(a)

Purpose and intent.

(1)

Within the zoning districts established by this article or amendments that may later be adopted here exist: (a) lots; (b) structures, and (c) uses of land and structures which were lawful before this article was passed or amended but which would be prohibited, regulated or restricted under the terms of this article or future amendment. It is the intent of this article that nonconformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or to allow uses prohibited elsewhere in the same district.

(2)

Nonconforming uses are incompatible with permitted uses in the districts involved. A nonconforming use of land or of a structure or in combination shall not be extended or enlarged after passage of this article by attachment on a building or premises of additional signs intended to be seen from off the premises, or by the addition of other uses of a nature which would be prohibited generally in the district involved.

(3)

To avoid undue hardship, nothing in this article shall be deemed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption of amendment of this article and upon which actual building construction has been carried on diligently. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner. Where excavation or demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such excavation or demolition or removal shall be deemed to be actual construction provided that work shall be carried on diligently.

(b)

Nonconforming lots of record.

(1)

Notwithstanding any limitations as to frontage and total area imposed by any other provision of this article, any residential lots which were of record upon any recorded plat upon August 25, 1971, may be used to construct thereon a dwelling in conformity with the district provided (a) that such dwelling does not exceed a two-family residence as defined in this article, (b) that such lots shall have a minimum width throughout their length of at least 50 feet, (c) that any such dwelling shall conform to the requirements for the district in which it is located, (d) that wherever there may exist a residence which by itself or with accessory structures exists on a building site containing more than one platted lot of record, such building site shall not henceforth be reduced or diminished in dimension or area below the minimum requirements set forth in this article for the district in which it is located (regardless of whether the residence or accessory structures have been demolished, destroyed or removed from there, in whole or in part).

(2)

If two or more lots or combinations of lots and portions of lots with continuous frontage are under single ownership at any time after April 12, 1994, and if all or part of the lots do not meet the requirements for lot width or area imposed by any other provision of this article, the lots involved shall be considered to be an undivided parcel for the purposes of this article, and no portion of such lot shall be used or sold which does not meet lot width and area requirements established by this article, nor shall any division of the parcel be made which leaves remaining any lot or parcel with width or area below the requirements stated in this article.

(c)

Nonconforming structures. Where a lawful structure exists at the effective date of adoption or amendment of this article that could not be built under the terms of this article by reason of restrictions on area, lot coverage, height, yards, floor area ratio, its location on the lot, or other requirements concerning the structure, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:

(1)

No nonconforming structure or portion thereof may be enlarged or altered in a way which increases its nonconformity, including enlargement of a structure or building into a required setback at any floor level (irrespective of the gross building area), but any structure or portion thereof may be altered to decrease its nonconformity.

(2)

If a nonconforming structure or portion thereof be demolished or destroyed through repair, remodeling, reconstruction or any other means to an extent of more than 50 percent of the assessed value of the improvements detailed on the most current records of the Orange County Property Appraiser, at the time of demolition or destruction, it shall not be reconstructed or restored except in conformity with the provisions of these zoning regulations. Alternatively, the assessed value may be determined using the average of the market-rate value as determined by an independently certified and licensed property appraiser and the most current records of the Orange County Property Appraiser. Removal and replacement of a nonconforming portion of a building with a new structure (such as new walls or roof) is not to be permitted. When 90 percent or more of the roof structure of a nonconforming building is removed, and interior floor areas are remodeled including the substantial removal of existing plumbing, electrical and mechanical systems, then that building shall be deemed to have exceeded the 50 percent destruction threshold referenced in this paragraph. Building renovations phased over a two-year period shall be combined to determine applicability of the 50 percent threshold criteria.

(3)

If a nonconforming structure is to be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.

(4)

Should such nonconforming structure be demolished, destroyed, or damaged by fire, wind storm, hurricane, tornado, flood, explosion, or other such calamity, such structure may be rebuilt or restored to its original dimensions and building setback as long as the nonconformities are not increased beyond the pre-existing condition and the building is rebuilt at same setback but not less than least five feet from the closest property line for those portions of the building which had nonconforming setbacks.

(d)

Nonconforming uses of land, nonconforming structures or structures and land in combination. If lawful use involving land or individual structures or involving structures and land in combination, exists at the effective date of adoption or amendment of this article that would not be allowed in the district under the terms of this article, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:

(1)

No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this article.

