(a)

Existing uses. Any lawful use of land or structures existing prior to the effective date of any zoning resolution or ordinance affecting the plot which precluded such use is hereby declared not to be in violation of this chapter and may be continued, except as provided in subsection (b) of this section. Such a nonconforming use shall be subject to all of the provisions of this section pertaining to its continuance, change and discontinuance as well as all other provisions in this chapter relating to nonconforming uses.

(b)

Computation of time period. Where a period of time is specified in this section, or in any other section of this chapter, for the removal or discontinuance of nonconforming buildings, structures or uses, said period shall be computed from the effective date of such reclassification or change of regulations.

(c)

Establishment of nonconforming uses. In order to establish a nonconforming use, existing at the effective date of the ordinance from which this section is derived, or any use which thereafter becomes nonconforming, the property owner shall apply for and be issued a certificate of legal nonconformity. The applicant shall submit at least two of the following:

(1)

A sealed survey dated prior to the effective date of the resolution or ordinance which precluded the use, indicating that the use and buildings and structures accessory thereto were in existence;

(2)

Three sworn affidavits from persons having personal knowledge of the existence of the use and any accessory buildings and structures prior to the effective date of the resolution or ordinance which precluded the use;

(3)

Verifiable photographs indicating the existence of the use and any accessory buildings and structures prior to the effective date of the resolution or ordinance which precluded the use;

(4)

Copies of building permits issued prior to the effective date of the resolution or ordinance which precluded the use, indicating the proposed use and the size and location of any accessory buildings or structures;

(5)

If, after review, the use is determined to have met all requirements of this section, a certificate of legal nonconformity shall be issued by the city administrator or designee.

(d)

Restoration of structures. Notwithstanding the requirements of subsection (c) of this section, structures may be restored when all of the following criteria are met:

(1)

Provides no greater height, provides no greater number of dwelling units (as to residential structures) and no greater quantity of square feet of gross floor area (as to commercial structures) than that which lawfully existed immediately prior to the event of destruction;

(2)

Requires a variance, if any, only from setbacks, lot coverage, height, floor area ratio, motor vehicle parking area, landscaping, open space or similar criteria, if the grant of such variance would result in development which is still compatible with surrounding uses and structures and does not result in restoring a nonconforming land use which is specifically prohibited as a use by this chapter. Compatibility shall be determined upon application for a variance except that unnecessary hardship standards will not be used; and

(3)

In accordance with subsection (d)(2) of this section, restoration shall be found to be compatible if each of the elements for which a variance is necessary, when balanced with all features of the property restoration, does not impair the purposes of this chapter in ensuring that the grant of a variance:

a.

Maintains the basic intent of the chapter;

b.

Is not detrimental to the appearance of the community as protected by the chapter;

c.

Is compatible with the surrounding land uses and structures and is not detrimental to the community;

d.

The restriction upon restoration and rebuilding shall not apply to damages or destruction to any residentially developed property which damage or destruction is caused by a hurricane or other natural disaster affecting a substantial portion of the community and not primarily affecting an isolated property or development. This provision is intended to avoid disruption of housing availability and to avoid inconvenience to the residential population;

e.

The restriction upon restoration and rebuilding shall not apply to damages or destruction to any property within a community facility zoning district or commercially developed property which damage or destruction is caused by a hurricane or other natural disaster affecting a substantial portion of the community and not primarily affecting an isolated property or development. This provision concerning commercially developed property shall not be applicable to the city's redevelopment area. This provision concerning commercially developed property is intended to avoid disruption of economic resources and employment centers within the city so as to ensure continued economic growth and development. This subsection shall not be applicable to sign structures.

(Ord. No. 2007-02, exh. A, § 33, 2-21-2007)

(a)

Nonconforming use of buildings. The nonconforming use of a building may be extended throughout any part of the building clearly designed for such use but not so used at the effective date of the resolution or ordinance which created the nonconforming use. Any nonconforming use which occupied a portion of a building not originally designed or intended for such use shall not be extended to any other part of the building or any other building or structure on the plot.

