§ 107. Nonconformities.
107.1. Purpose and Intent.
The purpose of this Section is to provide for the regulation and limit the development and continued existence of uses, structures, and lots established prior to the effective date of this Code which do not conform to the requirements of this Code and to address nonconformities that result from the exercise of eminent domain powers. It is the general intent of this Section to reduce nonconformities and eventually bring them into conformance.
107.2. Legally Existing Nonconforming Uses, Structures and Lots.
Any nonconforming use, structure, or lot which lawfully existed as of the effective date of this Code and which remains nonconforming, and any use, structure, or lot which has become nonconforming as a result of the adoption of this Code or any subsequent amendment to this Code or as a result of an acquisition of real property by Manatee County or a state agency through the exercise or threat of exercise of its power of eminent domain may be continued or maintained only in accordance with the terms of this Section.
107.3. Applicability.
The provisions relating to nonconforming uses and structures shall apply to all nonconforming uses and structures existing, or created on the effective date of this Code, and to all uses and structures that become nonconforming by reasons of any amendment thereof. The provisions shall not apply, however, to any use established or structures erected or expanded in violation of law, regardless of the time of establishment or erection.
107.4. Signs.
Signs on nonconforming uses of land or structures and nonconforming signs shall be controlled by the provisions of Chapter 6 of this Code.
107.5. Nonconforming Uses.
A.
Change or Expansion of Nonconforming Use.
1.
A legally existing nonconforming use may be changed to a permitted use or conditional use for the zoning district in which the property is located, in accordance with the procedures of Chapter 3 of this Code. A nonconforming use shall not be changed to another nonconforming use.
2.
Except as provided in this Section, a lawful nonconforming use shall not be changed, intensified, expanded, extended or enlarged in any manner beyond the floor area or lot area that it occupied on the effective date of this Code or the effective date of any amendment to this Code rendering such use nonconforming. Residential Accessory Uses and Home Occupations are exempted from this provision provided they otherwise comply with this Code.
3.
When a lot is used lawfully, as a legal nonconforming use, on the effective date of this Code, and Chapter 4 of this Code classifies such use as a "Special Permit" in the zoning district in which it is located, such use is hereby deemed a lawful Special Permit for the purpose of this Code and shall be subject to the following:
a.
Such use shall not be replaced or expanded except in accordance with the provisions of Section 316, Special Permit and this section.
b.
The structure occupied by such use may be expanded or enlarged by not more than one thousand (1,000) square feet within any period of three (3) years without requiring an additional special permit approval, and provided that all dimensional requirements can be met, unless this Code or the special permit approval specifically prohibits such expansion or enlargement.
4.
A lawfully existing nonconforming use that would now require an "administrative permit" shall be deemed to have administrative permit approval and shall be subject to the following:
a.
Such use shall not be replaced or expanded except in accordance with the provisions of Section 315, Administrative Permits, and this section.
b.
The structure occupied by such use may be expanded or enlarged by not more than one thousand (1,000) square feet or ten (10) percent of the gross floor area, whichever is greater, not to exceed two thousand (2,000) square feet in area within any period of three (3) years without requiring administrative permit approval, and provided that all dimensional requirements can be met, unless this Code or previous approvals specifically prohibit such expansion or enlargement. An existing or new administrative permit shall not authorize or otherwise exempt a project from these square foot provisions.
B.
Changed to Conforming Use. If any nonconforming use is changed to a conforming use, it shall not thereafter be put into any nonconforming use.
C.
Discontinuation of Nonconforming Use. If a nonconforming use is discontinued for a period of one (1) year or more, including any period of discontinuation before the effective date of this Code except where governmental action impedes, such use, then that use shall not be renewed or re-established thereafter and any subsequent use of the lot or structure shall conform to the use regulations of the zoning district in which it is located.
Standard agriculture practice which results in allowing a field to lie fallow will not be considered a discontinuation of a nonconforming use. Said nonconforming use is subject to verification by the property owner, Agricultural and Natural Resources Department, and other County staff as deemed appropriate.
