§ 11.03.02. Classification of Nonconformities  


Latest version.
  • A.

    Generally

    For purposes of this Code and of this division, nonconformities are classified as follows.

    B.

    Nonconforming Lots

    Nonconforming lots to include lots, tracts or parcels which due to size, dimension or other characteristics do not comply with the provisions of this Code. However, per Section 11.03.01.D.1, certain lots not meeting current Minimum Lot Sizes by Available Utilities requirements (Section 6.01.06) are considered legally conforming.

    C.

    Nonconforming Structures

    Nonconforming structures to include dimensional nonconformities such as setbacks, height, lot coverage, floor area ratio and other similar standards.

    D.

    Nonconforming Characteristics of Land

    Nonconforming characteristics of land to include site development standards pertaining to paved off-street parking, access, stormwater management, landscaping, environmental standards and other similar standards. Unpaved areas, unless previously approved by Hillsborough County for parking, shall not be considered in the nonconforming characteristic of land determinations.

    E.

    Nonconforming Use

    Nonconforming use to include the nonconforming use of a structure, the nonconforming use of land or water, the nonconforming use of structure, land and water in any combination.

    F.

    Nonconforming Density

    Nonconforming density to include multi-family development standards pertaining to minimum site area per dwelling unit, community residential home standards pertaining to minimum site area per placed resident, and other similar standards, and density requirements of the Comprehensive Plan. Single-family lots that are nonconforming to density requirements of the Comprehensive Plan shall be classified as Nonconforming Lots per Paragraph B above.

    G.

    Nonconformities by Public Order

    Nonconformities by public order to include nonconformity created where lawful public takings have the same effect as violations of this Code which are undertaken privately.

    H.

    Nonconforming Show Business Use (Restricted)

    Nonconforming show business uses, as defined in this Code and with certain restrictions as outlined in Section 11.03.09 herein, established prior to June 23, 2011 on parcels not zoned RSB or without an SB Overlay. This category shall not include show business uses which are certified legally nonconforming through other provisions of this Part.

(Ord. No. 00-38, § 2, 11-2-00; Ord. No. 06-18, § 2, 8-1-06; Ord. No. 07-18, § 2, 7-19-07, eff. 10-1-07; Ord. No. 13-11, § 2(Exh. A)(Item A)(13-0290), 4-17-13)