(a)

Nonconformities shall be classified as:

(1)

Lots;

(2)

Uses of land without structures or minor structures only;

(3)

Uses of major structures and premises;

(4)

Structures;

(5)

Characteristics of use;

(6)

Tents.

(b)

To be considered and established as a nonconformity, the property owner or authorized agent ["applicant"] must request a written determination for formal decision by the zoning administrator, pursuant to section 27-54. A nonconformity must have been in compliance with the zoning requirements which were lawful when it was established, but would be prohibited, regulated, or restricted by the enactment of this chapter or subsequent amendments thereto. To establish a nonconformity, the applicant must demonstrate one (1) of the following:

(1)

The nonconformity must have been deemed nonconforming under the former zoning code and continue to be designated nonconforming under the provisions of this chapter or subsequent amendments hereto; or

(2)

The nonconformity must have been deemed conforming under the former zoning code and made nonconforming and continue to be designated nonconforming by the provisions of this chapter or subsequent amendments hereto.

(c)

A nonconformity may also be created where lawful public taking or actions pursuant to a court order have the same effect as violation of this chapter.

(Ord. No. 8482-A, § 43A-186, 2-16-84; Ord. No. 9322-A, § 62, 7-24-86; Ord. No. 9465-A, § 1, 12-18-86; Ord. No. 9739-A, § 1(43A-206), 9-24-87; Ord. No. 98-35, § 2, 2-19-98; Ord. No. 2011-35, § 12, 3-3-2011)

(a)

It is the intent of this chapter to require the cessation of certain nonconformities and to permit others to continue until such time there is an intentional and voluntary abandonment of such nonconformity.

(b)

It is further the intent of this chapter that nonconformity shall not be used as grounds for addition of other prohibited uses or structures, nor the enlarging by means of extension or expansion, except as specifically provided by this chapter.

(Ord. No. 8482-A, § 43A-187, 2-16-84; Ord. No. 9739-A, § 1(43A-207), 9-24-87; Ord. No. 2012-22, § 1, 3-1-2012)

It is the intent of this chapter that nonconforming uses shall be considered to be noncompatible with the permitted uses within the several districts. Such nonconforming uses shall not be enlarged or extended in any respect.

(Ord. No. 8482-A, § 43A-188, 2-16-84; Ord. No. 9739-A, § 1(43A-208), 9-24-87)

(a)

Uses other than alcoholic beverage sales. Any existing use which would require a special use approval under the terms of this chapter shall be deemed a conforming use. However, any of the following changes to the use shall require a special use approval as though it were a new use:

(1)

Enlargement of the existing structure by five (5) percent of the floor area or one hundred fifty (150) square feet, whichever is less; or

(2)

If the use has ceased operation for one hundred eighty (180) consecutive days; or

(3)

When there is a decrease or lessening of the existing buffering to adjacent uses; or

(4)

When there is a change in use or new use added to the existing use or uses.

(b)

Alcoholic beverage sales. When the sale of alcoholic beverages at a location was approved by the City of Tampa pursuant to regulations in effect prior to April 1, 2008, or if an establishment was lawfully selling alcoholic beverages on June 19, 1945, said use may continue as a conforming use for the classification that was granted, subject to the provisions set forth in Article IX. Any violations of these sections require a special use approval as though it were a new use.

(c)

Clubhouses and bottleclubs. When a location was legally licensed as a clubhouse or bottle club prior to April 1, 2008, said use may continue as a conforming use, subject to the provisions set forth in Article IX. Any violations of these sections require a special use approval as though it were a new use.

(Ord. No. 8482-A, § 43A-189, 2-16-84; Ord. No. 9739-A, § 1(43A-209), 9-24-87; Ord. No. 2001-158, § 19, 7-19-01; Ord. No. 2008-53, § 7, 3-20-08, eff. 4-1-08; Ord. No. 2009-178, § 4, 12-3-09, eff. 12-15-09)

(a)

Use of single nonconforming lots for a single-family dwelling. A single-family dwelling and customary accessory structure may be erected, occupied and used on a single, nonconforming lot of record that is not in continuous frontage with other lots in the same ownership (except as provided below) in accord with other requirements applying in the separate districts.

(b)

Rules concerning combination of contiguous residential nonconforming lots in same ownership and with continuous frontage.

