§ 9.03.01. Generally

A.

Intent. Within the zoning districts established by the LDC or amendments that may later be adopted, there may exist lots , structures , uses of land, water and structures , and characteristics of use which were lawful before the LDC was adopted or amended, but which would be prohibited, regulated, or restricted under the terms of LDC or future amendments. It is the intent of this section to permit these nonconformities to continue until they are voluntarily renovated or removed as required by the LDC, but not to encourage their survival. It is further the intent of the LDC that the nonconformities shall not be enlarged upon, expanded, intensified, or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district.

B.

Declaration. Nonconforming uses are declared by this section to be incompatible with permitted uses in the districts involved. A nonconforming use of a structure , a nonconforming use of land or water, or a nonconforming use of structure , land or water in combination shall not be extended or enlarged after the effective date of the LDC or relevant amendment thereto 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, except as provided for within section 9.03.03 B.4.

C.

Vested projects. To avoid undue hardship, nothing in the LDC shall be deemed to require a change in the plans, construction, or designated use of a building or property on which a building permit had been applied for prior to the effective date of adoption of relevant amendment of the LDC. In addition, nothing in the LDC shall be deemed to require a change in the plans, construction, or designated use of any property for which a development plan was lawfully required and approved prior to the effective date of adoption of relevant amendment of the LDC, provided that such plan shall expire two (2) years from the date of said approval, or one (1) year from the date of adoption of the LDC, whichever shall first occur, if no actual construction has been commenced; and thereafter, all development shall be in accordance with the zoning regulations then in effect. Any such approved plat or plan may be amended by approval of the BCC, provided the degree of nonconformity with the LDC shall not be increased.

D.

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.

E.

Uses under conditional use provisions not nonconforming uses. All uses lawfully existing on the effective date of the LDC or any subsequent amendment to this Code, which are permitted as a conditional use in a district under the terms of the LDC or any subsequent amendment to this Code, shall not be deemed a nonconforming use in such district, but shall without further action be deemed to have a conditional use permit.

F.

Change to conforming use requires future conformity with district regulations. Where a structure , or structure and premises in combination, in or on which a nonconforming use is replaced by a permitted use shall thereafter conform to the regulations for the district in which the structure is located, and [sic] the nonconforming use shall not thereafter be resumed nor shall any other nonconforming use be permitted.

G.

Nonconformities not involving the use of a principal structure. Nonconformities not involving the use of a principal structure , including, but not limited to, open storage, building supplies, vehicles, mobile homes , trailers, equipment and machinery storage, junkyard, commercial animal yards and the like, shall be discontinued within one (1) year of the effective date of the LDC or relevant amendment of the LDC.

H.

Safety of nonconformities.

1.

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 Collier County 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.

2.

If a nonconforming structure or portion of a structure , or any structure containing a nonconforming use, becomes physically unsafe or unlawful for reasons other this 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 Collier County charged with the public safety; provided, however, that where such unsafeness or unlawfulness is the result of damage from destruction, the percentage of damage limitations set out in section 9.03.02 F.3., as the case may be, shall apply.

(Ord. No. 04-72, § 3.Y)