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ORDINANCE NO. 98m 0 9 <br />1. Use of nonconforming structures abandoned for a period of 12 or more <br />consecutive months (cross-reference LQR section 904.08) located on a <br />nonconforming property shall not be permitted until the property is brought <br />into compliance with the requirements of a compatible property <br />2. Except as otherwise provided herein, there maybe a change of tenancy or <br />ownership of a nonconforming property, without the loss of nonconforming <br />status, if use of the nonconforming structures is not abandoned for a period <br />of 12 or more consecutive months. <br />3. Colors of a structure located on a nonconforming nropea shall not be <br />changed from those existing at the time of the adoption of these special <br />regulations, unless the new; to -be -painted colors comply with the Sly 60 <br />special color regulations. <br />4. Projects on nonconforming properties requiring a building permit (excluding <br />permits for roofs or minor repairs) shall be required to bring the property into <br />compliance as a "compatible property". <br />5. A structure located on a nonconforming property shall not be enlarged or <br />increased in anv way from its lawful size at the time of the adoltion of these <br />special regulations. Where such changes are made, a building_ permit and <br />compliance with the requirements of a "compatible property" are required <br />for the enlargement or addition. <br />Variances <br />La) Variances from these special corridor regulations shall be processed pursuant to the <br />procedures and timeframes of Section 70.001, Florida Statutes. The Planning and <br />Zoning Commission shall recommend variances to the Board of County <br />Commissioners for final action. <br />The Planning <br />and <br />Zoning <br />Commission <br />is authorized <br />to propose <br />settlements of <br />claims <br />under Chapter <br />70, <br />Florida <br />Statutes, <br />through any means <br />set out in <br />Section <br />70a001(4)(c). <br />Le) Criteria. The Planning and Zoning Commission shall not approve a variance or other <br />proposal for relief unless it finds the following. <br />1. The corridor regulation directly restricts or limits the use of real property <br />such that the property owner is permanently unable to attain the reasonable, <br />investment -backed expectation for the existing use of the real property or a <br />vested right to a specific use of the real property_ with respect to the real <br />property as a whole, or <br />2. That the property owner is left with existing or vested uses that are <br />unreasonable such that the property owner bears permanently a <br />disproportionate share of a burden imposed for the good of the public, which <br />in fairness should be borne by the public at large, and <br />3. The reliefrag_ nted protects the public interest served by the regulations at <br />issue and is the appropriate relief necessary to prevent the corridor <br />regulations from inordinately burdening the real property_ <br />additions. <br />