10-1332 Amendment to ULDR to accommodate Major Thoroughfare Mixed Use future land use

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(11 Existing developments in glace and legally existing on a subiect aarcel remain legal conforming uses that can be veloaed and redeveloped in accordance with the zoning district standards aaalicable to the subiect aarcel as of une 28.2010. with two exceations: al If a subiect aarcel that is already developed is_redeveloaed such that its value after redevelopment will exceed 150% of its assessed value before redeveloament. the aarcel must conform to the reauirements of the MTMU land use set forth in the Comarehensive Plan: bl If the arimarv structure on a aarcel receives storm or fire damage in excess of 50% of its assessed value before the damage, the rebuilt structure must conform to the reauirements of the MTMU land use set forth in e Comarehensive Plan. unless a building aermit for the rebuilding is obtained within eighteen months of when the damage is sustained. The Administrative Official shall determine whether a subiect aarcel or arimarv structure falls under one of these two exce ion prior to the issuance of a final develoament order for such redeveloament. SECTION 2. That Section 2-8.1, Purpose and Intent, Article VIII, Non-Conforming Uses and Non- compliant Structures, of Chapter II, District and General Regulations, Part III, Unified Land Development Regulations, of the Code of Ordinances of the City of Casselberry, Florida shall be amended as follows: Section 2-8.1. Purpose and intent. This Article is intended to permit the continuation of those lots, structures, uses, characteristics of use, or combinations thereof, which were lawful before the passage of this Code, but which would be prohibited, regulated, or restricted under the terms of this Code or future amendments thereto. This Article is designed to provide standards and guidelines for the control and management of nonconforming uses and non-complying buildings and structures, especially in regulating changes in the use of land or in the buildings or structures, including quality, volume or intensity, location, ownership or tenancy, accessory or incidental uses, extension, enlargement, replacement, or any other change in characteristic. It is the intent of this Article to permit these nonconformities and non-compliances to continue until they are removed but not to encourage their survival. Such uses are declared by this Chapter to be incompatible with permitted uses in the districts involved. It is further the intent of this Article that nonconformities and non-compliances shall not be enlarged upon, expanded or extended nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district. This Article shall not apply to existing developments, including single family homes, in place and lawfully existing as of June 28 2010 which have an MTMU future land use. Anv such developments shall be governed by footnote one to Table 2-4.2, which provides that said developments can be developed and redeveloped in accordance with the zoning Ordinance 10-1332 MTMU ULDR Amendment Page 3