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

DIVISION 1. GENERALL Y, 6 SECTION 20- 301. DEFINITIONS, TO DELETE THE DEFINITION FOR 7 NONCONFORMING USE, AMEND THE DEFINITION FOR LOT OF RECORD, 8 AND ADD DEFINITIONS FOR CHARACTERISTICS OF USE AND 9 NONCONFORMITY; AND AMENDING DIVISION 2. ADMINISTRATION AND 10 ENFORCEMENT, SUBDIVISION III. NONCONFORMING USES BY 11 REPEALING DIVISION 2. ADMINISTRATION AND ENFORCEMENT, 12 SUBDIVISION III. NONCONFORMING USES; ADOPTING A NEW 13 SUBDIVISION III. NONCONFORMITIES; PROVIDING FOR REPEAL OF 14 CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; AND 15 PROVIDING FOR AN EFFECTIVE DATE. 16 17 BE IT ORDAINED BY THE CITY COUNCIL OF' THE CITY OF FORt WALTON 18 BEACH, FLORIDA, AS FOLLOWS: 19 20 SECTION I.Authority. The authority for enactment of this ordinance is pursuant 21 to the powers for the City of Fort Walton Beach provided in Section 2 of the City 22 Charter. 23 24 SECTION II. Chapter 20. Land Development Code, Article III.Zoning, 25 Division 1. Generally, Section 20- 301. Definitions. 26 27 Chapter 20. Land Development Code, Article III. Zoning, Division 1. 28 Generally, Section 20-301. Definitions, is hereby amended to read as 29 follows: 30 31 " Characteristics of use" shall mean such reQuirements as off-street 32 parking or 10adinQ spaces. density or intensity. landscapina reQuirements. 33 lot coveraae reQuirements. and other reQuirements for development 34 specified by the LDC which are considered to be synonymous with and 35 part of the uses and structures that are allowed within a zoninQ district. 36 37 " Lot of record" shall mean ill a lot which is part of a subdivision, the map 38 orplat of which has been recorded in the office of the clerk of the circuit 39 court of the county, .or (2) a lot or parcel described by metes and bounds, 40 the description of which has been so recorded on or before the effective 41 date of these zonina reaulations or of prior zoninQ and subdivision 42 reQutations aoverninQ the creation of lots. 43 44 " Nonconforming use" Sh311 mean a building or the use of a building, or 45 land, that does not conform to the regulations of the use district in ' Nhich it 46 is located. August 28, 1960. Draft 2- 6- 04 Page 1 of 8 fg 5 17 48 Nonconformity" shall mean a lot. structure. use of land. water and 49 structures. characteristics of use. or any combination thereof. which was 50 lawful at the time the lot. structure. or use of land or water. or any 51 combination thereof. was developed. but which would be prohibited under. 52 the terms of Article III or future amendments to Article HI. 53 54 SECTION III. Chapter 20. Land Development Code, Article III. Zoning, 55 Division 2. Administration and enforcement, Subdivision III. 56 Nonconforming uses. 57 58 Chapter 20. Land Development Code, Article III. Zoning, Division 2. 59 Administration and enforcement, Subdivision III. Nonconforming uses. 60 a copy of which is attached and incorporated hereto, is hereby repealed. 61 62 SECTION IV. Adoption of Chapter 20. Land Development Code, Article III. 63 Zoning, Division 2. Administration and enforcement, Subdivision III. 64 Nonconformities. 65 66 Chapter 20. Land Development Code, Article III. Zoning, Division 2. 67 Administration and enforcement, Subdivision III. Nonconformities, is 68 hereby adopted as follows: 69 70 Subdivision Nonconformities. III.. 71 72 Purpose and Intent. 73 74 Within the districts established by this article and amendments that may 75 later be adopted. there exist lots. structures, uses of land or water and 76 structures. and/ or characteristics of use which Would be prohibited. 77 reaulated or restricted under the terms of this article or.future 78 amendments. 