Within the zoning districts established by these regulations or amendments that may later be adopted, there may exist (a) lots, (b) structures, (c) uses of land and structures, and (d) characteristics of use which were lawful before these regulations were adopted or amended, but which would be prohibited, regulated, or restricted under the terms of these zoning regulations or future amendments. It is the intent of this Chapter to permit these non-conformities to continue until they are voluntarily removed or removed as required by these zoning regulations, but not to encourage their survival.

Non-conforming uses are declared by this Chapter to be incompatible with permitted uses in the zoning districts involved. A non-conforming use of a structure, a non-conforming use of land, or a non-conforming use of structure and land in combination shall not be extended, expanded or enlarged after the effective date of these zoning regulations.

To avoid undue hardship, nothing in these regulations shall be deemed to require a change in the plans, construction, or designated use of any building or property for which a valid building permit was lawfully issued prior to the effective date of these regulations. If no actual construction pursuant to a valid permit has been commenced, thereafter all development shall be in accordance with these land development regulations.

(A)

Any lot or parcel, which was of record as of January 1, 1974, that does not meet the requirements of these land development regulations for lot area or lot width, may nevertheless be utilized for single-family residence purposes only, provided that the lot area and lot width are within two-thirds of that required by the terms of the land development regulations.

(B)

Non-conforming lots of record shall also be subject to the following provisions:

(1)

No lot width shall be less than fifty (50) feet; no lot area shall be less than five thousand (5,000) square feet and any structure placed on such lots shall conform to at least two-thirds of the setback requirements of this chapter, except that no more than a five-foot side yard setback shall be required for a fifty-foot width, and further except that the setback for front and rear yard shall be one hundred (100) percent of that required by this chapter.

(2)

When a non-conforming 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 minimums set forth within its respective zoning district, then the lot may be used as proposed, just as if it were conforming. However, no use (e.g. duplex) that requires a greater lot size than the established minimum lot size for a particular zone is permissible on a non-conforming lot.

(A)

Except as specifically provided in this section, no person may engage in any activity that causes an increase in the extent of non-conformity. In particular, physical alteration of structures or the placement of new structures on open land is unlawful if such activity results in:

(1)

An increase in the total amount of space devoted to a non-conforming use; or

(2)

Greater non-conformity with respect to dimensional restrictions or other requirements.

(B)

Notwithstanding Subsection (A), any non-conforming residential structure may be enlarged or replaced along the existing non-conforming side and rear setbacks, providing the non-conforming setbacks are no less than five (5) feet from any property line. This paragraph is subject to the limitations stated in Section 7-7 (abandonment and discontinuance of non-conforming situations).

(C)

No nonconforming building shall be enlarged or structurally altered except to make it a conforming building except in those cases where Section 7-3(B) applies.

(A)

On any non-conforming structure or portion of a structure and on any structure containing a non-conforming use, repairs and maintenance to the structure may be made, provided the structure is not enlarged to increase the non-conformity except in those cases where Section 7-3(B) applies.

(B)

Routine maintenance is encouraged and repairs and renovations which do not exceed 50% of the appraised valuation of the structure may be done only in accordance with the issuance of a building permit. Any nonconforming building which requires repair of fifty percent (50%) or more of its assessed value, shall be required to conform to the provisions of this chapter.

(C)

Any nonconforming building which has been destroyed or damaged by fire, explosion, act of God, or by a public enemy to the extent of fifty percent (50%) or more of its assessed value, shall thereafter conform to the provisions of this chapter. Where more than fifty percent (50%) of the assessed value remains after such damage, such structure may be restored to the same nonconforming use as existed before such damage. This subsection does not apply to structures used for single-family residential purposes, which structure may be enlarged or replaced as provided in section 7-3(B).

(D)

For purposes of Subsections (A), (B) and (C) above:

(1)

The "cost" of renovation or repair or replacement shall mean the fair market value of the materials and services necessary to accomplish such renovation, repair, or replacement.