(1)

Combination required where nonconformity was created at enactment or amendment of this chapter. Where more than one (1) residential nonconforming lots of record in single ownership and with continuous frontage exist, they shall be combined and considered a single zoning lot, and a zoning compliance permit authorizing their use shall only be issued when the lot area and lot width requirements for the district in which the lots are located are satisfied. Full setback requirements shall apply to all of the newly created lots.

(2)

Combination not required where nonconformity created by public taking or court order. Where the nonconforming lots were created by public taking action or as a result of a court order, combination of the lots shall not be required.

(c)

Use of nonresidential nonconforming lots.

(1)

A separate nonconforming lot of record which is not in continuous ownership with other lots in the same ownership in office, commercial, industrial and other districts which are nonconforming due to inadequate area, width or both may be used for permitted principal and accessory uses and special uses in the district in which located. Such lots may be used, provided that all other provisions of this chapter, except the requirements for minimum lot size and minimum lot width, are met.

(2)

On January 1, 1988, where more than one (1) nonconforming lot of record existed in a single ownership with continuous frontage, the lots shall be considered a single zoning lot.

(d)

Nonconforming lots due to governmental acquisition. If a nonconforming lot is created by a governmental acquisition, required yards shall be measured from the property line location prior to acquisition.

(Ord. No. 8482-A, § 43A-190, 2-16-84; Ord. No. 9322-A, § 63, 7-24-86; Ord. No. 9465-A, § 2, 12-18-86; Ord. No. 9739-A, § 1(43A-210), 9-24-87; Ord. No. 88-301, §§ 1, 63, 9-29-88; Ord. No. 89-156, § 3, 7-6-89; Ord. No. 96-105, § 34, 5-23-96)

(a)

Nonconforming uses of land not involving any permanent structure with a replacement cost in excess of two thousand dollars ($2,000.00) or a combination of permanent structures with a replacement cost not exceeding five thousand dollars ($5,000.00), as determined by the zoning administrator, shall cease within two (2) years of the adoption of the ordinance from which this chapter was derived, or any amendment which shall cause such uses to assume nonconforming status.

(b)

Prior to termination the following limitations shall apply:

(1)

There shall be no enlargement, increase in intensity or alterations to the use, its permanent structure or both.

(2)

If the use ceases for more than ninety (90) days, subsequent use of the premises shall conform to the district regulations.

(3)

No such use shall be relocated or moved to any portion of the lot other than that occupied at the time that nonconforming status was created.

(4)

No such land shall be subdivided nor any structure added, except for purposes and in a manner conforming to district regulations. Subdivision that does not increase the degree of nonconformity, however, shall be permitted.

(Ord. No. 8482-A, § 43A-191, 2-16-84; Ord. No. 9322-A, § 64, 7-24-86; Ord. No. 9739-A, § 1(43A-211), 9-24-87)

Nonconforming use(s) of structure(s) with a value higher than the respective values set forth in section 27-296 shall be considered a major structure, and may be continued exactly as such use(s) existed at the time its nonconforming status was established, provided:

(1)

A nonconforming use may not be enlarged, extended, intensified, or changed, except for a change to a use permitted in the district in which the property is located, except as provided below.

a.

A nonconforming use may be extended through portions of a building manifestly arranged or intended for such use, and,

b.

A nonconforming use shall not extend to occupy land outside such building or any additional building not used for such nonconforming use at the time that nonconforming status was established.

(2)

If there is an intentional and voluntary abandonment of a nonconforming use for a period of more than one hundred eighty (180) consecutive days, or if a nonconforming use is changed to a conforming use, said use shall lose its nonconforming status. Thereafter, subsequent occupancy and use of the land, building, and/or structure shall conform to the regulations of the districts in which the property is located and any structural alterations necessary to conform the structure or building to the regulations of the district in which the property is located shall be required. An intentional and voluntary abandonment of use includes, but is not limited to, vacancy of the building or structure in which the nonconforming use was conducted, or discontinuance of the activities consistent with or required for the operation of such nonconforming use.

(3)

Upon the zoning administrator's own action or through the formal decision process set forth in section 27-54, the zoning administrator will evaluate the evidence of an intentional and voluntary abandonment of a nonconforming use and determine the status of the nonconforming use. The evidence, collectively, must at a minimum demonstrate the following:

1.

