§ 33-35. Nonconforming Lots, Uses and Structures.
(A)
Purpose/Applicability
(1)
Nothing contained in this Chapter shall be deemed or construed to prohibit the continuation of a legally established nonconforming use, structure or occupancy, as those terms are defined herein. The intent of this Section is to encourage nonconformities to ultimately be brought into compliance with current regulations.
(2)
The terms "nonconformity" and "nonconforming" shall refer to a use, building, or lot that does not comply with the regulations of the applicable zoning district. Only legally established nonconformities shall have rights under this Section.
(3)
For the purpose 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 applicable zoning district, provided that such lot met the regulations in effect at the time of platting or at the time the lot was otherwise lawfully created.
(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 though administrative approval or had a valid building permit or is otherwise determined by the Director to have been legally authorized.
(f)
A vested right has been established pursuant to Sections 2-114.1 to 2-114.4 of this Code.
(g)
A legal residential use (including but not limited to a mobile home or manufactured home) that: existed on August 23, 1992; and was allowed to be rebuilt either in compliance with all plans approved and of record as of August 23, 1992, or in accordance with any use and number of units permitted by a certificate of occupancy then in existence; and for which an application for a building permit had been submitted prior to August 30, 1993.
(5)
This Section shall not apply to nonconforming lots, structures or uses located within an Urban Center District or Urban Area District. These areas shall be governed by Article XXXIII(K) (Standard Urban Center District Regulations).
(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 the applicable zoning district shall be permitted, provided that the development meets all other requirements of the applicable zoning district.
(b)
Expansions of structures on legally established, nonconforming lots shall be permitted in accordance with this section.
(c)
Variances from other applicable zoning requirements shall be approved only through: a public hearing, pursuant to Section 33-311 of this Code; or through administrative procedures authorized by this chapter.
(2)
Nonconforming Uses
(a)
A legally established nonconforming use may continue.
(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 and commerce, essential to the continuation of the use are abandoned, unless the property owner is able to demonstrate that there was no intent to abandon the use. Discontinuance due to acts of force majeure shall not constitute abandonment provided a good faith effort is made to reestablish the use.
(c)
No such nonconforming use shall be enlarged or increased to occupy a greater area of land or structure, except that expansions of nonconforming single-family and two-family residences shall be permitted.
(d)
Existing Uses. Notwithstanding any other provision of this chapter to the contrary, an existing use that conflicts with any requirement of this chapter may be enlarged or increased to occupy a greater area of land or structure, only if approved after public hearing. For purposes of this section, an "existing use" is the use of any land, building, structure, improvement, or premises that legally existed on or before October 22, 1957.
(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.
(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 comply with current regulations.
(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 Section, net square footage shall refer to the square footage indicated on the building permit or determined through equivalent evidence such as aerial photographs, tax roll information, certificates of use or occupancy, or design professional certifications.
(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.
(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.
(Ord. No. 14-34, § 2, 5-6-14)