Any of the following shall be a violation of this chapter and shall be subject to the enforcement remedies and penalties provided by these regulations and by state law:

(1)

To create any subdivision of land without any and all necessary approval under these regulations. For purposes of these regulations, the subdivision of land shall include efforts to sell part of such land or construct or begin to construct roads which physically subdivide land.

(2)

To engage in any development, use, construction, or other activity of any nature in any way inconsistent with any subdivision plat, waiver or other action approved under this chapter.

(3)

To violate, by act or omission, any term, condition or qualification placed by the city upon a required subdivision plat or other approval under this chapter.

(4)

To erect, construct, reconstruct, alter, maintain or use any building or structure or to use any land in violation or contravention of any zoning, subdivision or general regulation of this chapter or any amendment thereto.

(5)

To attempt to transfer or sell any land by reference to or exhibition of or by any other use of a plat of a subdivision before such plat has been approved and recorded in accordance with the provision of these regulations.

(6)

Notwithstanding the above prohibition, an owner or agent of any land to be subdivided may offer lots for sale or contract for the sale of lots if the sale is made contingent on the owner or agent receiving final approval for the subdivision under the terms of this chapter. A copy of the recorded final approval shall be delivered to the buyer and the buyer may rescind the offer or the contract based on the terms of the final approval.

(7)

To continue any of the violations stated in this subsection.

(Code 1984, ch. 27, § 11.1; Ord. No. 95-O-0025AA, 9-13-1995)

(a)

Land use administrator; duties. The land use administrator shall administer this chapter. If no land use or zoning action is required, the applicant shall be given a land use compliance certificate and may proceed to other applicable development review, such as concurrency, environmental or building permitting as specified on such certificate. Authority for implementation of review levels and determination of allowable and permitted uses is granted to the land use administrator.

(b)

Building and zoning official; duties. The building and zoning official shall enforce this chapter with the assistance of the city attorney and such other persons as the city commission may direct and shall receive all applications for building permits and issue the necessary certificates and approvals. The building and zoning official shall be responsible for ensuring compliance with the applicable standards identified herein and conditions as may be attached to approvals in this chapter.

(c)

Permits, certificates and licenses. No building, sign, or other permit, certificate, license, or other document of approval, the use of which may be subject to the provisions of this chapter, shall be issued by any department, agency, or board of the city until the building official has certified that the use to be made of the permit, certificate, license, or other document is in compliance with the provisions of this chapter and other appropriate ordinances.

(1)

Building permit. No building or other structure shall be erected, moved, added to, or structurally altered without a permit therefor issued by the building official. No building permit shall be issued by the building official except in conformity with the provisions of this chapter unless he receives a written order in the form of an administrative review or a variance.

(2)

Certificate of occupancy. It shall be unlawful to use or occupy or to permit the use or occupancy of any building or premises or both, or part thereof hereafter created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure, until a certificate of occupancy, stating that the proposed use of the building or land conforms to the requirements of this chapter, has been issued therefor by the building official.

(d)

Enforcement; violations and penalties. The building official shall enforce this chapter.

(1)

Violations. If the building official finds that any of the provisions of this chapter are being violated, he shall notify, in writing, the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. The building official shall order the discontinuance of illegal uses of land, buildings, or structures; the removal of illegal buildings or structures or of illegal additions, alterations, or structural changes; discontinuance of any illegal work being done; or shall take any other action authorized by this chapter to ensure compliance with or to prevent violation of its provisions. All expenses, including attorney fees, associated with required remedial action shall be the obligation of the party in violation. Whenever a violation of these regulations occurs or is alleged to have occurred, any person may file a written complaint. Such a complaint, stating fully the causes and basis thereof, shall be filed with the building official, who shall properly record the complaint, investigate it, and take appropriate action.

(2)

Code enforcement board. Violations of this chapter may be processed through the code enforcement board and be subject to its policies and procedures.

(3)

Penalties. The building official shall take such action authorized by law to insure compliance with or to prevent violation of this regulation. The owner or tenant of any building, structure, premises, or part thereof and any architect, builder, contractor, agent, or other person who commits, participates in, assists in, or maintains violations of this chapter may each be found guilty of a separate offense and suffer the penalties provided in this chapter or the state statutes. Nothing contained in this chapter shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation.

a.

Each violation of this chapter shall subject the offender to a civil penalty in the amount of $500.00.

b.

Each day that the violation continues shall constitute a separate and distinct offense.

c.

Notwithstanding subsection (d)(3)a of this section, provisions of this chapter may be enforced through equitable remedies issued by code enforcement board or a court of competent jurisdiction.

d.

In addition to or in lieu of remedies authorized in subsections (d)(3)a and (d)(3)c of this section, violations of this chapter may be prosecuted as a misdemeanor in accordance with state statutes.

(4)

Remedies. Appropriate actions and proceedings may be taken by law or in equity to prevent any violation of this chapter, to prevent unlawful construction, to recover damages, to restrain, correct or abate a violation and to prevent illegal occupancy of a building, structure or premises.

(5)

Other administrative remedies.

a.

Cease and desist orders. The city commission shall have the authority to issue cease and desist orders in the form of written official notices given to the owner of the subject building, property, or premises, or to his agent, lessee, tenant, contractor, or to any person using the land, building, or premises where such violation has been committed or shall exist.

b.

Building permits and certificates of occupancy and use and interpretations of this chapter.

1.

Issuance. No building permit or certificate of occupancy and use shall be issued by the city for any purpose except in compliance with the provisions of this chapter and other applicable chapters and laws.

2.

Revocation. The city may revoke a building permit or certificate of occupancy and use in those cases where determination has been duly made that false statements or misrepresentations existed as to material fact in the application or plans upon which the permit or certificate was based.

3.

Suspension. The city may suspend a building permit or certificate of occupancy and use in those cases where determination has been duly made that an error or omission on either the part of the permit, applicant or government agency existed in the issuance of the permit or certificate approval. A new permit or certificate may be issued in place of the suspended permit or certificate after correction of the error or omission.

4.

Notice and appeal. All city decisions concerning the issuance, revocation, or suspension of a building permit and the use as well as decisions pertaining to administrative interpretations of the chapter shall be stated in official written notice to the permit applicant. Any decision may be appealed to the board of adjustment and appeals.

(Code 1984, ch. 27, §§ 7.3, 11.2; Ord. No. 95-O-0025AA, 9-13-1995; Ord. No. 97-O-0027AA, § 3, 7-8-1997)

(a)

The city commission shall establish by resolution a schedule of fees, charges, and expenses and a collection procedure for all certificates, permits, appeals, applications, and other matters pertaining to this chapter. The schedule of fees shall be posted in the offices of the growth management and planning departments and may be altered or amended by resolution of the city commission.

(b)

Until all applicable fees, charges, and expenses have been paid in full, no action shall be taken on any application, appeal or other matter pursuant to this chapter.

(c)

The land use administrator is authorized to refund any portion of a fee or charge for which the city has not incurred an expense if any application, appeal or other matter is withdrawn by an applicant prior to final action by the entity with authority to act upon such application, appeal, or other matter pursuant to this chapter.

