§ 33-284.89.2. Nonconforming Lots, Uses and Structures.

A.

Purpose/Applicability.

1.

Nothing contained in this article shall be deemed or construed to prohibit the continuation of a legally established non-conforming use, structure, or occupancy, as those terms are defined in Sections 33-1, 33-34, and 33-35 of this chapter. The intent of this Section is to encourage nonconformities to ultimately be brought into compliance with current regulations. This section shall govern in the event of conflicts with other regulations of this Code pertaining to legally established nonconforming uses, structures, and occupancies.

2.

The term "nonconformity" shall refer to a use, building, or lot that does not comply with the regulations of this article. Only legally established nonconformities shall have rights under this section.

3.

For purposes of this section, the term "expansion" shall mean an improvement, addition, enlargement, extension, or modification to a structure that increases the square footage of the structure.

4.

For the purposes of this section, "legally established" shall apply to the following circumstances:

a.

A lot that does not meet the lot frontage, lot width, lot depth, and/or lot area requirements of the current zoning district, provided that such lot met the regulations in effect at the time of platting.

b.

A site or improvement that is rendered nonconforming through the lawful use of eminent domain, an order of a court of competent jurisdiction, or the voluntary dedication of property.

c.

An existing use which conformed to the code at the time it was established.

d.

A building and/or site improvement that was permitted in accordance with regulations in effect at the time of permitting or that was approved pursuant to a public hearing.

e.

A building and/or site improvement that had received final site plan approval through a public hearing pursuant to this chapter or through administrative site plan review or had a valid building permit.

f.

Discontinuation of the use, structure, or occupancy would abrogate a vested right as determined by Sections 2-114.1 to 2-114.4 of this Code.

B.

Nonconforming Lots, Uses and Structures.

1.

Nonconforming Lots.

a.

Development on a legally established, nonconforming lot that does not meet the lot frontage and/or lot area requirements of this article shall be permitted, provided that the development meets all other requirements of this article.

b.

Expansions to structures on legally established, nonconforming lots shall be permitted in accordance with this section.

c.

Variances from other requirements of this article shall require a public hearing, pursuant to this article and Section 33-311 of this chapter.

2.

Nonconforming Uses.

a.

A legally established nonconforming use may continue. Expansions to a structure containing a nonconforming use shall require Administrative Site Plan Review [see Subsection (C)] below.

b.

If a nonconforming use is discontinued for a period of more than one year, the use may not be reestablished. A use shall be considered discontinued once the activities or commerce, essential to the continuation of the use are abandoned. Discontinuance due to acts of force majeure shall not constitute abandonment, provided that a good faith effort is made to reestablish the use.

c.

Expansions of nonconforming single-family and two-family residences shall be permitted and shall not require Administrative Site Plan approval, provided that the project complies with the Building Placement Standards for single-family detached or duplex lots set forth in Section 33-284.85 of this article.

3.

Nonconforming Structures.

a.

To prevent changes in regulation from unduly burdening property owners, legally established, nonconforming structures may continue to be used and maintained. Expansions, repairs, alterations, and improvements to nonconforming structures shall be permitted only in accordance with the following provisions:

i.

Internal and external repairs, alterations, and improvements that do not increase the square footage of the nonconforming structure shall be permitted and shall not be subject to the requirements of this article.

ii.

Expansions to a nonconforming structure shall be permitted as follows:

(a)

If the total square footage of the proposed improvement is less than fifty (50) percent of the structure's net square footage at the time it became nonconforming, the improvement shall require Administrative Site Plan Review [see Subsection (C) below].

(b)

If the total square footage of the proposed improvement is equal to or exceeds fifty (50) percent of the structure's net square footage at the time it became nonconforming, the entire structure and site improvements shall be brought into compliance with current regulations.

(c)

Once the cumulative total of additional square footage of improvements equals to fifty (50) percent of the structure's net square footage at the time it became nonconforming, no additional expansions shall be permitted and the entire structure and site improvements shall be brought into compliance with current regulations.

(d)

For the purposes of this article, net square footage shall refer to the square footage indicated on the building permit or determined through equivalent evidence.

b.

If a nonconforming structure is damaged by fire, flood, explosion, wind, war, riot or any other act of force majeure, repairs shall be subject to the following provisions:

i.

