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HomeMy WebLinkAboutArticle VIIIARTICLE VIII: NONCONFORTMITIES AND NONCOMPLIANCES SECTION 54-2-8.1: DEFINITIONS For purposes of this Code the terms "nonconforming use" and "noncomplying building or structure" are defined as follows: A. Nonconforming Use. A use of a building or structure or a tract of land which does not, on the effective date of this ordinance or amendment thereto, conform to any one of the current permitted uses of the zoning district in which it is located, but which was legally established in accordance with the zoning in effect at the time of its inception, or which use pre -dates all zoning codes and which use has not changed or been abandoned during its existence. Herein such nonconforming use may be referred to as a nonconformity. B. Noncomplying Building or Structure. Any building or other structure, for which the use is lawful (permitted or nonconforming), but the building or other structure does not comply with all applicable provisions of this code, including, but not limited to size and dimension regulations, off-street parking requirements, landscape requirements, performance standards, or height requirements, either on the effective date of this ordinance or as a result of any subsequent amendment. Herein such noncomplying building or structure may be referred to as a noncompliance. SECTION 54-2-8.2: PURPOSE AND INTENT A. Purpose. The purpose of this article is to allow for, while not encouraging, the continuation of those lots, structures, uses, characteristics of use, or combinations thereof, which were lawful before the /04�- passage of this code, but which would be prohibited, regulated, or restricted under the terms of this code or future amendments thereto. f'M*1 This article is designed to provide reasonable and equitable standards and guidelines for the control and management of nonconforming uses and noncomplying buildings and structures. The regulations are especially important in regulating changes in the use, building or structure. Characteristics regulated include: kind of quality, volume or intensity, location, ownership or tenancy, accessory or incidental uses thereto, extension, enlargement, replacement, or any other change in characteristics of uses, buildings, or structures. B. Intent. It is the intent of this article to allow these nonconformities and noncompliances to continue until they are removed but not to encourage their survival. Such nonconformities and noncompliances are declared by this chapter to be incompatible with permitted uses in the districts involved. It is further the intent of this article that nonconformities and noncompliances shall not be enlarged upon, expanded or extended nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district. SECTION 54-2-8.3: CONTINUANCE OF LAWFUL NONCONFORMITIES OR NONCOMPLIANCES A. Continuance of Nonconformities. A nonconforming use lawfully existing at the time of the enactment of this ordinance may be continued subject to the provisions of this code. B. Continuance of Noncompliances. The lawful use of a noncomplying building or structure may be continued subject to provisions of this code. Luid Development Code Page VIII-t City of Sebastian 6/8/2000 4:05 PNt Chapter U: District and General Regulations Article VM: Nonconformities and Noncompliances C. Rules for Interpretation. Nothing in this code shall be interpreted as authorization for, or approval of, (0� continuation of any illegal use of a building, structure, premises or land, in violation of any ordinance. The casual, intermittent, temporary or illegal use of land, building or structure shall not be sufficient to establish the existence of a nonconforming use. Any building or structure for which a lawful building permit was issued prior to the enactment of this code, and construction of which is in conformity with approved site plans, if applicable, and building plans, shall not be affected by this code if the planned building or structure is built in full compliance with this code as it existed at the time of the issuance of the building permit. However, if such building or structure does not conform to the provisions of this code which cause such planned building, structure or use to be nonconforming or noncomplying, then it shall be nonconforming or noncomplying, or both, as the case may be, by applying this code to the building, structure or use. SECTION 54-2-8.4: NONCOMPLYING LOTS OF RECORD Where a lot has an area and/or frontage less than the required minimum for the district in which it is located and was a lawful lot of record on the date such lot was zoned and rezoned to its current district classification, said lot may be used for any use permitted in the district in which it is located so long as the remaining provisions are complied with; provided, however, that in any residential district, the only use permitted on such nonconforming lot shall be one single-family dwelling. In all cases, any other zoning variances needed must be obtained from the Board of Adjustment, which may grant only the minimum variance necessary to the reasonable utilization of such lot. Such nonconforming lot must be in separate ownership and shall not share continuous frontage with other building sites in the same ownership. If two (2) or more contiguous lots under common ownership have continuous frontage and are legal lots of record at the time of passage or amendment of this article and if one or more of the lots do not meet the requirements for lot width and area as established by this article, no portion of said parcel shall be used which does not meet