FPR section 201.2 is amended to read as follows:
This section shall apply unless equivalent provisions are
incorporated in the city or county flood plain zoning ordinance.
Nonconforming Use: A structure or the use of a structure or
premises which was lawful before the passage or amendment of the ordinance but
which is not in conformity with the provisions of these regulations may be
continued subject to the following conditions:
1. No such use shall be expanded, changed,
enlarged, or altered in a way which increases its nonconformity.
2. No structural alteration, addition, or
repair to any conforming structure over the life of the structure shall exceed
50 percent of its market value at the time of its becoming a nonconforming use,
unless the structure is permanently changed to a conforming use.
3. If such use is discontinued for 12
consecutive months, any future use of the building premises shall conform to
these regulations. The assessor shall notify the zoning administrator in
writing of instances of nonconforming uses which have been discontinued for a
period of 12 months.
4. If any
nonconforming use or structure is destroyed by any means, including floods, to
an extent of 50 percent or more of its market value, it shall not be
reconstructed except in conformance with the provisions of these regulations;
provided, the Board of Appeals may permit reconstruction if the use or
structure is located outside the floodway and is adequately and safely
floodproofed, elevated, or otherwise protected in conformance with these
regulations.
5. Uses or adjuncts
thereof which are or become nuisances shall not be entitled to continue as
nonconforming uses.
6. An
alteration, addition, or repair to a nonconforming structure that exceeds 50
percent of its market value must be protected as required by these
regulations.
