§ 78-10.1. Governmental right-of-way takings.

If as a result of a governmental taking, either by the city or by another governmental or public agency, by condemnation or negotiation, existing structures, lots, use areas or other permitted uses would, but for this section, become non-compliant or further non-compliant with provisions of section 78-10 of the city Code, the following provisions shall apply:

(1)

Purpose/applicability.

a.

The intent of this section is to legalize nonconforming with provisions of section 78-10 of the city Code, resulting through the lawful use of eminent domain, an order of a court of competent jurisdiction, or the voluntary dedication of property.

b.

The term "legal nonconformity" or "legal nonconforming" shall refer to a noncompliance with applicable provisions of section 78-10 of the city Code resulting from the lawful use of eminent domain, an order of a court of competent jurisdiction, or the voluntary dedication of property.

c.

The term "legal nonconforming" shall refer to a use, building, improvement, or lot that is rendered noncompliant with applicable provisions of section 78-10 of the city Code, through the lawful use of eminent domain, an order of a court of competent jurisdiction, or the voluntary dedication of property.

d.

For purposes of this section, the term "expansion" shall mean an improvement, addition, enlargement, extension, or modification to a structure that increases the square footage of the structure, or reconstruction substitution or structural alteration thereto.

(2)

Legal nonconforming lots.

a.

Development on a legal nonconforming lot having legal nonconformity as to the lot frontage and/or lot area requirements of the applicable land use district shall be permitted, provided that the development meets all other requirements of the applicable land use district.

b.

Expansions of structures on legal nonconforming lots shall be permitted in accordance with this section.

(3)

Legal nonconforming uses.

a.

A legal nonconforming use may continue.

b.

If a legal nonconforming use is discontinued for a period of six months or more, or the use is changed to a more restricted or conforming use for any period of time, the use may not be reestablished. A use shall be considered discontinued once the activities and commerce, essential to the continuation of the use are abandoned, unless the property owner is able to demonstrate that there was no intent to abandon the use. Discontinuance due to acts of force majeure shall not constitute abandonment provided a good faith effort is made to reestablish the use.

c.

No such legal nonconforming use shall be enlarged or increased to occupy a greater area of land or structure, except that expansions of legal nonconforming single-family residences shall be permitted.

(4)

Legal nonconforming structures.

a.

To prevent changes in regulation from unduly burdening property owners, legal nonconforming structures may continue to be used and maintained. Expansions, repairs, alterations, and improvements to legal nonconforming structures shall be permitted only in accordance with the following provisions:

1.

Internal and external repairs, alterations and improvements that do not increase the square footage of the legal nonconforming structure shall be permitted.

2.

Expansions to a legal nonconforming structure shall be permitted as follows:

(i)

If the total square footage of the proposed improvement is less than 50 percent of the structure's net square footage at the time it became legal nonconforming, the improvement shall comply with current regulations.

(ii)

If the total square footage of the proposed improvement is equal to or exceeds 50 percent of the structure's net square footage at the time it became legal nonconforming, the entire structure and site improvements shall be brought into compliance with current regulations.

(iii)

Once the cumulative total of additional square footage or improvements equals to 50 percent of the structure's net square footage at the time it became legal nonconforming, no additional expansions shall be permitted and the entire structure and site improvements shall be brought into compliance with current regulations.

(iv)

For purposes of this section, net square footage shall refer to the square footage indicated on the building permit or determined through equivalent evidence such as aerial photographs, tax roll information, certificates of use or occupancy, or design professional certifications.

b.

If a legal nonconforming structure is damaged by fire, flood, explosion, wind, war, riot or any other act of force majeure, repairs shall be subject to the following provisions:

1.

If the repair/replacement cost is less than 50 percent of the value of the structure based upon the average of two independent appraisals, the structure may be reconstructed up to the same building height and within the same building footprint existing prior to the damage, provided that an application for final building permit has been submitted within 12 months of the date of such damage unless extended by the board of county commissioners.

2.

If the repair/replacement cost is equal to or exceeds 50 percent of the building's value based upon the average of two independent appraisals, the building and site improvements shall be brought into compliance with current regulations.

3.

Routine internal and external maintenance, repairs and material replacement such as re-roofing, painting, window or door replacement, mechanical equipment repair and replacement, plumbing and electrical maintenance, and similar repair, maintenance, and replacements shall be permitted.

c.

If a legal nonconforming building is deemed to be unsafe, pursuant to chapter 8 of this Code, and demolition is required, the building shall be rebuilt in accordance with current regulations.

d.

In addition to the requirements of this section, all repairs, improvements, and expansions to a legal nonconforming building shall comply with the Florida Building Code.

(Ord. No. 2018-05, § 1, 6-19-18)

Editor's note

Ord. No. 2018-05, § 1, adopted June 19, 2018, did not specify manner of inclusion; hence, codification as § 78-10.1 was at the discretion of the editor.