Lake Wales (Current through Ordinance 2023-17, Adopted 7-05-2023) |
Code of Ordinances |
Chapter 23. Zoning, Land Use And Development Regulation |
Article III. General Development Regulations |
Division 3. Non-Conforming Uses, Lots, And Structures |
§ 23-371. Intent.
It is the intent of this chapter to:
a. Allow those structures and uses which were lawful before this ordinance was passed or amended, for which would be prohibited, regulated, or restricted under the terms of this chapter or future amendments, to remain or continue unless their removal or discontinuation is required under specific provisions of this chapter, but not to allow increases in nonconformities where detrimental to the neighborhood or area;
b. Allow expansion of nonconforming one- and two-family structures provided the expansion is in compliance with applicable dimensional requirements and allow increases in nonconformity in one- and two-family structures only where such increases are not detrimental to the neighborhood;
c. allow expansion or change in nonconforming structures and uses only after careful consideration of the impact of the expansion on the neighborhood;
d. allow a nonconforming use to be changed to another nonconforming use if the new use is less detrimental to the neighborhood than the existing use;
e. require that when nonconforming uses and structures are allowed to expand or change to another nonconforming use, the properties are brought into compliance with the requirements of this chapter to the extent that is reasonable and feasible;
f. prohibit the re-establishment of any nonconforming non-residential use where that use has been discontinued for a year or more;
g. allow the use of legally nonconforming lots, provided they have not been combined with adjacent lots.
Sec. 23-371.2 General. Nonconforming uses and structures established illegally shall be discontinued or removed, as applicable.