Fort Walton Beach Ordinance — 1861--Adoption of the 2012 Land Development Code — reading text

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. I. 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 nriationti 1rom5land, ni, Page - 3 Fort R' alton Ikaoh Land 1)... I n¢ w Code 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 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 va" Aionsrturn tiL' nd., rdz Pagr8 - 4 I'' nI NAAion IScae6 I and Dec ... w (' ode 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; 1. 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 Board of Adjustment. 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: N print wn, from 5hustards Pug, S - Port Rshun B'." I. l awl 0c, clopment Colic 1. The proposed modification of the lot or site shall be reviewed by the Board of Adjustment. 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,