ARTICLE XII. NONCONFORMING USES, STRUCTURES, AND PROJECTS

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1 ARTICLE XII. NONCONFORMING USES, STRUCTURES, AND PROJECTS Sec Nonconforming uses--continuation. (a) Unless specifically prohibited elsewhere in these regulations, nonconforming uses that were otherwise lawful on the effective date of these regulations may be continued. (b) All nonconforming uses of land without principal buildings, including open storage; building supplies; vehicle, implement or machinery storage, not on the same lot with a plant, factory, or sales facility; signs; billboards; junk yards; and commercial animal yards, and similar uses, shall comply with these regulations pertaining to uses permitted within one (1) year from the effective date of these regulations unless otherwise prohibited by law. Sec Same--Extension, enlargement, or expansion. A use not in conformance with these regulations shall not be extended, enlarged or expanded where such activity will result in: (a) An increase in the amount of space devoted to the nonconforming use. (b) (c) An increase in the number of required parking spaces. An increase in the provision of public services (i.e. method and frequency of solid waste collection, a larger sized water meter, or similar demand for public facilities or service). Sec Same--Discontinuance. A use not in conformance with these regulations shall not be changed to another nonconforming use or reestablished after discontinuance for a period of six (6) months. For the purposes of this section, this six (6) month period may be determined by a failure to maintain a valid occupational license, the cessation of water and or electric services, or any other method as may be deemed appropriate by the Administrator. Sec Nonconforming structures--in general. Nonconforming structures that were otherwise lawful on the effective date of these regulations may be maintained and repaired except as provided in Sections and below. Sec Same--Extension, enlargement, or expansion. A structure not in conformance with these regulations shall not be extended, enlarged or expanded where such activity will result in a greater nonconformity with respect to such standards as setback, height, lot coverage, or density. Sec Same--Rebuild and repair. A structure not in conformance with these regulations shall not be rebuilt or repaired after damage exceeding fifty percent (50%) of the assessed value of the structure on the date of the damage, as determined and maintained by the Brevard County Property Appraiser's Office.

2 Notwithstanding the above, a single-family residential structure which is nonconforming in that said structure does not meet the necessary minimum square footage requirements or lot and building or setback requirements may be rebuilt or repaired in the same configuration as before damaged even if the damage is in excess of fifty percent (50%) of the assessed value of the single-family residential structure. A single-family residential structure which is a nonconforming use which is destroyed by more than fifty percent (50%) of the assessed value of the structure may not be rebuilt or repaired. (Ord. No , 1, ) Sec Nonconforming lots. Lots made nonconforming by the adoption of these regulations shall comply with the following: (a) Remedies. Where two (2) or more nonconforming lots with continuous frontage are under the same ownership, or where a nonconforming lot has continuous frontage with a larger tract under the same ownership, such lot or lots shall be combined to form one (1) or more building sites meeting the lot requirements of the district in which they are located. (b) Dwellings on Nonconforming Lots. The building official may issue a building permit for a single-family dwelling on any nonconforming lot provided that the remedies set forth in this section cannot be complied with; that such use is permitted, and that the regulations of the district in which the lot is located are met and all other regulations are met. (c) Variance for Dwellings on Nonconforming Lots. The Board of Adjustments and Appeals may authorize the issuance of a building permit for a single-family dwelling on a nonconforming lot only after it has been determined that remedies as set forth in this section cannot be complied with and that the regulations for the district in which the lot is located can not be met. The Board may also grant such variances on lot and building requirements in cases of hardships, so as not to create any condition detrimental to the public health, safety, and welfare. Sec Nonconforming projects. Any project made nonconforming by the adoption of these regulations shall be allowed to continue, provided such project is in receipt of an approved building permit, site plan approval, or preliminary plat approval granted prior to the effective date of these regulations and maintains the building permit, site plan approval, or preliminary plat approval in a current status as provided in the former regulations. Sec Nonconforming antenna support structures, replacements and modifications of existing structures. In order to encourage and promote the use of sites which already have existing wireless communication facility (WCF) structures; in order to promote co-location of antennas and to minimize the adverse aesthetic impacts associated with the proliferation of ground mounted towers within the City of Titusville, the owner of any nonconforming WCF may replace, repair, and/or rebuild such WCF in order to accommodate co-located antennas or to improve the structural integrity of the facility to allow the said facility to accommodate

