§ 7.16.00. Non-conformities.

Non-conformities are land uses, structures, lots and other elements of development that do not conform to the provisions of this Code but were created in accordance with those land development regulations (if any) in effect at the time of their establishment. Subject to the provisions listed below, non-conformities may continue to exist if otherwise lawful and in existence on the date of adoption of this Code. The casual, intermittent, temporary or illegal use of land or structures prior to the effective date of this Code shall not qualify such use or structure for the privileges outlined in this Section.

7.16.01. Non-conforming Uses.

Non-conforming uses shall not be:

(A)

Enlarged, increased or expanded to occupy a greater land or floor area than at the effective date of this Code or amendment to the Code, whichever date created the non-conformity;

(B)

Enlarged or intensified through the erection of any additional structure or use that is not permitted under the provisions of this Code;

(C)

Re-established if destroyed or if use is discontinued for 90 consecutive days;

(D)

Moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of this Code;

(E)

Where the non-conforming lots were created by the exercise of the power of eminent domain, or threat there, or as a result of a court order, combination of the lots shall not be required; and,

(F)

A non-conforming structure which is hereafter damaged or destroyed in excess of 50 percent or more of its assessed value, for the life of the structure, by deterioration, flood, fire, explosion, earthquake, hurricane, tornado, war, riot, or act of God, may not be reconstructed or restored for use except in compliance with the requirements of this Code.

Non-conforming uses of land where no principal structure exists, other than Agriculture, shall be discontinued within two years of the adoption of this Code or amendment thereto, whichever date rendered the use non-conforming.

7.16.02. Non-conforming Lots of Record.

Lots not meeting the standards established in this Code for minimum width, depth and area but recorded in the public records of Hardee County prior to the date of adoption of this Code or amendment thereto may be used for building purposes with the following provisions:

(A)

Single-family dwelling units shall not be built on lots of less than 50 feet in width and 5,000 square feet in size without a variance authorized by the Board of County Commissioners;

(B)

All other structures shall be built on lots of no less than 60 feet in width and 6,000 square feet in size without a variance authorized by the Board of County Commissioners;

(C)

Contiguous platted subdivision lots that are of single ownership, and do not separately meet width, depth and area requirements of the applicable land use/zoning district, shall be considered a single lot for development purposes;

(D)

Non-conforming lots of record shall not be reduced in size, width or depth without a variance authorized by the Board of County Commissioners;

(E)

All development permitted on nonconforming lots of record shall be subject to normal setbacks and all other requirements of this Code; and,

(F)

A legal lot cannot be created by creating an illegal, non-conforming remnant, parcel, or lot.

7.16.03. Non-conforming Structures.

Structures qualifying as non-conforming shall not be:

(A)

Moved in whole or in part, if non-conforming by use, to another location on the same parcel or lot that it occupies;

(B)

Transported to any other parcel of land unless such transport would render the structure conforming to all applicable provisions of this Code;

(C)

Enlarged or expanded in any manner, unless such enlargement reduces the degree of non-conformity and is carried out in accordance with the provisions of this Code; or,

(D)

Rebuilt, repaired or renovated in excess of 50% of the assessed value of the structure, as determined by the Hardee County Property Appraiser.

Structures that are nonconforming by size, but not by use, may be enlarged if the addition will reduce non-conformity of floor area and will meet required setbacks. Structures that are non-conforming by setback, but not by use, may be enlarged if all new construction meets required setbacks.

7.16.04. Non-conforming Mobile Home Parks.

Existing mobile home parks that are non-conforming by use and design shall not be redesigned, expanded in area, or modified to accommodate additional mobile homes.

7.16.05. Non-conforming Agricultural Disposal of Septage/ Non-conforming Septage Treatment Facility Site and Septage Treatment Facility Site.

Agricultural disposal of septage and Septage Treatment Facility site shall be considered non-conforming land uses of those sites for which:

(A)

The State of Florida Department of Health has issued a permit pursuant to the Florida Administrative Code, Chapter 10D-6, approving the site for disposal of septage and/or for a Septage Treatment Facility site; and,

(B)

The property owner establishes by a preponderance of the evidence that he/she has relied in good faith on an act or omission of the County to make such a substantial change in position or incur such extensive obligations and expenses that it would be highly unjust and inequitable to destroy the grandfather rights acquired. The acquisition of property shall not be considered a substantial change in position of occurrence of extensive obligation.