(Code 1984, ch. 27, § 8.1; Ord. No. 95-O-0025AA, 9-13-1995)

(a)

Initiation of amendments to the official zoning map. Any amendments to the official zoning map, which is on file in the office of the city-county planning department, may be initiated by:

(1)

The city commission; or

(2)

The planning commission.

(b)

Initiation of amendments by property owners. Amendments to the official zoning map with respect to a specific parcel or parcels may be initiated by an owner of the subject property or legally designated agent. Amendments to the official zoning map with respect to an area which includes multiple parcels in separate ownership may only be initiated with the consent of all the involved property owners or by the city commission or the planning commission.

(c)

Notice of pending applications. Within ten calendar days after an application for rezoning has been determined to be complete, the planning department director or his/her designee shall provide notice of the pending application consistent with the provisions of F.S. § 166.041(3)(c)2.b. and c. to owners of abutting property. This notice may be combined with any other notice required by this section.

(d)

Posting of property. The property that is the subject of the application shall be prominently posted by the applicant pursuant to the policies and procedures of the planning department. An application shall not be determined complete until the department has verified that the property is properly posted.

(e)

Preliminary decisions for amendments to the official zoning map. The planning commission shall review the application and the planning department staff report on the application at a scheduled public hearing, and render a preliminary decision which shall include the planning commission's findings and recommendations to the city commission. The preliminary decision shall be rendered when the written decision is filed with the planning commission clerk, who shall promptly notify the applicant in writing.

(f)

Quasi-judicial proceedings. The planning commission's preliminary decision on its recommendation to the city commission shall become final 15 calendar days after it is rendered unless a person who qualifies as a party as defined in this Code files a petition for quasi-judicial proceedings in accordance with chapter 2, article III, division 2, subdivision II, of this Code and the bylaws of the planning commission.

(g)

Public notices. The notices required by this section shall provide notice of the pending application; and clearly delineate the right of any aggrieved or adversely affected party to request a quasi-judicial hearing pursuant to this Code, the time frames for requesting such a hearing, and how to obtain the written procedures for a quasi-judicial proceeding. No recommendation for change or amendment to the official zoning map shall be considered by the planning commission until notice has been given of a public hearing. Notice of the planning commission public hearing shall be in accordance with this section and the bylaws of the planning commission. In the case of a request for an amendment to the official zoning map, notice of the planning commission public hearing shall be given at least 21 calendar days in advance of the hearing by one publication in a newspaper of regular and general circulation in the city or county, as well as in one other newspaper. In cases involving 30 or fewer contiguous parcels of land, additional written notice shall be mailed to the current address of each property owner involved and to owners and tenants of property within 1,000 feet of the parcels proposed to be rezoned. The above notices shall be in addition to any other notices required by state statutes. In cases in which formal proceedings are conducted under chapter 2, article III division 2, subdivision II, of this Code, the notice provisions in this subsection shall apply only to the public hearing held by the planning commission on the administrative law judge's recommended order. Any notices may be combined with other notices required by this section.

(h)

Transmittal of recommendation to city commission. After the time for requesting a quasi-judicial hearing has run, but (if quasi-judicial proceedings are not requested) no more than 45 calendar days after the close of the public hearing, the planning commission shall transmit a written report of its findings and recommendations to the city commission. In cases in which quasi-judicial proceedings are conducted under chapter 2, article III division 2, subdivision II, of this Code, the planning commission's written report of its findings and recommendations shall be transmitted to the city commission within 45 calendar days after the administrative law judge's recommended order has been rendered.

(i)

The city commission shall schedule consideration of the report and recommendation of the planning commission based on schedules established by the city commission.

(j)

No proposal for zoning change or amendment affecting particular property or properties shall contain conditions, limitations, or requirements not applicable to all other property in the district to which the particular property is proposed to be rezoned.

(k)

Upon the effective date of an amendment to the comprehensive plan affecting particular property or properties which specifically requires a change in zoning classification to assure consistency of the official zoning map with the comprehensive plan, the city commission shall initiate an amendment of the official zoning map to reflect a zoning designation for the particular property or properties consistent with the comprehensive plan. For the purposes of these particular official zoning map amendments, planning commission consideration shall be deemed met as a result of their review, as the local planning agency, of the future land use map amendment so long as the notice requirements provided in subsection (d) of this section were met.

(l)

Public notice and hearing of the amendment by the city commission shall be in accordance with the requirements of the state statutes and the decision of the city commission shall be supported by competent, substantial evidence which demonstrates that the decision is consistent with the comprehensive plan, meets the procedural requirements of these regulations, and accomplishes a legitimate public purpose. In addition, notice of the city commission public hearing shall be timely given in a second newspaper, and written notice shall be mailed to owners and tenants within 1,000 feet of the project in the planning commission written notice.

(m)

The application of the owner for a change or amendment to the official zoning map shall include the following:

(1)

Proof of ownership;

(2)

A legal description of the property involved prepared by a state-registered land surveyor;

(3)

A map of the property at a scale of one inch equals 200 feet, or such other scale as may be required by the land use administrator;

(4)

An environmental analysis approved by the growth management department as required pursuant to chapter 5 of this Code;

(5)

Either a concurrency certificate or affidavit waiving concurrency requirements as prescribed in the concurrency regulations; and

(6)

If the proposed zoning district allows residential development or the site proposed for rezoning is located adjacent to residential development, a completed school impact analysis form.

(n)

Unauthorized changes in zoning map prohibited. No changes of any nature affecting property shall be made in the official zoning map or any matter shown thereon except in conformity with the procedures and requirements of this chapter and/or other applicable law. It shall be unlawful for any person to make any unauthorized change in the maps or official zoning atlas. Any violation of this provision shall be punishable as otherwise applicable by law.

(o)

Considerations for the review of zoning map amendment applications. With the exception of planned unit development or development of regional impact applications which are set forth in sections 10-165 and 10-166, in their review of zoning map amendment applications, the city-county planning commission and city commission shall include consideration of the factors listed below.

(1)

Comprehensive plan. Whether the proposal is consistent with all applicable policies of the adopted comprehensive plan.

(2)

Conformance with this chapter. Whether the proposal is in conformance with any applicable substantive requirements of this chapter, including minimum or maximum district size.

(3)

Changed conditions. Whether and the extent to which land use and development conditions have changed since the effective date of the existing zoning district regulations involved which are relevant to the property.

(4)

Land use compatibility. Whether and the extent to which the proposal would result in any incompatible land uses, considering the type and location of uses involved.

(5)

School considerations. Recommendations of the school board and school board staff on the following issues:

a.

Providing school sites and facilities within planned neighborhoods;

b.

Land uses and infrastructure adjacent to existing schools and reserved school sites;

c.

Available school capacity or planned improvements to increase school capacity.

(6)

Other matters. Any other matters which they may deem relevant and appropriate. The city commission may adopt by resolution additional rezoning criteria that are applicable to one or more zoning districts.

