§ 11.03.01. Generally

A.

Intent

1.

Within the zoning districts established by the Land Development Code, or amendments that may be later adopted, there may exist lots, structures, uses of land, water and structures, and characteristics of land which were lawful before this Code was adopted or amended, but which would be prohibited, regulated, or restricted under the terms of this Code or future amendments. It is the intent of these provisions to permit these nonconformities to continue until they are voluntarily removed or otherwise brought into compliance with this Code, but not to encourage their survival unless specifically authorized by these regulations. It is also the intent of these regulations to set forth a certification process for lots and detached single family residences created prior to July 26, 1989. It is further the intent of the Land Development Code that the nonconformities shall not be enlarged upon, expanded, intensified or extended, nor be used as grounds for adding other structures or uses otherwise prohibited by the Code, except as provided herein.

2.

Nonconforming uses are declared to be incompatible with permitted uses in the districts involved. Such nonconforming uses shall not be intensified, enlarged or expanded unless specifically authorized herein.

B.

Rights to Run With Land

All rights and obligations associated with nonconformities as defined herein shall run with the land and are not personal to the present ownership or tenant of the land, and are not affected by a change in ownership or tenancy.

C.

Vested and Previously Approved Projects

The provisions of this Code and any future amendments thereto shall not be deemed to require a change in the plans, construction or designated use of structures and/or land for valid, effective and lawful permits issued prior to the effective date of this Code provided:

1.

The development authorized by the permit has commenced prior to the effective date of this Code, or any future amendment thereto, as applicable or will commence after the effective date of this Code but prior to the permit's expiration or termination; and,

2.

The development continues without interruption in good faith until development is complete. In the event a lawfully issued permit expires, any further development shall conform to this Code, or any future amendments thereto, as applicable.

D.

Certain Lots and Uses Not To Be Considered Nonconforming

Any development that was authorized and permitted as a By Right Use, Conditional Use, Limited Use Specified Use or Special Use under previous Hillsborough County Land Development Regulations, and is not presently a prohibited use of the zoning district in which it is located under Section 2.02.02 of this Code as amended, shall be deemed a conforming use. This determination shall be made through a nonconforming use review requested by the property owner. Any enlargement, replacement or modification of such use shall be in accordance with the requirements of this Code as if the use were new.

1.

For zoning purposes, a lot which meets zoning dimensional area requirements but is made nonconforming by the November 18, 1999 LDC adoption of the Minimum Lot Sizes by Available Utilities regulation (Section 6.01.06) shall be considered a conforming lot.

E.

Basis for Decision

The determination of the Administrator shall be based on clear, substantial and convincing evidence regarding the nature, extent and date of establishment of the nonconformity. Such evidence may include but is not limited to deeds, property assessor records, permits, plan approvals, utility bills, aerial photographs, tax bills, vested rights determinations and other similar evidence. In the absence of such evidence, the Administrator may at his discretion rely upon affidavits from a property owner, adjoining property owners and other competent parties as the basis of determination.

F.

Interim Agricultural Uses

Notwithstanding the provisions of this Part, interim passive agricultural uses, as defined by this Code, shall be allowed prior to the development, site construction plan approval and/or final subdivision plat approval of parcels, or portions thereof, in standard zoning districts that prohibit agricultural uses, provided:

1.

The parcel was agriculturally zoned at the time of rezoning to its present district, or was part of a Planned Development where interim passive agricultural uses were permitted by condition of approval or under the provisions of Section 5.03.07.1.d of this Code; and,

2.

The agricultural activity will not impede development of other properties in a preliminary unified development plan or preliminary plat to which the parcel is part.

The absence of agricultural activities on the parcel when it was agriculturally zoned or, if such activities were present on the parcel at that time, subsequent cessation of the agricultural use after rezoning to another district, shall have no bearing on the applicability of this provision.

Additionally, upon qualification for interim passive agricultural uses under this provision, the allowance for such uses shall run with the land irrespective of any subsequent zoning changes, including rezoning to a Planned Development district, unless expressly prohibited by condition or restriction imposed by the zoning change, and provided that passive agricultural uses were permitted on the property under its zoning, or through this provision, on November 1, 2012.

(Ord. No. 01-30, § 2, 11-15-01; Ord. No. 09-62, Item O, 10-26-09, eff. 2-1-2010; Ord. No. 10-26, § 2, Exh. A(10-0770), eff. 2-11-11; Ord. No. 12-24, § 2(Exh. A)(Item IV.C)(12-0681), 10-25-12, eff. 11-1-12; Ord. No. 16-21, (Exh. A)(Item I-02)(16-1070), 10-11-16, eff. 10-18-16)