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 Daytona Beach
 Land Development Code
 Article 8. NONCONFORMITIES

  § 8.2. Nonconforming Uses.  

Latest version.

  • A.

    General. Nonconforming uses are declared generally incompatible with the permitted uses in the district in which they are located and with the provisions of this Code. Nonconforming uses shall be subject to the standards in this section.

    B.

    Extension, Expansion, or Relocation. A nonconforming use shall not be extended, expanded, or moved to occupy a different area of a structure or lot. An existing nonconforming use may extend into any portion of a structure that was clearly designed or arranged for the particular use when the use became nonconforming.

    C.

    Change in Use. A nonconforming use may only be changed to a use that is permitted in the zoning district in which it is located. Once a nonconforming use is converted to a conforming use, it shall not be changed back to a nonconforming use.

    D.

    Discontinuance of Use.

    1.

    If a nonconforming use ceases to operate or is discontinued for a period of three consecutive months or longer, it shall not be reestablished and shall only be replaced with a conforming use.

    2.

    Time spent renovating or repairing a structure devoted to the nonconforming use is not considered a discontinuance of the use, provided:

    a.

    All appropriate development permits are obtained;

    b.

    The renovation or repair is completed within 18 months after commencement of the repair or renovation;

    c.

    The use is reestablished within one month after completion of the renovation or repairs; and

    d.

    Any discontinuance of use caused by government action and without the contributing fault by the nonconforming user shall not be considered in determining the length of discontinuance.

    E.

    Nonconforming Accessory Uses. A nonconforming accessory use to a conforming principal use shall be discontinued within six months after being rendered nonconforming.

    F.

    Structures Used for Nonconforming Use. Any reconstruction or repair of a damaged structure used for a nonconforming use shall be subject to the same provisions applicable to nonconforming structures in Section 8.3.E, Reconstruction or Repair after Casualty Damage.

(Ord. No. 16-122, § 2, 4-20-2016)