(Code 1984, ch. 27, § 9.2; Ord. No. 95-O-0025AA, 9-13-1995; Ord. No. 96-O-0033AA, § 4, 12-11-1996; Ord. No. 97-O-0027AA, § 4, 7-8-1997; Ord. No. 01-O-28AA, § 5, 10-24-2001; Ord. No. 01-O-64AA, § 3, 10-24-2001; Ord. No. 02-O-45AA, § 2, 7-10-2002; Ord. No. 07-O-12, § 8, 3-28-2007; Ord. No. 08-O-12, § 1, 2-27-2008; Ord. No. 08-O-13AA, § 9, 10-22-2008; Ord. No. 19-O-07, § 10, 4-24-2019)

(a)

Any amendments to the text of this chapter may be initiated by:

(1)

The city commission; or

(2)

The planning commission.

(b)

Changes to the text of the chapter may not be initiated directly by individual citizens. However, proposed amendments to the textual provisions of this chapter may be submitted to the land use administrator on forms prescribed for this purpose. The land use administrator shall place the proposed text amendment on the agenda of the planning commission and shall take all steps necessary for the planning commission to hold a public hearing on the proposed text amendment. The public hearing shall be held in accordance with subsection 10-52(c) and the bylaws of the planning commission.

(c)

No recommendation for change or amendment to the text of the article shall be considered by the planning commission until notice has been given of a public hearing. In the case of a request for an amendment to textual provisions of this article, notice of the hearing shall be given at least 21 days in advance of the hearing by one publication in a newspaper or regular and general circulation in the city and county.

(d)

Within 60 calendar days after the close of the public hearing, the planning commission shall transmit a written report of its findings and recommendations to the city commission.

(e)

The city commission shall schedule consideration of the report and recommendation of the planning commission based on schedules established by the city commission.

(f)

Nothing provided in this section shall affect the procedure required by law relating to the public hearing and the publication of notice thereof for any change or amendment to this division.

(g)

Public notice and hearing of the amendment by the city commission shall be in accordance with the requirements of the state statutes and the decision of the city commission shall be supported by competent, substantial evidence which demonstrates that the decision is consistent with the comprehensive plan, meets the procedural requirements of these regulations, and accomplishes a legitimate public purpose.

(Code 1984, ch. 27, § 9.3; Ord. No. 95-O-0025AA, 9-13-1995; Ord. No. 96-O-0033AA, § 5, 12-11-1996)

(a)

The words and terms used in this division are considered "terms of art," i.e., having a unique meaning in the context of this division. Therefore, definitions applicable to the nonconforming use provisions of this division will not apply elsewhere in this chapter. However, other terms which are defined in this chapter may be used in this division and, if used, shall be bound by the definitions contained therein.

(b)

In addition to the definitions and rules of construction in section 1-2, the following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Abandonment means to cease a use or activity or the use of a building or structure without intent to resume, but excluding periods of discontinuance; provided, however, discontinuance for a period of more than 12 months shall be deemed to constitute abandonment, unless the owner meets any one of the following criteria as determined by the building and zoning official:

(1)

Existence of a valid, unexpired occupational license for the premises;

(2)

Continuance of utility connections;

(3)

Active marketing of the property; or

(4)

Legal proceedings related to change of ownership (foreclosures, bankruptcies, etc.);

or the owner is granted an extension of time by the board of adjustment and appeals. Request for extension of time shall be filed and processed as a variance under the terms of this chapter.

Alteration means any change, addition to, or modification of a building or structure.

Amortization means the elimination of a nonconformity by specifying the useful life of the building, structure, use, sign or parking and by requiring such building, structure, use, sign or parking to become conforming within that time period.

Change of use means any change in the use of land, including parking areas, or the use of a building or structure. Change of use to a "more intensive" use refers to a change in which the proposed use increases the extent of nonconformity. Change of use to a "less intensive" use refers to a change in which the proposed use decreases the extent of nonconformity.

Completion means finalization of a project including, as shown by the issuance of a certificate of occupancy where required and, but not limited to, new construction, alterations (extension/expansion, repair and/or maintenance and remodelling) or changes of use.

Damaged and destroyed mean a use, building or structure that has been harmed by a natural event or by a manmade action, other than an action by the property owner/developer, and which results in a need for reconstruction in order to satisfy all applicable city codes and ordinances, state statutes and federal requirements.

Discontinue means to cease a use or activity or the use of a building or structure with the intent to resume the same or another use or activity within the short term, provided, however, a discontinuation of use for a period of more than six months shall be deemed to constitute an abandonment, unless the owner of the subject property is granted an extension of time by the board of adjustment and appeals. Discontinuation includes temporary or short term (not more than six months) interruptions in a use, during periods of remodelling, maintaining or rearranging a facility, or during normal periods of vacation or seasonal closure, and changes of use or tenancy, or periods during which the property is being held for sale or lease.

Effective date of this chapter means the effective date of the ordinance from which this chapter is derived, the reference shall be deemed to include the effective date of any amendments to this chapter if the amendment, rather than the chapter as originally adopted, creates a nonconformity.

Expenditure means a sum of money paid out in return for some benefit or to fulfill some obligation. The term also includes binding contractual commitments to make future expenditures, as well as any other substantial changes in position.

Extension/expansion means any increase in the number of dwelling units, the size of a dwelling unit or units, the gross floor area of a nonresidential building or structure or the gross area devoted to an outdoor use including, but not limited to, parking.

Legal nonconformity status means a condition in which the nonconformity is within the parameters of the "extent of permissible activities" as shown on the schedule of nonconforming regulations.

Nonconforming lot means a nonconformity that occurs when a lot existing on the effective date of this chapter (and not created for purposes of evading the restrictions of this chapter) does not meet the minimum area requirement of the zoning district in which the lot is located.

Nonconforming project means a nonconformity that occurs when a structure, development, or undertaking that is incomplete on the effective date of this chapter and would be inconsistent with one or more of the regulations applicable to the zoning district in which it is located, is completed as proposed or planned.

Nonconforming use means a nonconformity that occurs when property is used for a purpose or in any manner made unlawful by the lists of permitted uses, land use development criteria, commercial-location standards, buffer zone standards, or any other use regulations, development standards or dimensional requirements applicable to the subject property under this chapter which is adopted subsequent to the creation of such use.

Nonconformity means a situation that occurs when, on the effective date of this chapter, an existing lot, structure or improvement, or the use of an existing lot, structure or improvement no longer conforms to one or more of the regulations applicable to the zoning district in which the lot, structure or improvement is located.

Nonconformity relief means permission to deviate from the limitations on permissible activities in connection with a nonconformity granted in accordance with section 10-80.

Reconstruction means the rebuilding of a building or structure which has been damaged or destroyed.

Remodelling means any change to or modification of the physical appearance of a building or structure without any increase in the number or size of dwelling units or in the gross floor area of a nonresidential use.

Repair and/or maintenance mean any actions which correct defects in or which extend the useful life of or which bring a building, structure or use, including parking, into conformance with applicable building, electrical, mechanical, fire, health, safety or related city codes and chapters.

