§ 11.03.06. Nonconforming Use

A.

Generally

The Administrator may certify uses not otherwise meeting the provisions of this Code and authorize utilization of such certified uses as provided in this section.

B.

Use Established as Legally Permissible Under Provisions of Regulations in Effect at the Time of Development

Uses established legally at the time of development shall be deemed pre-existing and may be certified by the Administrator and allowed to continue provided that:

1.

There shall be no enlargement, increase in intensity or alterations to the use, its permanent structure or both, except as provided in E and J below.

2.

Such uses may not be enlarged, extended, altered or replaced, except for a change to a use permitted in the district in which it is located, except as provided in B.3., E. and J. below.

3.

A nonconforming use may be extended through portions of a building manifestly arranged or intended for such a use, but not otherwise extended and shall not extend to occupy land outside such building or any additional building not used for such nonconforming use at the time that nonconforming status was established, except as provided in E. and J. below.

C.

Cessation of Use

If the use ceases for more than 90 consecutive calendar days or a total of 180 calendar days in a one year period, subsequent use of the premises shall conform to the district regulations. For purposes of this regulation, cessation of use shall be defined as the absence of the principal activity or function comprising that use, irrespective of the presence of dormant buildings, equipment and/or materials associated with the use. Facility maintenance for a use that is otherwise inactive shall not be deemed a continuation of that use.

D.

Relocation of Use

No such use shall be relocated or moved to any portion of the lot other than that occupied at the time that nonconforming status was created.

E.

Principal Residence

1.

A dwelling which is the principal residence of the property owner that is made a nonconforming use by the adoption of this Code, the Comprehensive Plan, or amendments thereto, may be expanded, replaced or reconstructed, notwithstanding H. below, provided there has not been a cessation of use. However, the cessation of use provisions described in C. above shall not apply when a principal residence has been vacated due to damage or deterioration and unexpired building permits are in place for repairs or replacement of the dwelling. In such case, the permit application shall be submitted within 90 days of when the residence was vacated, unless an extension is granted by the Administrator for hardship reasons, and the property owner shall proceed in good faith to secure the permits and complete the work in a timely manner. Such expansion, replacement or reconstruction shall be permitted without Board approval, subject to compliance with other requirements of this Code.

2.

Detached single-family residences existing prior to July 26, 1989, the adoption date of the Comprehensive Plan, may be deemed pre-existing and may be certified by the Administrator when substantiated by clear and convincing evidence. Application of this provision shall be restricted to parcels occupied by one single-family dwelling. This provision shall not be applied to parcels occupied by more than one dwelling.

F.

Mobile Home Parks

Certification of a parcel occupied by multiple manufactured homes as a legally nonconforming mobile home park shall require substantial evidence in the form of health and/or building permits issued specifically for a mobile home park, site plans approved for a mobile home park with clearly identified spaces, advertisements and/or leases identifying a mobile home park by name, and other similar documents. General evidence to the presence, permitting and/or leasing of two or more manufactured homes on a single parcel that does not specifically pertain to a mobile home park as previously described shall not constitute adequate grounds for certification of the parcel as a mobile home park.

G.

Act of God

The rebuilding of principal residences or the rebuilding of nonconforming uses or structures damaged or destroyed by an Act of God, may occur at any time without a Nonconformity Special Use Permit.

H.

Repairs and Maintenance of Structures Containing Nonconforming Uses

1.

When a building or structure devoted to a nonconforming use is damaged or deteriorated, as determined by the Administrator, to the extent of 50 percent or more of the building's or structure's assessed taxable value, such building or structure, if restored shall be devoted to conforming uses, except as provided in E. or G. above, or J. below.

2.

Repairs and maintenance on any building devoted in whole nonconforming use may be done in any period of 12 consecutive months on ordinary repairs, or on repair or replacement of non-bearing walls, fixtures, wiring or plumbing to an extent not exceeding ten percent of the current replacement value of the building. Nothing in this section shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by an official charged with protecting the public safety, upon order of such official.

I.

Nonconforming Use Incentives.

Grossly incompatible, nonresidential land uses within recognized, established neighborhoods that are not in conformance with the Future of Hillsborough Comprehensive Plan shall be given incentives to adaptively reuse or replace structures to uses that are compatible with the residential area. This shall be either:

1.

A density credit incentive to provide up to 25 percent bonus not to exceed the density permitted by the Comprehensive Plan; or

2.

The nonconforming use incentive would allow a grossly incompatible nonconforming use to be replaced with another nonconforming use provided the latter is more compatible than the original use.

J.

Expansion, Change, or Rebuilding of Nonconformities

1.

Any property owner wishing to expand, change or rebuild an existing legal nonconforming use shall apply for a Nonconformity Special Use Permit in accordance with the provisions set forth in 10.03.00 of this Code. Expansion, change, or rebuilding shall only be permitted where the Board of County Commissioners finds no significant adverse effects of such nonconformity on adjacent properties. Any structural rebuilding shall be in accordance with the standards of the zoning district in which the property is located. Additions, modifications, or other physical changes to a legally non-conforming structure that adhere to the reduced setback line may be permitted, even if they increase the amount of building area within the required yard, provided other development standards are met.

2.

Expansion of nonconformities shall not occur more than once and shall not exceed 50 percent of the existing square footage or intensity of use.

3.

Notwithstanding the foregoing, principal residences and uses or structures damaged or destroyed by an Act of God may be rebuilt at any time without a Nonconformity Special Use Permit.

4.

Notwithstanding the foregoing, mobile home parks in the Urban Service Area that are legal nonconforming uses may be redeveloped with affordable housing at the same density with any housing type pursuant to the affordable housing requirements of Section 6.11.07 of this Code and connection to public water and wastewater services without a Nonconformity Special Use Permit. The project shall be subject to the affordable housing standards in Sections 6.11.07 and 6.01.02 of this Code for the RSC-9 district unless alternative standards are necessary to achieve the permitted density. Such alternative standards shall be subject to approval of the Administrator as being the minimum necessary for the provision of affordable housing pursuant to Section 6.11.07 of this Code. If alternative standards are requested, the applicant shall provide written justification with a detailed explanation of why the alternative standards are necessary to achieve the permitted density.

(Ord. No. 97-18, § 2, 12-18-97; Ord. No. 00-38, § 2, 11-2-00; Ord. No. 02-13, § 2, 8-1-02; Ord. No. 08-15, § 2, 6-12-08, eff. 10-1-08; Ord. No. 10-9, § 2, Item I(10-0178), 5-27-10, eff. 10-1-10; Ord. No. 18-30, § 2(Exh. A), 10-11-18, eff. 10-18-18)