Article 8

8.1.1. Within the districts established by these zoning regulations or amendments that may later be adopted there may exist lots, structures, uses of land or water and structures, and characteristics of use which were lawful before these zoning regulations were adopted or amended, but which would be prohibited, regulated, or restricted under the terms of these zoning regulations or future amendments.

8.1.2. It is the intent of these zoning regulations to permit these nonconformities to continue until they are voluntarily removed or removed as required by these zoning regulations.

8.1.3. To avoid undue hardship, nothing in these regulations shall be deemed to require a change in the plans, construction, or designated use of any building or property for which a valid building permit was lawfully issued prior to the effective date of these regulations.

8.2 Nonconforming Uses

8.2.1. Intent

8.2.2. Casual, Temporary or Illegal Use

The casual, temporary, or illegal use of land or structures, or land and structures in combination, shall not be sufficient to establish the existence of a nonconforming use or to create rights in the continuance of such use.

8.2.3. Nonconforming Use of Lands or Waters

Where at the effective date of adoption or amendment of these zoning regulations lawful use of lands or waters exists that would not be permitted under these zoning regulations, the use may be continued, so long as it remains otherwise lawful, provided:

a. Movement, Alteration, Intensification

No nonconforming use of land not involving structures shall be moved in whole or part to adjacent property not containing such use, nor shall such use be altered or intensified by adding additional nonconforming uses within the confines of the property containing such nonconforming use on the adoption date or amendment date of these zoning regulations.

b. Discontinuance

If any such nonconforming use ceases for any reason (except when governmental action impedes access to the premises) for a period of more than 365 consecutive days, any subsequent use of such land shall conform to the regulations specified by these zoning regulations for the district in which such land is located.

c. Division or Structural Additions

No lot or parcel of land with a nonconforming use shall be subdivided, nor shall any structures be added on such lot.

8.2.4. Nonconforming Use of Structures

Where, after October 27, 2003, lawful use of structures and premises exist, such use may be continued so long as it remains otherwise lawful and provided it meets the all of the following requirements.

a. Enlargement, Extension or Alteration of Structures

No existing structure devoted to a use not permitted by these zoning regulations in the district in which such use is located shall be enlarged, extended, constructed, reconstructed, moved, or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located.

b. Extension of Use in Building Manifestly Designed for Such Use

Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use after October 27, 2003. Any nonconforming use which occupied a portion of a building not originally designed or intended for such use shall not be extended to any other part of the building. No nonconforming use shall be extended to occupy any additional building on the same lot or parcel not used for such nonconforming use after October 27, 2003.

c. Change in Tenancy or Ownership

There may be a change in tenancy, ownership, or management of a nonconforming use provided there is no change in the nature or character of such nonconforming use.

d. Change in Use to Equal or Lesser Nonconforming Use

If no structural alterations are made, any nonconforming use of a structure (or of a structure and premises in combination) may be changed to another nonconforming use of the same character, or to a more restricted but nonconforming use, provided the Board of Zoning Appeals shall find that the proposed use is equally or more consistent with the district than the existing nonconforming use and that the relation of the structure to surrounding properties is such that adverse effects on occupants and neighboring properties will not be greater than if the existing nonconforming use is continued.

e. Discontinuance

If any nonconforming use of a structure, or structure and premises in combination, ceases for any reason (except where governmental action impedes access to the premises) for a period of more than 365 consecutive days, any subsequent use shall conform to the regulations for the district in which the use is located.

f. Division or Structural Additions

Premises which contain structures devoted to a nonconforming use as of October 27, 2003, shall not be divided, nor shall any additions be added to the premises, unless the nonconforming use is discontinued.

g. Destruction of Major Structure or Structures

Where nonconforming use status applies to a major structure or structures, or to a major structure or structures and premises in combination, removal or destruction of the structure or structures shall eliminate the nonconforming status of the land. "Destruction" of the structure for purposes of this paragraph is hereby defined as damage to an extent of more than 50 percent of the replacement cost at the time of destruction. Upon removal or destruction as set out in this paragraph, the use of land and structures shall thereafter conform to the regulations for the district in which such land is located.

h. Transmission Tower

For Transmission Towers, see Chapter 118, Article II of the Sarasota County Code, as may be amended.