Structural value means the present-day cost of replacing the building, structure or site improvement including the land on which the building or structure is situated, as determined by the valuation as reflected in the most recent county property appraiser valuation.

(Code 1984, ch. 27, § 12.2; Ord. No. 95-O-0025AA, 9-13-1995)

The purpose of this division is to provide regulations pertaining to the continuation and elimination of pre-existing uses, buildings, structures, lots, parking facilities and signs, which do not conform to the standards or requirements of this chapter, or any amendment thereto. It is the intent of this chapter to permit continuation of such nonconformities, but with limitations and restrictions on the extension, enlargement or expansion of the nonconformity, change of use, rebuilding of damaged or destroyed structures, discontinuation of use, and abandonment of the structure or use; to provide procedures for elimination of such nonconformities through amortization; and to provide standards and procedures for determination that a property has lost its legal nonconformity status.

(Code 1984, ch. 27, § 12.1; Ord. No. 95-O-0025AA, 9-13-1995)

(a)

Unless otherwise specifically provided in this division and, subject to the restrictions and qualifications set forth herein, nonconformities existing on the effective date of this chapter may be continued.

(b)

The burden shall be on the property owner/developer to establish an entitlement to continuation of a nonconformity or to completion of a nonconforming project.

(Code 1984, ch. 27, § 12.3; Ord. No. 95-O-0025AA, 9-13-1995)

(a)

The schedule of nonconformity regulations, appearing in section 10-85 establishes (i) the extent of permissible activities which can be accommodated with respect to the types of nonconformity without loss of legal nonconformity status; and (ii) the types of activities which will result in the loss of legal nonconformity status.

(b)

The supplemental nonconformity regulations establish the requirements applicable to specific types of nonconformities and to specific activities by property owners/developers.

(c)

If there is a conflict between any provision of the schedule of nonconformity regulations and any provision of the supplemental nonconformity regulations, the provision of the supplemental nonconformity regulations shall control.

(Code 1984, ch. 27, § 12.4; Ord. No. 95-O-0025AA, 9-13-1995)

A nonconformity permit shall be required for all permissible activities whenever any other city permit is required excluding occupation licenses for the applicable activity.

(Code 1984, ch. 27, § 12.5(A); Ord. No. 95-O-0025AA, 9-13-1995)

(a)

When a nonconforming lot can be used in conformity with all of the regulations applicable to the intended use, except that the lot is smaller than the required minimum lot area applicable to the zoning district, the lot may be used as proposed, if for a manufactured home, single- or two-family use. With respect to all other uses, the lot shall be made conforming, if possible, through resubdivision, acquisition of adjoining property or other techniques. The property owner/developer may apply for a nonconformity relief pursuant to section 10-80.

(b)

When a use proposed for a nonconforming lot is one that is conforming in all other respects but the applicable setback requirements, the property owner/developer may apply for a nonconformity relief pursuant to section 10-80.

(c)

A nonconformity relief may be granted by the board of adjustment and appeals pursuant to section 10-80 for a nonconforming lot if the proposed use is a permitted use in the applicable zoning district and construction of such use cannot be reasonably accomplished in conformity with the area or setback requirements. Mere financial hardship will not constitute sufficient grounds for finding that a nonconformity relief is needed.

(d)

If an undeveloped nonconforming lot adjoins one or more other undeveloped nonconforming lots in the same ownership, nonconformity relief shall not be granted if resubdivision to make both lots conforming can be reasonably accomplished.

(e)

All nonconforming lots on property which abut developed lots, or in relation to which developed lots exist within 500 feet of the nonconforming lot, and which have the same or similar nonconformity, shall be considered to be conforming, provided that the nonconforming lot is in character with lots in the surrounding area or in character with previously developed lots in the same area or neighborhood.

(Code 1984, ch. 27, § 12.5(B), (C); Ord. No. 95-O-0025AA, 9-13-1995; Ord. No. 98-O-0054AA, § 2, 10-28-1998)

(a)

A nonconforming use of open land may not be enlarged or increased, nor may it be extended to cover more land than was occupied by that use when it became nonconforming.

(b)

A nonconforming use shall not be moved in whole or in part to any other portion of the parcel occupied by such use when it became nonconforming, except for manufactured homes.

(c)

A nonconforming use shall not be converted to another less intensive nonconforming use, except pursuant to a nonconformity relief granted pursuant to section 10-80. In no event shall a nonconforming use be changed to a more intensive nonconforming use.

(d)

A nonconforming use may be changed to a conforming use regardless of whether the new use conforms with the development standards or other dimensional requirements of this chapter.

(e)

If a nonconforming use is discontinued, it may be resumed without further review by the city. If, however, a nonconforming use is abandoned, any subsequent use of the land shall conform with the use and the development standards or other dimensional requirements of this chapter.

(f)

Upon compliance with the procedures set forth in section 10-82, the city may determine that the legal nonconformity status of a nonconforming use of land has been lost under any of the following circumstances:

(1)

Abandonment of the use;

(2)

Unlawful extension or expansion of the use; or

(3)

Change of use to a more intensive use.

(g)

A manufactured home made nonconforming as to the use of land shall be eligible for replacement with a new manufactured home provided that the new manufactured home is constructed on or after July 13, 1994, and meets the design standards provided in subsections 10-420(d)(1) through (d)(3).

(Code 1984, ch. 27, § 12.5(C); Ord. No. 95-O-0025AA, 9-13-1995; Ord. No. 98-O-0054AA, § 3, 10-28-1998)

(a)

Manufactured homes, one-family and two-family.

(1)

Any existing manufactured home, one-family or two-family residential building or structure made nonconforming as to dimensional requirements, site improvement requirements, and/or development standards by this chapter may be continued indefinitely, unless such building or structure is made subject to amortization by city commission adoption of an amortization schedule, after proper notice and public hearing and receipt of a recommendation or report from the planning commission as set forth in section 10-81.

(2)

Any existing one- or two-family residential buildings or structures made nonconforming as to development standards or other dimensional requirements and/or site improvement requirements by this chapter may be repaired and maintained, remodeled and reconstructed without limitation as to the cost of the work in relation to the value of the building or structure.

(3)

Any existing manufactured home made nonconforming as to development standards or other dimensional requirements and/or site improvement requirements by this chapter may be repaired, maintained and remodeled without limitation as to the cost of the work in relation to the value of the building or structure, provided that such repair, maintenance and/or remodeling complies with the applicable standards.

(4)

Any existing manufactured home, one-family or two-family residential building or structure made nonconforming as to development standards or other dimensional requirements and/or site improvement requirements by this chapter may be extended or enlarged so long as such extension or enlargement does not contribute to nor increase the specific nonconforming dimensional or site improvement requirement. Extensions and or enlargements to manufactured homes shall comply with the applicable standards.

(5)

The use of any existing manufactured home, one-family or two-family residential buildings or structures made nonconforming as to development standards or other dimensional requirements and/or site improvement requirements by this chapter may not be changed to another more intensive use unless such use is permitted by this chapter and complies with all applicable requirements, including development standards or other dimensional requirements, site improvement standards, and parking space requirements.

