In addition to the other remedies provided in this chapter and by the city's code enforcement board ordinance and by general law, the city shall, at its discretion, have the right to seek the aid of the courts of the state with respect to the enforcement of the provisions of this chapter, which rights shall include the right to seek injunctive relief against such persons as may be determined by the city staff to be in violation of the terms and provisions hereof. If the city shall thus exercise such discretion and in the event the city shall prevail in such judicial efforts, the city shall have the right to demand and the right to receive, as damages against such persons, all costs of court and expenses, including reasonable attorney's fees, which the city may have suffered as a result of the enforcement of the terms, conditions and provisions hereof against such person from whom such relief is sought.

(Ord. No. 83-2-497, art. 25, § 1, 2-24-83)

Any person violating any of the terms, conditions, regulations, limitations, or provisions of this chapter shall, upon conviction, be deemed guilty of a misdemeanor and shall be punished as provided in section 1-7. Each day any violation of the terms, conditions, regulations, limitations or provisions of this chapter shall continue to exist shall constitute a separate and distinct offense, punishable as provided in this section. Any continuing violation of the terms, conditions, regulations, limitations or provisions of this chapter may be enjoined and restrained by injunctive order of the circuit court in appropriate proceedings instituted for such purposes, notwithstanding that the criminal provisions shall have been imposed.

(Ord. No. 83-2-497, art. 25, § 2, 2-24-83)

In order to enact the provisions contained within this chapter, the city shall establish the title of zoning administrator. The zoning administrator shall be responsible for the implementation, administration, interpretation and enforcement of the provisions contained within this chapter. The city manager or his designate shall serve as the zoning administrator.

(Ord. No. 91-11-800, § 3(Exh. A(art. 1, § 4)), 11-14-91)

Any building or structure for which a lawful building permit has been issued prior to February 24, 1983, may be completed and used in accordance with the plans and specifications upon which such building permit was granted, and such rights shall continue during the life of the permit, provided that if the applicable building permit shall expire or shall be lawfully revoked, such rights shall be lost.

(Ord. No. 83-2-497, art. 4, § 3, 2-24-83)

(a)

The issuance or granting of a permit or approval of plans and/or specifications shall not be deemed or construed to be a permit for or an approval of any violation of any of the provisions of this chapter. No permit presuming to give the authority to violate or cancel the provisions of this chapter shall be valid except insofar as the work or use which it authorizes is lawful.

(b)

The issuance of a permit upon plans and specifications shall not prevent the enforcing officer from thereafter requiring the correction of errors in such plans and specifications or from preventing building operations being carried on thereunder when in violation of this chapter or any ordinance of the city.

(Ord. No. 83-2-497, art. 4, § 17, 2-24-83)

When a request for a change in zoning has been denied, no further request therefor shall be considered for the same zoning involving the same land or an area greater than 50 percent thereof during a period of 180 days from the date of such denial; provided, however, the governing body may initiate a zoning change of any nature at any time.

(Ord. No. 83-2-497, art. 4, § 4, 2-24-83)

The purpose of this division is to provide a uniform procedure concerning the review of and proposals for amendments to this chapter, and with respect thereto, to provide for the continued integrity of these regulations; to adapt to changes in the community; and to allow the public an adequate opportunity to be heard concerning issues arising under or incidental to these regulations and amendments hereto. Whenever the public necessity, convenience, general welfare or good zoning practice and planning techniques require, the governing body may, by ordinance duly adopted in accordance with the procedures set forth in this division, amend and/or supplement these regulations, the district boundaries or classifications of property now or hereafter established hereunder or by amendments hereto.

(Ord. No. 83-2-497, art. 24, § 1, 2-24-83)

(a)

An application for the change of zoning district boundaries or the specific zoning district applicable to any plot may be filed at the initiation of the governing body, the board, the owner of the applicable property or such owner's designee with the community development staff on such forms as the city shall prescribe. The form of the application shall provide for:

(1)

The name and address of the owner and/or applicant of the applicable real property;

(2)

The authority of the applicant if other than the owner or the governing body or the board;

(3)

The location of the real property;

(4)

The future land use map designation and the zoning district in which the real property lies at the time of the application;

(5)

The size of the parcel to which the application pertains, stated in acreage and square footage;

(6)

Rationale and justification for the proposed change in zoning;

(7)

As applicable, traffic generation analysis, traffic impact analysis, public facility impact analysis and economic impact analysis;

(8)

Such other information as the city clerk shall require.

(b)

Such application shall be accompanied by a survey, signed and sealed by a licensed land surveyor and certified to a date not less than 180 days previous to the date of such application. Such survey shall show any and all contiguous roadways, applicable points of ingress and egress, any and all easements applicable to the property and any improvements thereon.