building site width and area requirements established by the Land Development Code without bringing the lot(s) into compliance with the requirements of the Land Development Code. No division of any lot or parcel shall be made which leaves any lot, parcel, or remnant with width or area below the requirements stated in the land development regulations. SECTION 54-2-8.5: INCREASE IN NONCONFORMIITIES PROHIBITED A nonconformity shall not be extended, expanded, enlarged, or increased in intensity, and such extension, expansion, enlargement, or increase shall include without being limited to: A. Extension of a nonconforming use to any other building or other structure or the extension of a nonconforming use to any land area other than the specific land area that was actually and directly occupied by such use on the effective date of this code (or on the effective date of a subsequent amendment thereto that causes such use to become nonconforming). B. Extension of a nonconforming use within a building or other structure to any portion of floor area on the same or another floor that was not actually and directly occupied by such use on the effective date of this code (or on the effective date of a subsequent amendment thereto that causes such use to become nonconforming). Notwithstanding, an existing nonconforming use may be extended within its existing structure if the extension does not require additional new floor area and such extension does not require additional parking spaces and the existing nonconforming use and the proposed extension comply with size and dimension regulations and other provisions of this code. Landscaping requirements shall be satisfied to the extent that sufficient area is available on -site. C. Operation of a nonconforming use in such manner as to conflict with any performance standards established for the district in which the use is located. Land Development Code Page VIII-2 City of Sebastian 6/8/2000 Chapter II: District and General Regulations Article VM: Nonconformities and Noncompliances D. Nothing contained in this article shall in any way prohibit a nonconforming use from acquiring additional off-street panting area, subject to applicable landscape requirements. E. No additions which increase the area of a building or structure shall be made if the building or structure is occupied, in whole or in part, by a nonconforming use. F. No structural alterations shall be made to any building or structure occupied by a nonconforming use except as permitted by this section. SECTION 54-2-8.6: CHANGE IN NONCONFORMING USES NVITHOUT STRUCTURAL ALTERATION If no structural alterations are made, a nonconforming use of a building or structure may be changed to another nonconforming use of a similar or higher (more restrictive) classification under the following conditions: The burden of proof shall be the responsibility of the applicant in demonstrating the following: A. The change in use shall not intensify or enlarge the basic use of the building or premises by increasing the need for parking facilities; by increasing vehicular or pedestrian traffic; by creating more noise, vibration, fire hazard, smoke, dust or fumes, by increasing hours of operation or number of employees; by increasing ground coverage or adversely impacting drainage; or otherwise result in a more intensive use of the building or premises; or change the basic character of the building or premises to more nearly conform to the character of the zoning of the district in which the building or structure is located. B. When a nonconforming use of all or any part of a building, structure or premises is changed to another nonconforming use of a more restricted character, the new use may not thereafter be changed to any less restricted use. C. When a nonconforming use of all or any part of a building, structure or premises has been changed to a conforming use, the new conforming use shall not thereafter be changed to any nonconforming use. D. No structural alterations shall be made to any building or structure occupied by a nonconforming use except as permitted in this code. E. The parking and landscape provisions of subsection 54-2-8.7(F) shall be met. SECTION 54-2-8.7: STRUCTURAL ALTERATIONS TO NONCONFORT IITIES OR NONCOMPLIANCES Where a lawful structure or use exists at the effective date of adoption or amendment of this code, and it could not be built or used under the terms of this code by reason of restrictions on area, lot coverage, height, yards, location on the lot, or other site development standards or requirements concerning the structure or use, it may be continued so long as it remains otherwise lawful, subject to the following provisions: A. Alteration, Extension, Enlargement or Expansion of Nonconforming Use or Noncomplying Building or Structure. No such alteration, extension, enlargement or expansion of a nonconforming use or noncomplying building or structure shall be permitted in a way which increases its nonconformance or noncompliance with present site development and use standards of the zoning district in which it is located, but any such structure or use or portion thereof may be altered to decrease its nonconformance or noncompliance with present site development and use standards of the zoning district in which it is located. Nothing in this subsection shall prohibit the building official from ordering the compliance with all other provisions of this code and applicable building construction and safety related codes. Land Development Code Page VIII-3 City of Sebastian b/8/2000 Chapter H: District and General Regulations Article VM: Nonconformities and