Continual operation (or intent to operate) of the use;

2.

Continual maintenance (or intent to maintain) of the structure and property;

3.

Continual possession of any necessary and valid state and local permits, licenses, or active/pending application(s) for approval related to prolonging the existence of the use.

Evidence of an intentional and voluntary abandonment of a nonconforming use may include, but is not limited to, public records, utility records, property records, personal records, or other general research and documentation as follows:

1.

Public records, including those available through applicable City of Tampa, Hillsborough County, and State of Florida agencies;

2.

Utility records, including water/sewer accounts, solid waste accounts, and electricity accounts;

3.

Property records, including executed lease or sales contracts and real estate listings for property sale/lease/rent;

4.

Personal records, including photographs and notarized statements of direct personal observations;

5.

Other general research and documentation, including listings from the Polk Directory, Burgert Brothers photographs, SanBorn Maps, aerials and other maps available through a geographic information system.

(4)

When building(s) or structure(s) devoted to a nonconforming use are destroyed or damaged, by any cause, to the extent of sixty (60) percent or more of the current assessed taxable value of all the building(s) or structure(s) comprising the nonconforming use, such building(s) or structures, if restored, shall thereafter be devoted to conforming uses.

(5)

No structural or non-structural alterations may be made to a nonconforming use, except where the following type alterations do not conflict with the provisions set forth above:

a.

Alterations made in the course of ordinary maintenance and repairs, or

b.

Alterations made to comply with the requirements of law, or

c.

Alterations made to accommodate a conforming use provided the alteration does not increase the degree on nonconformity, or

d.

Within a local historic district, the zoning administrator, after consultation with the historic preservation administrator, may approve alterations and new construction if the proposed work includes the restoration of a contributing historic structure, and the proposed improvement(s) do not increase the degree of nonconformity, or

e.

Alterations made to comply with the schedule of area, height, bulk and placement regulations.

(Ord. No. 8482-A, § 43A-192, 2-16-84; Ord. No. 9322-A, § 65, 7-24-86; Ord. No. 9739-A, § 1(43A-212), 9-24-87; Ord. No. 88-101, § 15, 4-14-88; Ord. No. 91-112, § 66, 6-27-91; Ord. No. 2001-158, § 20, 7-19-01; Ord. No. 2012-22, § 1, 3-1-2012)

A structure that is nonconforming due to noncompliance with the dimensional requirements of the official schedule of district regulations of this chapter and that is used for a use permitted in the district in which it is located may remain, provided that:

(1)

Any structural change to the structure shall not increase the degree of nonconformity. Structural changes which decrease or do not affect the degree of nonconformity shall be permitted.

(2)

A nonconforming structure or a portion thereof, if destroyed to the extent of seventy-five (75) percent or more of its current assessed valuation, may only be reconstructed in accordance with the regulations of the district in which it is located.

(Ord. No. 8482-A, § 43A-194, 2-16-84; Ord. No. 9739-A, § 1(43A-214), 9-24-87)

Nonconforming characteristics of use, which may include, by way of illustration but not limitation, inadequate parking and loading facilities, inappropriate landscaping, lighting, emissions, etc., may continue to operate, but shall not be expanded, altered, changed or relocated in such a manner to increase the degree of nonconformity.

(Ord. No. 8482-A, § 43A-195, 2-16-84; Ord. No. 9739-A, § 1(43A-215), 9-24-87)

Nonconforming structures or portions thereof that are declared unsafe, but not because of lack of maintenance, by the zoning administrator or other competent authority, may be repaired and restored, except as provided in section 27-298.

(Ord. No. 8482-A, § 43A-197, 2-16-84; Ord. No. 9739-A, § 1(43A-217), 9-24-87)

Temporary help agencies or blood donor centers that have been lawfully established at their existing locations prior to the effective date of this section and that are not in conformity with the requirements of this chapter may continue to operate until January 1, 1985. Thereafter, unless such temporary help agency or blood donor center conforms to the provisions of this chapter, it shall no longer be permitted to operate. Notwithstanding any other provisions of this chapter, any temporary help agency or blood donor center that discontinues active operation for a continuous period in excess of three (3) months shall thereafter only operate in a manner consistent with the provisions of this chapter. If a distance requirement in violation of this chapter can be brought into conformity with this chapter by the abatement of one (1) or more temporary help agencies or blood donor centers, the establishment which has been operating continuously for the longest period of time shall be permitted to remain.