(6)

If any existing manufactured home, one-family or two-family residential buildings or structures made nonconforming as to development standards or other dimensional requirements and/or site improvement requirements by this chapter are discontinued, they may be resumed without further review by the city. If, however, such building or structure is abandoned, any subsequent use involving the expenditure of 50 percent or more of the value of the building or structure shall not be permitted except in compliance with this chapter; subsequent use involving an expenditure of less than 50 percent of the value of the building or structure shall be permitted.

(7)

Any existing manufactured home, one-family or two-family residential building or structure made nonconforming as to parking space requirements by this chapter may be continued indefinitely; provided, however, that upon the extension or enlargement of such use, there must be compliance with the parking space requirements of this chapter unless a nonconformity relief is granted pursuant to section 10-80.

(b)

All other uses:

(1)

Any existing multiple-family residential building or structure or a nonresidential building or structure made nonconforming as to development standards or other dimensional requirements and/or site improvement requirements by this chapter may be continued indefinitely, unless such building or structure is made subject to amortization by city commission adoption of an amortization chapter and schedule, after proper notice and public hearing and receipt of a report and recommendation from the planning commission as set forth in section 10-81.

(2)

Any existing multiple-family residential building or structure or a nonresidential building or structure made nonconforming as to development standards or other dimensional requirements and/or site improvement requirements by this chapter may be repaired and maintained, remodeled and reconstructed so long as the cost of the work is less than 50 percent of the structural value of the building or structure.

(3)

Any existing multiple-family residential building or structure or a nonresidential building or structure made nonconforming as to development standards or other dimensional requirements and/or site improvement requirements may be extended or enlarged by up to ten percent so long as such extension or enlargement does not contribute to nor increase the specific nonconforming dimensional or site improvement requirement.

(4)

The use of any existing multiple-family residential building or structure or nonresidential building or structure made nonconforming as to development standards or other dimensional requirements and/or site improvement requirements by this chapter may not be changed to another more intensive use. A change to another less intensive use shall be permitted provided that such use is permitted by this chapter, the extent of the nonconformity is decreased and the use complies with all other applicable requirements, including dimensional requirements and site improvement requirements.

(5)

If any existing multiple-family residential or nonresidential buildings or structures made nonconforming as to development standards or other dimensional requirements and/or site improvement requirements by this chapter are discontinued, they may be resumed without further review by the city. If, however, such building or structure is abandoned, any subsequent use involving an expenditure of 50 percent or more of the structural value of the building or structure shall not be permitted except in compliance with all applicable zoning district regulations; subsequent use involving an expenditure of less than 50 percent of the structural value of the building or structure shall be permitted only by nonconformity relief granted pursuant to section 10-80.

(6)

Any existing multiple-family residential or nonresidential building or structure made nonconforming as to parking space requirements by this chapter may be continued indefinitely; provided, however, that upon the extension or enlargement of such use, repair or maintenance of such use, remodeling or reconstruction of such use with a value of 50 percent or more of the value of the building or structure, there must be compliance with the parking space requirement of this chapter unless a nonconformity relief from the otherwise required off-street parking is granted pursuant to section 10-80.

(7)

Upon compliance with the procedures set forth in section 10-82, the city may determine that the legal nonconformity status of a nonconforming building or structure has been lost under any of the following conditions:

a.

Abandonment of the building or structure;

b.

Unlawful extension or expansion of the building or structure;

c.

Repair and maintenance, remodeling or reconstruction of the building or structure where the cost of the work exceeds 50 percent of the structural value of the building or structure, provided, however, that this shall not apply to single- and two-family residences; or

d.

Change of use within the nonconforming building or structure to a more intensive use.

(c)

Nothing in this section shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any city or state official charged with protecting the public health or safety, upon order of such official.

(Code 1984, ch. 27, § 12.5(D); Ord. No. 95-O-0025AA, 9-13-1995; Ord. No. 98-O-0054AA, § 5, 10-28-1998)

(a)

A nonconforming use of a conforming building or structure which is otherwise conforming may not be enlarged or increased nor may it be extended to cover more area of the building or structure than was occupied by that use when it became nonconforming. Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of this chapter, but no such use shall be extended to occupy any land outside such building. If no structural alterations are made, any nonconforming use of a structure, or a structure and land, may be changed to another nonconforming use provided that the board of adjustment and appeals, by making findings in the specific case, shall find that the proposed use is more appropriate to the zone than the existing nonconforming use. In permitting such change, the board may require appropriate conditions and safeguards in accord with the provisions of this chapter.

(b)

A nonconforming use of a conforming building or structure may be changed to a conforming use regardless of whether the new use conforms with the development standards or other dimensional requirements of this chapter. Any structure, or a 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 zoning district in which the structure is located, and the nonconforming use may not thereafter be resumed. When a nonconforming use of a structure is replaced by a less intensive nonconforming use, the occupancy may not thereafter revert to a more intensive use. Further, a nonconforming use shall not be changed to a less intensive nonconforming use unless all development standards or other dimensional and site improvement requirements for such use can be satisfied; provided, however, that nonconformity relief for parking requirements may be granted pursuant to section 10-80 if the property owner can demonstrate, in addition to the requirements of section 10-80: (i) that the required additional parking cannot feasibly be provided on-site or nearby; (ii) that the change is to use which is consistent with the land use element of the comprehensive plan, other applicable elements of the comprehensive plan and all other applicable provisions of this chapter; and (iii) that nonconformity relief is necessary in order for the property owner to maintain reasonable use of the property.

(c)

If a nonconforming use of a conforming building or structure is discontinued, it may be resumed without further review by the city. If, however, a nonconforming use of a conforming building or structure is abandoned, any subsequent use of the land shall conform with the applicable use and development standards or other dimensional requirements of this chapter. Where nonconforming use status applies to a structure and land in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land. Destruction, for the purposes of this subsection, means damage to an extent of more than 50 percent of the structural value of the structure immediately prior to destruction. Additions, extensions and alterations may be made to any nonconforming public use, including but not limited to schools, parks, libraries, and fire stations, if the addition, extension or alteration: (i) does not extend beyond the boundaries of the site in existence when the use became nonconforming; and (ii) does not infringe upon any off-street parking required by this chapter.

(d)

Upon compliance with the procedures set forth in section 10-82, the city commission may determine that the legal nonconformity status of a nonconforming use of a conforming building or structure has been lost under any of the following conditions:

(1)

Abandonment of the nonconforming use;

(2)

Unlawful extension or expansion of the nonconforming use; or

(3)

Change of use to a more intensive nonconforming use.

(Code 1984, ch. 27, § 12.5(E); Ord. No. 95-O-0025AA, 9-13-1995)

(a)

Request for nonconformity relief shall be made on application forms provided by the growth management department. The application shall be filed with the administrative body initially responsible for review of the subject project pursuant to chapter 9, article III of this Code under review procedures Types A, B, C, or D. The application shall be accompanied by a site plan, in accordance with section 9-152, in such detail as may be reasonably required by the administrative body to which the application must be initially submitted, as provided above, depicting the nonconformity and the requested nonconformity relief, and its relationship with surrounding properties.

