ARTICLE IX. NONCONFORMING USES

Sec. 17‑157. Conformity to use regulations.

No building or land shall be used in whole or in part, and no building or part thereof shall be erected, moved, or altered except for use expressly permitted by and in conformity with the provisions for the district in which it is located.

(Code 1962, 28‑113)

Sec. 17‑158. Nonconforming uses.

Where, on February 3, 1959, or immediately prior to the amendment of this chapter, the lawful use of any building, structure, or land that exists is made no longer permissible under the terms of this chapter as enacted or amended, such use may be continued, so long as it remains otherwise lawful, provided the following conditions are met:

(1) Unsafe structures. Nothing in this chapter shall prevent the strengthening or restoring to a safe condition of any portion of a building or structure declared unsafe by proper authority.

(2) Alterations. A nonconforming building or structure may be altered, improved, or reconstructed provided that such work does not increase its nonconformity.

(3) Extension. Except as otherwise permitted by this sub-paragraph, no nonconforming use may be enlarged, increased, or altered, nor extended to occupy a greater area of land than was occupied on February 3, 1959, or on the effective date of an amendment to this chapter making the use nonconforming unless the use is changed to a use permitted in the district in which such use is located. A nonconforming use shall not be extended to displace a conforming use, but the extension of a lawful use to any portion of a nonconforming building or structure shall not be deemed the extension of such nonconforming use.

(4) Changes. No nonconforming building, structure or use shall be changed to another nonconforming use.

(5) No nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel of land occupied by such use on February 3, 1959, or on the effective date of an amendment to this chapter for the district for which such land is located making such use nonconforming.

(Code 1962, 28‑114; Ord. No. 93-8, 1, 10-19-93)

Sec. 17‑159. Nonconforming structures.

(a) Where a lawful structure exists, prior to the effective date of adoption or amendment of this chapter which makes the structure nonconforming under the terms of this chapter by reason of restrictions on area, lot coverage, height, yards, or other characteristics of the structure or its location on the lot, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:

(1) No such structure may be enlarged or altered in a way which increases its nonconformity. The addition of a floor to any structure which is nonconforming by virtue of the fact that the horizontal plane of any in the structure encroaches into a required yard setback shall not be interpreted to be an enlargement or alteration of said structure in violation of this section; provided, that the additional floor is conforming to the zoning regulations.

(2) Any structure or portion thereof may be altered to decrease its nonconformity.

(3) Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations of the district in which it is located after it is moved.

(b) Structures and lot sizes made illegal as a result of condemnation. In the event that the Florida Department of Transportation (FDOT), Brevard County, or the Town of Indialantic condemn private property to acquire road right-of-way, and the condemnation results in the elimination or decrease of the required perimeter landscaping, results in insufficient yard requirements (setbacks), or results in a parcel that does not meet the minimum lot size, such private property shall not become nonconforming and may continue as long as it remains otherwise lawful.

(Ord. No. 93-8, 2, 10-19-93; Ord. No. 03-02, 1, 1-21-03)

Sec. 17‑160. Reserved.

Editor’s note – Ordinance No. 93-8, adopted October 19, 1993 repealed this section regarding certificate of nonconforming use.

Sec. 17‑161. District changes.

Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another district of a different classification, the provisions of this article shall also apply to any nonconforming uses existing therein. (Code 1962, 28‑117)

Sec. 17‑162. Discontinuance

A nonconforming use of a building or premises which has been discontinued shall not thereafter be returned to such nonconforming use. A nonconforming use shall be consid­ered discontinued:

(1) When the intent of the owner to discontinue the use is apparent;

(2) When the characteristic equipment and the furnish­ings of the nonconforming use have been removed from the premises and have not been replaced by similar equipment within one-hundred eighty days, unless other facts show an intention to resume the nonconforming use;

(3) When it has been replaced by a conforming use;

(4) When it has been changed to another use under permit from the zoning board.

(Code 1962, 28‑118; Ord. No. 93-8, 4, 10-19-93; Ord. No. 99-5, 1, 10-19-99)

Sec. 17‑163. Reserved.

Editor’s note – Ordinance No. 93-8, adopted October 19, 1993 repealed this section regarding unlawful use.

Sec. 17‑164. Restoration.

Nothing in this chapter shall prevent the reconstruction, repairing, rebuilding and continued use of any nonconform­ing building or structure damaged by fire, collapse, explosion, or Acts of God, wherein the expense of such work does not exceed fifty percent (50%) of the assessed valuation of the building or structure at the time such damage occurred. (Code 1962, 28‑120; Ord. 93-8, 6, 10-19-93)

Sec. 17‑165. Wear and tear.

Nothing in this chapter shall prevent the reconstruction, repairing or rebuilding of a nonconforming building, structure, or part thereof, rendered necessary by wear and tear or deterioration provided that such reconstruction, repair or rebuilding does not increase its nonconformity and the cost of such work shall not exceed fifty percent (50%) of the assessed valuation of such building or structure at the time such work is done, nor prevent compliance with the provisions of the building code relative to the maintenance of buildings or structures. (Code 1962, 28‑121; Ord. 93-8, 6, 10-19-93)