(c)

The application shall be accompanied by a certificate of an attorney licensed to practice in Florida or title and abstract company describing the ownership of the property and all mortgage encumbrances thereon.

(d)

An application for rezoning, except those initiated by the governing body or the planning and zoning board, shall be accompanied by a filing and processing fee as provided by ordinance.

(Ord. No. 83-2-497, art. 24, § 2, 2-24-83; Ord. No. 03-07-1089, § 2, 7-22-03)

(a)

In addition to the public hearings required by F.S. § 166.041, the planning and zoning board shall hold a public hearing on all proposed amendments to zoning district boundaries and zoning district regulations. Notice of such public hearing shall be published at least once in a newspaper of general circulation in the city and such publication shall appear at least 14 calendar days prior to the date set for such public hearings. The notice shall specify the time and place for such hearing and the matter to be considered thereat. Such hearing shall only be held at a regular or special board meeting.

(b)

In addition to the notice requirements of F.S. § 166.041, with respect to amendments to zoning district boundaries which involve less than five percent of the land area of the city, the city shall hold two public hearings which shall be held approximately 14 days apart, and notice of such hearings shall be published at least once in a newspaper of general circulation in the city and such publication shall appear at least 14 calendar days prior to the date set for the first public hearing and seven calendar days prior to the date set for the second public hearing.

(c)

In connection with hearings held pursuant to an application for a change in district boundaries or the application of a particular zoning district classification all owners of property within 300 feet of the land which is subject to the application shall be given notice of such hearing by mail. Such notice shall be mailed at least 14 days prior to the date of the hearing. For the purposes of this notification, the tax rolls of the county property appraiser shall control with respect to the designated owner and such owner's address.

(Ord. No. 83-2-497, art. 24, § 3, 2-24-83; Ord. No. 21-04-1424, § 2, 4-13-21)

With respect to any pending legislation concerning an amendment or supplement to this chapter and any applications for the change of zoning district boundaries, the reviewing agencies shall consider and evaluate changes in relation to all pertinent factors, including the following:

(1)

Conformity to and consistency with the goals, objectives, policies and land uses adopted in the city's comprehensive plan;

(2)

The purpose of the requested district and the nature of its permitted uses.

(3)

The applicable portions of any current municipal plan and programs such as land use, trafficways, recreation, schools, neighborhoods, drainage and housing.

(4)

The needs of the city for land areas for specific purposes to serve the population and economic activities.

(5)

Whether there have been substantial changes in the character of development in or near the area under consideration.

(6)

The impact of the proposed change on the balance of uses established in the comprehensive plan and compliance with the established percentage limitation on rezoning of parcels with a commercial or industrial land use designation. In no case shall more than 20 percent of the acreage designated as commercial nor more than 20 percent of the acreage designated as industrial on the city's future land use map be rezoned to a non-business or non-industrial zoning district. This percentage limitation shall be cumulative commencing on the effective date of the ordinance amending this section, July 22, 2003.

(7)

The facts and opinions presented to the reviewing agencies through public hearings.

(8)

The anticipated impact of the development proposal or the maximum development permissible under the requested zoning upon the natural environment, the economy, the housing market and existing and programmed public facilities and services, and surrounding properties. The following considerations should be evaluated:

a.

Access, traffic generation and road capacities. Consideration will be given to the design capacity of the adjacent roadways, the current and projected volume/capacity ratio of the roadways, the particular traffic generation characteristics of the proposed rezoning including the type of vehicular traffic associated with uses permitted under the proposed zoning category.

b.

Availability of and impacts upon the capacity of utilities, community facilities and public services such as police and fire protection, water and sewer service, and schools.

c.

Impacts on the city's economic base, property values and the ability to develop vicinity properties.

(9)

Any additional factors or considerations which may be reasonably calculated to materially affect public health, safety and welfare.

(Ord. No. 83-2-497, art. 24, § 4, 2-24-83; Ord. No. 03-07-1089, § 3, 7-22-03)

When an amendment in this chapter or in the application of any particular zoning district classification to land is being considered upon application submitted in accordance with this division, there shall be imposed a moratorium on the issuance of all building permits and occupational licenses with respect to the area which is the subject of such amendment. Such moratorium shall continue in effect for a period from the date of the application until the subject legislation, with or without amendments, shall have been approved or disapproved or for a period of six months, whichever is sooner, unless the issuance of such permit or license would be in conformity with both the legislation existing at the time of the application and the legislation which is the subject of the application.