(b)

Nonconformity relief shall only be granted if the following are found:

(1)

Development of the property for permitted uses is not reasonably possible without the nonconformity relief;

(2)

Except as otherwise expressly provided in this division, the nonconformity relief shall not increase or create a nonconforming use or condition;

(3)

The nonconformity relief can be granted without any significant adverse impact on surrounding properties and is not detrimental to the public health, safety and welfare;

(4)

The nonconformity relief granted is the minimum necessary to accommodate the proposed use; and

(5)

The adverse impact on surrounding properties of the nonconformity relief would be substantial but may be mitigated, and granting the nonconformity relief is conditioned upon performance of such mitigating measures.

(c)

An application for nonconformity relief shall be reviewed simultaneously with the project in accordance with the review procedures applicable to such project pursuant to chapter 9, article III of this Code. The granting or denial of the requested nonconformity relief shall be part of the final disposition of the review of such project.

(d)

Any party aggrieved by the decision of the planning commission may seek judicial relief in circuit court by seeking certiorari review.

(Code 1984, ch. 27, § 12.7; Ord. No. 95-O-0025AA, 9-13-1995; Ord. No. 98-O-0054AA, § 6, 10-28-1998; Ord. No. 00-O-54AA, § 5, 9-27-2000)

(a)

The city commission may adopt an amortization schedule under which nonconformities may be gradually eliminated. The schedule shall establish a timetable by which certain types of nonconformities shall be eliminated or made conforming.

(b)

Following adoption of an amortization schedule covering a particular type of nonconformity, the planning commission may initiate amortization proceedings with respect to specific properties or structures. Notice of such proceedings shall be given to the property owner by certified mail, return receipt requested, not less than 20 calendar days prior to the date scheduled for the public hearing to be held pursuant to subsection (c) of this section.

(c)

A public hearing shall be conducted by the planning commission with respect to all amortization proceedings. A staff report shall be prepared and shall contain a recommendation as to the appropriate course of action. Where amortization proceedings have been instituted against a group of similarly-situated nonconformities, such proceedings may be consolidated for hearing purposes.

(d)

Following the close of the public hearing, the planning commission shall render its decision within 30 calendar days of the date of the hearing.

(e)

Any party aggrieved by the decision of the planning commission may seek judicial relief in circuit court by seeking certiorari review.

(Code 1984, ch. 27, § 12.7; Ord. No. 95-O-0025AA, 9-13-1995; Ord. No. 00-O-54AA, § 5, 9-27-2000)

(a)

At such time as the planning commission determines that reasons exist for a property (other than a rooming house under section 10-83) to lose its legal nonconformity status, notice of such determination shall be given to the property owner by the city. The notice shall be given by certified mail, return receipt requested, shall clearly state the reasons for the determination, and shall advise the property owner that a hearing to consider the determination shall be held by the planning commission on a date not less than 20 calendar days following the date of the notice. The time and place of the hearing shall be specified in the notice. The planning commission shall have no jurisdiction to determine whether the nonconforming status of a rooming house shall be terminated. See section 10-84.

(b)

A public hearing shall be conducted by the planning commission with respect to all proceedings regarding loss of legal nonconformity status. A staff report shall be prepared and shall contain a recommendation as to the appropriate course of action. Where such proceedings have been instituted against a group of similarly situated nonconformities, such proceedings may be consolidated for hearing purposes.

(c)

Following the close of the public hearing, the planning commission shall render its decision within 30 calendar days of the date of the hearing. The decision shall be supported by written findings, and a record of the proceeding shall be kept.

(d)

Any party aggrieved by the decision of the planning commission may seek judicial relief in circuit court by seeking certiorari review.

(Code 1984, ch. 27, § 12.8; Ord. No. 95-O-0025AA, 9-13-1995; Ord. No. 00-O-54AA, §§ 5, 6, 9-27-2000)

(a)

All rooming houses in existence on or any time between June 14, 1998, and June 14, 2000, in the following zoning districts: RP-1, RP-2, R-1, and R-2, which districts prohibit rooming houses as permitted uses, shall register with the city as nonconforming uses on or before June 1, 2001.

(b)

Failure to register as a nonconforming use with the city shall result in failure to obtain nonconforming use status.

(c)

No dwelling may continue to be used as a rooming house in the zoning districts designated in subsection (a) of this section if it is not registered as a nonconforming use on or before June 1, 2001. Dwellings not used as a rooming house at any time between June 14, 1998, and June 14, 2000, shall not be allowed nonconforming use status as a rooming house under this section.

(d)

The owner of a rooming house seeking designation under this section as a nonconforming use shall, at the time of registration of the rooming house under this section, appoint an agent who resides within the county for the purpose of receiving notices from the city concerning the use of the nonconforming property. The owner shall provide the name, address, and telephone number of the agent. The agent shall be available to be contacted 24 hours a day, seven days a week, regarding the rooming house.

(e)

The owner of a rooming house that has been designated as a nonconforming use shall submit to the city annually a registration renewal application with the appropriate fee as prescribed the schedule of fees adopted by resolution of the city commission. The application shall be made on the form prescribed by the city. The application must be received no later than March 31 of each year, beginning 2008. Any application received after that date shall be considered late and shall be charged twice the standard renewal fee prescribed in the schedule of fees. The designated nonconforming use status shall be immediately revoked if a complete renewal application is not received within 120 days after the renewal date.

(f)

A rooming house may lose its status as a nonconforming use if the police department or the city's neighborhood and community services department confirms that on three or more separate occasions within a six-month period, civil or criminal citations have been issued at the address of the rooming house, or the property is determined to be a public nuisance by the code enforcement board pursuant to article IV of chapter 9 of the City Code of Ordinances. Multiple citations issued to different people at a single address at the same time shall not be considered "separate occasions." In determining whether a nonconforming use shall be terminated, citations on matters including, but not limited to, the following shall be considered:

(1)

Noise ordinances;

(2)

Animal control ordinances (chapter 4, City Code);

(3)

General health and sanitation ordinances (chapter 9, article I, City Code);

(4)

Solid waste ordinances (chapter 21, article XI, City Code);

(5)

Offensive accumulations and growths code (chapter 9, article III, City Code);

(6)

Standard housing code (chapter 3, article IX, division 2, Land Development Code);

(7)

Abandoned and nonoperating vehicles (chapter 20, article IV, City Code);

(8)

Compliance with the parking requirements in this chapter for rooming houses;

(9)

Failure to comply with subsections (d) or (e) of this section; and

(10)

State law regarding any of the above topics.

(g)

Determination of a loss of nonconforming use status for a rooming house shall be made in accordance with section 10-84 pertaining to loss of legal nonconformity status for rooming houses.

