§ 58.1224. Continuance of Existing Nonconforming Use.

a)

No existing nonconforming use may be enlarged, increased in height, expanded, replaced, substantially altered or repaired at a cost which exceeds fifty percent (50%) of the value of the existing nonconforming use, rebuilt, or allowed to grow higher or to be replanted, unless the Airport Zoning Director has issued an airport height zoning permit in conformance with these Regulations.

b)

Existing Nonconforming Use. Any structure, object of natural growth, or use of land existing on the effective date of these Regulations, which exceeds any height limit established herein or otherwise fails to comply with any provision of these Regulations, is hereby declared to be an existing nonconforming use and in violation of these Regulations.

c)

Existing Nonconforming Educational Facilities. Except as provided herein, nothing in these Regulations will be construed to require removal, alteration, sound conditioning, or other change to or interference with the continued use, modification, or adjacent expansion of any educational facility or site in existence on or before July 1, 1993, or subsequently approved by the Orlando City Council for public policy reasons, because allowing construction outweighed health and safety concerns.

d)

Declaration of Abandoned or Deteriorated Existing Nonconforming Use. In the event the Airport Zoning Director determines an existing nonconforming use is abandoned or more than eighty percent (80%) torn down, destroyed, deteriorated, or decayed, no permit will be issued that would allow such existing nonconforming use to exceed the applicable height limit or otherwise deviate from these Regulations; and whether application is made for a permit under these Regulations or not, the Airport Zoning Director may petition the Airport Board of Adjustment, upon due notice to the owner of the existing nonconforming use or the owner of the real property on which it is located, to compel the owner to lower, remove, reconstruct, equip, or otherwise alter the abandoned, destroyed, deteriorated, or decayed nonconforming use as may be necessary to conform to these Regulations. Upon receipt of such petition, the Airport Board of Adjustment will conduct a public hearing pursuant to these Regulations after due notice to the owner. If, after a public hearing, the Airport Board of Adjustment determines the existing nonconforming use to be abandoned, or more than eighty percent (80%) torn down, destroyed, deteriorated, or decayed, the Airport Board of Adjustment may compel the owner, at the owner's own expense to lower, remove, reconstruct, equip, or otherwise alter the existing nonconforming use as may be necessary to conform to these Regulations. If the owner neglects or refuses to comply with such order within thirty (30) calendar days after notice thereof, the City may proceed to lower, remove, reconstruct, equip, or otherwise alter the structure or use and assess the cost and expense thereof on the structure or the real property whereon it is or was located.

(Ord. No. 2017-48, § 5, 8-8-2017, Doc. #1708081202)