by SC Reporter Emilie Alfino
The Planning Commission at its June 10, 2025, meeting approved a Resolution to recommend that City Council extend the deadlines to re-establish nonconforming uses and structures.
The recommended ordinance would extend the deadline from 36 months to four years for re-establishing a nonconforming use or nonconforming structure following a natural disaster. Prior to Hurricane Ian, the deadline for re-establishing a nonconforming use post-disaster was 12 months from the date of the disaster. That had been extended previously to 36 months, while the proposed change would extend the deadline to four years, only if the state of local emergency exists beyond 12 months, which it does.
The city has extended the state of local emergency weekly via mayoral proclamation continuously since Hurricane Ian. Hurricane Helene was added following its impacts on September 26, 2024, and Hurricane Milton was added following its impacts on October 9, 2024.
A nonconforming use is defined as “a lawfully established use located in a zone district restricted against such use.” Examples of nonconforming uses because they are commercial uses not in a commercial district are:
• VIP Cottage (formerly), 2000 Periwinkle Way
• John Gee Realty, 2807 West Gulf Drive
• Sandbar Restaurant, 2761 West Gulf Drive
A nonconforming structure means “a lawfully constructed building or structure which does not conform to the requirements for such structure in the zone district in which it is located” including required setbacks, permitted impermeable surface coverage, developed area, residential density, or commercial floor area.
Many commercial buildings constructed prior to incorporation of the city are nonconforming structures. Examples include:
• Chevron Station, 1067 Bailey Road
• Lazy Flamingo (East End), 1036 Periwinkle Way
• Duplexes not in conformance with density, various locations
The Resolution was passed unanimously, with Commissioner Kate Sergeant excused. It now goes to City Council.
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