Except as otherwise provided, the lawful use of any building,
structure or land existing at the time of this Part 1 may be continued,
although such use does not conform to the provisions of this Part
1.
A.
Restoration of partially damaged structures. Any nonconforming building
or structure which as a result of fire, explosion or other casualty
has less than 50% of its existing floor area made unsafe and/or unusable
may be reconstructed as before, provided that the bulk, height and
area requirements shall not be in excess of that which existed prior
to said damage. Such restoration must be completed within one year
of such occurrence, or the use of such building, structure or land
as a legal nonconforming use shall thereafter be terminated.
B.
Unsafe structures. Any nonconforming building or structure or portion
thereof declared unsafe by a proper authority may be restored to a
proper condition.
C.
Alterations and repairs.
(1)
A nonconforming building or structure for other than residential
purposes may not be reconstructed or structurally altered during its
life to an extent that such alterations exceed, in aggregate cost,
25% of the full valuation of the building or structure, exclusive
of the value of land, unless said building or structure is changed
to a conforming use. A nonconforming building or structure containing
a residential use may be altered in any way to improve interior livability,
provided that no structural alteration shall be made which could increase
the nonconformity with regard to the number of housing units or the
bulk of the building or structure.
(2)
Normal maintenance repairs and incidental alteration of a building
or structure containing a nonconforming use shall be permitted, provided
that said repairs and alterations do not extend the volume or area
occupied by the nonconforming use.
E.
Prior approval. Nothing herein contained shall require any change
in the plans, construction or designated use of a building complying
with existing laws, a permit for which had been duly granted before
the date of adoption of this Part 1 or any applicable amendment thereto,
provided that said building shall be completed according to such plans.
A.
Abandonment. The discontinuation of a nonconforming use for a period
of one year and/or the change of use to a more restrictive or conforming
use for any period of time shall be considered an abandonment thereof,
and such nonconforming use shall not thereafter be revived. Intent
to resume active operations shall not constitute continuance of a
nonconforming use.
B.
Fully destroyed structures. For any nonresidential, nonconforming building or structure, which, as the result of fire, explosion or other casualty, has 50% or more of its then existing floor area destroyed, the use of such building or structure as a nonconforming use shall thereafter be terminated, and any new construction shall be in accordance with the regulations of this Part 1. For the purpose of this section, the physical value of the building shall be determined by the Building Official, appealable to City Commission upon recommendations of the Planning and Zoning Board.
C.
Residential rebuilding. All residential buildings will be allowed
to be rebuilt to original construction, regardless of extent of destruction
or designated zoning, but such rebuilding must conform to the building
code and flood requirements in effect at the time of such rebuilding.
However, any new construction other than rebuilding must conform to
zoning and building codes.[1]
Where a nonconforming lot exists as a separate entity, and where
the lot owner does not own an adjoining lot of the same zoning, then
the following may be permitted as special permit uses:
A.
Residential nonconforming lots. In residential districts, a family
dwelling may be constructed, provided that the lot is at least 75%
in compliance with the lot area, lot width, rear yard, side yard and
maximum building coverage requirements of the district.
B.
Commercial nonconforming lots. In the commercial district, a structure
not exceeding two stories in height may be constructed for any permitted
or special permit use. The off-street parking and loading requirements
shall be complied with, and front, side and rear yards shall be in
keeping with surrounding areas.
[Added 6-28-1994 by Ord. No. 94-09]
A.
Purpose. The purpose of this section is to adopt criteria to assure
that in the event a structure listed in Comprehensive Plan Policy
101.1401 is damaged or destroyed by hurricane, tornado, fire, explosion,
flood or other disaster, it can be repaired or reconstructed in a
manner which guarantees that each unit may be restored to the same
square footage which existed as of January 26, 1993.
B.
Code requirements.
(1)
Repairs and reconstruction shall adhere to all flood management
regulations in effect at the time of the repair or reconstruction.
In the event that the flood management regulations require elevation
of a structure, the City shall permit the height of the structure
to be increased to accommodate the required elevation. In the event
that the proposed reconstruction cannot be accomplished, while at
the same time satisfying one or more of the following City Code provisions,
the City shall grant the owners relief from such Code provisions as
necessary to permit the grandfathered units to be restored:
(2)
Nothing contained herein shall relieve owners of the obligation
to repair and/or reconstruct in strict compliance with the building
and life safety codes[1] in effect at the time of the repair or reconstruction.
Nothing contained herein shall be construed to permit the construction
of more dwelling units or larger dwelling units than existed on January
26, 1993.
C.
Procedure for reconstruction.
(1)
In cases where repairs are made to an existing structure and
the footprint of the structure or structures is not altered, the applicant
need only obtain a building permit. Building permits for such repairs
shall be issued without review and shall not be subject to Code provisions
regarding setbacks, height restrictions, parking requirements, green
space, stormwater retention or impervious surface ratio requirements.
In the event that the footprint of one or more buildings is proposed
for modification, the owners shall submit a post-disaster site plan
which must be approved prior to issuance of a building permit. Post-disaster
site plans shall not be required to demonstrate compliance with, nor
shall the owners be required to obtain a variance from, Code provisions
relating to height, setbacks, parking, green space and impervious
surface ratios. It is not the intention of this section to relieve
any property owners from reconstructing in a manner which conforms
to applicable City standards to the extent feasible.
(2)
Review and approval of post-disaster site plans shall be the
responsibility of the Planning and Zoning Board, and the procedure
shall be identical to the procedure for regular site plan approval.
The only criteria which shall be applied are as follows:
(a)
The plan is in compliance with all flood management regulations.
(b)
If the site has property both within and outside of the V Zone,
the applicant has to the maximum extent feasible designed the site
to avoid placing dwelling units in a V Zone.
(c)
The applicant has complied with the stormwater requirements
to the extent feasible.
(d)
The site plan, on balance, is no more nonconforming than the
predisaster site, with the exception of any additional height required
in order to meet flood management regulations.
(e)
The amount of recreation and open space has not been reduced.
