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(A) Within the districts established by these zoning regulations or amendments that may later be adopted, there may exist lots, structures, uses of land or water and structures, and characteristics of uses which were lawful before these zoning regulations were adopted or amended, but which would be prohibited, regulated, or restricted under the terms of these zoning regulations or future amendments. It is the intent of these zoning regulations to permit these nonconformities to continue until they are voluntarily removed as required by these zoning regulations, but not to encourage their survival. A nonconformity may be continued so long as it remains otherwise lawful, provided that:
(1) Enlargement, increase, intensification, alteration. No nonconforming use shall be enlarged, intensified, increased in height, or extended to occupy a greater area of land or water than was occupied at the effective date of adoption or amendment of these zoning regulations.
(2) Movement. No nonconforming use or structure shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by the use at the effective date of adoption or amendment of these zoning regulations.
(3) Discontinuance. If any nonconforming use ceases for any reason (except when governmental action impedes access to the premises) for a period of more than three consecutive months, or for more than six months during a two-year period, any subsequent use of that land shall conform to the regulations specified by these zoning regulations for the district in which that land is located.
(4) Destruction. Should any nonconforming structure or nonconforming portion of structure be destroyed by any means to an extent of more than 50% of its replacement value at time of destruction, it shall not be reconstructed except in conformity with the provisions of these zoning regulations. In connection with any outdoor advertising sign regulated by F.S. Chapter 479, the sign shall only be considered destroyed if it is destroyed within the meaning of F.S. Chapter 479 and Rule 14-10.007(6)(a), Florida Administrative Code.
(5) Subdivision or structural additions. No land in nonconforming use shall be subdivided, nor shall any structures be added on the land except for the purposes and in a manner conforming to the regulations for the district in which the land is located. However, subdivision may be made which does not increase the degree of nonconformity of the use.
(6) Change in tenancy or ownership. There may be a change in tenancy, ownership, or management of a nonconforming use, provided there is no change in the nature or character of the nonconforming use.
(7) Unsafe nonconforming structures because of lack of maintenance. If a nonconforming structure or portion of a structure, or any structure containing a nonconforming use, becomes physically unsafe or unlawful due to lack of repairs or maintenance, and is declared by the duly authorized official of the city to be unsafe or unlawful by reason of its 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.
(8) Casual, temporary, or illegal use. The casual, temporary, or illegal use of land or structures, or land and structures in combination, shall not be sufficient to establish the existence of a nonconforming use or to create rights in the continuance of such use.
(B) To avoid undue hardship, nothing in these zoning regulations 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 or amendment of these zoning regulations and upon which actual building construction has been carried on diligently. Such construction shall be completed within the time period specified in the building permit originally granted for the construction.
(C) In any district in which single-family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected, expanded, or altered on any single lot of record at the effective date of adoption or amendment of these zoning regulations, notwithstanding limitations imposed by other provisions of these zoning regulations. The lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. This provision shall apply even though the lot fails to meet the requirements for area or width, or both, that are generally applicable in the district, provided that yard dimensions and requirements other than those applying to area or width, or both, shall conform to the regulations for the district in which the lot is vacated. Variance of yard requirements shall be obtained only through action of the Planning and Zoning Board.
(D) Any provisions of §§ 154.63 through 154.66 and 157.03 of this code which shall cause existing shopping centers to become nonconforming shall not operate or act to preclude the ability of the owners of nonconforming shopping centers to make such alterations to any shopping center structure existing on the effective date of this section as same may be necessary to accommodate the needs of existing or future tenants of the shipping center provided that the uses of individual tenants comply with all other applicable codes of the city and do not require an increase in square footage of height of the existing structure.
(Ord. 241, passed 11-27-85; Am. Ord. 529, passed 12-6-90; Am. Ord. 1499, passed 12-5-13; Am. Ord. 1505, passed 5-1-14) Penalty, see § 154.999