It is the intent of this article to allow legally established nonconformities to continue without an increase in the degree of nonconformity, subject to the provisions contained herein. For the purposes of this article, legally established nonconformities are those nonconformities which were permitted by previous zoning code provisions, but are not permitted by current zoning code requirements. For the purposes of this article, the following types of nonconformities are established.

(a)

Nonconforming lots. Nonconforming lots are those legally established lots which do not conform to the property development, area, and dimensional regulations contained in this Code.

(b)

Nonconforming structures. Nonconforming structures are those legally established structures or buildings that do not conform to property development, setback, and dimensional regulations established in this Code.

(c)

Nonconforming uses. Nonconforming uses are those legally established uses of land, structures, or land and structures in combination, which do not comply with the requirements of this Code.

(d)

Nonconforming characteristics of use. Nonconforming characteristics of use are operations, practices, or functions associated with a legally established use which do not comply with the requirements of this Code.

(Ord. No. 684, Art. VI, § 1, 7-25-00)

(a)

Rights. Nothing in this article shall adversely affect any building or demolition permits existing and in force on the effective date of this article.

(b)

Governmental action. For the purposes of this article, a nonconformity may not be created as a result of governmental action. Failure to act or delay in action shall not be utilized when determining the period of time during which a nonconforming use has ceased to operate.

(c)

Assessed value. Assessed value of land or improvements, as may be utilized in this article or chapter, shall be determined by the most recent tax roll prepared by the Palm Beach County Tax Collector.

(Ord. No. 684, Art. VI, § 2, 7-25-00)

(a)

Use. In any zoning district, a nonconforming lot of record may be utilized for any use permitted in such zoning district. Any use or structures located on a nonconforming lot of record must comply with all property development regulations, permitted use standards, and all applicable requirements of this Code. In order to be utilized a nonconforming lot of record must be in separate ownership, and not of continuous frontage with other lots in the same ownership.

(b)

Variances. Any variance from the requirements of this Code as applied to a nonconforming lot of record shall be subject to approval by the board of adjustment and appeals or the town commission as provided in section 30-40.

(c)

Combinations of lots. Except as provided herein, if two (2) or more lots, or combinations of lots, or portions of lots with continuous frontage under single ownership are lots of record on the effective date of this article, and if all or part of the lots do not meet the requirements established for lot width and area, the lands involved shall be considered to be an undivided parcel for the purposes of this Code. No portion of said parcel shall be used or sold in a manner which diminishes the degree of compliance with lot width and area requirements established by this article.

(d)

Creation of nonconforming lots prohibited. Unless otherwise provided herein, a division of any parcel shall not be made which creates a lot which does not conform to the requirements of this chapter.

(e)

Existing nonconforming lots of record. An existing nonconforming lot of record shall not be declared a conforming lot under the provision of this article unless or until such lot meets all minimum requirements set forth herein and as applied in the zoning district in which such lot is located.

(Ord. No. 684, Art. VI, § 3, 7-25-00; Ord. No. 18-008, § 8, 10-2-18; Ord. No. 19-008, § 8, 11-5-19)

(a)

Nonconforming uses. On the effective date of this chapter, if lawful use of land exists which would not be permitted, then such nonconforming use shall not be enlarged, increased, or extended to occupy a greater area of land than was occupied.

(b)

Transfer of a nonconforming use. A nonconforming use shall not be transferred or moved in whole or in part to any portion of the lot or parcel other than that occupied by such use on the effective date of adoption of this article.

(c)

Cessation of a nonconforming use. If a nonconforming use of land ceases for any reason for more than six (6) continuous months or for a period of twelve (12) months within any three-year period, any subsequent use of such land shall conform to the regulations for the zoning district in which such land is located.

(d)

Expansion or enlargement. A nonconforming use shall not be expanded or enlarged. However, the structure containing a nonconforming use may be modernized, upgraded, renovated, refurbished, restored, or updated as a means to continued maintenance and investment by the owner. In addition to normal repair and maintenance as provided herein, a building or structure housing a nonconforming use may be modernized if the value of such improvement does not exceed fifty (50) percent of the assessed value of existing improvements. Modernization of this magnitude shall occur not more than once every five (5) years.

(e)

Replacement. Any structure occupied by a nonconforming use that has been destroyed or has deteriorated to the extent of seventy (70) percent or more of the assessed valuation of the structure shall not be replaced, unless the replacement is consistent with the requirements of this chapter.

(Ord. No. 684, Art. VI, § 4, 7-25-00)

(a)

Continuance. If a lawful structure exists on the effective date of this article that could not be built in the zoning district within which it is located by reason of changes or restrictions to minimum lot area, maximum lot coverage, building height, required yards and setbacks, location on the lot or other requirements concerning the structure, such structure may be continued so long as it remains otherwise lawful, subject to the provisions listed below:

(1)

Enlargement or alternation. The nonconforming structure shall not be enlarged or altered in a way which increases or extends its nonconformity, but any structure or portions thereof may be altered to decrease its nonconformity.

