Fort Walton Beach Council agenda — 01-24-12 special ldc — reading text

Paax8 - 2 1) ccem 0cr 15. 2011 Packet Pg:, Sfi  3. 11a i' art NN' aiton Bead. IIAAI. land1)... nmentCud, nonconformity. 2. The following situations shall be considered benign nonconformities: a. An encroachment into a required setback of less than ten ( 10) percent. b. A lot area which is less than the minimum required by not more than ten ( 10) percent. c. A lot width which is less than the minimum required by not more than ten 10) percent. d. A building height which is more than the maximum allowed by not more than ten ( 10) percent. e. A front yard setback that fails to comply with the standards in this LDC due to road widening. f Provision of off -street parking that contains up to ten ( 10) percent fewer spaces than required by this LDC. g. Impervious surface coverage in excess of maximum allowed. B. Detrimental nonconformities 1. Any use of land or structure that does not comply with the uses permissible in the applicable zoning district, as set forth in Chapter 2, shall be considered to be a detrimental nonconformity. 2. Any nonconformity of a structure or site that is not identified as a benign nonconformity in Section 8. 01, 02. A shall be considered to be a detrimental nonconformity. 8.01. 03 Continuation of Nonconformities A. A benign or detrimental nonconformity shall be allowed to continue except as m follows: 1. The nonconformity is declared to be unsafe or unlawful. n 2. The nonconformity is declared to be a public nuisance. B. A detrimental nonconformity which is discontinued for a period of 180 consecutive days shall be considered abandoned. 1. Such nonconformity shall not thereafter be reinstated. m 2. Any subsequent occupancy of such nonconformity shall be permissible only when such nonconformity has been brought into compliance with the requirements of this LDC. 3. The removal of buildings, structures, equipment, or other aspects of such A2 nonconforming use; the absence of a water utility service deposit or account; or the absence of a current business tax receipt shall be deemed to be prima facie u e evidence of the discontinuance of a nonconformity. 4. If the reason for discontinuance is the documented action by a governmental E agency, the time of delay caused by the governmental agency shall not be m calculated as part of the period of discontinuance. a C. A benign nonconformity may be discontinued for any period of time and shall not be considered abandoned. 8. 01. 04 Change of Use A. All rights and obligations associated with a nonconformity shall run with the ownership of the land or water, are not personal to the present owner or tenant of the V nations rrwn Standard. Poq, 8 - I Memnber 1S. 21111 PackeY,Pg: 15]  3. 1. a Fml N At Hach IIS" Ladd I) evolo pme at Code nonconforming use of land or water, and are not affected by a change in ownership or tenancy, except if abandoned. B. Benign nonconformities A land use carried out in or on a lot, site, or structure that has been identified as a benign nonconformity may be changed to any use permissible in the zoning district in which it is located, subject to the requirements set forth in Section 2. 03. 04. The nonconformities are not required to be modified for compliance with the standards of this LDC. C. Detrimental nonconformities The use of a lot, site, or structure identified as a detrimental nonconformity may be changed, provided the following standards are met: 1. The new use is less intense than the existing use. Intensity shall be determined by impervious surface coverage and either density for residential uses or the floor area ratio for nonresidential uses; or 2. The new use complies with the requirements of this LDC. 8. 01. 05 Damage and Restoration of Nonconforming Buildings or Structures A. In the event that any nonconforming building or structure is damaged by any means, including fire, flood, wind, explosion, or other act of God, or act of the public enemy, to an extent of less than fifty (50) percent of the total assessed value of the building or structure, such building or structure shall be permitted to be replaced, restored, or reconstructed according to the development standards in effect at the time of original construction. The assessed value shall be determined by an independent appraisal establishing value on the date of the damage event. Where an independent appraisal is not provided, the assessed value shall be the most recent taxable value shown for the structure as determined by the Okaloosa County Property Appraiser on January 1 of the year in which the damage occurred. B. Replacement, restoration, and reconstruction shall be permissible only in compliance with building, plumbing, electrical, gas, mechanical, fire, and other construction and life safety regulations in effect at the time of application for a permit to allow such replacement, restoration, or reconstruction. C. Permits for replacement, restoration, or reconstruction shall not be issued after twenty- four (24) months have elapsed since the damage event. 8. 01. 06 Expansion or Modification of Benign Nonconformities A. A structure which is a benign nonconformity may be modified or expanded, subject to the following standards: 1. Any addition or expansion of the structure shall comply with the standards applicable to the zoning district as set forth in this LDC; 2. Any addition or expansion of the structure shall not increase the extent of the nonconformity; and 3. Any addition or expansion of a structure shall comply with all permit requirements as set forth in Chapter 9. B. A lot or site which is a benign nonconformity may be modified, subject to the following standards-; L Any additional structures or site features shall comply with the standards set forth l a "rla. inm Iron.. Coach rd. 1' agr N - 4 Iheem ber I S. 2011 Packet Pg. 158  3. 1. a 1111 AI Land I)", 1' n V mcnt Cud, I I 1A It n I in this LDC; 2. The addition of structures or site features shall not increase the extent of the nonconformity; and 3. The addition of structures or site features shall comply with all permit requirements as set forth in Chapter 9. 8.01. 07 Expansion or Modification of Detrimental Nonconformities A. A structure which is a detrimental nonconformity shall not be expanded. B. A structure which is a detrimental nonconformity may be modified, subject to the o following standards: IX 1. The proposed modification of the structure shall be reviewed by the Board of a Adjustment. o 2. Any modification of the structure shall not increase the extent of the nonconformity; m 3. Any modification of the structure shall comply with the standards set forth in this n LDC; 4. A modification shall not be permissible when off -street parking and loading v required for the modification cannot be provided; a 5. When a modification is to allow or accommodate a change of use, the use shall be in compliance with the use requirements of the zoning district as set forth in Chapter 2; 6. The modification of the structure shall maintain or improve compatibility of the structure with the neighborhood in which it is located; and 7. Approval of modifications to nonconforming structures shall be conditioned upon o the addition or improvement of access, driveways, sidewalks, drainage, and landscaping, in compliance with the requirements of this LDC. n C A lot or site which is a detrimental nonconformity may be modified, subject to the