(2)

The "cost" of renovation or repair or replacement shall mean the total cost of all such intended work, and no person may seek to avoid the intent of Subsections (A) or (B) by doing such work incrementally.

(3)

The "appraised valuation" shall mean the appraised valuation for property tax purposes, updated as necessary by the increase in the consumer price index since the date of the last valuation.

A change in use of property where a non-conforming situation exists that is sufficiently substantial to require a new development permit may not be made except in accordance with Subsections (A) and (B) below.

(A)

If the intended change in use is to a principal use that is permissible in the district where the property is located, and all of the other requirements of the Land Development Regulations in effect at the time of permit application for that use can be complied with, permission to make the change must be obtained in accordance with Chapter 4, Application Procedures and Permitting. Once conformity with this chapter is achieved, the property may not revert to its non-conforming status.

(B)

If the intended change in use is to a principal use that is permissible in the district where the property is located, but all of the requirements of the Land Development Regulations for that use cannot reasonably be complied with, then a variance to said requirements may be applied for in accordance with Chapter 4, Application Procedures and Permitting, subject to the following:

(1)

The intended change will not result in a violation of Section 7-3; and

(2)

All of the applicable requirements of the Land Development Regulations that can reasonably be complied with will be complied with. Mere financial hardship caused by the cost of meeting said requirements, (including but not limited to paved parking, landscaping and buffers, architectural standards, signage), does not constitute grounds for finding that compliance is not reasonably possible. And in no case may an applicant be given permission pursuant to this subsection to construct a building or add to an existing building if additional non-conformities would thereby be created.

If characteristics of use, such as signs, off-street parking or off-street loading, or other matters pertaining to the use of land, structures, and premises are made non-conforming by these zoning regulations as adopted or amended, no change shall thereafter be made in such characteristics of use which increases non-conformity with the regulations herein set out; provided, however, that changes may be made which do not increase, or which decrease, such non-conformity.

(A)

Any non-conforming use of land or structure, including land in the County which is annexed into the City, which has ceased by discontinuance or abandonment for a period of one (1) year shall thereafter conform to the provisions of this chapter relating to the zoning district in which it is located.

Evidence of abandonment shall include the failure to maintain regular business hours; the cancellation of utility accounts; and the failure to maintain the building(s) and premises. The continuation of an occupational license by the business owner shall not, by itself, constitute proof of non-abandonment.

(B)

For purposes of determining whether a right to continue a non-conforming situation is lost pursuant to this section, all of the buildings, activities, and operations maintained on a lot are generally to be considered as a whole. For example, failure to rent one apartment in a non-conforming apartment building for one year shall not result in a loss of the right to rent that apartment or space thereafter so long as the apartment building as a whole is continuously maintained. But if a non-conforming use is maintained in conjunction with a conforming use, discontinuance of a non-conforming use for the required period shall terminate the right to maintain it thereafter.

If a non-conforming structure or portion of a structure or any structure containing a non-conforming use becomes physically unsafe or unlawful due to lack of repairs or maintenance, and is declared by the duly authorized official of the City of Tavares to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired, or rebuilt except in conformity with the regulations of the district in which it is located if the cost of such repairs do not exceed fifty (50%) percent of the appraised valuation as provided in Section 7-4(D).

If a non-conforming structure or portion of a structure or any structure containing a non-conforming use becomes physically unsafe or unlawful for reasons other than lack of repairs or maintenance, nothing contained herein shall be deemed to prevent the strengthening or restoring to a safe condition of such building or part thereof declared to be unsafe by the authorized official of the City of Tavares charged with protecting the public safety; providing, however, that where such unsafeness or unlawfulness is the result of damage from destruction, the percentage of damage limitations set out in Section 7-4 shall apply.

All non-conforming projects on which construction was begun at least 180 days before the effective date of this chapter as well as all non-conforming projects that are at least 10 percent completed in terms of the total expected cost of the project on the effective date of this chapter may be completed in accordance with the terms of their permits, so long as these permits were validly issued and remain unrevoked and unexpired. If a development is designed to be completed in stages, this subsection shall apply only to the particular phase under construction.