It is the intent of this article to permit the continuation of those uses of land, structures, signs and characteristics of use which were lawful before the applicable date of passage or amendment of this chapter, but which would be prohibited, regulated or restricted under the terms of this article or future amendments; to permit such nonconformities to continue until they are removed; and to provide that nonconformities shall not be enlarged upon, expanded or extended, nor be used as a basis for adding other structures or uses prohibited elsewhere in the same district.

(Code 1992, § 27-1821; Ord. No. 10-88, § 618.1, 3-1-1988)

The lawful use of land existing at the time of the passage of the ordinance from which this chapter was derived or amendment thereto, although such use does not conform to the provisions hereof, may be continued, subject to the following provisions:

(1)

No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of the ordinance from which this chapter was derived unless such use is changed to a use permitted in the district in which such use is located or is a nonconforming use specified in section 27-1531.

(2)

No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of the ordinance from which this section was derived, unless it is a nonconforming use specified in section 27-1531.

(3)

If any such nonconforming use of land ceases for any reason for a period of more than 12 months, any subsequent use of such land shall conform to the regulations specified by this chapter for the district in which the land is located, unless specified otherwise in section 27-1531.

(4)

No structure which does not conform to the requirements of this chapter shall be erected in connection with such nonconforming use of land.

(Code 1992, § 27-1822; Ord. No. 10-88, § 618.2.D, 3-1-1988; Ord. No. 29-96, § 1, 7-16-1996; Ord. No. 61-96, § 2, 1-7-1997; Ord. No. 36-11, § 3, 11-15-2011)

When a lot has an area, depth or width which does not conform to the requirements of the district in which it is located, but was a lot of record in Palm Beach County on March 1, 1988, such lot may be used or developed, provided the following regulations are met and provided the proposed development of the lot is otherwise consistent with the town's comprehensive plan and meets other applicable land development regulations:

(1)

Lots other than corner or double frontage lots.

a.

Residential district. There shall be building side setbacks, the width of each being not less than five feet and both building side setbacks together totaling at least 15 feet. Building rear setbacks shall be a minimum of ten feet.

b.

Commercial and industrial districts.

1.

Front and rear building setbacks. The front and rear building setbacks for lots in commercial and industrial districts shall be in proportion to the ratio of such setback requirements to the minimum lot depth requirement established for the zoning district in which the property is located. In any event, the minimum front and rear building setback requirements for each such lot, tract or parcel of land shall not be less than 20 feet for each setback.

2.

Side building setbacks. There shall be no required side building setbacks for structures other than wood frame, provided any buildings or structures without side building setbacks shall adequately provide protection from water runoff onto adjacent lots or structures. Structures of wood frame shall have side building setbacks of a minimum of ten feet. Where no side yard is provided, a six-inch water supply with fire hose connection shall be installed in the rear yard.

(2)

Corner lot or double frontage lots.

a.

Residential. The building side setback lines for a corner or double frontage lot shall be no less than 12 feet on the portion bordering the street; both building side setbacks together shall total no less than 20 feet.

b.

Commercial. When the building is utilizing a common or party wall, no setback is required from the adjoining lot; however, an eight-foot setback shall be adhered to on the portion bordering the street.

(3)

Residential lot coverage. The maximum lot coverage for certain nonconforming and substandard lots shall not exceed 40 percent of the total lot area.

(4)

Green space.

a.

Reduction of green space. The minimum green space requirements for those nonconforming or substandard lots of record, other than those identified herein as contiguous lots, shall be in proportion to the ratio of the required amount of green space to the minimum lot area requirement as established for the zoning district in which the property is located.

b.

Calculation. The proportionate amount of green space shall be calculated by dividing the gross site area of the nonconforming lot by the minimum lot area requirement for the applicable zoning district and then applying that ratio to the percentage of green space required.

c.

Contiguous lots. Two or more contiguous lots which are under the same ownership shall be considered a conforming lot and shall meet the area, depth and width requirements of the zoning district, and shall not be permitted to use the reduced green space requirements for nonconforming or substandard lots as set forth in this section.

(Code 1992, § 27-1823; Ord. No. 10-88, § 618.3.A.2, 3-1-1988; Ord. No. 4-00, § 1, 3-7-2000; Ord. No. 21-02, § 2, 3-19-2002)

Mobile home parks, with all lots in single ownership or by combination of persons acting as a unit, that do not meet the following lot requirements or use regulations, shall, within a period of three years from March 1, 1988, reconstruct the mobile home park to meet the requirements.

