence may not be expanded, extended, or enlarged beyond the area of use and/or the size of the structure existing at the time the use became nonconforming.

(Ord. of 7-16-24(2), § 27)

Sec. 21.02. - Nonconforming use of land, continuation of use.

A pre-existing, lawful nonconforming use of or vested right to use any building, structure, or land which existed at the time of the adoption of this appendix, or the adoption of any amendment hereto, [this] appendix may be continued even though such use does not conform with the regulations of this appendix, except that:

A.

A nonconforming use or structure shall not be changed to another conforming use.

B.

A conforming use or structure shall not be expanded, extended, or enlarged beyond the area of use, size of operation, and/or size of the structures existing at the time the use because [became] nonconforming. A nonconforming use cannot be expanded onto another parcel or tract of land. A nonconforming use on a portion of a single lot or tract of land may not be expanded even within that lot or tract of land to portions that were not in use at the time the use became nonconforming. For example, if a nonconforming junk yard (including all offices, junk cars, equipment and other piles of junk) was occupying 10 acres of a 50-acre tract of land when it became nonconforming, the use may not be expanded onto the other 40 acres. Similarly, no building containing a nonconforming use can be expanded or enlarged.

C.

A non-conforming use or structure shall not be re-established after discontinuance for one year regardless of any reservation of an intent not to abandon.

(Ord. of 7-16-24(2), § 27)

Sec. 21.03. - Restorations, repairs, alterations.

A nonconforming use or structure shall not be rebuilt, altered, or repaired except as provided herein. However, if any rebuilding, alteration, repair, restoration or replacement is permitted by this Code, the following shall apply:

A.

If the structure is altered or repaired, said alterations or repairs shall be in conformity with the ICC Residential codes in force at the time of said alteration or repair; provided, however, that said alteration or repair shall not extend or enlarge the structure being altered or repaired except to bring the structure into conformity with the ordinance.

B.

If the structure is totally rebuilt or replaced, the replacement structure shall conform to all the requirements of this appendix.

(Ord. of 7-16-24(2), § 27)

Sec. 21.04. - Discontinuance or abandonment.

Any nonconforming use of land or building (except residential dwellings) which is abandoned for a period of 12 months shall thereafter conform to the provisions of appendix.

For the purposes of this section, "abandoned" shall mean that a property is vacant or unoccupied and that the property owner has not taken reasonable steps to return the property to an occupied status within the 24 months of abandonment.

(Ord. of 7-16-24(2), § 27)

Sec. 21.05. - Non-conforming manufactured home parks.

Non-conforming manufactured home parks may continue in existence, but all manufactured homes shall be maintained in safe and sanitary condition. It is the intent of this appendix that non-conforming manufactured home parks should either be properly rezoned, if appropriate under the standards for the exercise of the zoning power, or they should be transitioned to a more appropriate use over time. Therefore, unless the property is properly rezoned and made conforming, no more manufactured homes shall be allowed in the non-conforming manufactured home park than when the park became non-conforming, and no existing manufactured home shall be replaced except in conformance with subsections 21.02—21.05.

(Ord. of 7-16-24(2), § 27)