(Ord. No. 16-24 , § 3(Exh. A-1), 11-15-16)
107.6. Nonconforming Structures.
A.
Repair or Reconstruction of Nonconforming Structure. Only ordinary repairs and maintenance as defined by this Code may be made to a nonconforming structure, unless exempted below.
1.
If a nonconforming structure is damaged by a fire, flood, windstorm, or similar event, and the cost of restoring the structure to its condition immediately prior to the event is not considered a substantial improvement then the structure may be restored to its original nonconforming condition, provided that:
a.
A building permit is secured;
b.
Reconstruction is started within one (1) year from the date of the damage; and
c.
Such reconstruction is diligently pursued to completion.
Cost of restoration shall be determined in the manner established by the Department Director.
2.
If a nonconforming structure is destroyed or damaged by a fire, flood, windstorm, or similar event, and the cost of restoring the structure to its condition immediately prior to the event constitutes a substantial improvement, then the structure shall not be restored unless the structure as restored, and the use thereof, will thereafter conform to all requirements of the zoning district in which it is located and this Code. Structures subject to the exception provision in Section 107.6 and/or Section 107.9.C may be restored pursuant to Section 107.9.C regardless of the cost of restoration. Cost of restoration shall be determined in the manner established by the Department Director.
3.
All structures located in the one hundred (100) year floodplain, shall adhere to the provisions of Section 802, Floodplain Management.
4.
If Manatee County is declared a disaster area as a result of a storm, hurricane, tornado, flood or other similar act of God, by the Governor of the State of Florida or the President of the United States, then the provisions of Section 107.6.A.1 for the repair or reconstruction of a nonconforming structure shall be hereby modified to allow the replacement or reconstruction of the structure on the original foundation. This exception shall be allowed only if all of the following conditions are met:
a.
The original structure was a multifamily residential building, mobile home in a mobile home park or subdivision, single-family detached home that is located in the Cortez Fishing Village HA Overlay District, or a single-family attached dwelling;
b.
The original structure has Special Exception status as provided for in the Manatee County Comprehensive Plan;
c.
The necessary building permits and final site plans are issued within one (1) calendar year of the aforementioned storm, hurricane, tornado, flood or other similar acts of God; and
d.
The repair or reconstruction is done in a manner substantially consistent with the prior development approvals for those structures in regards to height, area, type of structures, setbacks and density. Other Code and Comprehensive Plan provisions not inconsistent with the foregoing must be met.
Any Building Permits issued under this modification may be allowed a maximum of one time extension not to exceed ninety (90) days as may be allowed by the Manatee County Building Code.
This modification shall not exempt developments from meeting the minimum floor elevation or other provisions of Section 802 (Floodplain Management), Section 403.8.H (Coastal High Hazard Area Overlay District/Reconstruction of Structures), and Manatee County Building Codes.
B.
Alteration or Enlargement of a Nonconforming Structure. Except as provided in this Section or in Section 107.9 (Nonconformities Resulting From Exercise of Power of Eminent Domain), a nonconforming structure shall not undergo any substantial improvement or be enlarged or moved in any manner unless provided below:
1.
The enlargement, movement, or alteration itself conforms to the requirements of this Code; and/or such alteration or enlargement makes the structure conforming;
2.
The use of the structure is conforming; and
3.
The property owner or developer secures the Department Director's approval for the enlargement or addition in accordance with this Code and other applicable regulations.
C.
Movement of a Nonconforming Structure. Except as provided in this Section or in Section 107.9 (Nonconformities Resulting From Exercise of Power of Eminent Domain), a nonconforming structure shall not be moved in whole or in part to any other location unless every portion of such structure and the use thereof is made to conform with all requirements for the zoning district to which such structure is moved. The relocation of the structure shall also comply with structure relocation the requirements and other applicable County regulations.
D.
Nonconforming Structures in the Cortez Fishing Village HA Overlay District. Single-family historic structures in the Cortez Fishing Village HA Overlay District which are legally nonconforming structures due to setbacks may be renovated and expanded at existing side yard setbacks for corner lots, or rear yard setbacks, provided that the renovation, expansion or addition meets the standards of other sections of this Code and the following additional standards:
1.