(b)

Nonconforming use of land. A nonconforming use may not be extended to any land outside of a building. The nonconforming use of land shall not be extended to any additional area on the plot not so used at the effective date of the resolution or ordinance which created the nonconforming use.

(c)

Repair, alteration, enlargement of buildings and structures used for nonconforming uses. No structure utilized for a nonconforming use shall be enlarged, extended or structurally altered, unless the use is changed to one which complies with the provisions of this chapter; provided, that repairs and maintenance may be carried out in any one year period in an amount not to exceed 25 percent of the assessed value of the structure for that year, and further provided that such work does not increase the cubical content of the building or the floor area devoted to the nonconforming use, or increase the number of dwelling units. Improvements required shall be exempt from this subsection. Nothing herein shall prevent compliance with applicable laws or statutes relative to the safety and sanitation of a building occupied by a nonconforming use.

(Ord. No. 2007-02, exh. A, § 34, 2-21-2007)

(a)

There may be a change of tenancy, ownership or management of a nonconforming use, provided there is no change of use, except as may be permitted by this article.

(b)

Any change of a nonconforming use shall be to a conforming use.

(Ord. No. 2007-02, exh. A, § 35, 2-21-2007)

(a)

Nonconforming use of land. If for any reason a nonconforming use of land ceases or is discontinued for a period of more than 60 days, the land shall not thereafter be used for a nonconforming use.

(b)

Nonconforming use of building or structure. If for any reason the nonconforming use of a building or structure ceases or is discontinued for a period of six months or more, the building or structure shall not thereafter be used for a nonconforming use.

(c)

Reconstruction after catastrophe. If any nonconforming building or structure in which there is a nonconforming use, is damaged by fire, flood, explosion, collapse, wind, war or other catastrophe to such an extent that the cost of rebuilding, repair and reconstruction will exceed 51 percent of the replacement cost of the same building or structure, it shall not be again used or reconstructed except in full conformity with the regulations of the district in which it is located. For purposes of this subsection, multiple-family residential buildings in multiple-family residential districts which are nonconforming insofar as maximum density, shall be exempt from this subsection and may be reconstructed to the same density, height, setbacks, plot coverage and amount of off-street parking as was originally provided, subject to compliance with chapter 20, the land development code, and subject to availability and allocation of reserve units.

(Ord. No. 2007-02, exh. A, § 36, 2-21-2007)

(a)

Nothing in this section shall be interpreted as authorization for, or approval of the continuation of the use of a structure or premises in violation of any ordinance or resolution in effect at the time the use was initially begun at the premises.

(b)

The casual, temporary or illegal use of land or a building or structure, or part thereof, shall not be sufficient to establish the existence of a nonconforming use or to create any vested rights in the continuance of such a use.

(Ord. No. 2007-02, exh. A, § 37, 2-21-2007)

(a)

The foregoing provisions of this section are intended to apply only to nonconforming uses, and are not intended to apply to uses permitted in the zoning district in which they are located in existing buildings and structures, and their plots, which do not conform to this chapter insofar as height, yards, plot size, plot area, coverage, separation or other similar dimensional requirements or amount of off-street parking. Any additions, extensions or alterations to such existing buildings or structures shall comply with all applicable provisions of this chapter. In the event any such building or structure is damaged or destroyed by fire, flood, explosion, collapse, wind, war or other catastrophe, such building or structure may be reconstructed with the same dimensional requirements and amount of off-street parking as the original building or structure, provided there is no change of use.

(b)

If the occupancy of a building, or part thereof, by any nonresidential use permitted in the zoning district in which it is located, but which does not comply with this chapter insofar as dimensional requirements, separations or amount of off-street parking, ceases for any reason for a period of six months, such use shall not thereafter be permitted to occupy the building, or part thereof, unless the building, or part thereof, and plot thereon are in full compliance with this chapter.

(Ord. No. 2007-02, exh. A, § 38, 2-21-2007)