(a)

Existing uses. Any lawful use of land or structures existing prior to the effective date of any zoning resolution or ordinance affecting the plot which precludes such use is hereby declared not to be in violation of this code and may be continued, except as provided in Subsection (b) of this section. Such a nonconforming use shall be subject to all of the provisions of this article pertaining to its continuance, change, and discontinuance as well as all other provisions in this code relating to nonconforming uses.

(b)

Where a period of time is specified in this article, or in any other article of this Code, for the removal or discontinuance of nonconforming buildings, structures or uses, said period shall be computed from the effective date of such reclassification or change of regulations.

(c)

Establishment of nonconforming uses. In order to establish a nonconforming use, existing at the effective date of this article, or any use which thereafter becomes nonconforming, the property owner shall apply for and be issued a Certificate of Legal Nonconformity. The applicant shall submit at least two (2) of the following:

(1)

A sealed survey dated prior to the effective date of the resolution or ordinance which precluded the use, indicating that the use and buildings and structures accessory thereto were in existence;

(2)

Three (3) sworn affidavits from persons having personal knowledge of the existence of the use and any accessory buildings and structures prior to the effective date of the resolution or ordinance which precluded the use;

(3)

Verifiable photographs indicating the existence of the use and any accessory buildings and structures prior to the effective date of the resolution or ordinance which precluded the use;

(4)

Copies of building permits issued prior to the effective date of the resolution or ordinance which precluded the use, indicating the proposed use and the size and location of any accessory buildings or structures;

(5)

If, after review the use is determined to have met all requirements of this article, a certificate of legal nonconformity shall be issued by the zoning official, or designee.

(Ord. No. 95-50, § 13, 11-28-95; Ord. No. 2000-30, § 1, 6-13-00; Ord. No. 2013-04, § 2, 2-12-13)

(a)

Nonconforming use of buildings. The nonconforming use of a building may be extended throughout any part of the building clearly designed for such use but not so used at the effective date of the resolution or ordinance which created the nonconforming use. Any nonconforming use which occupied a portion of a building not originally designed or intended for such use shall not be extended to any other part of the building or any other building or structure on the plot.

(b)

Nonconforming use of land. A nonconforming use may not be extended to any land outside of a building. The nonconforming use of land shall not be extended to any additional area on the plot not so used at the effective date of the resolution or ordinance which created the nonconforming use.

(c)

Repair, alteration, or enlargement of buildings and structures used for nonconforming uses. No building or structure utilized for a nonconforming use shall be enlarged, extended, or structurally altered, unless the use is changed to a use that complies with the provisions of this code; provided, however, that repairs and maintenance may be carried out in any one (1) year period in an amount not to exceed twenty-five percent (25%) of the assessed value of the building or structure for that year, and further provided that such work does not increase the cubical content of the building or the floor area devoted to the nonconforming use, nor increase the number of dwelling units. Improvements required or permitted by Article VI, "Signs," Article VIII, "Landscaping for Protection of Water Quality and Quantity," Article XVII, "Commercial Districts," or Article XVIII, "Industrial Districts," shall be allowed, provided that the use is not enlarged or extended. Nothing herein shall prevent compliance with applicable laws or statutes relative to the safety and sanitation of a building occupied by a nonconforming use.

(Ord. No. 95-50, § 13, 11-28-95; Ord. No. 2000-30, § 1, 6-13-00; Ord. No. 2013-04, § 2, 2-12-13; Ord. No. 2020-34, § 13, 9-22-20)

(a)

There may be a change of tenancy, ownership or management of a nonconforming use provided there is no change of use as defined in section 39-215(d), "Offstreet parking required," except as may be permitted by this section.

(b)

Any change of a nonconforming use shall be to a conforming use.

(Eff. 8-22-75; eff. 11-28-77; Ord. No. 95-50, § 13, 11-28-95; Ord. No. 2000-30, § 1, 6-13-00)

(a)

Nonconforming use of land. If for any reason a nonconforming use of land ceases or is discontinued for a period of more than sixty (60) days, the land shall not thereafter be used for a nonconforming use.

(b)

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

(c)

Reconstruction after catastrophe. If any nonconforming 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 rebuilding, repair and reconstruction will exceed fifty-one percent (51%) of the replacement cost of the same building or structure, it shall not be again used or reconstructed except in full conformity with the regulations of the district in which it is located. For purposes of this subsection, multiple-family residential buildings in multiple-family residential districts which are nonconforming insofar as maximum density, shall be exempt from this subsection and may be reconstructed to the same density, height, setbacks, plot coverage and amount of offstreet parking as was originally provided, subject to compliance with the Land Development Code and subject to availability and allocation of reserve units.

(Ord. No. 95-50, § 13, 11-28-95; Ord. No. 2000-30, § 1, 6-13-00; Ord. No. 2020-34, § 1, 9-22-20)

(a)

Nothing in this article shall be interpreted as authorization for, or approval of the continuation of the use of a structure or premises in violation of any ordinance or resolution in effect at the time the use was initially begun at the premises.

(b)

The casual, temporary or illegal use of land or a building or structure, or part thereof, shall not be sufficient to establish the existence of a nonconforming use or to create any vested rights in the continuance of such a use.

(Ord. No. 2000-30, § 1, 6-13-00)

(a)

Nonconforming buildings and structures. The foregoing provisions of this article are intended to apply only to nonconforming uses and are not intended to apply to uses permitted in the zoning district in which they are located in existing nonconforming buildings and structures. Nonconforming buildings and structures shall mean lawfully constructed buildings and structures that do not conform to this code insofar as height, yards, coverage, separation, or other similar dimensional requirements or amount of offstreet parking. Any additions, extensions, or alterations to such existing nonconforming buildings or structures shall comply with all applicable provisions of this code. With the exception of recreational vehicle parks, as defined in Section 513.01, Florida Statutes, in the event any such lawful nonconforming building or structure is damaged or destroyed by fire, flood, explosion, collapse, wind, war, or other catastrophe, such building or structure may be reconstructed with the same dimensional requirements and amount of offstreet parking as the original building or structure, provided:

(1)

There is no change of use, as defined in Section 39-215(d), " Offstreet parking required"; and

(2)

The cost of reconstruction of the building or structure does not exceed fifty percent (50%) of the assessed value of the building or structure, as identified by the Broward County Records, Taxes and Treasury Division, or successor agency.

If a recreational vehicle park, as defined by Section 513.01, Florida Statutes, is damaged or destroyed as a result of wind, water, or other natural disaster, the recreational vehicle park may be rebuilt on the same site using the same density standards that were approved and permitted before the recreational vehicle park was damaged or destroyed.

(b)

Nonconforming plots. Nonconforming plots shall mean plots that have insufficient size or area for a current, legally existing use. Nonconforming plots located within residential zoning districts that are included in plats approved by the Broward County Board of County Commissioners and recorded in the Official Records of Broward County shall be entitled to construct a minimum of one (1) dwelling unit; and such nonconforming plots located within Duplex and Attached One-Family Dwelling Districts (RD-4 through RD-10) and Multifamily Dwelling Districts (RM-5 through RM-25) shall be entitled to construct a minimum of one (1) duplex with two (2) dwelling units.

(Ord. No. 95-50, § 13, 11-28-95; Ord. No. 2000-30, § 1, 6-13-00; Ord. No. 2013-04, § 2, 2-12-13; Ord. No. 2020-34, §§ 1, 14, 9-22-20; Ord. No. 2025-15, § 6, 4-1-25)