Any lawful use of land or structures existing on February 28, 1956, and which by its terms has become a nonconforming use, is hereby declared not to be in violation on February 28, 1956, the effective date of the ordinance from which this chapter is derived. Such a nonconforming use shall be subject to all of the provisions of this chapter pertaining to its continuance, change and discontinuance.

(Ord. No. 253, § 4.1, 2-28-56)

(1)

The nonconforming use of a building may be extended throughout any part of a building clearly designed for such use but not so used on February 28, 1956. Any nonconforming use which occupies a portion of a building not originally designed or intended for such use, shall not be extended to any other part of the building. No nonconforming use may be extended to occupy any land outside the building, nor any additional building on the same plot not used for such nonconforming use at the effective date of this chapter, February 28, 1956. The nonconforming use of land shall not be extended to any additional land not so used at the effective date of this chapter, February 28, 1956.

(2)

Where a building designed or suitable for dwelling purposes existed at the effective date of this chapter, February 28, 1956, the commission may authorize the installation or extension of residential use within such building, provided there is no enlargement of the area or bulk of such building.

(Ord. No. 253, § 4.2, 2-28-56)

No structure used for a nonconforming use shall be enlarged, extended, reconstructed or structurally altered, unless the use is changed to 1 which complies with the provisions of this chapter. Repairs, maintenance and improvement may be carried out each year in an amount not to exceed 25 percent of the assessed value of the building for that year, provided such work does not increase the cubical content of the building nor the floor area devoted to the nonconforming use, nor increases the number of dwelling units. Nothing in this chapter shall prevent compliance with applicable laws or ordinances relative to the safety and sanitation of a building occupied by a nonconforming use.

(Ord. No. 253, § 4.3, 2-28-56)

No nonconforming structure as opposed to a structure used for nonconforming use shall be added to or altered in a fashion so as to increase the extent to which the structure is in violation of applicable regulations. A nonconforming structure may be added to or altered if such alteration or addition does not in itself constitute a further violation of existing regulations.

(Ord. No. 739, § 1, 1-2-63; Ord. No. 1204, § 1, 2-28-67)

(1)

For the purpose of this section, "catastrophe" means any destructive force whether caused naturally or otherwise.

(2)

If any building or structure in which there is a nonconforming use is damaged by fire, flood, explosion, collapse, wind, war or other catastrophe to such an extent that the cost of repair or reconstruction will exceed 50 percent of the fair market value of the building or structure, it shall not be again used or repaired or reconstructed for any use except 1 permitted as a new use in the district in which it is located.

(3)

If any nonconforming building or structure is damaged by fire, flood, explosion, collapse, wind, war or other catastrophe to such an extent that the cost of repair or reconstruction will exceed 50 percent of the fair market value of the building or structure, it shall not be again used or repaired or reconstructed except as a conforming building or structure.

(4)

As an exception to (2) and (3) above, if any residential building located in a residential district is damaged by catastrophe, the building may be repaired or reconstructed and used to house no greater than the number of dwelling units and no greater square footage or total living area in existence in the building prior to the damage, regardless of the extent of the damage, unless both the comprehensive plan and the applicable zoning district regulations in effect at that time permit a greater number of dwelling units. Reconstructed structures shall be subject to the applicable fire and building codes at the time of the issuance of building permits for the reconstruction.

(Ord. No. 253, § 4.4, 2-28-56; Ord. No. 2887, § 1, 7-14-81)

A nonconforming use of land or building shall not be changed to any other use except 1 which would be permitted as a new use in the district in which the land or building is located.

(Ord. No. 253, § 4.5, 2-28-56)

(1)

If for any reason a nonconforming use of land ceases or is discontinued for a period of more than 6 months, the land shall not thereafter be used for a nonconforming use.

(2)

If for any reason the nonconforming use of a building ceases or is discontinued for a period of 6 months or more, the building shall not thereafter be used for a nonconforming use.

(3)

Any part of a building, structure or land occupied by a nonconforming use which use is abandoned shall not again be occupied or used for a nonconforming use.