(h)

A decision by the staff committee under section 10-84(a) to seek review by the rooming house code board shall be a material breach of a lease of any rooming house regulated by this section, and grounds for termination of the lease.

(i)

Rooming houses shall not be eligible for nonconformity relief procedures set forth in section 10-80 nor for waiver of nonconforming land uses as provided in sections 10-104 through 10-108.

(j)

The provisions of section 10-79 shall apply to rooming houses with nonconforming use status only to the extent those provisions do not conflict with this section.

(k)

Rezonings.

(1)

At any time property within the city limits is rezoned from any zoning district which allows rooming houses as a permitted use to residential preservation 1 (RP-1), residential preservation 2 (RP-2), single-family detached residential district (R-1), or single-family detached residential district (R-2), or any other district which prohibits rooming houses, the owner of any rezoned parcel on which a rooming house is located at the time of rezoning shall have 30 days from the date the rezoning is approved by the city commission to file an application under this article to apply for nonconforming use status.

(2)

Notice of this provision shall be included in notices sent to property owners for rezonings to RP-1, RP-2, R-1, R-2, or any other district which prohibits rooming houses.

(3)

If the rezoning is challenged in court, the owner shall have 30 days from the date the judicial challenge is finally resolved to file an application for nonconforming use status.

(4)

Once a rooming house receives nonconforming use status under this subsection (j), all provisions of this Code derived from Ord. No. 00-O-54, shall apply to the parcel.

(Ord. No. 00-O-54AA, § 5, 9-27-2000; Ord. No. 01-O-16, § 2, 2-28-2001; Ord. No. 07-O-45, § 2, 11-20-2007)

(a)

At such time as it is confirmed that, on three or more separate occasions within a six-month period, civil or criminal citations have been issued at the address of a rooming house, a staff committee composed of one representative from the police department, neighborhood and community services, and the city attorney's office shall review the citations to determine if the citations warrant a hearing before the rooming house code board for possible termination of nonconformity status of the rooming house where the citations were issued.

(b)

If the staff committee determines that the citations warrant further review by the rooming house code board, the neighborhood and community services department shall give notice to the owner or agent of the rooming house that a hearing before the rooming house code board will be set to determine whether the nonconformity status of the rooming house should be terminated. The notice shall be given by certified mail, return receipt requested, shall clearly state the reasons for the hearing, and shall specify the date and time of the hearing. Each notice shall include a conspicuous note informing the property owner or agent that, if a person decides to appeal any decision made by the rooming house code board, he or she will need a record of the proceedings; and, for such purpose, may need to ensure that a verbatim record of the proceedings is made. (See F.S. § 286.0105.)

(c)

The city manager shall appoint five members to the rooming house code board to conduct hearings on the termination of nonconformity status for rooming houses. Of the five members, one shall be a landlord with at least five years experience as a landlord; one shall be a licensed real estate agent with at least five years experience in property management; one shall be a college or university student over the age of 18; one shall be a homeowner who resides in one of the following zoning districts: RP-1, RP-2, R-1, or R-2; and one shall be a representative recommended by the council of neighborhood associations. All members shall reside within the city limits.

(d)

Each member of the rooming house code board shall serve at the pleasure of the city manager.

(e)

Hearings shall be staffed by neighborhood and community services, and shall be conducted in the following manner:

(1)

All hearings shall be held within 30 days of the date the notice from neighborhood and community services was served on the property owner or agent, unless all parties stipulate to a later date.

(2)

All hearings shall be open to the public.

(3)

The parties in the hearing shall be the property owner or agent, the property owner's witnesses, city staff, and city witnesses.

(4)

Neighborhood and community services shall provide the following to the rooming house code board at least five working days prior to the hearing:

a.

The notice sent to the property owner or agent;

b.

Copies of the citations issued at the rooming house address; and

c.

A staff report and recommendation with proposed findings.

(5)

All witnesses shall testify under oath and be subject to reasonable cross examination, unless all parties waive these formalities.

(6)

Neighborhood and community services shall present its case, followed by the property owner or agent.

(7)

The chair of the rooming house code board shall decide all questions of procedure and admission of evidence. The board may request additional evidence as it deems necessary and appropriate.

(8)

The rooming house code board may order the hearing continued until a date certain if necessary to obtain additional information for determination of the matters at issue.

(9)

The rooming house code board shall promptly enter a written order, with findings of fact.

(10)

Ex parte communications with any member or alternate member of the rooming house code board on the merits of the matter before it are prohibited. However, the foregoing does not prohibit discussions between the chair of the board and city staff that pertain solely to scheduling and other administrative matters unrelated to the merits of the matter.

(f)

If the rooming house code board determines that the nonconforming use status of a rooming house should be terminated, the order shall be effective 30 calendar days after it is rendered unless the property owner or agent initiates eviction proceedings against the residents of the rooming house. In that event, the nonconforming use status of the rooming house may continue as long as the property owner or agent diligently prosecutes the eviction proceedings.

(1)

Notwithstanding the foregoing, if the same rooming house is the subject of proceedings before the rooming house code board under this section more than once during a 12-month period, and the rooming house code board finds in each proceeding that the nonconforming status of the subject rooming house should be terminated, the nonconforming use status of that rooming house may be terminated, regardless of whether eviction proceedings have begun.

(2)

If city staff intends to request termination of nonconforming use status under subsection (f)(1) of this section, the notice to the owner or agent sent pursuant to subsection (a) of this section shall specifically and conspicuously advise the owner or agent that such relief is being requested.

(g)

Any party aggrieved by the decision of the rooming house code board may seek judicial relief in circuit court by seeking certiorari review. The effect of the board's order shall be stayed until the circuit court proceedings are concluded.

(Code 1984, ch. 27, § 12.9; Ord. No. 95-O-0025AA, 9-13-1995; Ord. No. 00-O-54AA, §§ 5, 7, 9-27-2000)

_____

Schedule of Nonconformities: Extent of Permissible Activities
(Absent Nonconformity Relief)

Schedule of Nonconformities:
Activities Resulting in the Loss of Legal Nonconformity Status

(Code 1984, ch. 27, sch. 12.4; Ord. No. 95-O-0025AA, 9-13-1995; Ord. No. 98-O-0054AA, § 7, 10-28-1998)

_____

This division shall be known as the Tallahassee Nonconforming Land Uses Ordinance.

(Code 1984, ch. 27, § 12A.1; Ord. No. 95-O-0025AA, 9-13-1995)

The definition contained in this section shall be supplemental to those contained in section 10-2, which shall be applicable throughout this division unless a conflict with the definition provided in this section exists, in which case the meaning provided in this section shall prevail. The following term, when used in this division, shall have the meaning ascribed to it in this section, except where the context clearly indicates a different meaning.

Nonconforming uses means a use of land which is not consistent with the designated future land use category of the city's 2010 Comprehensive Plan and/or the this chapter and chapter 9, article III of this Code.

(Code 1984, ch. 27, § 12A.3; Ord. No. 95-O-0025AA, 9-13-1995)

It is the intent of this division to provide procedures and criteria for the review of the status of nonconforming land uses.

