Fort Walton Beach Ordinance — 1877--dissolves boa — reading text

Applicability 8-8 8. 03. 02 Notice of Intent to File an Appeal of an Administrative Decision 8-9 8. 03. 03 Filing an Appeal of an Administrative Decision 8 -9 8 -9 8. 03. 04 Stay of Work 8. 03. 05 Procedures for Consideration of an Appeal of an Administrative 8 -9 Decision 8. 03. 06 Appeal of newt Local Planning Agency Decisions 8 - 10 8. 04. 00 ADMINISTRATIVE WAIVERS 8 - 10 8 - 10 8. 04.01 Generally 8. 04. 02 Standards 8 - 10 8. 04.03 Procedures for Administrative Waivers 8 - 11 Variations from 1Lmdnrds Pagc 8 - 1 Pack$,. 274  F13 .1. 6 I' I w t. Reath land Dcudopnmul ( ode 8. 00. 00 GENERALLY The purpose of this chapter is to provide mechanisms for obtaining relief from the provisions of this LDC where hardship would otherwise occur. There are several ways that potential relief from hardship is addressed: potential relief through requirements regarding the use of and changes to nonconforming development; potential relief through the grant of a variance from the site development standards of this LDC; potential relief when an administrative decision is appealed; and potential relief when an administrative waiver is granted to modify certain site development standards of this LDC. 8. 00. 01 Waiver of Standards Pertaining to Metal Buildings The Peffd of Adjestusen Local Planning Aeencv may approve a waiver of standards pertaining to metal building, provided the following standards are met: A. The proposed metal building shall be consistent with the character of the neighborhood within 500 feet of the site of the metal building. B. The metal building shall be designed to ensure compatibility with development in the zoning district in which it is proposed. C. The metal building and the site on which it is proposed are designed to minimize potential detrimental impacts on properties within 500 feet of the development site. The determination that potential detrimental impacts are minimized shall be based on the following: 1. Proposed architectural design of the metal building; 2. Proposed placement of the metal building on the site and the relationship to open space on the site; 3. Proposed fencing and screening; and 4. Proposed landscaping. 8. 01. 00 NONCONFORMING SITUATIONS 8. 01. 01 Generally A. Purpose m It is the purpose of this section to address the continuation and potential modification a of uses, structures, lots, and site features that meet the following conditions: v 1. A use, structure, lot, or site feature that was lawfully established and in ` v compliance with regulations applicable to the use, structure, lot, or site feature at aE the time of establishment of such use, structure, lot, or site feature; and ;< 2. Such use, structure, lot, or site feature does not comply with the regulations set forth in this LDC. This situation is called a nonconformity. o. B. It is the intent of the City to: 1. Establish two ( 2) types of nonconformities: benign and detrimental; 2. Allow continuation of nonconformities until such nonconformities are abandoned; av 3. Allow change of use of specified nonconformities; r 4. Allow modifications to specified nonconformities; and A 5. Eliminate or reduce detrimental nonconformities. a C. It is further the intent of the City that the casual, intermittent, temporary, or illegal use 4 an, omns hom Standards Pagc8 -'_ PBCkdt P9. 215.  13. 1. b I u "Y wA lo.. nea<h Lund Oeidapment (' nde of land, water, buildings, structures, characteristics of use, or any such use in combination shall not be sufficient to establish the existence of a nonconforming use to create rights in the continuance of such use. D. Maintenance Normal and customary maintenance or repair of nonconforming lots, sites, and structures shall be allowed, provided that such maintenance or repair does not otherwise increase the extent of the nonconformity. Maintenance or repair shall be performed only to ensure safety and to prevent a nuisance. E. Relocation of nonconforming buildings or structures A nonconforming structure shall not be moved, in whole or in part, to another location within the City, unless the lot, site, and resulting structure placement conforms in all respects to the standards and requirements of this LDC. 8. 01. 02 Types of Nonconformities A. Benign nonconformities 1. A benign nonconformity exists when the degree of nonconformity does not result in a harmful or unsafe condition. A negative impact on public safety or health is not expected to occur due to the continuation or modification of a benign nonconformity. 2. Only 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 follows: 1. The nonconformity is declared to be unsafe or unlawful. 2. The nonconformity is declared to be a public nuisance. B. A detrimental nonconformity which is discontinued for a period of 180 consecutive Nari, IHons ' om Standards Page 8- J Packet P9' 04'  13. 1. b h,, i V Aoa 73cac1, I. nnd days shall be considered abandoned. 1. Such nonconformity shall not thereafter be reinstated. 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 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 evidence of the discontinuance of a nonconformity. 4. If the reason for discontinuance is the documented action by a governmental agency, the time of delay caused by the governmental agency shall not be calculated as part of the period of discontinuance. 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 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