(4)

Any part of a building, structure or land occupied by a nonconforming use which is changed to or occupied by a conforming use shall not thereafter be used or occupied by a nonconforming use.

(Ord. No. 253, § 4.6, 2-28-56)

Any legal nonconforming use for which a certificate of occupancy has been issued may be continued pursuant to the provisions of this chapter, except for nonconforming uses specified in section 28-194.

(Ord. No. 253, § 4.7, 2-28-56)

(1)

The nonconforming uses listed in this section shall be discontinued, and any nonconforming structures used in connection therewith shall be removed at the expiration of the periods of time shown, or at the expiration of 1 extension period as provided hereinafter.

(2)

All periods of time shall begin 30 days after receipt by the owner of the nonconforming use of notice of the provisions of this section. Upon application, the planning and zoning board may, in certain cases upon a showing of unnecessary hardship, extend the date for discontinuance for 1 period of time not to exceed the limit hereinafter specified.

(Ord. No. 253, § 4.8, 2-28-56; Ord. No. 5437, § 8, 1-23-18)

(1)

After February 28, 1956, the owner or operator of a nonconforming use shall be notified of the provisions of this article. Within 30 days of the receipt of the notice, the owner or operator shall apply for a certificate of occupancy for the nonconforming use, which certificate shall be duly and promptly issued to the applicant. The application for such certificate shall indicate the location, nature and extent of the nonconforming use and such other details as may be pertinent thereto. If the owner or operator of a nonconforming use fails to apply for a certificate of occupancy within 30 days after receipt of the foregoing notice, the use ceases to be a permissible nonconforming use and is hereby declared to be in violation of this chapter.

(2)

If the enforcing official shall find upon reviewing the application for a certificate of occupancy that the existing use is illegal or in violation of other laws or ordinances, or if he finds that a building for which a certificate is requested has been constructed for the existing use or any other use without full compliance with the building code or zoning ordinance in effect at the time of construction or alteration, he shall not issue the certificate of occupancy but shall declare such use to be in violation of this chapter.

(Ord. No. 253, § 4.9, 2-28-56)

A conforming existing use of land upon which a building, structure or structures in the LIRP zoning district was constructed shall not be rendered nonconforming as a result of not meeting interior side yard setbacks if subdivided pursuant to Section 26-31, Code of Ordinances, provided that:

(1)

The land to be subdivided is to be divided into no more than 2 parcels.

(2)

The land to be subdivided was developed and the building structure or structures were constructed in accordance with an approved site plan and, after subdivision, shall conform with all provisions of the zoning code except for interior side yard setbacks.

(3)

The land to be subdivided shall continue to function as a single integrated site through easements and other appropriate legal instruments required and approved by the City Attorney.

(Ord. No. 4222, § 1, 5-23-95)

Cross reference— LIRP Light Industrial and Research Park District, § 28-976 et seq.

Any substance abuse treatment facility that existed as of May 29, 2002 must comply with all provisions and requirements of this chapter no later than 60 days after the rendition of a final non-appealable order in that certain lawsuit challenging Ordinance No. 4649 filed against the city in the United States District Court for the Southern District of Florida styled Joseph O. et al v. City of Boca Raton, Case No. 02-015320 AO, unless otherwise directed in such order, or 18 months after its effective date, whichever is later.

(Ord. No. 4649, § 2, 5-29-02; Ord. No. 4701, § 2, 4-8-03)

Any legal, nonresidential structure or use existing as of September 9, 2008 located in either a single-family zoning district or a multi-family zoning district that becomes nonconforming based upon the amendment to section 28-341 and/or section 28-371 (in Ordinance No. 5045) regarding vehicular access to and from arterial or collector roads, as provided therein, shall be deemed a legally nonconforming structure or use pursuant to section 28-189 and may be added to or altered as provided in section 28-189; provided that any existing, vehicular access to roads that do not qualify as arterial or collector roads may remain in use, but no additional vehicular access to roads that do not qualify as arterial or collector roads may be established.

(Ord. No. 5045, § 3, 9-9-08)