(Code 1984, ch. 27, § 12A.2; Ord. No. 95-O-0025AA, 9-13-1995)

The nonconforming use shall be consistent with all of the following criteria as set forth by the comprehensive plan and this division, in order to be eligible for application for a certification of previously established land use conformity (PELUC certificate). Any nonconformity that is expressly prohibited by the following criteria shall not be eligible to apply for waiver of nonconforming use status.

(1)

The nonconforming use shall have been originally established as a legal use and have been in existence on July 16, 1990.

(2)

The waiver provisions as set forth by land use policy 1.5.1 of the comprehensive plan and this division shall be applicable only to existing nonconforming uses of land and cannot be applied to waive any other development criteria in the land development ordinances and regulations, such as but not limited to, environmental requirements, buffering, open space, building codes, lot area, impervious surface, parking, or setbacks.

(3)

In all future land use and zoning categories, the following, uses shall not be eligible to apply for a PELUC certificate:

a.

Heavy infrastructure and heavy industrial uses adjoining low density residential area.

b.

Heavy infrastructure and any industrial use for which sole access is to a local or minor collector street, unless the street is a designated nonresidential street.

(4)

In order to protect existing residential areas from encroachment of incompatible uses that are destructive to the character and integrity of the residential environment, the following uses that are located within areas designated residential preservation shall not be eligible to apply for a PELUC certificate:

a.

Commercial uses and development in excess of 20,000 square feet of building floor area, other than office uses.

b.

All industrial uses.

c.

Heavy infrastructure.

(5)

No request for waiver can be submitted which exceeds a floor area ratio of 0.5 for office uses and 0.2 for all other uses with the exception of residential land uses. A request for waiver can be submitted for residential land uses regardless of the floor area ratio.

(Code 1984, ch. 27, § 12A.4; Ord. No. 95-O-0025AA, 9-13-1995; Ord. No. 99-O-0017, § 1, 4-28-1999)

The establishment of eligibility of the nonconforming use for purposes of application submittal shall in no way be construed to form the basis for granting the waiver, or waiver with mitigation, of nonconforming use status. The applicant shall bear the burden of demonstrating that the impacts of the nonconforming use are either minimal upon the surrounding land uses and are not detrimental to the public health, safety, and welfare, or that the impacts of the nonconforming use may be substantially mitigated. Economic hardship may be considered as a factor supporting granting a nonconforming use waiver.

(1)

The board of adjustment and appeals may grant a PELUC certificate upon application of the property owner and after public review and hearing. Notice of the public hearing shall be given at least five days in advance of the hearing and shall be mailed at least ten days prior to the meeting to property owners of record within 200 feet of the subject property. A principal place of residence shall be exempt from the requirements as set forth below. A PELUC certificate for any other eligible use may only be granted upon the board of adjustment and appeals' findings of fact and conclusions of law that the nonconforming use is consistent with the following criteria as set forth by land use policy 1.5.11 and this division:

a.

A determination that the impact of the nonconformity is minimal upon surrounding land use and is not detrimental to the public health, safety, and welfare and, as a result, the nonconforming status may be waived.

b.

A determination that the impact of the nonconformity may be substantially mitigated such that the development may attain conforming status by implementing the outlined mitigation steps.

1.

Site plan or plan of development may be required to demonstrate mitigative measures that will maintain compatibility through specified design measures. Inter-site compatibility criteria shall be determined by the board of adjustment and appeals based on the following:

i.

Aesthetically and functionally compatible land uses.

ii.

Adequate buffering, screening, landscaping, and architectural treatment if located in a residential area.

iii.

Sufficient parking, designed to provide safe internal traffic circulation, and off-site access.

2.

The objectionable impacts of service and delivery areas, refuse and recycling collection areas, as well as the outdoor storage and work areas generally associated with commercial residential buildings shall be designed to minimize off-site impacts.

(2)

If the board of adjustment and appeals determines that the nonconforming use meets the required criteria as specified by land use policy 1.5.1 and this division, the board of adjustment and appeals shall issue a PELUC certificate, in a recordable format, which shall be valid only for the specific use and area of the site for which the waiver was granted. The certificate may contain conditions under which the waiver has been granted and may contain an expiration date for the waiver. The certificate shall provide that any expansion proposed on the property covered by the certificate must comply with the development standards for the primary use in the district in which the property is located. If an expiration date is provided, the use shall revert to nonconforming status on the expiration date. Upon application to the board of adjustment and appeals prior to the expiration date, the expiration date may be extended after review by the board of adjustment and appeals. The granting of a PELUC certificate for a particular use on a single parcel of property shall in no way be construed to waive any other development requirements or to establish vesting or precedence for other nonconforming uses on that parcel or on any other parcel.

(Code 1984, ch. 27, § 12A.5; Ord. No. 95-O-0025AA, 9-13-1995; Ord. No. 01-O-28AA, § 30, 10-24-2001)

(a)

The PELUC certificate may require the applicant to meet certain specific mitigative conditions such as, but not limited to, a site plan or plan of development, buffering, architectural treatment in residential areas, additional setbacks, access limitations, limitations on use, or an expiration date of the use. Such order cannot allow a waiver that exceeds a floor area ratio of 0.5 for office uses and 0.2 for all other uses.

(b)

The written certificate of the board of adjustment and appeals shall be permanently on file in the office of the growth management department and a copy thereof promptly transmitted to the applicant. The applicant shall provide proof to the land use administrator that the certificate has been recorded in the public records of the county within 30 days of the date of the certificate. Failure to record shall render the certificate null and void as though it had never been issued.

(Code 1984, ch. 27, § 12A.6; Ord. No. 95-O-0025AA, 9-13-1995; Ord. No. 01-O-28AA, § 31, 10-24-2001)

(a)

Any use for which the PELUC certificate has been granted that ceases for a period in excess of 12 months shall be deemed a voluntary abandonment of such certificate.

(b)

Any change of use shall be deemed a voluntary abandonment of such certificate unless, upon notice of violation of the certificate conditions from the city, the violation ceases within 30 days.

(c)

A code enforcement order finding of a violation of the terms or conditions of the certificate shall be an abandonment of the certificate, and the use shall return to its previous nonconforming status.

(Code 1984, ch. 27, § 12A.7; Ord. No. 95-O-0025AA, 9-13-1995; Ord. No. 25-O-17AA, § 14, 9-17-2025)

Any application for a PELUC certificate shall be denied based upon the board of adjustment and appeals' findings of fact and conclusions of law in accordance with the provisions of this division that the nonconformity violates the intent of this division or that it has substantial impacts which may not be overcome by any mitigation procedures and as such, the development shall remain in a nonconforming status and such use shall terminate according to law.

(Code 1984, ch. 27, § 12A.8; Ord. No. 95-O-0025AA, 9-13-1995)

Every determination of the board of adjustment and appeals regarding a PELUC certificate shall be final, subject to such remedies as any aggrieved party might have at law or in equity.

(Code 1984, ch. 27, § 12A.9; Ord. No. 95-O-0025AA, 9-13-1995)