§ 110-600. Types of nonconformity.
Within the classifications established by this chapter, there may exist lots, uses of premises, or structures which lawfully existed before this chapter was effective [November 16, 1998] or amended, but which would be prohibited, regulated or restricted under the terms of this chapter. These nonconformities may continue in their present condition but shall not be enlarged, expanded, extended or used for adding other structures or uses prohibited elsewhere in the same classification, subject to the provisions of this section. There are three types of nonconformity:
(a)
Nonconforming lots. Permitted principal and accessory structures can be built on any single nonconforming lot in any zoning classification, except as provided in this section.
(1)
When, on the date of their adoption, the provisions of this chapter or any of its amendments make nonconforming two or more adjoining lots under single ownership, then those lots shall be joined together as necessary to create a conforming lot. When a conforming lot cannot be created by the joining of two or more nonconforming lots, the lots will be joined into a single building site to reduce their degree of nonconformity.
(2)
Adjoining lots, under single ownership on the effective date of this chapter or any of its amendments, at least one of which is made nonconforming, shall not be further subdivided or sold separately. If they are separated to create one or more nonconforming lots, no building permits shall be issued to allow construction on them until they are re-joined under single ownership to form a single building site. Except that such lots may be combined, subdivided, or re-platted in a manner that results in conforming lots.
(3)
When a nonconforming lot is so small that no permitted principal building can be built without variances, only the minimum variances needed to make use of the lot may be permitted. A variance application may be filed with the city in accordance with the variance procedures as cited in section 110-1103. Such variances to make use of a substandard lot shall not require the payment of administrative fees for processing and advertising.
(4)
When a substandard lot or lot combination is so small that the granting of variances to permit the establishment of a permitted principal use would result in potential fire or health hazards, encroachments upon or nuisances affecting adjacent property, or an adverse impact on surrounding property values, no variance shall be granted to permit construction thereon.
(b)
Nonconforming use of premises. In any classification, a lawful principal or accessory use of premises existing on the effective date of adoption or amendment of this chapter [November 16, 1998], but not permitted thereafter, may continue, or be resumed if destroyed, provided:
(1)
It is not enlarged, increased or extended to occupy a greater area than was occupied on the effective date of adoption or amendment of this chapter;
(2)
It is not moved in whole or in part to any portion of the lot other than that occupied by such use on the effective date of adoption or amendment of this chapter; and
(3)
No additional structure is constructed or erected in connection with such nonconforming use.
This article shall not be construed to permit the continued parking of any vehicles or watercraft in violation of the applicable provisions of this chapter after its effective date [November 16, 1998]. (See also section 110-811 herein.)
(c)
Nonconforming structure. In any classification, a lawful structure existing on the effective date of adoption or amendment of this chapter, that could not thereafter be built because of classification requirements, dimensional requirements other than density, or other requirements, may still be used, provided:
(1)
It is not enlarged or altered in a way which increases its nonconformity. (It may be altered to decrease its nonconformity, however.)
(2)
If the dwelling unit is damaged in excess of 50 percent, of its replacement value, as defined in section 70-30, any reconstruction shall comply with this chapter. Provided, however, if such dwelling is damaged through no fault of its owner, and its nonconformity is as to its dimensional requirements, such structure may be rebuilt to the same or larger dimensions, but otherwise in conformity with this code. Such home replacement that does not expand the non-conformity shall obtain a building permit within one year of the damages, otherwise the replacement home shall conform to the requirements of this code.
(3)
If it is moved for any reason, or for any distance, it shall thereafter conform to this chapter.
(4)
Nonconforming signs shall be subject to the regulations for such signs that appear in the Deltona Sign Ordinance, City Ordinance No. 12-97 [chapter 102, Code of Ordinances], as it may be amended from time to time.
(d)
Involuntary moves. Subsections 110-600(b)(2) and 110-600(c)(2) are not intended to apply to involuntary movements of uses or structures as a result of condemnation actions or other litigation.
(e)
Actions of governmental agencies. In any classification, should a governmental agency obtain after the effective date of this amendment a portion of a conforming lot for public purposes and thereby create a nonconforming lot, it may be possible to erect or construct on said nonconforming lot the principal and accessory structures
otherwise authorized under these regulations provided that all other requirements of this chapter are met.
(Ord. No. 03-03, § 1, 3-17-2003; Ord. No. 19-2011, § 1(Exh. A), 11-7-2011; Ord. No. 23-2012, § 1, 10-15-2012; Ord. No. 06-2013, § 1(Exh. A), 6-17-2013)