If the repair/replacement cost is less than fifty (50) percent of the value of the structure based upon the average of two (2) independent appraisals, the structure may be reconstructed up to the same building height and within the same building footprint existing prior to the damage, provided that an application for final building permit has been submitted within twelve (12) months of the date of such damage unless extended by the Board of County Commissioners.

ii.

If the repair/replacement cost is equal to or exceeds fifty (50) percent of the building's value based upon the average of two (2) independent appraisals, the building and site improvements shall be brought into compliance with current regulations.

iii.

Routine internal and external maintenance, repairs and material replacement such as re-roofing, painting, window or door replacement, mechanical equipment repair and replacement, plumbing and electrical maintenance, and similar repair, maintenance and replacements shall be permitted and shall not be subject to the requirements of this Article.

c.

If a nonconforming building is deemed to be unsafe pursuant to Chapter 8 of this Code, and demolition is required, the building shall be rebuilt in accordance with current regulations.

d.

In addition to the requirements of this section, all repairs, improvements and expansions to a nonconforming building shall comply with the Florida Building Code.

4.

Notwithstanding any other provision to the contrary, a lawfully existing single-family or two-family home use or mobile home park use may be repaired without being brought into compliance with current regulations, even if it is discontinued for a period of six months or more or incurs damage to the roof or structure to an extent of 50 percent or more of its market value.

C.

Administrative Site Plan Review Standards.

1.

Where Subsection (B) above permits the expansion of a nonconforming use or structure subject to administrative review, the project shall be reviewed according to the plan review standards outlined in this sub-section. The intent of the plan review shall be to allow for the continuation of viable uses and structures while seeking opportunities to lessen the adverse impacts of proposed expansions and encouraging nonconformities to ultimately be brought into compliance.

2.

Expansions to nonconforming single-family and two-family residences are permitted and shall not require Administrative Site Plan Review (ASPR) approval, provided said expansion complies with the single-family detached or duplex lot criteria indicated in the building placement standards of this article. One-family and two-family residences that were rendered nonconforming due to the assignment of a nonresidential land use designation shall be permitted to continue and expand in accordance with Subsection (B) above. The expansion shall not require ASPR approval provided said expansion meets the applicable single-family detached or duplex lot criteria indicated in the building placement standards of this article.

3.

Expansions permitted under Subsection (B) above subject to the Administrative Site Plan Review (ASPR) process, shall be permitted by the Department upon a showing that the project satisfies all of the following criteria:

a.

The expansions will not cause adverse impacts, such as traffic, noise, dust, odors and parking congestion, on surrounding properties or significantly change the character of the area.

b.

The expansion shall comply with the setback requirements applicable only to the expanded area, as indicated in the Building Placement Standards set forth in Section 33-284.85 of this article. Other requirements set forth in Section 33-284.85 such as building frontage may be waived by the Director.

c.

The number of parking spaces necessitated by the expansion is provided in accordance with the minimum number of parking spaces requirements in Section 33-284.86(F)(2).

d.

The expansion shall comply with the street tree requirement in this article and with the parking lot buffers requirement in Chapter 18A (Landscape Code).

4.

If the project does not meet the aforementioned criteria, it shall be permitted if approved upon public hearing. At public hearing, additional conditions may be imposed to enhance compatibility of the project with the surrounding area, including without limitation, the following:

a.

Limit the manner in which the use is conducted, including restricting hours of operation and other restraints, to minimize adverse impacts such as noise, vibration, air pollution, glare and odor.

b.

Specify additional screening or open space to minimize impacts to surrounding properties or the character of the area.

c.

Restrict the height, size, or location of a building or other structure.

d.

Require additional right-of-way dedication or road improvements.

e.

Restrict the number, size, location, height or lighting of signage.

f.

Limit the location and intensity of outdoor lighting or require its shielding.

g.

Restrictions to protect existing natural, cultural and historical resources.

h.

Impose additional restrictions necessary to protect existing natural, cultural, and historical resources.

i.

Impose additional conditions necessary to further the intent and purpose of this article and the Comprehensive Development Master Plan.

(Ord. No. 12-86, § 10, 10-2-12; Ord. No. 13-43, § 14, 5-7-13; Ord. No. 16-90, § 2; 9-7-16)