8.2.5. Nonconforming Manufactured Home, Mobile Home or Recreational Vehicle

8.2.6. No Additional Signs or Addition of Nonconforming Uses

A nonconforming use of a structure, a nonconforming use of land or water, or a nonconforming use of structure and land or water in combination shall not be extended or enlarged after the effective date by attachment on a structure or premises of additional signs intended to be seen from off the premises, or by the addition of other uses of a nature which would be prohibited generally in the district involved.

8.3 Nonconforming Structures

8.3.1. Where a structure exists lawfully under these zoning regulations at the effective date of its adoption or amendment that could not be built under these zoning regulations by reason of restrictions on lot area, lot coverage, height, yards, location on the lot, or requirements other than use concerning the structure, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:

a. Any nonconforming structure or portion thereof shall not be enlarged or altered except as provided below.

1. Enlargements or alterations to a nonconforming historic structure listed in the Sarasota County Register of Historic Places pursuant to Chapter 66, Article III, Section 66-112; listed as a historic resource as defined in Chapter 66, Article III, Section 66-74(a); or listed in the “Director’s List of Historic Resources in Sarasota County” in accordance with Chapter 66, Article III, Section 66-74(c) shall be permitted provided that the enlargement or alteration does not exceed the nonconforming yard or height established by the existing structure and is in compliance with all other applicable zoning regulations, and further provided that a Certificate of Appropriateness, when required, for the enlargement or alteration has been obtained as required by Chapter 66, Article IV of the Sarasota County Code, as may be amended from time to time.

2. Existing nonconforming historic structures listed in the Sarasota County Register of Historic Places pursuant to Chapter 66, Article III, Section 66-112; listed as a significant historic resource as defined in Chapter 66, Article III, Section 66-74(a); or listed in the “Director’s List of Significant Historic Resources in Sarasota County” in accordance with Chapter 66, Article III, Section 66-74(c) may remain if the property on which the historical structure is located is rezoned to a new zoning district. The existing nonconformities with regard to lot area, lot coverage, height, yards, location on the lot or requirements other than use concerning the structure shall be considered conforming in the new zoning district.

c. Notwithstanding the foregoing restrictions as to reconstruction, any residential structure or structures in any residential zone district may be rebuilt after destruction, except when destruction has occurred by the voluntary act of the owner, height and density of units per acre regardless of the percentage of destruction; and any Adult Congregate Living Facility with nonconforming density may be destroyed, voluntarily or otherwise, to the extent of 15 percent of its residential units, and still be permitted to reconstruct those units at a later time, provided that the reconstructed units do not result in an increase over the residential density existing on the date that the facility became nonconforming. In the event of such rebuilding, all applicable district requirements, except as identified above, shall be met unless a variance therefore (within the authority of the Board of Zoning Appeals) is obtained from the Board of Zoning Appeals. For the purpose of this Section, a hotel or motel structure shall be considered to be a residential structure.

d. Should such structure be moved for any reason for any distance whatever, other than as a result of governmental action, it shall thereafter conform to the regulations for the district in which it is located after it is moved.

e. For transmission towers, see Chapter 118, Article II of the Sarasota County Code, as may be amended.

8.4 Nonconforming Lots of Record

8.4.2. Except as expressly set forth below, in any district, any permitted or permissible structure may be erected, expanded, or altered on any lot of record at the effective date of adoption or amendment of these zoning regulations, notwithstanding limitations imposed by other provisions of these zoning regulations. The maximum residential density, maximum lot coverage, minimum width, and minimum yard requirements for individual or combined yards shall be as for the most similar district of the same use type (residential, commercial, industrial, etc.), and, if residential, the same housing type, to which such lot of reco rd most closely conforms in dimension or area.

8.4.3. Any lot or parcel of land resulting from any division, subdivisions, resubdivision, combination or recombination of nonconforming lots shall comply with the zone district minimum lot area and width standards.

8.4.4. Unity of title shall be required for any construction or expansion where mutiple nonconforming lots are used as a single parcel for development purposes. In consideration of the County’s issuance of a permit for such construction, the landowner shall agree to restrict such lots in the following manner:

a. Said property shall be considered as one parcel of land, and no portion of that parcel of land shall be sold, transferred, devised or assigned separately, except in its entirety as one parcel of land. Any further subdivision of the parcel of land shall comply with the Sarasota County Zoning and Land Development Regulations. This condition, restriction and limitation shall be deemed a covenant running with the land, and shall remain in full force and effect and be binding upon any the landowner, any heirs and assigns.

b. A unity of title agreement shall be recorded in the public records of Sarasota County acknowledging the above requirements and placing the required covenant upon the land. Release of any recorded unity of title agreement must be approved by Sarasota County.