Any addition or renovation must receive a Certificate of Appropriateness by the Historic Preservation Board;
2.
The structure for which the renovation or addition is requested is residentially used;
3.
The existing side yard setbacks for corner lots on one side, must be no less than two (2) feet and no less than ten (10) feet on the other side;
4.
The addition or expansion shall be located no closer than ten (10) feet to another existing structure on an adjacent lot;
5.
No fill shall be used to elevate the addition; and
6.
The addition or renovation must comply with the Cortez Design Guidelines.
E.
Unsafe Structure.
1.
Any nonconforming structure determined to be unsafe by the Department Director may be restored to a safe condition, subject to the regulations for nonconforming structures. Such work on any nonconforming structure shall not place it in greater nonconformity.
2.
If a nonconforming structure or portion of a structure contains a nonconforming use and becomes physically unsafe or unlawful due to lack of repairs and maintenance, and is declared by the Department Director to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired or rebuilt except in conformity with the regulations for nonconforming structures and district in which it is located. (Refer also to the Manatee County Unsafe Structure Ordinance and Section 106, Enforcement, Violations, and Penalties).
(Ord. No. 16-24 , § 3(Exh. A-1), 11-15-16)
107.7. Nonconforming Densities in Residential Projects.
Existing projects that exceed the allowed density of the zoning district or future land use category are subject to the following provisions:
A.
If individual units within a nonconforming condominium, apartment or mobile home park project are substantially damaged or destroyed by a fire, flood, windstorm, or similar act of God, such units may be replaced to their pre-existing density.
B.
The following residential developments which were existing as of May 15, 1989, and were conforming as to density prior to adoption of the Comprehensive Plan and have been rendered nonconforming with regard to density, may be rebuilt if destroyed or substantially damaged by an act God. Any reconstruction shall be at the same density that existed at the time of said adoption. The number of units which may be rebuilt for an individual development are as follows:
Development Address Number of Units Casco Dorado 9800 Cortez Road 57 The Waterways 9604 Cortez Road 78 C.
No additions, expansions, movement or substantial alteration of existing units within the aforementioned nonconforming residential units and/or projects shall be allowed.
(Ord. No. 16-24 , § 3(Exh. A-1), 11-15-16)
107.8. Nonconforming Lots.
A.
Applicability. A lot which does not conform to the applicable district regulations for minimum lot area or minimum lot width, or both, shall be deemed a nonconforming lot. Permitted Uses specified in such district regulations shall be exempt from such minimum lot area and minimum lot width requirements on a nonconforming lot which:
1.
Was a legally created lot of record on the effective date of this Code;
2.
Was not created in violation of this Code or the previous Code (Ord. 81-4), adopted May 4, 1981, and,
3.
Was not part of a series of two (2) or more vacant lots which:
a.
were in a single ownership, and
b.
share continuous street frontage along their front lot lines, and,
c.
are sufficient when taken together to meet the minimum lot area and width requirements of the zoning regulations of this Code or prior zoning Codes which first made the lot nonconforming.
In the event that a nonconforming structure is located on a lot which is contiguous to one (1) or more vacant lots, all under the same ownership, then the vacant lot(s) may be separated from the lot with a structure provided the lot with the structure maintains minimum district setbacks adjacent to the lot being separated.
B.
Reduction in Size Prohibited. Except where necessitated by government action, a lot which is nonconforming by reasons of area shall not be reduced by area, and a lot which is nonconforming by width shall not be reduced by width. No lot shall be reduced in width or area where such reduction will make such lots nonconforming, unless necessitated by government action.
C.
Use of Nonconforming Lots. Nonconforming lots may be developed notwithstanding the failure of the lot to meet minimum lot area or minimum lot width requirements specified in the applicable district regulations, provided that the proposed development is a permitted use in the applicable district. All other regulations of this Code, including minimum yards, shall be met.
1.
