§ 58.1161. Work to Nonconforming Building, Structure, or Vehicular Use Area.

Substantial improvement to nonconforming buildings, structures, and vehicular use areas is prohibited unless such nonconforming conditions are brought into compliance with all applicable provisions of the Land Development Code and all other applicable provisions of City Code and general and special law, except in the following circumstances:

(a)

Affordable Housing. Legally existing nonconforming buildings, structures, and vehicular use areas constituting part of a City certified affordable housing development and undergoing a substantial improvement are hereby made exempt from current parking and stormwater regulations enacted by City ordinance.

(b)

Unsafe Buildings and Structures. Work constituting a substantial improvement may be made to legally existing nonconforming buildings and structures without bringing the building or structure into compliance with current regulations of the Land Development Code if such building or structure is declared to be unsafe and unsuitable for human habitation by a government authority having jurisdiction, but only to the extent necessary to make the building or structure safe and suitable for human habitation as determined by the government authority having jurisdiction.

(c)

Certain Buildings and Structures Damaged by Force Majeure. Repairs constituting substantial improvements may be made to legally existing nonconforming buildings, structures, and vehicular use areas constituting part of either (1) a one family dwelling, (2) a two family dwelling, or (3) a multifamily dwelling certified by the City as an affordable housing development, without bringing the building, structure, or vehicular use area into compliance with current regulations of the Land Development Code if such building or structure is being repaired due to damage caused by force majeure, but only under the following conditions:

(1)

Relief pursuant to this part may be granted only by written determination of the zoning official.

(2)

The property owner must provide evidence that the buildings, structures, and vehicular use areas proposed for repair were legally existing.

(3)

The repaired buildings, structures, and vehicular use areas will be no larger than the original.

(4)

Relief pursuant to this part is only available if the property owner receives a building permit for the subject building, structure, or vehicular use area within 1 year of the damage caused by force majeure.

(5)

Continuation of the nonconforming condition is not inconsistent with applicable provisions of the Growth Management Plan, nor inconsistent with the public health, safety, or welfare.

For the purposes of this section, the term "force majeure" means any overwhelming event or act of God, nature, or people, that is exceptional, unusual, inevitable, and irresistible, the effects of which cannot be prevented or avoided by the exercise of due care or foresight, examples of which include, but are not limited to, hurricanes, tornadoes, tropical storms, tropical depressions, lightning, and other grave meteorological events, sinkholes, earthquakes, and other grave geologic events, floods, water damage, and other grave hydrologic events, accidents caused by automobile or machinery, fire, riot, civil unrest or commotion, terrorist attack or activity, acts of war, and acts of a public enemy. Events or conditions specifically excluded from the meaning of the term "force majeure" for the purposes of this section include termite damage, deterioration due to poor maintenance or neglect, and purposeful acts or omissions by or on behalf of the property owner.

(d)

Longstanding buildings. Legally existing nonconforming buildings, structures, and their associated vehicular use areas, originally built more than 30 years ago, may undergo substantial improvement without meeting the following existing development standards of this Code:

1.

Setbacks.

2.

Maximum height.

3.

Maximum impervious surface area.

4.

Minimum and maximum density and intensity.

5.

Minimum lot width, length, or size. (Non-residential structures only).

6.

Landscaping standards.

7.

Parking standards.

8.

Traditional City design standards provided at Part 6, Chapter 62 of this Code.

Relief may be granted under this subsection only by official determination of the zoning official. The zoning official may grant relief under this subsection only if he or she finds as follows:

1.

Complying with the development standards presents a practical hindrance to beneficial redevelopment.

2.

Complying with the development standards presents a clear and unreasonable financial hardship.

3.

Continuation of the nonconformity will not result in the continuation of a nonconforming use.

4.

That the preponderance of the evidence supports the legal existence of the nonconformity.

5.

Continuation of the nonconformity is not inconsistent with applicable provisions of the Growth Management Plan, nor inconsistent with the public health, safety and welfare.

6.

Continuation of the nonconformity is reasonably compatible with existing and reasonably foreseeable neighboring development pattern.

7.

That the proposed work will retain and rehabilitate the preponderance of the existing nonconforming building, structure, or vehicular use area.

8.

That the proposed work will not increase or expand a nonconforming aspect of the building, structure, or vehicular use area.

9.

That the work does not exceed 400% of a substantial improvement.

Recognizing that relief under this subsection will prolong a condition not conforming to the development standards of this Code, the zoning official may impose one or more of the conditions of development provided by section 65.334 of this Code. Conditions of development must be reasonably calculated to mitigate identifiable land use impacts of the nonconformity. Violations of development conditions constitute a violation of this subsection. Relief under this subsection does not exempt the property from section 58.1184, or any other applicable provision of this Code, except as expressly provided in this subsection.

(Ord. of 9-16-1991, Doc. #25094; Ord. of 7-26-1993, Doc. #26769; Ord. of 5-4-2009, § 1, Doc. #0905041101; Ord. No. 2014-33, § 1, 9-29-2014, Doc. #1409291201; Ord. No. 2018-45, § 5, 8-20-2018, Doc. #1808201202; Ord. No. 2018-68 , § 1, 1-14-2019, Doc. #1901141201)