§ 11.01.03. Continuation of.

Subject to the provisions below for terminating nonconforming development, such development may, if otherwise lawful and in existence on the date of enactment of this Code, remain in use in its nonconforming state.

A.

Nonconforming lots of record.

1.

Lots of record created prior to July 23, 1979:

a.

In any district, principal permitted structures and customary accessory buildings may be erected on any single lot of record existing before July 23, 1979, notwithstanding limitations imposed by other provisions of this Code. Such lot must be in separate ownership and not contiguous to other lots in the same ownership. This provision shall apply even though such lot fails to meet the requirements for area, or width, or frontage or any combination of the three that are generally applicable in the district, provided that yard dimensions and requirements other than those applying to area, or width, or frontage of the lot shall conform to the regulations for the district in which such lot is located. Variance of yard dimensions and requirements other than those applying to area, width, and frontage shall be obtained only through action of the board of adjustment. If, however, the lot has insufficient frontage as defined in section 7.03.04F, then proof of recorded legal ingress and egress acceptable to the county attorney must be furnished before a building permit will be issued except for nonresidential accessory structures in the A agriculture zoning district.

b.

If two or more lots or combinations of lots and portions of lots which are contiguous to other lots in single ownership are of record on July 23, 1979, and if all or part of the lots do not meet the requirements established for lot width and area or frontage, the lands involved shall be considered to be an undivided parcel for the purposes of this Code. This subsection shall not be construed to relieve the owner of multiple, contiguous lots of record from marshalling and combining such number of lots of record necessary to meet the requirements of this Code.

2.

Lots of record created between July 23, 1979 and April 2, 1992. In any district, principal permitted structures and customary accessory buildings may be erected on any single lot of record created in accordance with the requirements of, or exempt from, the Okeechobee County Zoning Ordinance (74-1) and the Okeechobee County Subdivision Ordinance (79-6) between July 23, 1979 and April 2, 1992, notwithstanding limitations imposed by other provisions of this Code. If the lot of record was created in violation of the requirements of Okeechobee County Zoning Ordinance (74-1) or Okeechobee County Subdivision Ordinance (79-6), the provisions of subsections 1a and 1b, above, shall govern.

3.

No division of a lot or parcel shall be made after the effective date of this Code which creates a lot or parcel of area or width below the requirements herein stated or which diminishes compliance with this Code.

B.

Nonconforming uses (minor structures). Where, at the effective date of adoption or amendment of this Code, lawful use of lands or waters exists which would not be permitted under this Code, and where such use involves no individual permanently fixed structure with a replacement cost exceeding $1,000.00 and no combination of permanently fixed structures with a combined replacement cost exceeding $4,000.00, the use may be continued, so long as it remains otherwise lawful, provided:

1.

No such nonconforming use shall be enlarged, intensified, increased, or extended to occupy a greater area of land or water than was occupied at the effective date of adoption or amendment of this Code.

2.

No such nonconforming use shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such use at the effective date of adoption or amendment of this Code.

3.

If any such nonconforming use ceases for any reason (except when governmental action impedes access to the premises) for a period of more than six consecutive months or for more than 12 months during a two-year period, any subsequent use of such land shall conform to the regulations specified by this Code for the district in which such land is located.

4.

No land in nonconforming use shall be subdivided, nor shall any structures be added on such land except for the purposes and in a manner conforming to the regulations for the district in which such land is located.

C.

Nonconforming uses (major structures). Where, at the effective date of adoption or amendment of this Code, lawful use of structures, or of structures and premises in combination exists involving an individual, permanently fixed structure with a replacement cost at or exceeding $1,000.00 or a combination of permanently fixed structures with a replacement cost at or exceeding $4,000.00, such use may be continued so long as it remains otherwise lawful, provided:

1.

Enlargement, extension, alteration, etc., of structures. No existing structure devoted to a use not permitted by this Code in the district in which such use is located shall be enlarged, extended, constructed, reconstructed, moved, or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located.

2.

Extension of use in building manifestly designed for such use. Any nonconforming use may be extended throughout any parts of a building which were manifestly designed or arranged for such use at the effective date of adoption or amendment for this Code. Any nonconforming use which occupied a portion of a building not originally designed or intended for such use shall not be extended to any other part of the building. No nonconforming use shall be extended to occupy any land outside the building, nor any additional building on the same lot or parcel, not used for such nonconforming use at the effective date of adoption or amendment of this Code.

