§ 138-203. Nonconforming uses.

A nonconforming use is a land use activity that exists on a property that would not be permitted under the current code, but was lawful at the time it was established. The following standards and requirements apply to legally nonconforming uses.

(a)

Continuation. A nonconforming use may continue in operation at the same intensity/scale that it was legally established, unless otherwise prohibited herein.

(b)

Abandonment. When a nonconforming use of land or structure has been abandoned, for more than 180 consecutive days, its future use shall conform to the uses permitted in the district in which such land is located. Such lands shall not thereafter be occupied by any nonconforming use.

(c)

Maintenance and repair. Structures that contain nonconforming uses may be maintained and repaired pursuant to the district dimensional standards or as allowed in the nonconforming structures subsection of this chapter.

(d)

Location. A nonconforming use shall not be moved in whole or in part from one lot/parcel to another lot/parcel, except as to bring the use into conformance with this Code.

(e)

Modification and expansion. A legal nonconforming use may only be modified, enlarged, extended, or intensified pursuant to this section.

(1)

Nonresidential nonconforming uses. Any increase in intensity for a nonresidential nonconforming use shall require special approval as a Type 2 review.

(2)

Multifamily nonconforming uses. The total square-footage of a multifamily, nonconforming use may be modified up to 20 percent of its square-footage from the time when the use was made nonconforming. Adding dwelling units to a nonconforming multifamily use is not allowed. Any further increases require special approval as a Type 2 review.

(3)

Single-family attached/detached, three-family, and two-family nonconforming uses. The total square-footage of the nonconforming use may be modified, enlarged, extended, or intensified up to 20 percent of its square-footage from the time when the use was made nonconforming. Any further increases require special approval as a Type 2 review.

(4)

Approval criteria for modifications and expansions. When a modification to a nonconforming use is proposed, the request shall be consistent with the following criteria:

a.

The proposal will not materially change the character or quality of the neighborhood in which it is located;

b.

The proposal will be compatible with the land use and zoning designations of the surrounding properties;

c.

The new development associated with the proposal will comply with current dimensional requirements;

d.

The proposal complies with the level of service standards as set forth in the Pinellas County Comprehensive Plan; and

e.

A nonconforming use shall not be expanded beyond the boundaries of the parcel of land it occupied when it became nonconforming.

(f)

Redevelopment and re-establishment. A property may be entirely redeveloped and/or re-established with the nonconforming use or situation subject to the provisions of section 138-208 of this division.

(Ord. No. 18-36 , § 3(Att. B), 10-23-18)