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 Okaloosa County
 Code of Ordinances
 Appendix E. LAND DEVELOPMENT CODE
 Chapter 10. HARDSHIP RELIEF

  § 10.01.06. Nonconforming uses of structures and premises in combination.  

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  • If lawful use involving individual structures with a replacement cost of $1,000.00 or more, or if structures and premises in combination exist at the effective date of this ordinance, that would not be allowed in the district under the terms of this ordinance, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:

    1.

    No existing structure devoted to a use not permitted by this ordinance in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved, or structurally altered except in changing the use of the structure to use permitted in the district in which it is located.

    2.

    Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for the use at the time of adoption or amendment of this ordinance, but no use shall be extended to occupy any land outside the building.

    3.

    If no structural alterations are made, any nonconforming use of a structure or structure and premises, may be changed as a special exception to another nonconforming use provided that the board of adjustment, either by general rule or by making findings in the specific case, shall find that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. In permitting the change, the board of adjustment may require appropriate conditions and safeguards in accord with the provisions of this ordinance.

    4.

    When a nonconforming use of a structure, or structure and premises in combination is discontinued or abandoned for six consecutive months (except when government action impeded access to the premises), the structure or structures and premises in combination shall not thereafter be used except in conformity with the regulations of the district in which it is located.

    5.

    Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land. Destruction for the purpose of this section is defined as damage to an extent of more than 75 percent of the replacement cost at the time of destruction.

(Ord. No. 11-01, § 2, 1-18-11)