79 80 It is the intent of this subdivision to permit these nonconformities to 81 continue until they are voluntarily removed or removed as required by 82 these reaulations. but not to encouraae their continuation. It is further the 83 intent of this subdivision. except as otherwise provided herein. that 84 nonconformities shall not be enlaraed upon. expanded. intensified. or 85 extended. nor be used as arounds for addina other structures or uses 86 prohibited elsewhere in the same. district. The provisions in this 87 subdivision are desianed to curtail substantial investment in 88 non conformities to preserve the intearity of the City' s Land Development J 89 Cade and to be consistent with Goals. Obiectives and Policies of the City' s 90 Comprehensive Plan. 91 92 Section 20-361. Generally. Draft 2- 6- 04 Page 2 of 8  93 4( 1) Determination of nonconformity. The Director of the Community 95 Development Services Department. or his/ her designated 96 representative. shall determine in a particular instance when 97 there is a nonconformino lot. structure, use of land or water and 98 structures. and/ or characteristics of use and in doing so may make 99 use of any affidavits and investiaations necessary to make such 100 determination. in addition to any official record of the City. Pursuant 101 to Section 20- 342. if it is alleged that there is an error in an order, 102 reQuirement. decision or determination made by an administrative 103 official. then proper recoursa is to appeal the administrative 104 determination to the Board of Adjustment. 105 106 Section 20- 362. Nonconforming lots of record. 107 108 ( a) In any district in which sinqle-family detached dwellinos are permitted, 109 a single-family detached dwelling and customary accessory buildinas may 110 ba erected on a single lot or parcel of land owned as a separate unit as 111 shown of record on August 28, 1960. notwithstanding limitations imposed 112 bv other provisions of this subsection. Such lot must be in separate 113 ownership and not be of continuous frontaae with other lots in the same 114 ownership. This provision shall apply even thouah such lot or parcel fails 115 to meet the requirements for area, width, or density that are applicable in 16 the zoning district in which the lot or parcel is located. provided however. 117 that minimum required yards and district reQuirements other than those 118 reaulations applying to area or width, shall conform to the regulations 119 for the zoning district in which the lot or parcel is located. 120 121 ( bUf two ( 2) or more lots or parcels. or combination of lots or parcels, or 122 portions of lots or parcels with continuous frontage and single ownership 123 were of record on Auaust 28. 1960. and if all or part of the lots or parcels 124 do not meet the district requirements established for lot area. dapth and/ or 125 width, the lots or parcels involved shall be considered to be an undivided 126 parcel for the purposes of this subsection. and no. portion of such lots or 127 parcels shall be used or sold in a manner which diminishes the degree of 128 compliance with lot area or width requirements establ.ished by this article! 129 nor shall any division of any lot or parcel be allowed which creates a lot 130 that has an area. depth or width less than the requirements stated in this 131 article. 132 133 ( 1) When two ( 2) or more adioining and vacant lots or parcels with 134 contiguous frontage or area were under the same ownership on or 135 after August 28. .1960. such lots or parcels shall be considered as 136 one tract so as to create one or more lots or parcels which conform 137 to the minimum frontaae. area and density requirements of the 138 district in which they are located, and as further provided for herein. Draft 2- 6- 04 Page 3 of 8 19 0 2) When an individual lot or parcel has an area smaller than the 141 requirements of the district in which it is located. but was a lot or 142 parcel of record on AUQust 28. 1960 the permitted uses of the 143 zoninQ district will be allowed on such lot or parcel. providinQ all 144 requirements. other than minimum lot area. depth or width are 145 maintained. 146 147 Section 20- 363. Nonconforf1! inQ uses of land or water. 148 149 Nonconforming uses of land and water are declared Qenerally 150 incompatible with the Comprehensive Plan and the Land Development 151 Code. 152 153 a) Normal maintenance. 154 155 Normal maintenance or repair of structures where nonconforminQ uses are located may be performed. provided that the. cubical content of the. 156 structure existinQ after the date the structure became nonconformina shall 157 158 not be increased except pursuant to the standards in this section. 159 160 b) Enlargement or expansion. 161 62 A nonconformina use may not be enlarqed or expanded in land or water 163