(2)

No such nonconforming use shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such use at the effective date of adoption or amendment of this article.

(3)

No existing structure devoted to a use not permitted by this article in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered, except in changing the use of the structure to a use permitted in its zoning district.

(4)

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 article, but no such use shall be extended to occupy any land outside such building.

(5)

If any structure, or part of a structure, or a structure and land in combination, in or on which a nonconforming use exists, is then superseded by a permitted use, the structure, structure and land in combination or any part of the structure or land shall then thereafter conform to the regulations of its zoning district, and the nonconforming use may not thereafter be resumed.

(6)

When a nonconforming use of land or a structure or land and structure in combination is discontinued for three consecutive months (except when governmental action impedes access to the premises), the land or structure or land and structure in combination shall not thereafter be used except in conformity with the regulations of the district in which it is located. If a nonconforming use is discontinued or abandoned on a portion of the land or structure for three consecutive months, that portion of the land or structure shall not thereafter be used except in conformity with the regulations of the district in which it is located. Land or structures shall not be deemed to be active and in continued nonconforming usage solely from the existence of a state license or local business tax receipt permitting such a use or business, but such use or business must be actively undertaken, staffed and in operation, unless other facts show legally sufficient activity, for such use or business to be deemed in active continued nonconforming usage.

(7)

When the nonconforming use of a structure involves an accessory garage apartment or other accessory living unit, if such accessory use is not occupied by a tenant for six consecutive months, then the structure must be used in conformity with the regulations of its zoning district, unless such unit has been actively advertised for lease or purchase during the six-month period.

(8)

Where nonconforming uses status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land. Destruction for the purposes of this subsection is defined as damage to an extent of more than 50 percent.

(e)

Repairs and maintenance.

(1)

On any nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs or repair or replacement of nonbearing walls, fixtures, wiring or plumbing to an extent not exceeding ten percent of the current replacement cost of the nonconforming structure or nonconforming portion of the structure, provided that the cubic content existing when it became nonconforming shall not be increased.

(2)

If a nonconforming structure becomes physically unsafe or unlawful due to the lack of repairs and maintenance and is declared by any duly authorized official 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.

(3)

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 official charged with protecting the public safety, upon order of such official.

(f)

Nonconforming building additions.

(1)

One-story residential building additions may be constructed less than the required side setback on lots built in line with the predominant side wall setback of an existing dwelling subject to the conditions set forth in section 58-70(g).

(g)

Special permit.

(1)

The intent and purpose of this section is to recognize that there are limited and special circumstances where overall community and public policy objectives of the city encourage, and shall be served by, the continuation of some nonconforming uses and structures, provided said uses and structures are not detrimental to the surrounding neighborhood and to the community values established in the city's comprehensive plan and city codes. The city commission desires to establish specific standards for this category of special permit in order to allow the continuation of some nonconforming uses and structures notwithstanding any contrary provisions of this article or City Code.

(2)

The city commission at a duly held public hearing may grant a special permit to allow the continuation of a nonconforming use or structure provided the following terms and conditions are strictly satisfied:

a.

The owner of the property on which the nonconforming use or structure exists files a special permit application provided by the city; and

b.

The applicant demonstrates that the continuation of the nonconforming use or structure:

1.

Is capable of contributing in a positive way to the character and serves the need of the community, or reuse of buildings with architectural or historic value; and reuse of buildings that generate a significant necessary economic benefit to the community; and

2.

Is compatible with, and not detrimental to, the surrounding neighborhood in terms of traffic, noise, parking, odor, light, intensity and land uses, hours of operation, landscaping, aesthetics, structural design, and density; and

3.

Is consistent with the community values, objectives, and policies established in the city's comprehensive plan and City Code.

(3)

The city commission may impose conditions and safeguards as a condition of approval of any special permit granted under this section and may also provide time limits and expiration of such special event.

(Ord. No. 2796-10, § 1(Exh. A), 2-22-10; Ord. No. 3098-17, § 9, 12-11-17; Ord. No. 3258-22, § 1, 11-9-22)

Editor's note— Ord. No. 2796-10, § 1(Exh. A), adopted Feb. 22, 2010, amended § 58-64 in its entirety as set out herein. The former § 58-64 pertained to similar subject matter.