Nonconforming lots which were legally created and are in single ownership, sharing continuous street frontage, if taken together would meet the minimum zoning district regulations, do not have to combine lots to meet the zoning district regulations if all of the lots are developed as affordable housing.
2.
Nonconforming lots created prior to this Code that contained more than one dwelling unit, were not in violation of previous Codes, and did not increase the density within the approved subdivision may now gain access by easement per Section 1001.1.C.5.
3.
Nonconforming lots which were legally created and are in single ownership, sharing continuous street frontage, if taken together would meet the minimum zoning district regulations, do not have to combine lots to meet the zoning district regulations if the nonconformity exists only as a result of the exercise of eminent domain powers by the County or a state agency.
D.
Procedure. As part of the application for a building permit for a nonconforming lot, the applicant shall file the following documents with the Department Director:
1.
Drawing. Scaled drawing with dimensions and distances showing boundary lines of the lot and the proposed location, size and use of the structure.
2.
Certificate. Certificate of apparent ownership, or title opinion, stating that the Nonconforming lot of record is exempted from the minimum lot area and width requirements of this Code or prior zoning ordinances which made the lot nonconforming, the date and identification of the instrument by which the lot was created, and the basis for claiming nonconforming status.
E.
Lots in Nonconforming Mobile Home, Recreational Vehicle Parks and Subdivisions. In Mobile Home and Recreational Vehicle Parks without recorded lots or lot lines, the midpoint of the shortest line that can be drawn between two (2) structures shall be employed as the lot line for the purpose of this Code.
107.9. Nonconformities Resulting From Exercise of Power of Eminent Domain.
A.
Applicability. The provisions of this Section shall apply to real property of which a portion is acquired by Manatee County or a state agency through the exercise or threat of exercise of eminent domain powers on or after February 1, 2006. This Section shall apply without regard to whether the real property acquisition is pursuant to an order of a court of competent jurisdiction or is pursuant to a process of negotiated purchase. This Section shall apply without regard to whether the acquisition was initiated by Manatee County or a state agency.
B.
Existing Nonconformities Preserved. A nonconformity of any nature whatsoever which existed at the time of the real property acquisition shall not be deemed to be permitted, exempted, or reduced, in any manner, nor to any extent, by the application of this Section.
C.
Nonconformities Created by Eminent Domain Proceedings.
1.
A nonconformity created through the exercise of eminent domain powers shall not constitute a violation of this Code, and the owner of any property that is the subject of such nonconformity shall not be required to cure such nonconformity.
2.
Any structure or site improvement subject to this Section may be rebuilt, relocated, or reconstructed to cure the adverse impacts that result from the exercise of eminent domain powers, even if such rebuilding, relocation, or reconstruction does not conform to this Code with respect to area, width, depth, setbacks, required yards, landscape buffer, location of improvements, location of signs, or parking, so long as the following criteria are met:
a.
The proposed rebuilding, relocation, or reconstruction is necessary to allow use of the property consistent with or similar to the pre-acquisition use of the property;
b.
The size or intensity of the structure or use is not expanded in violation of Section 107.5.A or 107.6.B hereof; and
c.
The rebuilding, relocation, or reconstruction will not result in a violation of the Comprehensive Plan.
3.
Either Manatee County or the state agency exercising its eminent domain powers, as the case may be, is authorized to apply for such permits or approvals necessary to carry out the rebuilding, relocation, or reconstruction of a structure or site improvement pursuant to this Section 107.9.C.
4.
Following any acquisition of a portion of real property subject to this Section by Manatee County, the County shall endeavor to record with the Clerk of the Circuit Court a notice of severance on the remainder of the real property not acquired. The failure to record such notice shall not limit or prevent the application of this Section to the subject property.
D.
Future Right-of-Way and Fire Safety Regulations. The provisions of Sections 107.9.A to 107.9.C shall not apply nor be interpreted to waive or alter the provisions of this Code pertaining to future right-of-way lines, nor shall the provisions of this Section waive or alter the application of any fire prevention code or fire prevention requirements, either current or in the future, or applicable provisions of the Manatee County Building Codes.