7.10.01: The provisions of this Article are intended to ensure functional and attractive development by requiring that all future development is consistent with accepted planning practices and principles as well as natural area limitations (Policy 7.A.3.2).

Compatibility is generally interpreted as meaning consistency of land use within specified districts and/or the orderly and harmonious transition of land use from one district to another. Nonconforming development is development that does not conform to the general character of a particular district or is contrary to the use regulations and/or development design standards provided by this Code or by the codified ordinances. The following provisions are intended to eliminate expansion of non-conforming land uses which are inconsistent with:

A.

The Future Land Use Map; or

B.

The City's Zoning Ordinance; or

C.

Standard Unsafe Building Abatement Code, Appendix A (Policy 7.A.3.1).

7.10.02: Regulations prescribed shall not be construed to require the removal or change to any existing structure completed or begun prior to the adoption of this Article. Non-conforming uses, however, are otherwise prohibited. This extends to and includes the following circumstances:

A.

Nonconforming uses declared by this Code or the City's Zoning Ordinance to be incompatible with permitted uses in the districts involved shall not be extended or enlarged.

B.

Nonconforming uses shall not be moved in whole or in part to any portion of a lot or parcel other than that occupied by such use.

C.

No additional structure shall be erected in connection with nonconforming uses of land.

D.

Reconstruction of nonconforming uses destroyed by fire or other calamity to a degree equalling or exceeding 75 percent of its replacement cost is prohibited.

E.

If any nonconforming use of land ceases for any reason for a period of more than six (6) months, any subsequent use of such land shall conform to the regulations specified by this Code and the codified ordinances.

F.

The extraction of natural resources from any district in Mary Esther shall be considered non-conforming until such time as applicable state and federal permits are obtained. No development incompatible with adjacent land uses shall be permitted by the City (Policy 7.A.4.2).