8.4.5. Special Requirements in the Siesta Key Overlay District (SKOD)

The Siesta Key Overlay District contains special requirements for nonconforming lots of record in Section 4.10.4.p

8.5 Nonconforming Residential Density

Where properties containing dwelling units that exceed the density allowed by these zoning regulations exist on the date of adoption or amendment of these zoning regulations, no structural additions or additional structures are permitted unless the density of units is reduced in conformance with these zoning regulations, except as follows:

a. Internal alterations to a structure containing dwelling units that exceed the density allowed in this Ordinance may be permitted, provided that the alterations do not increase the residential density.

b. Congregate care facilities that exceed the density allowed in these zoning regulations may be physically expanded, provided that no there is no increase in residential density.

c. The addition of accessory structures, such as swimming pools, tool sheds, carports or garages, that do not add to the habitable square footage of the buildings on the site, are exempt from this provision.

8.6 Nonconforming Characteristics of Use

8.6.1. If characteristics of use, including, but not limited to, signs, off-street parking, off-street loading, or landscaping, are made nonconforming by these zoning regulations as adopted or amended, no change shall thereafter be made in such characteristics of use which increases nonconformity with these zoning regulations.

a. Nonconforming signs shall not be modified or altered, except in conformity with these zoning regulations.

b. Nonconforming parking or loading areas may be modified, altered or expanded, provided that the changes do not increase the degree of nonconformity with these zoning regulations.

1. Any expansion or redevelopment of a multi-tenant development shall be required to provide a percentage of the required project boundary buffer, and a percentage of the required street buffer, including any required parking buffer in accordance with Section 7.3, when improvements are made that trigger the provisions Section 3.9, Site and Development Plan. Said percentage shall equal the total gross leasable area of the proposed expansion or redevelopment, divided by the total gross leasable area of the entire existing multi-tenant development (including the proposed expansion or redevelopment).

EXAMPLE: Adding 30,000 square feet of gross leasable area to an existing shopping center with 100,000 square feet of gross leasable area will entail providing 30 percent (30,000 divided by 130,000) of the required landscaping.

8.7 Nonconformities in General

8.7.1. Repairs and Maintenance

On any nonconforming structure or portion of a structure and on any structure containing a nonconforming use, repairs and maintenance to the structure may be made, provided the structure is not enlarged to increase the nonconformity.

8.7.2. Nonconforming Structures Unsafe Due to Lack of Maintenance

If a nonconforming structure or portion of a structure or any structure containing a nonconforming use becomes physically unsafe or unlawful due to lack of repairs or maintenance, and is declared by the duly authorized official of the County of Sarasota to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired, or rebuilt except in conformity with the regulations of the district in which it is located.

8.7.3. Other Unsafe Nonconforming Structures

If a nonconforming structure or portion of a structure or any structure containing a nonconforming use becomes physically unsafe or unlawful for reasons other than lack of repairs or maintenance, nothing contained herein shall be deemed to prevent the strengthening or restoring to a safe condition of such building or part thereof declared to be unsafe by the authorized official of the County of Sarasota charged with protecting the public safety; provided, however, that where such unsafe condition or unlawfulness is the result of damage from destruction, the percentage of damage limitations set out in Section 8.2.4.g or 8.3.1.b, as the case may be, shall apply.

8.8 Elimination of Nonconforming Status

8.8.1. Change from a Nonconforming Use to a Conforming Use

Any structure, or structure and premises in combination, in or on which a nonconforming use exists may be converted to a conforming permitted, limited or approved special exception use provided that the extent of any nonconformity with these zoning regulations shall not be increased or enlarged. Any nonconforming use shall not thereafter be permitted.

8.8.2. Special Exception Process to Eliminate Nonconformities

a. The special exception process in Section 3.16 may be used for the following purposes:

2. Where improvements are proposed on a site containing a nonconforming use, structure or characteristics of use.

b. In permitting such change, the Board of County Commissioners may require site improvements and other appropriate restrictions, stipulations, conditions and safeguards that further the intent and purpose of these zoning regulations.

c. Once such a change has been approved as a special exception, the provisions of this Article allowing a lesser nonconformity shall no longer be available. All further development shall be in conformity with the special exception, or in full conformance with these zoning regulations.

Article 8. Nonconformities

8.1 General