(Ord. No. 8482-A, § 43A-80, 2-16-84; Ord. No. 9322-A, §§ 39(43A-198), 66, 7-24-86; Ord. No. 9739-A, § 1(43A-218), 9-24-87)

(a)

Nonconforming. Adult bookstores, adult theaters or special cabarets that have been established at their existing locations prior to the effective date of Ordinance No. 8068-A (October 1, 1982) and that are not in conformity to the requirements of this chapter may continue to operate until October 1, 1987. Thereafter, unless such adult bookstore, adult theater or special cabaret conforms to the provisions of this chapter, it shall no longer be permitted to operate. If a nonconforming spacing situation can be eliminated by the abatement of one (1) or more such establishments, the establishment that has been in business for the longest period of time shall be permitted to remain.

(b)

Enforcement. In addition to the penalty provided for in section 27-328, adult uses not in conformity to the requirements of this chapter are declared to be nuisances, and the city attorney's office is authorized to bring appropriate civil action to the court of competent jurisdiction for their abatement.

(c)

Effect. Nothing in this section shall be construed to permit the operation of any business or the performance of any activity prohibited or otherwise contrarily regulated under any other section of this Code, or under state law or federal law.

(Ord. No. 8482-A, § 43A-68, 2-16-84; Ord. No. 9322-A, § 32(43A-199), 7-24-86; Ord. No. 9739-A, § 1(43A-219), 9-24-87)

(a)

An administratively approved eighty (80) percent nonconforming lot of record for development is considered a conforming lot. A single-family dwelling and customary accessory structure may be erected, occupied and used on an administratively approved nonconforming lot of record in accord with the underlying zoning district. The following shall constitute an administratively approved eighty (80) percent nonconforming lot of record made conforming:

(1)

Nonconforming residential lots of record which met the requirements of former section 43A-210(b)(1)(A), eighty (80) percent rule (enacted by Ord. No. 9322-A, § 63, 7-24-86), which was in effect prior to the effective date of the ordinance from which this section was derived (July 6, 1989), and which are in separate ownership and are unimproved (vacant) prior to the effective date of the ordinance from which this section was derived;

(2)

Nonconforming residential lots of record which met the requirements of former section 43A-210(b)(1)(A), eighty (80) percent rule (enacted by Ord. No. 9322-A, § 63, 7-24-86), which was in effect prior to the effective date of the ordinance from which this section was derived (July 6, 1989) and which are unimproved (vacant) and for which complete and sufficient building permit applications have been submitted to and accepted by the department of business and housing development prior to the effective date of the ordinance from which this section was derived, which permit proposes to construct single-family structures on all of the nonconforming lots of record; or

(3)

Nonconforming residential lots of record which met the requirements of former section 43A-210(b)(1)(A), eighty (80) percent rule (enacted by Ord. No. 9322-A, § 63, 7-24-86), which was in effect prior to the effective date of the ordinance from which this section was derived (July 6, 1989), and which contain a single-family structure that was constructed prior to the effective date of the ordinance from which this section was derived, utilizing the provisions of former section 43A-210(b)(1)(A).

(b)

A nonconforming eighty (80) percent lot approved for development by action of city council through the special use (2) permit process is and shall be considered a conforming lot. However, development on such lot(s) is and shall be subject to the conditions and limitations set in the ordinance approving the eighty (80) percent lot development. Any proposed change or modification to the approved special use site plan is subject to section 27-128. Minor changes to be approved by zoning administrator, substantial deviations require approval by city council.

(Ord. No. 89-156, § 5, 7-6-89; Ord. No. 96-105, § 48, 5-23-96; Ord. No. 2005-51, § 4, 2-10-05)

Nonconforming tents may not be altered, changed or relocated except in a manner that is in compliance with this chapter. Existing nonconforming tents may remain for a period not exceeding thirty (30) days or the approved duration granted by a previous permit review process, which ever is longer, after which the tent must be removed.

(Ord. No. 98-35, § 3, 2-19-98)