3 co-located antennas or facilities. Modifications to or replacement of existing nonconforming WCF may occur subject to the following conditions: (a) Non-conforming antenna support structures: All antenna support structures legally installed at the time of initial construction, which, because of changes to the Code, no longer conform to the requirements of the Code, shall be considered legally permitted, non-conforming uses regardless of zoning district. Such facilities may be used or repaired and, may be replaced or modified subject to the reason for such act is to accommodate the following: (1) To allow the facility to accommodate co-located antennas or facilities. (2) To prevent the proliferation of WCF's. (3) To improve the structural integrity of the facility to allow the facility to accommodate co-located antennas or facilities. (b) Modification or replacement of existing structures to accommodate co-location: (1) Modification or replacement of existing antenna support structures. An existing antenna support structure may be modified or replaced to accommodate the collocation of antenna(s) as follows: a. The owner of any nonconforming WCF may replace, repair, rebuild and/or expand such WCF in order to allow the facility to accommodate co-located antennas or facilities, so long as such facilities are not increased in height. b. The owner of any nonconforming WCF may replace, repair, rebuild and/or expand such WCF in order to allow the facility to accommodate co-located antennas or facilities, so long as such WCF and accessory structures (i.e. guy wire anchors etc.) are setback a minimum of one hundred (100) feet from the property line. c. A facility which has an existing setback less that one hundred (100) feet shall not decrease their existing setback. If the applicant can document that there are no conceivable possibilities to replace the existing WCF and accessory structures without decreasing the existing setbacks due to the physical limitations of the site, the replacement tower setback may encroach no more that fifteen (15) feet from its present location. Any replacement WCF that is closer than one hundred (100) feet to a residential use and/or zoning shall be required to provide the following screening to the abutting residential zoning and/or uses. 1. The WCF and accessory structures (i.e. guy wire anchor area etc.) shall be required to provide a screening fence around all sides. A minimum six (6) foot chain link fence or masonry wall shall be installed around all sides. A six (6) foot masonry wall shall be required when said screening fence is located within ten (10) feet of the property line and abutting a residential zoning and/or use. 2. Along the outside of the screening fence a landscape buffer shall be required to effectively screen the view of the WCF and accessory structures (i.e. guy wire anchor area, etc.).

4 Screening planting/vegetation shall be required to be planted. This screen planting shall occupy a minimum five (5) foot wide area around the facility. Type of planting material is to be approved by the city's landscape inspector. This vegetative screening shall, at a minimum, consist of the following. a) A row of shade trees a minimum of eight (8) feet tall at planting and a maximum of fifteen (15) feet apart (i.e. fifteen (15) feet on center) or as required by the city landscape inspector. b) A continuous hedge at least twenty-four (24) inches in height at planting and capable of growing to a least thirty-six (36) inches in height in eighteen (18) months. c) All landscaping shall be of the evergreen variety. d) All landscaping shall be xeriscape tolerate or irrigated and properly maintained to ensure good health and viability. 3. No existing trees/vegetation shall be removed unless the applicant can document that there is no conceivable way to replace the existing WCF without the removal of said trees/vegetation. 4. The above noted screening requirements shall apply to all replacement WCF and accessory structures (i.e. guy wire anchor area, etc.) with a setback less than one hundred (100) feet, including situation where the exiting setbacks area not being decreased. d. Antenna support structures which, when modified or replaced, will conform to the requirements of the Code, may be modified or relocated on the same parcel in accordance with the requirements of the Code; and e. After the new/replacement antenna support structure is erected, as provided herein, the existing antenna support structure shall be removed within ninety (90) days after the replacement support structure obtains a certificate of occupancy/completion from the City of Titusville. f. An antenna support structure, which is modified or replaced to accommodate the co-location of additional antenna(s), shall be either of the same type as the existing antenna support structure or a monopole. 1. Utilization of existing structures, other than antenna support structures. An existing structure, other than an antenna support structure, may be modified or replaced to accommodate both its prior function and antenna(s) as follows:

5 a) Such existing structures which, when modified or replaced, shall conform to the requirements of the Code for antenna support structures and shall meet all zoning requirements, may be modified or relocated in accordance to the requirements of the Code. b) The modified or relocated structure shall comply with all applicable FCC and FAA regulations and applicable building codes. c) Nonconforming WCFs may continue in use for the purpose now used, but may not be expanded without complying with this section. d) Nonconforming WCFs may add additional antennas (belonging to the same carrier or other carriers) subject to administrative review. e) Nonconforming WCFs which are hereafter damaged or destroyed due to any reason or cause may be repaired and restored to their former use, location and physical dimensions subject to obtaining a building permit within ninety (90) days after said damage occurred. (Ord. No , 1, ) Sec Nonconforming structure Metal carports. Existing nonconforming free standing carport structures that were existing on the effective date of this regulation (11/9/04) shall be inspected to determine compliance or non compliance with applicable setbacks and building code. These structures shall be permitted and shall be allowed to remain if they: 1. do not encroach into the public right of way; and 2. do not cause visual obstruction in the sight/vision triangle at road intersections; and 3. obtain a building permit and pay the applicable permit fees by 3/1/05; and may be maintained and repaired except as provided in LDR Sections and The existing metal carports not meeting the above criteria shall be subject to code enforcement action. All new carports shall comply with the existing zoning setbacks for accessory structures and building permits shall be required prior to construction. There shall be no more than one metal carport allowed on any lot for new carports authorized by the City. (Ord. No , 1, ) Secs Reserved.