§ 11.03.09. Nonconforming Show Business Uses (Restricted)

A.

Generally.

The Administrator may certify certain nonconforming show business uses not otherwise meeting the provisions of Section 11.03.06 of this Part and authorize utilization of such certified uses subject to restrictions as provided in this Section. However, nothing in this section shall preclude a property owner from seeking legal nonconformity status for a show business use through other provisions of this Part.

B.

Criteria for Certifying Legal Nonconforming Show Business Use (Restricted) Status.

An existing show business use, as defined in this Code, that is located on a parcel not zoned RSB or without an SB Overlay may be certified legally nonconforming provided it can be demonstrated to the satisfaction of the Administrator, per Section 11.03.01.E above, that the show business use was established on the parcel prior to June 23, 2011 and provided an application for a determination of nonconforming status has been submitted to the Administrator prior to the close of business on April 30, 2014. In such case, the show business use shall be brought into compliance with Section 3.01.02 of this Code and the following additional restrictions within 30 days of the date of certification:

1.

Group living facilities and exotic show animals are not permitted.

2.

The repair of show business sets, signs, equipment and vehicles shall be limited to neighborhood serving motor vehicle repair as defined in this Code. Said repairs shall be limited to sets, signs, equipment and vehicles owned or leased by residents of the property. Minor and major motor vehicle repairs as defined by this Code, body or structural work, welding, grinding, stripping, painting with power sprayers and/or construction of show business sets, signs, equipment and vehicles are not permitted.

3.

All show business sets, signs, equipment and vehicles shall meet the accessory structure regulations found in Section 6.11.04 of this Code except the minimum side yard setback shall be ten feet and the minimum rear yard setback shall be five feet. Additionally, said sets, signs, equipment and vehicles shall not be located in front of the principal residential building on the parcel.

4.

Open storage of all show business sets, signs, equipment and vehicles shall be screened from adjacent properties and roadways by a six-foot-high solid fence or wall. Placement of the fence or wall shall conform with the requirements of this Code.

(a)

Notwithstanding, screening shall not be required where an adjacent property has an RSB zoning, SB overlay, PD zoning that permits show business uses or a legal nonconforming show business use certification. However, if at any time such adjacent property no longer has an RSB zoning, SB overlay, PD zoning that permits show business uses or a legal nonconforming show business use certification, the required screening shall be installed within 30 days of request by Hillsborough County.

5.

The nonconforming use certification shall apply to the entire parcel occupied by the show business use prior to June 23, 2011, as certified by the Administrator, and the parcel may be wholly utilized for restricted show business use in a manner consistent with the requirements of this Section and all other applicable requirements of this Code.

C.

Cessation of Use.

If the certified show business 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 show business sets, signs, equipment and/or vehicles during the specified time period unless documentation is provided to the Administrator demonstrating the absence of the show business use was the result of attendance at show business related events, such as fairs, carnivals, and festivals.

(Ord. No. 13-11, § 2(Exh. A)(Item A)(13-0290), 4-17-13)