Hallandale Beach City Zoning Code

1. It is the purpose and intent of this article to permit, except as otherwise specifically provided, the continuation of those lots, structures, uses, characteristics of use or combinations which were lawful before the passage of this chapter, but which would be prohibited, regulated, or restricted under the terms of this chapter or future amendments to this chapter. For purposes of this chapter, a nonconforming lot, structure, use or characteristic of use is defined as a lot, structure or use, or combination, that does not comply with the land development standards of the zoning district in which the lot, structure, use or characteristic of use or combination is located, but which was legally established and in existence before November 21, 1978.
2. This article is designed to provide reasonable and equitable standards and guidelines for the control of:
   1. Nonconforming lots, structures, uses and characteristics of uses in the regulation of change of use;
   2. Change in kind or quality of use;
   3. Change in volume or intensity of use;
   4. Change in location of use;
   5. Change of ownership or tenancy of use;
   6. Accessory or incidental uses to nonconforming lots, structures, uses, or characteristics of uses;
   7. Enlargement of use;
   8. Replacement of use;
   9. Addition or expansion of facilities;
   10. New activities, products or services connected with the nonconforming lot, structure or use;
   11. The alteration of a nonconforming structure;
   12. Repair of a nonconforming structure;
   13. Restoration of a nonconforming structure; and
   14. Abandonment or discontinuance of a nonconforming structure or use; or any combination.
3. It is the further purpose and intent of this article to allow nonconforming lots, structures, uses and characteristics of use and combinations to continue, except as otherwise specifically provided, subject to specific conditions, in order not to interfere with the existing circumstances surrounding land development within the city prior to the effective date of this article more than is necessary for the proper exercise of police powers relating to the general public welfare of the citizens and residents of the city.

(Code 1980, app. A, art. III, § 4.01)

Within the zoning districts established by this chapter, or amendments that may be later adopted to this chapter, there may exist:

1. Nonconforming lots.
2. Nonconforming structures.
3. Nonconforming uses.
4. Nonconforming characteristics of use.
5. Combinations of nonconforming lots, nonconforming structures, nonconforming uses and nonconforming characteristics of use.

These nonconforming classifications are declared by this article to be incompatible with present permitted uses and all or part of the property development standards regulating permitted uses in the zoning district in which the nonconforming classifications are located and, therefore, are the proper subject regulation as provided for in this article.

(Code 1980, app. A, art. III, § 4.02)

In order to avoid undue hardship on the citizens and residents of the city, nothing in this article shall be deemed to require any change in the plans, construction or designated use of any structure on which actual construction was lawfully done prior to November 21, 1978, and upon which actual building construction has been carried on diligently. For purposes of this section, the term "actual construction" is defined to include the placing of construction materials in permanent position and fastened in a permanent manner according to approved plans for the specific improvement. Where excavation or demolition or removal of an existing structure has been substantially begun, preparatory to rebuilding, such excavation or demolition or removal shall be deemed to be actual construction, provided that work has been and shall be carried on diligently pursuant to a valid building permit.

(Code 1980, app. A, art. III, § 4.03)

1. In any district in which single-family detached dwellings are permitted, a single-family detached dwelling and customary accessory buildings may be erected on a single lot, tract or parcel of land of record on November 21, 1978, notwithstanding limitations imposed by other provisions of this article. Such lot must be in separate ownership and not be of continuous frontage with other lots in the same ownership. This provision shall apply even though such lot fails to meet the requirements for area, width, depth or density that are applicable in the zoning district in which the lot, parcel or tract, is located; however, required yard or area dimensions and requirements other than those property regulations applying to area, width or depth shall conform to the regulations for the zoning district in which such lot is located.
2. If two or more lots, or combinations of lots, or portions of lots with continuous frontage and single ownership are of record on November 21, 1978, and if all or part of the lots do not meet the requirements established for lot area, width or depth, the lands involved shall be considered to be an undivided parcel for the purposes of this article; and no portion of such parcel shall be used or sold in a manner which diminishes the degree of compliance with lot width, area and depth requirements established by this article; nor shall any division of any parcel be allowed which creates a lot with area, width or depth, or all, less than the requirements stated in this section.
   1. When two or more adjoining and vacant lots or parcels with continuous frontage or area are under the same ownership on or after November 21, 1978, such lots shall be considered as one tract so as to create one or more lots or parcels which conform to the minimum frontage, area and density requirements of the district in which they are located, and as further provided for in this article.
   2. When an individual lot or parcel has an area smaller than the requirements of the district in which it is located, but was a lot or parcel of record, on November 21, 1978, the permitted uses of the zoning district will be allowed on such lot or parcel, providing all requirements, other than building site area, are maintained.