Noncompliances B. Replacement, Restoration and Reconstruction of Nonconforming Use or Noncomplying Building or Structure. In the event that any existing nonconforming structure or use, as provided for in this section, is destroyed by any means, including fire, flood, wind, explosion, act of God or act of a public enemy, such structure or use shall be permitted to be replaced, restored, or reconstructed according to the site development in effect at the time of its original construction except that replacement, restoration and reconstruction can only occur in compliance with those building, plumbing, electrical, gas, fire and other construction and safety related regulations of the City in effect at the time of application for a permit to allow replacement, restoration or reconstruction. Reasonable effort shall be undertaken to remedy any prior nonconformity or noncompliance. However, in no event shall the destroyed nonconforming structure or use be replaced to a degree or level which increases the prior existing nonconformity or noncompliance. C. Repairs and Maintenance of Nonconforming Use or Noncomplying Building or Structure. Routine repairs and maintenance of nonconforming structures or uses on fixtures, wiring or plumbing or on the repair or replacement of walls shall be permitted. D. Change in Location of Nonconforming Use or Noncomplying Building or Structure. Should any nonconforming structure or use be moved for any reason to any distance whatever from its original permitted location, it shall thereafter conform to the regulations for the zoning district in which it is located after it is moved. E. Accessory or Incidental Structures or Uses. Structures or uses normally accessory to or incidental to a permitted structure or permitted use in the zoning district in which the nonconforming use or noncomplying building or structure is located may be permitted as accessory structures to the nonconforming or noncomplying building or structure so long as a nonconformance or noncomplying f"`� building or structure is not intensified. F. Treatment of Drainage, Off-street Parking and Landscape Requirements. All changes in nonconformities or noncompliances shall satisfy the appropriate drainage, parking and landscape provisions cited below and shall also comply with the drainage, off-street parking and landscape regulations of this code: 1. If drainage, parking and landscaping, or any combination thereof are deficient at the time of the proposed change under the provisions of this code and the change does not require any additional drainage, parking or landscaping which would increase the existing deficiency, the change is permitted only if the deficiencies are: a. Corrected to the extent sufficient land is available on the site. If sufficient land was not available on the site on the effective date of this code to allow correction of all of the drainage, parking and/or landscaping deficiencies and sufficient land is not then (at the time of the proposed change) available, priority for correcting the landscaping and parking deficiencies shall be determined on a case -by -case basis by the Planning and Growth Management Department. 2. If the drainage facilities and/or landscaping and/or parking are deficient at the time of the proposed change under the provisions of this code and the proposed change requires drainage facilities or parking spaces in addition to the existing deficiency, the change is prohibited unless the net additional drainage facilities and/or parking area and its attendant landscaping are tlo� provided and any deficiencies are corrected pursuant to the criteria of 54-2-8.7(F)(1) above. Land Development Code Page VIII-4 City of Sebastian 6/8/`?000 Chapter II: District and General Regulations Article VM: Nonconformities and Noncompliances SECTION 54-2-8.8: ABANDONMENT OF A NONCONFORMITY OR NONCOMPLIANCE If a nonconformity is removed, abandoned, or ceases, for a continuous period of not less than one hundred and eighty (180) days, every future use of the structure and/or premises shall be in conformity with the use provisions of the land development regulations. All material and equipment associated with the abandoned nonconformity shall be completely removed from the premises by its owner within one-year after the expiration of the one hundred and eighty (180) day period. If a noncomplying building or structure ceases to be used in a lawful manner (permitted or nonconforming) for a continuoius period of one hundred and eighty (180) days, further use will not be permitted until deficiencies regarding drainage, off-street parking ad landscaping requirements are corrected pursuant to Section 54-2- 8.7(F). Where the cessation of the use is involuntary, the nonconforming use shall not be declared abandoned after the one hundred and eighty (180) day period. However, if the use is discontinued voluntarily or involuntarily for a period of one year or more, every future use of the premises shall be in conformance with the use provisions of this chapter and all material and equipment associated with the discontinued nonconforming use shall be completely removed from the premises by the owner within sixty (60) days. - Voluntary abandonment shall be indicated by one or more of the following: 1. Allowing licenses to lapse; 2. Removing utility meters; 3. Not maintaining structure in a habitable condition; 4. Not making unit available for occupation (i.e., advertising or marketing through a realtor or other agent); and/or 5. Failure to perform actions pursuant to the terms of an active building permit. Land Development Code Page VIII-5 City of Sebastian 6/8i `?000