§ 47-12.9. Nonconforming use.

A.

Nonconforming use. An owner or developer may change a nonconforming use or add an additional use to an existing nonconforming use subject to the following:

1.

A nonconforming use is any use not in violation of the Code prior to the enactment of this ordinance which use is not permitted as provided in this Section 47-12 in the district where the parcel is located.

2.

The proposed additional use must be permitted in the zoning district in which the property is located.

3.

The owner must submit an ADP as provided in Section 47-12.6 but need only include such information as determined by the planning department related to the impact such use may have on parking, vehicular and pedestrian traffic and circulation, and existing uses or developments in the immediate area.

4.

An ADP for a change or addition to a nonconforming use shall be reviewed in accordance with the procedures applicable to a similar proposed development or use which conforms to the provisions of Section 47-12.7, Central Beach Districts.

5.

The applicant shall be required to comply with those development standards and requirements related to improvements located outside of the principal structure. Such development standards and requirements shall include but not be limited to parking, landscaping, signs, ingress and egress, nonstructural alterations to the exterior of the principal structure and other improvements related to making the existing principal structure located on the parcel and its use compatible with the revitalization plan but which do not require structural alteration to the principal structure.

6.

The provisions of this Section 47-12.11 shall apply to a change, addition or expansion of a conforming use within a nonconforming structure.

B.

Nonconforming structure. An owner or developer of a nonconforming structure may make alterations to a nonconforming structure or construct accessory conforming structures and improvements such as fences, walls, signs and nonstructural alteration to the exterior of the principal structure subject to the following:

1.

A nonconforming structure is any structure which has not been approved as a part of an ADP.

2.

An alteration or improvement permitted under this section shall only include improvements related to making the principal structure and its use more compatible with the revitalization plan but shall not include alterations or improvements which exceed fifty percent (50%) of the replacement value of the principal structure. Alterations or improvements to a nonconforming principal structure may exceed fifty percent (50%) of the replacement value of any building or structure designated as historic by the historic preservation board pursuant to the provisions of Section 47-27.7 if such alterations and improvements are initially approved by the historic preservation board.

3.

The owner or developer must submit an ADP as provided in Section 47-12.6 but need only include such information related to the alteration or improvement and how such alteration or improvement shall mitigate the nonconformity and cause the principal structure or use to be more compatible with the revitalization plan.

4.

An ADP for an alteration or improvement to a nonconforming structure shall be reviewed in accordance with the procedures applicable to a similar proposed development or use which conforms to the provisions of Section 47-12.6.

C.

Effect of a beach development permit for a nonconforming use or structure.

1.

The grant of an ADP permitting a change or addition of a use to an existing nonconforming use or an alteration or improvement to an existing nonconforming structure shall not be considered a determination that the existing or additional use or structure is conforming. Any ordinance applicable to nonconforming uses and structures shall continue to apply to the nonconforming use, structure or both.

2.

Any nonconforming use or structure which has been changed to a conforming use or structure pursuant to a beach development permit shall not be permitted to be changed to a nonconforming use or structure.

(Ord. No. C-97-19, § 1(47-12.11), 6-18-97; Ord. No. C-01-10, § 1, 4-5-01)