This subsection shall not apply where two or more lots or parcels adjoin in such a fashion that should they be considered as one lot or parcel, such single lot or parcel would meet all minimum requirements as to area and dimensions, provided that all the area so considered is in the same ownership.

(Code 1980, app. A, art. III, § 4.04)

A nonconforming use may be continued if it lawfully existed on November 21, 1978, or at the time when the use was thereafter prohibited, subject to the following limitations and restrictions:

1. Change in location of use. No nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use on November 21, 1978.
2. Change of ownership or tenancy. All rights and obligations associated with a nonconforming use of land run with the land and are not personal to the present owner or tenant of the nonconforming use of land and are not affected by a change in ownership or tenancy, except if abandoned.
3. Accessory or incidental uses. Uses accessory to a nonconforming use not in existence on November 21, 1978, are not permitted.
4. Change to a more restrictive or equally restrictive category of use.
   1. A nonconforming use may be changed to a more restrictive category of nonconforming use if the resulting change reduces the degree of nonconformity with applicable site development standards and use regulations. For the purpose of this section, a more restrictive category shall be a use or site development standard contained within a more restrictive zoning district.
   2. If no structural alterations are made, any nonconforming use of a structure, or of a structure and premises in combination, may be changed to another nonconforming use of a similar character, provided the director shall find that the resulting change does not increase the degree of nonconformity with applicable site development standards and use regulations and that the relation of the structure to surrounding properties is such that adverse effects on occupants and neighboring properties will not be greater than the existing nonconforming use. In permitting such change, the director may require appropriate conditions and safeguards in accordance with the intent and purpose of this chapter.
5. Expansion or extension. No nonconforming use shall be enlarged, increased, expanded, extended or intensified beyond what existed at the time it became nonconforming.
6. Replacement of use. If any existing nonconforming use as provided for in this article is destroyed by more than 50 percent of its assessed value at the time of destruction as determined by the official records of the county property appraiser by any means, including fire, flood, wind, explosion, act of God, or act of a public enemy, such use shall not be replaced. If such nonconforming use is destroyed to a level less than 50 percent of its total assessed value at the time of destruction as determined by the official records of the county property appraiser, it may be replaced; except that replacement can only occur in compliance with those building, plumbing, electrical, gas, fire, and other construction and safety related regulations in effect at the time of application for a permit to allow replacement. In no event shall the destroyed nonconforming use be replaced to a degree or level greater than the original use as to height, lot coverage, total floor area, bulk, or yard setback requirements.
7. Density. Lawfully established residential uses with a residential dwelling density that exceeds what is currently permitted in the underlying zoning district may be continued in compliance with this article, and provided such use has not been discontinued or abandoned pursuant to subsections (8), (9), and (10) of this section, as applicable.
   1. Necessary repairs and maintenance to the building that contains the density nonconformity shall be permitted pursuant to subsection 32-926(3).
   2. Except where conforming with current zoning and land development standards, alterations or rehabilitation of the building that contains the density nonconformity may be permitted according to the zoning and land development standards in effect at the time of its original construction if in compliance with the following:
      1. Alterations in the supporting members of the building, such as load bearing walls, columns, beams, or girders shall not be permitted unless required to assure the safety of the building as determined by the city building official. All other alterations that do not increase the degree of nonconformity, which may include but are not limited to, relocation or replacement of non-load-bearing walls or addition of ornamental features, change in arrangement of units, shall be permitted.
      2. The excess density shall only be permitted to remain provided the cost of the alterations or rehabilitation, as determined by the building official, does not exceed 50 percent of the building's assessed value. Alterations or rehabilitation exceeding 50 percent of the building's accessed value shall be permitted if the units in excess of the allowable density of the current zoning and land development regulations are set aside as affordable housing. Such affordable housing units shall be restricted for a minimum of 30 years with a restrictive covenant recorded in the county official records, in a form approved by the city.
      3. Any addition or new construction proposed in conjunction with the alteration or rehabilitation of the building, which does not further increase the nonconforming density, shall comply with the current zoning and land use development standards.
      4. Alterations or rehabilitations can only occur in compliance with those building, plumbing, electrical, gas, fire, and other construction and safety-related regulations in effect at the time of application for a permit.
8. Abandonment of use. The abandonment of a nonconforming use for a period of 180 consecutive days shall render the nonconforming use status of the specific nonconforming use null and void. In the factual determination or whether a nonconforming use has been abandoned, the following factors shall be used, but are not limited to:
   1. An intent to abandon the nonconforming use through removal of stock in trade or removal of operating equipment.
   2. Some overt act or failure to act which carries with it a sufficient implication that the owner neither claims nor retains any interest in the abandoned property as it stood before the abandonment has occurred. The mere renewal and maintenance of an active license, without more, shall not raise any presumption that the nonconforming use has not been abandoned.
9. Redevelopment area; abandonment and discontinuance of nonconforming uses.
   1. In areas of the city that have been properly designated as redevelopment areas pursuant to the definition contained in section 32-8 of this chapter, upon application by the owner of the property or by any other person interested in the property and having the owner's consent, the standards of subsection (8) of this section may be modified by the city commission in order to allow the rehabilitation of structures previously certified for residential dwelling use. The city commission may determine that a structure that meets the criteria of this article be deemed not to have been abandoned or its use discontinued, or the city commission may extend the 180-day period of abandonment or discontinuance of use provided in subsection (8) of this section, upon finding that the following criteria are satisfied:
      1. The subject structure is a structure that was a legally existing permitted or nonconforming use prior to the adoption of city Ordinance No. 78-60 on November 21, 1978.
      2. The structure was previously certified for human occupancy as a single-family or multiple-family residential dwelling; or, in the absence of adequate records, physical evidence and affidavits attesting to the fact that a structure was previously constructed and used for residential purposes may be used in lieu of certificate of occupancy documents.
      3. The structure is presently in sufficiently sound condition that major structural supporting members do not require replacement in order to rehabilitate the structure and render it certifiable for human occupancy as a residential dwelling. In making the determination required by this section, the commission may request that the structure be examined by the appropriate building inspectors of the city in order to determine whether major structural changes will be necessary in order to rehabilitate the dwelling.
      4. Such structure is otherwise suitable for rehabilitation for use for residential dwelling purposes.
         