(2)

Damage or destruction. Should such nonconforming structure or nonconforming portion of a structure be destroyed or damaged by any means to an extent of more than fifty (50) percent of the assessed value of the structure at the time of destruction, or damage, it shall not be reconstructed except in conformity with the provisions of this article.

(b)

Relocation. Should any structure be relocated for any distance whatever, the structure shall thereafter conform to the regulations for the district in which it is located.

(c)

Exception. If a residential structure, or approved accessory structures, is destroyed or damaged by a catastrophic event including hurricane or tropical storm, fire, flood, explosion, collapse, wind, war, or other event, the structure may be reconstructed or repaired without regard to the extent of destruction or damage. The reconstruction or repair shall not increase the height of the building, number of dwelling units, or total num-ber of square feet unless the comprehensive plan and the applicable zoning district regulations applicable at such time permit a greater number of dwelling units.

(Ord. No. 684, Art. VI, § 5, 7-25-00)

(a)

Existing structures and premises. If, on the effective date of this article, a lawful use exists which involves individual structures, or structures and premises in combination, and such use would not be permitted by the zoning district within which the structures and premises are located, regulations imposed, then the standards listed below shall apply.

(1)

Alteration prohibited. A structure shall not be enlarged, expanded, extended, moved or structurally altered except in changing the use to one permitted in the zoning district.

(2)

Extension of nonconforming uses. Any nonconforming use may be extended through parts of a building manifestly arranged or designed for such use on the effective date of this article, but such use shall not be extended to occupy any land outside the affected building or structure.

(3)

Modernization. The provisions of this section shall not prohibit a nonconforming use from the installation of those improvements, internal relocations, alterations, enhancements, or similar construction which allow such use to modernize or otherwise enhance architectural appearance. Such improvements shall comply with the standards listed below:

a.

The overall size, impact, or use is not expanded.

b.

Additional impacts, including traffic, and demand for water and sewer service, will not be created.

c.

The nonconformity of the structure is not increased.

d.

Installation of additional landscaping, screening, buffering, parking, etc., occurs to minimize or mitigate the impact of the nonconforming use.

(b)

Establishment of new use. If a nonconforming use of a structure, or structure and premises, is superseded by a permitted use, such use shall thereafter conform to the regulations for the district, and a nonconforming use thereafter shall not be initiated or resumed.

(c)

Abandonment. If a nonconforming use of a structure, or structure and premises in combination, excluding single-family dwellings, is discontinued or abandoned for six (6) consecutive months or for twelve (12) months during any three-year period, the structure, or structure and premises in combination, shall not thereafter be used except in conformity with the regulations of the zoning district in which it is located.

(d)

Removal or elimination. Where nonconforming use status applies to a structure and premises in combination, and should the structure and premises be destroyed or damaged by any means to an extent of more than seventy (70) percent of the assessed value of the structure at the time of destruction, or damage, it shall not be reconstructed except in conformity with the provisions of this article.

(Ord. No. 684, Art. VI, § 6, 7-25-00)

Certain characteristics of use, such as signs, off-street parking, landscaping, or other matters pertaining to the use of land, structures or premises, may be made nonconforming by adoption of this article. In this event, a change to such characteristics of use shall not be made which increases nonconformity with the requirements of this Code. However, a change may be made which decreases any nonconforming characteristic of use.

(Ord. No. 684, Art. VI, § 7, 7-25-00)

(a)

Repair and maintenance. The structure or building within which a nonconforming use is located shall be maintained or repaired subject to the criteria listed below:

(1)

Expansion prohibited. The repair and maintenance shall not result in an expansion in the size of the nonconforming use.

(2)

Enlargement prohibited. The repair and maintenance shall not result in an enlargement of the nonconforming use.

(3)

Value. The value of the repair or maintenance, when calculated for an entire calendar year, shall not exceed twenty (20) percent of the assessed value of the improvements.

(4)

Waiver. The town commission may waive this limitation, based on compliance with the following standards:

a.

Repair or maintenance will assist in maintenance of property values;

b.

Repair or maintenance will assist in maintaining values of surrounding properties;

c.

Repair or maintenance will assist in reducing adverse impacts on adjacent neighbors through the use of buffering, screening, and landscaping; and

d.

Repair or maintenance will assist in reducing or eliminating any structural, landscaping, signage, and related nonconformities.

(5)

Repairs not permitted. Repair or maintenance shall not be permitted on any nonconforming structure, structure housing a nonconforming use, or any nonconforming use and structure in combination that has experienced deterioration in excess of seventy (70) percent of the assessed value of the improvements.

(b)

Structural safety. The provisions of this section shall not prevent repairs, maintenance, or construction that will eliminate any structural or related failures that are deemed unsafe or pose a threat to the public health, safety, or welfare. The repair, maintenance, or construction shall be ordered by the building official.

(Ord. No. 684, Art. VI, § 8, 7-25-00)

Any use which is permissible as a special exception in a zoning district, but was legally established before the effective date of this chapter, shall be considered a conforming use. The exemption for special exceptions shall not apply to a change from one nonconforming use to another, as permitted by this chapter.

(Ord. No. 684, Art. VI, § 9, 7-25-00)