(1)

Lot minimum requirements.

(2)

Use regulations.

a.

Mobile homes shall be harbored on each space so that there shall be at least a 15-foot lateral (side-to-side) clearance and a ten-foot (end to end) clearance between mobile homes.

b.

No mobile homes shall be located closer than 20 feet from any permanent building or from any property line bounding the park, provided that any buffer zones greater than this distance on March 1, 1988, shall not be reduced.

c.

All mobile home parks within the town shall file a current and accurate site plan with the town, depicting each mobile home space. If it is necessary to reconstruct a park to meet the above requirements, each mobile home space shall be defined by monument or other permanent marker, and a revised site plan filed with the town upon completion of such reconstruction.

(Code 1992, § 27-1824; Ord. No. 10-88, § 618.3.B, 3-1-1988)

The lawful existence of a structure or buildings on March 1, 1988, or on the effective date of amendment to this section, although such structure or building does not conform to the property development regulations of this chapter on area, lot coverage, height, yards or other characteristics of the structure, or its location on the lot, such structure or building may be continued so long as it remains otherwise lawful, subject to the following provisions:

(1)

No such structure or building may be enlarged or altered in a way which increases its nonconformity, but any structure or building or portion thereof may be altered to decrease its nonconformity, except as may be provided in this section.

(2)

If such structure or building is destroyed by any means to an extent of more than 50 percent of its professionally appraised value by a state-certified general appraiser at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this chapter.

(3)

If such a structure or building is destroyed to an extent of less than 50 percent of its appraised value as determined by a state-certified general appraiser, it may be restored, provided it meets the state building code.

(4)

If such structure or building is moved for any reason for any distance whatsoever, it shall thereafter conform to the property development regulations for the district in which it is located after it is moved.

(5)

A nonconforming building or structure which has been damaged solely as a result of an Act of God as defined in this chapter, may rebuild the previous building, provided they comply with the flood elevation requirements established in the state building code.

(Code 1992, § 27-1825; Ord. No. 10-88, § 618.4, 3-1-1988; Ord. No. 26-08, § 6, 9-9-2008; Ord. No. 13-11, § 9, 4-26-2011)

(a)

If a lawful use, involving individual structures, buildings and/or premises in combination thereof, exists on March 1, 1988 or the date of amendment to the ordinance from which this article is derived that would not be allowed in the district in which it is located under the terms of this chapter, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:

(1)

No existing structure devoted to a use not permitted by this article in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved, or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located, except as may otherwise be provided herein.

(2)

Any nonconforming use may be erected throughout any part of a building or structure which was manifestly arranged or designed for such use at the time of adoption or amendment of this article, but no such use shall be extended to occupy any land outside such building.

(3)

Any structure or building, or structure or building and premises in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district in which such structure is located, and the nonconforming use may not thereafter be resumed.

(4)

When a nonconforming use of a structure or building, or structure or building and premises in combination, is discontinued or abandoned for 12 consecutive months or for 18 months during any three-year period except when government action impedes access to the premises, the structure, or structure and premises in combination, shall not thereafter be used except in conformance with the regulations of the district in which it is located.

(b)

Where conforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land unless the land itself is in a nonconforming use. Destruction, for the purpose of this section, is defined as damage to an extent of more than 50 percent of the professionally appraised value of the structure at the time of destruction.

(Code 1992, § 27-1826; Ord. No. 10-88, § 618.5, 3-1-1988)

A nonconforming building may be maintained and repairs and alterations may be made, except that in a building which is nonconforming as to use regulations, no structural alterations shall be made except those required by law. Repairs such as plumbing or the changing of partitions or other interior alterations are permitted.

(Code 1992, § 27-1827; Ord. No. 10-88, § 618.6.A, 3-1-1988)

This article shall not be deemed to require a change in the plans, construction, or designated use of any building on which actual construction was lawfully begun prior to March 1, 1988, or date of amendment to this chapter upon which actual building construction has been diligently carried on. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner; where demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such demolition or removal shall be deemed to be actual construction, provided that work shall be diligently carried on until completion of the building involved.

(Code 1992, § 27-1828; Ord. No. 10-88, § 618.6.B, 3-1-1988)