§ 47-1.12. Effect of annexation on property.

A.

Whenever unincorporated property is annexed by the city pursuant to the Florida Statutes, and when said property has been previously zoned by a unit of local government, the use regulations of that unit of local government shall remain in full force and effect until the city adopts a comprehensive plan amendment that includes the annexed area and the property is rezoned by the city.

B.

An existing use or uses that have been legally permitted by a unit of local government prior to annexation into the city on or after March 5, 1994 and is rezoned to a city zoning district that does not list the use or uses as a permitted or conditional use, shall be a permitted use for the subject property after annexation into the city and rezoning to a city zoning district subject to the following:

1.

Such use is permitted by the city plan.

2.

Such use continues and is not discontinued as provided in Section 47-3, Nonconforming Uses.

3.

When such use changes after rezoning by the city to a different use permitted in the zoning district applicable to the subject property, the use prior to the change cannot be reestablished unless permitted in the zoning district.

4.

If a structure occupied by a use that is not permitted in the city zoning district is damaged or destroyed by fire, explosion or other casualty or Act of God or public enemy by more than fifty (50) percent of its replacement value or fifty (50) percent of the gross floor area of the existing structure, such structure may be restored to the condition it was in prior to the damage, subject to the following conditions:

a.

The structure may only be rebuilt in accordance with the city plan. If the reconstruction of that portion destroyed would result in a use inconsistent with the city plan, such reconstruction shall not be permitted.

b.

For those structures other than those described in subsection 6. the dimensional requirements for the structure as provided in the zoning district, or if not permitted, a zoning district most similar to the zoning district applicable to the property as determined by the zoning administrator shall apply to the new structure.

c.

For those structures other than those described in subsection 6. the development site where the structure is to be rebuilt must meet all the requirements of the ULDR for said development.

d.

All other provisions of Section 47-3, except as amended by this Section 47-1.12 shall be in effect for all uses or structures that do not conform to the zoning district applicable to the property.

5.

If more than fifty (50) percent of the replacement value or of the gross floor area of an existing structure is demolished by other than fire, explosion or other casualty or Act of God or public enemy, then such structure may not be restored to the condition it was in prior to the damage, and any use of the property on which such structure was located shall be required to meet all of the requirements of the ULDR.

6.

Notwithstanding the provisions of subsections 1. through 5. of this subsection B., for those residential structures that have been shown on plans submitted to the city during a time period ending December 31, 2003 pursuant to the process established by the building department, the buildings and structures shown on such plans are in accordance with Resolution No. 02-27 or Resolution No. 02-28 as applicable, and the structures may be rebuilt in accordance with the dimensional and other requirements shown on such plans.

(Ord. No. C-97-19, § 1(47-1.12), 6-18-97; Ord. No. C-04-26, § 1, 5-4-04)