08-1250 Eminent Domain Waivers Exceptions & Variances

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(3) If any legally existing structures (principal or accessory), or vehicular use area must be relocated as a direct result of the governmental taking, or as a result of safety concerns, if allowed to remain after the taking, then the Administrative Official, or designee, the Building Official and Fire Marshal may allow the relocation of the structure on the remaining property, so as to comply with all applicable regulations to the greatest extent practicable, as determined by the Administrative Official or designee. If the relocation results in substandard characteristics of use, it shall be deemed thereafter to be conforming but only to the extent of those non-conformities caused by the governmental or public agency's acquisition. Any future expansion or enlargement thereof shall be in accordance with all applicable code requirements. (4) Legally existing structures (principal or accessory) or vehicular use areas which become nonconforming or increase in nonconformity according to subsection (1), which are thereafter damaged or destroyed, other than by voluntary demolition, to an extent of more than fifty (50) percent of the property appraiser's assessed valuation at the time of destruction can be restored, but only to predestruction condition in accordance with the Florida Fire Prevention and Florida Building Code. Any expansion or enlargement that does not increase the nonconformity of a characteristic of use shall be permitted in accordance with all applicable code requirements. Where expansion or enlargement increases the nonconformity of a characteristic of use, relief from appropriate City board(s) is necessary. This Subsection does not apply to signs, which are addressed in Subparagraph F. (5) If the structure to be relocated harbors a nonconforming use, the Administrative Official may permit the relocation pursuant to this section, if the Administrative Official or designee determines that public harm will not result. (6) Where part of a principal structure is taken, the reconstruction of the taken structure (same size and use) may be permitted. The reconstruction must meet city codes to the greatest extent possible, to the satisfaction of the Administrative Official or designee. The reconstructed structure must meet the requirements of the Florida Building Code and Florida Fire Prevention Code as determined by the Building Official and Fire Marshal. The reconstructed structure shall thereafter be deemed conforming as to those non conformities caused by the governmental or public agency's acquisition. (7) Any alterations, repairs or rehabilitation work necessitated by a Ordinance 08-1250 Page 4