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

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 I of the year in which the damage occurred. B. Replacement, restoration, and reconstruction shall be permissible only in compliance Variations fnmm standards flag 3 - 4 Packst Pg: 217 ?.  F13 .1. b fort }tstnm 11' x' 1, t, and with building, plumbing, electrical, gas, mechanical, fire, and other construction and life safety regulations in effect at the time of application for a local development 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 local development 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 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 local development 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 following standards: 1. The proposed modification of the structure shall be reviewed by the Beard -e€ AdjustmenE Local Planning Agencv. 2. Any modification of the structure shall not increase the extent of the nonconformity; 3. Any modification of the structure shall comply with the standards set forth in this LDC; 4. A modification shall not be permissible when off -street parking and loading required for the modification cannot be provided; 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 the addition or improvement of access, driveways, sidewalks, drainage, and landscaping, in compliance with the requirements of this LDC. C. A lot or site which is a detrimental nonconformity may be modified, subject to the following standards: X ariatioru hont Standards Nags B -±  F13 .1. b I m V, aloe. I. The proposed modification of the lot or site shall be reviewed by the Board e Adjustment Local Planning Agency. 2 Additional or modified structures or other site features shall be permissible only where such additions or modifications improve the degree of conformity or provide for the public safety; 3. The addition or modification of structures or other site features shall not increase the extent of the nonconformity; 4. The addition or modification of structures or other site features shall maintain or improve compatibility of the site with the neighborhood in which it is located; 5. As a condition of approval of applications to add or modify structures or other site features, the applicant may be required to demonstrate that the site is designed in compliance with the requirements of this LDC with regard to access, sidewalks, drainage, and landscaping. 8. 01. 08 Specific Requirements for Lots of Record When an individual lot or parcel has an area smaller than the requirements of the zoning district in which it is located, but was a lot or parcel of record on August 28, 1960, the permitted uses of the zoning district shall be allowed on such lot or parcel, provided all requirements, other than minimum lot area, depth, or width, are maintained. 8. 02. 00 VARIANCES 8. 02. 01 Generally A. Purpose The purpose of a variance is to provide a means to grant permission to depart from the standards of the zoning district where unique characteristics of a parcel together with the imposition of the specific regulations of the zoning district result in a hardship. B. Variances granted prior to adoption of this LDC 1. Any variance granted before the date of adoption of this LDC shall remain in full force and effect, including any conditions of that variance, except as set forth in Section 8. 02. 0l. B( 2) and ( 3). 2. Property for which a variance was granted prior to the adoption of this LDC may be developed in accordance with the plans previously approved. Where construction or development does not commence prior to the expiration of the variance, the variance shall have no further force and effect and the provisions of this LDC shall apply to development and use of the property. 3. Where a variance does not contain an expiration date, and a building permit application has not been submitted for the development for which the variance was granted, such variance shall expire twelve ( 12) months after the effective date of the order granting the variance. Upon expiration, the variance shall have no further force and effect and the provisions of this LDC shall apply to development and use of the property. 8. 02.02 Required Findings for a Grant of Variance A. In order for an application for a variance to be approved or approved with conditions, the Local Planning Agency ( LPA) shall make a positive N anadons trom Slandante Paec 8- 6  F13 .1. b P AA a 1 R M Land N"' D meat Cod, finding, based on the evidence submitted, for each of the following provisions: 1. The need for the proposed variance is due to the unusual or unique physical shape, configuration, or other physical condition of the development site. These special conditions are not generally applicable to other lands, structures, or buildings in the same zoning district; 2. The literal interpretation and application of the provisions of this LDC would deprive the property owner of property rights commonly enjoyed by other properties in the same zoning district, resulting in an undue hardship; 3. The special conditions are not the result of actions of the property owner and are not based solely on a desire to reduce development costs; 4. Approval of the proposed variance shall not provide to the property any special privilege that is denied to other development sites within the same zoning district; 5. The proposed variance is the minimum variance that results in reasonable use of the land, building, or structure; 6. Approval of the proposed variance shall ensure compatibility of the resulting development with the uses of land and character of the adjacent and surrounding neighborhood; 7. The proposed variance is consistent with the intents and purposes of the requirements of this LDC; 8. The proposed variance is consistent with the provisions of the Comprehensive Plan; and 9. The proposed variance is not detrimental to the health, safety, or general welfare