1. Zoning Nonconformities

By: Michelle Heinrich, AICP Senior Planner

What is a zoning nonconformity? 
A zoning nonconformity is basically a use, structure, lot or characteristic that does not meet the current zoning requirements. Another common term is “grandfathering.”  Some examples would be a commercial business in a residential zoning district, a shopping center with deficient parking, or a lot size or lot width that’s too small under today’s requirements. 

Zoning and land development regulations have existed in Hillsborough County since the 1950’s. Some areas of the County have been zoned since that time; while other parts weren’t zoned until the 1970’s.  Understandably, regulations and zoning districts have been amended and added since the start of zoning.  If a use, structure, lot or characteristic under today’s Land Development Code isn’t permitted by the zoning, but was legally established either when the zoning at the time of establishment permitted it or before zoning or the specific requirement existed on the property, it has the potential of being classified as legally nonconforming.  It should be noted that just because a nonconformity has existed for many years does not automatically mean it is legally nonconforming.  Such a determination can only be made by staff after review of the site’s zoning history and regulations in effect at that time. 

What is the review process? 
Applicants should submit any and all information they want used in their review.  Information can include, but not be limited to, aerial photographs, tax records, pictures, affidavits, property history cards and previous permits.  This is an administrative review; no hearing is conducted with a land use hearing officer or the Board of County Commissioners.  For certain reviews, staff will notify adjacent property owners to advise them of the application and solicit any information they may wish to provide.  Once the determination is made, the decision is final and can only be changed by using the appeal process.  If an application results in finding the nonconformity to not be legal, code enforcement action will be taken to resolve the violation.  Applicants also have an appeal process available to them.  An appeal must demonstrate to the hearing officer that staff made an error; it is not a new review of the information and is limited to information used in the original review.

Do nonconformities last forever?
Legal nonconformities are permitted to continue until they are voluntarily removed or eventually brought into compliance.  The Land Development Code outlines when a nonconformity is to come into compliance due to cessation of use, deterioration, or repair needs.  Nonconformities cannot be intensified, enlarged or expanded unless approved by the Board of County Commissioners.

More Information on Planning & Zoning
Nonconformity Application Information and Applications

2. Permits Plus Update

Here are two updates from the Building Services Division that have taken effect this month:

Effective July 1, 2010, the new fee for temporary sign permits is $47.  This change is a result of a recent County Commission action on June 16 that reduced the fee from $180 to provide economic assistance to Hillsborough County businesses.

Effective July 6, 2010, Solar Piping Permit (SPP) composition will take effect. Only Plumbing Contractors and Solar Contractors can pull this type of permit. Two inspections are required for SPP, 499 (plumbing final) and 199 (building final).

• Plan Review/Administrative Fees - $51.00, if applicable
• Number of inspections - 2 at $77.00 each (1 for building and 1 for plumbing)
• NOC if required - $5.00

For more information, contact the Building Services Division at (813) 272-5600.