         If the criteria in this subsection are met by the structure in question and the city commission shall so determine, the structure may be deemed a legal nonconforming use which has not been abandoned; and it may be redeveloped to the category of the use specified on the last certificate of occupancy issued for the structure. In the absence of such certificate of occupancy, physical evidence and affidavits attesting to the category of use may be utilized in determining the allowable characteristics of the rehabilitated structure. Notwithstanding full compliance with every provision of this section, no structure to which this section may be applicable or which shall have been converted by the city commission to a legal nonconforming use pursuant to this section shall be subject to rehabilitation if such rehabilitated structure shall constitute a use of greater intensity or density of residential units than was permitted by the last certificate of occupancy for the structure in question, or shall otherwise result in a density of more than 25 units per acre, whichever is less. In the absence of a certificate of occupancy, the commission may utilize physical evidence and/or affidavits to determine the original intensity or density of use.
   2. Any structure in a redevelopment area that may be rehabilitated for use as a residential dwelling, pursuant to subsection (9)a., shall comply with all current requirements of this chapter as to landscaping and parking; however, the city commission may, in its discretion, waive any or all such requirements upon application of the owner or other person interested in the property, submitted simultaneously with the application as provided in subsection (9)a. of this section.
   3. Every application submitted in accordance with subsection (9)a., b. of this section shall include a statement of the applicant's interest in the property, and if the applicant is someone other than the owner, a statement showing the consent of the owner to such application, and a sketch plan of the site drawn to scale. Each application will be processed in accordance with the redevelopment area modification procedure established by section 32-175.
   4. Providing a parcel has not been subdivided or otherwise reduced in size except for public right-of-way purposes, where application is made pursuant to subsection (9)a. of this section, the city commission may, if it finds the criteria of subsection (9)a. of this section are otherwise met, waive the density cap of 25 units per acre to allow a density in excess of 25 units per acre but not in excess of the number of residential units existing on the parcel of land.
10. Discontinuance of a nonconforming use. No building or premises wherein or whereon a nonconforming use is discontinued for a period of at least 180 consecutive days shall again be devoted to any use prohibited by this Code.

