§ 62-1188. Nonconforming lots of record.

In any zoning classification in which dwellings, structures or buildings are permitted, notwithstanding limitations imposed by other provisions of the chapter, such dwellings, structures, buildings and customary accessory buildings as are permitted may be erected on any lot of record, provided that such lot of record met the requirements of the county comprehensive plan and zoning regulations at the time such lot was recorded or platted. Uses and buildings shall not be established on lots and parcels not qualifying as nonconforming lots of record unless relief is obtained through the board of adjustment, provided the zoning is consistent with the comprehensive plan. Nonconforming lots are subject to the following criteria:

(1)

Single family and duplex uses: Buildings and uses may be established on such lots, provided the lot has a width of not less than 50 feet, a depth of not less than 75 feet, and an area of not less than 5,000 square feet.

(2)

All other uses:

a.

Multifamily, commercial and industrial uses: Unless otherwise specified in this section, buildings and uses may be established on such lots, provided unless the lot has a width of not less than 60 feet, a depth of not less than 75 feet, and a lot area of not less than 6,000 square feet.

b.

Mobile home uses (TRC-1, TR-1 and TR-2 zoning classifications): Buildings and uses may be established on such lots, provided the lot has a lot width of not less than 50 feet and a lot area of not less than 4,000 square feet. The setback requirements that were in existence at the time of the platting of the lot shall control for the purpose of setback requirements for the nonconforming lot.

c.

Merritt Island Redevelopment Area: Buildings and uses may be established on such lots, provided the lot has a width of not less than 50 ft., a depth of not less than 75 ft., and an area of not less than 5,000. This paragraph shall be limited to Plat Book 2, Page 78 (Merritt Winter Home Development) north of State Road 520, Plat Book 4, Page 69 (Sunnyside Tract Map 2) east of North Tropical Trail and Plat Book 5, Page 48 (Merritt Park Place).

(3)

The provisions of subsections (1) and (2) of this section shall apply even though such lot fails to meet the requirements for lot area or lot dimensions, or both, that are generally applicable in the particular zoning classification, provided that setback requirements and other requirements not involving lot area or lot dimensions, or both, of the lot shall conform to the current regulations for the zoning classification in which such lot is located, except for the setback provisions for nonconforming lots in the TRC-1, TR-1 and TR-2 zoning classifications as set forth in subsection (2) of this section.

(4)

If two or more lots or a combination of lots and portions of lots with contiguous frontage in single ownership are of record, and if all or part of the lots do not meet the requirements for lot width, lot area and lot depth as established in this section, the lands involved shall be considered to be an undivided parcel for the purposes of this chapter. Where two or more nonconforming lots of record are combined for the purpose of requesting a new zoning classification which would make the combined lots conforming as one parcel, the lots shall not be redivided subsequent to the rezoning except where such division would create lots consistent with all other provisions of the comprehensive plan and zoning regulations.

(5)

Nonconforming lots also include those lots which were consistent with the comprehensive plan and zoning regulations at the time they were established and:

a.

Are recorded in the official record books or plat books of the county;

b.

Existed pursuant to a fully executed but unrecorded deed; or

c.

Existed pursuant to a valid contract for deed or contract for purchase.

A lot, parcel or tract of land which is zoned AU, agricultural use, and is less than 2.5 acres in size may also be determined to be nonconforming if the lot, parcel or tract of land was recorded in a survey book prior to March 6, 1975. A lot, parcel or tract of land which is zoned GU, general use, and is less than five acres in size may also be determined to be nonconforming if the lot, parcel or tract of land was recorded in a survey book prior to May 20, 1975.

(6)

The owner of a lot which is smaller than the minimum size required by this article or the comprehensive plan, and who cannot prove nonconforming status, may make application for a waiver of up to but not exceeding ten percent of the required lot size pursuant to section 62-1154.

(7)

If a vacant lot becomes a nonconforming lot of record due to a comprehensive plan amendment which reduces its development potential, but the lot is undersized for the zoning classification necessary to bring its zoning into compliance with the comprehensive plan, then the lot may be administratively rezoned to a zoning classification with which its size complies regardless of that classification's relationship to the comprehensive plan, as long as the new classification does not permit more than one residential unit.

Where a vacant lot is administratively rezoned pursuant to this provision, such lot shall be permitted to build to the setbacks permitted by the zoning classification held prior to the administrative rezoning.

(8)

Any nonconforming lot of record may be considered for rezoning to other zoning classifications consistent with the comprehensive plan.

(9)

Any parcel having an existing use, pre-existing use (PEU), or an otherwise vested use that was conforming with its zoning classification at the time of a comprehensive plan adoption or amendment shall not be considered inconsistent with the future land use map series, unless so determined by the board of county commissioners pursuant to the criteria established in the future land use element of the comprehensive plan. The parcel will not be administratively rezoned and its zoning classification will be retained unless otherwise directed by the board of county commissioners pursuant to section 62-1152, or as provided below:

a.

If the existing use, pre-existing use (PEU), or an otherwise vested use is of an intensity that is consistent with a more restrictive zoning classification, then the parcel may be administratively downzoned to that more restrictive classification. Such classification shall be considered consistent with the future land use map, except as provided in subsection b. below.

b.

The property owner may make use of the retained or downzoned classification pursuant to the regulations of this chapter unless and until he chooses to request and receives an amendment to the parcel's zoning consistent with the comprehensive plan.

(Code 1979, § 14-20.38(I); Ord. No. 98-27, § 1, 4-30-98; Ord. No. 98-40, § 1, 7-30-98; Ord. No. 99-25, § 1, 4-8-99; Ord. No. 2000-32, § 1, 5-9-00; Ord. No. 2005-03, § 1, 1-25-05)