Fort Walton Beach Council agenda — 03-09-2004 — reading text

area occupied, exce~ t a nonconforminQ use may be enlaroed within any 164 structure that is manifestlv desiQned and approved for such use. prior to 165 the date the use became nonconforminQ. 166 167 c) Relocation. 168 169 If a structure containinQ a nonconformina use is moved. in whole or in 170 part. the nonconformina use shall be considered abandoned. Any future 171 use of the property must in conformity with the zoning district in which it is 172 located. 173 174 d) Change in use. 175 176 Unless ,abandoned. as defined in paraaraph (f) below. a nbnconformina use may be chanaed to a less intense nonconforming use. or to a new use 177 178 that conforms to the provisions of this article for the district in which the 179 use is located provided that no structural alterations are made. 180 181 e) Change of ownership or tenancy. 182 183 All rights and obliaations associated with a nonconformina use of land or 84 water run with the ownership of the land or water and are not personal to Draft 2-6~04 Page 4 of 8  1J5 the present owner or tenant of the nonconforminQ use of land or water and 86 are not affected by a chanQe in ownership or tenancy. except if 187 abandoned. 188 189 Discontinuance or abandonment. f) 190 191 1) Any nonconforming use that is discontinued for a period of one- 192 hundred eighty ( 180) consecutive days shall be considered 193 abandoned and shall not'thereafter be reinstated. and subsequent 194 use of such land/ building shall be in COnformity with these 195 regulations. Theremoval of buildings. structures. eauiQrtlent or 196 o.ther aspects of such nonconforminQ use: the absence of water 197 utility service osit or account: or absence of a current del;> 198 occupational or business license. shall be deemed to be prima facie 199 evidence of the discontinuance or abandonment of the 200 nonconforming use. 201 202 2) If the reason for discontinuance of a nonconforming use is the 203 documented action by a governmental agency. the time of delay 204 caused by the governmental agency shall not be calculated as part . 205 of the period of discontinuance or abandonment. 206 07 g) Unsafe because of maintenance. lOB 209 If a building or structure or portion thereof containing a nonconforming use 210 is declared unsafe or unlawful by the City' s Building Official due to a lack 211 of repair or mainten'ance. and therefore is deemed a public nuisance. it 212 shall thereafter be rebuilt and repaired in conformance with the standards 213 of the Land Development Code. However. if the building or structure or 214 portion thereof housing the nonconforming use is demolished then the 215 nonconforming use is considered abandoned. Anv future use of the 216 property must in conformity with the zoning district in which it is located. 217 218 Section 20- 364. Nonconforming buildings or ~tructures: 219 220 Where a lawful building or structure exists at the effective date or 221 amendment of this article. and the buildina or structure could not be built 222 under the terms of this article by reason of restrictions on area. lot 223 CQveraQe. height. yards. locations on the lot. or other property 224 development standards or reQui~ements concernina the building or 225 structure. such buildina or structure. except as otherwise specifically 226 provided, may be continued $ 0 long as it remains otherwise lawful. 227 subiect to the following provisions: 228 229 a) Normal maintenance. 230 Draft 2-6- 04 Page 5 of 8  31 Normal maintenance or repair to permit continuation of a nonconformina J2 buildina or structure may be qeriormed. provided that the nonconformity 233 shall not be increased. 234 235 b) Enlarq~ ment or expansion. 236 237 A nonconforminQ buildino or structure shall not be enlaraed or expanded 238 in floor area occupied prior to the date the buildino or structure became 239 nonconformity. except pursuant to Section 20- 367. 240 241 c) Relocation. 242 243 A nonconformina buildino or structure shall not be moved. in whole or in 244 part. to another location within the City. unless it conforms to the 245 standards and the requirements of the zonina district in which it is to be 246 moved. 247 248 d) Damaae and restoration of nonconformino buildina or structure. 249 250 1) In the event that any nonconformino buildina or structure is 251 destroyed by any means. includina fire. flood. wind. explosion. or 252 other act of God. or act of the public enemy to an extent of less 253 than fifty percent ( 50%) of the total assessed value of the buildina 54 or structur~. such buildina or structure shall be permitted to be 255 replaced. restored. or reconstructed accordina to the development 256 standards in effect at the time of oriainal construction. The 257 assessed value shall be determined to be the most recent taxable 258 value shown for the buildina or structures as determined bY the st Okaloosa County Property Appraiser on January 1 of the year in 259 260 wnlcn me aamaoe occurred. 261 262 2) Replacement. restoration and reconstruction Can only occur in 263 compliance with those buildina. Dlumbina. electrical. aas. 264 mechanical. fire and other construction and life safety reaulations in 265 effect at the time of application for a permit to allow replacement, 266 restoration or reconstruction. 267 268 3) Permits issued for replacement. restoration or reconstruction 269 must be issued a certificate of occupancy within twelve ( 12) months 270 of the date the damaae occurred. 271 272 e) Unsafe because of maintenance. 273 274 If a nonconformina buildino or structure. or portion thereof becomes 275 physically unsafe or unlawful due to the lack of repairs or maintenance. 276 and is declared by the City' s Buildino Official to be an unsafe buildiria or Draft 2- 6- 04 Page 6 of 8  22 ( c) Excessive vehicular traffic is not Qenerated on residential 23 streets. 324 325 ( d) An automobile parkinQ or traffic problem is not created. 326 327 ( 8) Appropriate drives walks and buffers are installed. 328 329 If such assurances are not possible. the requested expansion. 330 enlarQement or chanQe shall be denied. 331 332 333 SECTION V. Repeal of Conflicting Provisions. 334 335 In the event any ordinance or parts of ordinances are in conflict herewith, 336 the provisions of this ordinance herein shall prevail. 337 338 SECTION VI. Severability. 339 340 Should any section or provision of this ordinance. or any portion thereof, be 341 declared by a court of competent jurisdiction to be invalid, such decision 342 shall not affect the validity of the remainder. as a whole or any part hereof, 343 other than the part declared to be invalid. 344 345 SECTION VII. Effactive Date. 46 347 This Ordinance shall take effect immediately upon approval by City 348 Council and the signature of the Mayor. 349 350 351 ADOPTED: 352 353 MAYOR: 354 355 356 ATTEST: 357 358 359 360 Helen Spencer, City Clerk 361 362 Approved as to form and legal 363 sufficiency. 364 365 366 367 Toni Craig Teal, City Attorney 368 369 Additions are underlined; deletions are stricken. Draft 2- 6- 04 Page 8 of 8  ATTACHMENT TO ORDINANCE 1576 20- 363 suant to the Subdivision III. Nonconforming Uses Sec. 20-361. Uses of buildings. The lawfi,ll use of '8. building existing at the time of th~ adoption of this artiCle' may'.be continued, although, such use does riot conform to this article, and such use may be extended throughout the building, provIded that no' stru~tural alteration, except such as.' maybe required by law or ordln~ ce; 'or ordered by an authorize. d officer' to ensure the safety of the bUilding, i~made therein. No such\,: se, shall, be extended to occupy land outside s~ ch any.. bUilding. If such nonconforming l;mildiIlg is removed or the noncoriforming use of such bUilding is discontinued for a continuous period of not less than 180 days, ~ very future use of such premises shall be in conformity with this article. Code 1985, ~ 1288. 01; Ord. No. 826, 5- 28- 85) Sec. 20- 362. Uses of land. The lawful use, of land existing at the tiIne of the adoption of this article may be continued, although such use does not conform to this article. However, no such nonconforming use shall be extended to occupy a greater area 'of1and t.han that occupied by such use at the