3.

Change in tenancy or ownership. There may be a change in tenancy, ownership, or management of a nonconforming use provided there is no change in the nature or character of such nonconforming use.

4.

Change in use. If no structural alterations are made, any nonconforming use of a structure, or of a structure and premises in combination, may be changed to another nonconforming use of the same character, or to a more restricted but nonconforming use, provided the board of adjustment shall find after public notice and hearing that the proposed use is equally or more appropriate to the district than the existing nonconforming use and that the relation of the structure to surrounding properties is such that adverse effect on occupants and neighboring properties will not be greater than if the existing nonconforming use is continued. In permitting such change, the board of adjustment may require appropriate conditions and safeguards in accordance with the intent and purpose of this Code.

5.

Change to conforming use requires future conformity with district regulations. Any structure, or structure and premises in combination, in or on which a nonconforming use is superseded by a permitted use shall thereafter conform to the regulations for the district in which such structure is located, and the nonconforming use shall not thereafter be resumed nor shall any other nonconforming use be permitted.

6.

Discontinuance. If any nonconforming use of a structure, or structure and premises in combination, ceases for any reason (except where governmental action impedes access to the premises) for a period of more than six consecutive months, or for 18 months during any three-year period, any subsequent use shall conform to the regulations for the district in which the use is located.

7.

Subdivision or structural additions. Where major structures and premises are used for nonconforming purposes as of the effective date of adoption or amendment of this Code, said premises or structure shall not be subdivided, nor shall any structures be added on such premises, except for purposes and in a manner conforming to the regulations for the district in which such premises are located.

8.

Destruction or removal of major structure or structures. Where nonconforming use status applies to a major structure or structures, or to a major structure or structures and premises in combination, removal or destruction of the structure or structures shall eliminate the nonconforming status of the land. "Destruction" of the structure for purposes of the subsection is hereby defined as damage to an extent of more than 50 percent of the replacement cost at the time of destruction. Upon removal or destruction as set out in this paragraph, the use of land and structures shall thereafter conform to the regulations for the district in which such land is located. This section shall specifically prohibit the replacement of a lawfully nonconforming manufactured home, mobile home or trailer other than in conformity with all provisions of this Code.

D.

Increasing or intensifying nonconformity. If characteristics of use, such as signs, off-street parking or off-street loading, or other matters pertaining to the use of land, structures, and premises are made nonconforming by this Code, as adopted or amended, no change shall thereafter be made in such characteristics of use which increases nonconformity with the regulations herein set out; provided, however, that changes may be made which do not increase, or which decrease, such nonconformity.

E.

Repairs and maintenance. On any nonconforming structure or portion of a structure and on any structure containing a nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring, or plumbing to an extent not exceeding 15 percent of the current assessed valuation of the structure (or of the nonconforming portion of the structure if a nonconforming portion of a structure is involved), provided that the cubic content of the structure existing at the date it becomes nonconforming shall not be increased.

F.

Nonconforming structures unsafe because of lack of maintenance. If a nonconforming structure or portion of a structure or any structure containing a nonconforming use becomes physically unsafe or unlawful due to lack of repairs or maintenance, and is declared by the duly authorized official of the County of Okeechobee 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 of the district in which it is located.

G.

Nonconforming structures unsafe for reasons other than lack of maintenance. If a nonconforming structure or portion of a structure or any structure containing a nonconforming use becomes physically unsafe or unlawful for reasons other than lack of repairs or maintenance, nothing contained herein shall be deemed to prevent the strengthening or restoring to a safe condition of such building or part thereof declared to be unsafe by the authorized official of the County of Okeechobee charged with protecting the public safety; provided, however, that where such unsafeness or unlawfulness is the result of damage from destruction, the percentage of damage limitations set out in section 11.01.03C or 11.01.03E, as the case may be, shall apply.

H.

Casual, temporary, or illegal use. The casual, temporary, or illegal use of land or structures, or land and structures in combination, shall not be sufficient to establish the existence of a nonconforming use or to create rights in the continuance of such use.

I.

Uses under special exception provisions not nonconforming uses. Any use which is permitted as a special exception in a district under the terms of this Code shall not be deemed a nonconforming use in such district, but shall without further action be deemed a conforming use in such district.

J.

Off-street parking: Nonconforming use. See section 7.04.01A.