(Code 1980, app. A, art. III, § 4.05; Ord. No. 2024-002, § 2, 1-3-2024)

Where a lawful structure exists at the effective date of adoption or amendment of this chapter, and it could not be built under the terms of this chapter by reason of restrictions on area, lot coverage, height, yards, location on the lot, or other property development standards or requirements concerning the structure, such structure, except as otherwise specifically provided, may be continued so long as it remains otherwise lawful, subject to the following provisions:

1. Alteration, extension, enlargement, or expansion of nonconforming structure. Except for as provided in subsection a. below, no such alteration, extension, enlargement, or expansion of a nonconforming structure shall be permitted in a way which increases its noncompliance with present property development and use standards of the zoning district in which it is located; but any nonconforming structure or portion may be altered to decrease its noncompliance with present property development and use standards of the zoning district in which it is located. Nothing in this subsection shall prohibit the director from ordering the compliance with all applicable building construction and safety related codes.
   1. Setback exception. In the case of nonconforming side yard or rear yard setbacks, existing single-family and two-family buildings may be authorized to expand provided the existing setback of the building is met.
2. Replacement, restoration and reconstruction of nonconforming structure. If any existing nonconforming structure, as provided for in this section, is destroyed by any means, including fire, flood, wind, explosion, act of God, or act of a public enemy by less than 50 percent of its total appraised value according to the latest records of the county property appraiser, such structure shall be permitted to be replaced, restored or reconstructed according to the property development standards in effect at the time of its original construction; except that replacement, restoration and reconstruction can only occur in compliance with those building, plumbing, electrical, gas, fire and other construction and safety related regulations in effect at the time of application for a permit to allow replacement, restoration, or reconstruction. In no event shall the destroyed nonconforming structure be replaced to a degree or level greater than the original structure as to height, lot coverage, total floor area, yard setback requirements or other applicable property development regulations at the time of original construction.
3. Repairs and maintenance of nonconforming structures. Routine repairs and maintenance of nonconforming structures on fixtures, wiring or plumbing or on the repair or replacement of walls shall be permitted.
4. Change in location of nonconforming structure. Should any nonconforming structure be moved for any reason to any distance whatever from its original permitted location, it shall thereafter conform to the regulations for the zoning district in which it is located after it is moved.
5. Accessory or incidental structures. Structures normally accessory to or incidental to a permitted structure or permitted use in the zoning district in which the nonconforming structure is located may be permitted as accessory structures to the nonconforming structure.
6. Abandonment of nonconforming structure. The abandonment of a nonconforming structure for a period of 180 consecutive days shall render the nonconforming structure status of the specific nonconforming structure null and void.

(Code 1980, app. A, art. III, § 4.06; Ord. No. 2004-29, § 1, 12-7-2004)

For purposes of this article, characteristics of use, such as off-street parking and loading and landscape requirements, shall be interpreted to be synonymous with and a part of the nonconforming classification of uses and structures legally permitted and existing at the time of the passage of this chapter or an amendment to this chapter, although such characteristics of use do not conform to the provisions of this chapter.

(Code 1980, app. A, art. III, § 4.07)

If, on the effective date of this chapter, a lot of record, structure, use or characteristic of use of land, in any combination, exists that would not be permitted under the terms of this chapter, but was lawful at the time of its original existence, that use may be continued unless otherwise deemed abandoned or terminated or required to be eliminated or brought into conformance by other applicable provisions of this chapter. Sections 32-925 and 32-926 shall apply to all nonconforming lots of record, structures, uses and characteristics of use, and combinations of any or all of them.

(Code 1980, app. A, art. III, § 4.08)

All primary and accessory outdoor uses which are nonconforming shall be discontinued within one year of the final adoption of this chapter.

(Code 1980, app. A, art. III, § 4.09)

1. Nonconforming lots, structures, uses, characteristics of use and combinations that were legally in existence or under construction on the effective date of this chapter as a result of variances issued prior to the effective date of this chapter shall be considered nonconforming lots, structures, uses or characteristics of use under the terms of this chapter; and such variances shall be continued as though they had been granted under the terms of this chapter. Renewable variances granted prior to the effective date of this chapter shall be continued following the effective date of this chapter with no further requirement for renewal.
2. This section shall not apply to variances issued to allow the sale of alcoholic beverages with less than the restrictions imposed by chapter 5. Neither shall this section apply to variances from the terms of any parking ordinance other than those variances from the terms of article IV, division 11 of this chapter.
3. Variances issued prior to the effective date of this chapter which allow the sale of alcoholic beverages with less than the minimum restrictions imposed by chapter 5, and which were issued as annually renewable variances, shall continue to be annually renewable under the terms of this article.

(Code 1980, app. A, art. III, § 4.10)