(Ord. No. 83-2-497, art. 24, § 5, 2-24-83)

(a)

Whenever it shall appear to the city manager that it is in the public interest to make a comprehensive determination as to whether existing zoning districts and regulations applying to a portion of the area of the city are appropriate, and it further appears to the city manager that the said existing zoning districts and regulations may be detrimental to the said area, using the criteria set forth herein, should they continue to remain applicable and building permits are issued predicated thereon, the city manager shall immediately issue an administrative order delineating the area(s) in question and prohibiting the issuance of any permits except as provided in this section.

(b)

Any administrative order shall be complied with by all city personnel, and shall be effective until reversed or modified by resolution of the city commission.

(c)

Upon issuance of an administrative order, the city manager shall place the matter on the next available city commission agenda for review and adoption of a resolution confirming the administrative order.

(d)

Should the city commission determine that the city manager's development order should be validated, it shall adopt a resolution affirming the administrative order, and directing that no permits be issued within the affected area during the period of time covered by the resolution unless such are consistent with the administrative order and the resolution. The city commission's order may fix a time within which the city manager shall report back to the city commission with his/her recommendations relating to appropriate zoning districts and regulations for the affected areas. The said time limitation shall be the minimum reasonable time based upon the time needed for a comprehensive analysis of the area.

(e)

Should the city manager be unable to report back to the city commission within the time prescribed by its resolution, upon timely request by the city manager the city commission may reasonably extend the time limitation upon the adoption of a resolution.

(f)

When zoning in progress is in place pursuant to this section, upon notification by the city manager that he/she is prepared to submit his/her recommendations relating to the affected area, a public hearing will be held by the city commission at the earliest practicable time, after reasonable notice by publication in a newspaper of general circulation in the city. Should the city commission determine that the applicable zoning districts and regulations should be changed, or new districts or regulations should be created, it shall immediately initiate the actions required elsewhere within this Code for such changes.

(g)

At the public hearing required in subsection (f), the city commission shall consider the propriety of proposed changes to the land development regulations recommended by the city manager. The city commission's determination shall be predicated upon the reasonable necessity for a detailed comprehensive analysis of the area in question and the probability of detriment to the character of the area by the continued application of the existing zoning districts and regulations using criteria including, but not limited to, the following:

(1)

To promote redevelopment and eliminate the causes of physical and economic blight;

(2)

To enrich the visual and functional quality of the streetscape for all user groups;

(3)

To enhance North Lauderdale with a "Hometown USA" character and image;

(4)

To create housing/affordable housing opportunities and choices by presenting innovative mixed land-use proposals;

(5)

To create an environment which fosters economic development through commercial redevelopment/revitalization, investment and job creation;

(6)

To create opportunities and incentives that facilitate redevelopment of private property;

(7)

To improve circulation for pedestrians, bicyclists and motorists;

(8)

To maintain North Lauderdale's strong demographic make-up and enhance the community's competitive position within Broward County;

(9)

Improper land use distribution; or

(10)

Any other factor which has a deleterious effect on the quality of life of the residents of the area, economic viability and overall environment.

(h)

Upon the completion of the consideration of all zoning district changes relating to the affected area, and adoption of same, the zoning in progress initiated under this section shall terminate.

(i)

Notwithstanding the issuance of any administrative order, the city manager may in his/her discretion, authorize the issuance of building permits for nondeleterious items, including, but not limited to, fences, repairs, utilities, maintenance, and like matters that are not directly affected by the proposed changes to the zoning code.

(j)

During the existence of the zoning in progress, no applications for variances, special exceptions, zoning district changes or any other regulatory approvals, within the affected area, shall be acted upon by any city department, except as provided by the city commission in its resolution or upon confirmation by the city manager that such application, if approved, would be consistent with the contemplated amendments to the land development regulations.

(k)

If a building permit has been issued for any proposed building, structure, or other improvement in an area of the city that is subsequently subject to a zoning in progress established pursuant to this section pursuant to the terms of this article, and no actual construction or substantial land development has been initiated prior to the issuance of the administrative order by the city manager, said permit shall be revoked unless the said building permit comes within the terms of subsection (i) above. In the event of revocation, any permit fees paid to the city shall be refunded in full.

(l)

This section is intended to provide an administrative and legislative procedure to confirm "zoning in progress," and is not to be interpreted as precluding the city commission from establishing "zoning in progress" through any other means supportable under Florida law to establish the necessary active and documented steps to effectuate "zoning in progress."

(Ord. No. 2005-06-1132, § 2, 6-14-05)

It is the purpose of this division to provide procedures and guidelines for the hearing of appeals from any decision of an administrative official relative to the enforcement of the requirements of this chapter and the authorization of variances from the requirements of this chapter.

(Ord. No. 83-2-497, art. 23, § 1, 2-24-83)

Any appeal stays all proceedings in furtherance of the action appealed from, unless the administrative official from whom the appeal is taken certifies to the governing body that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life and property. In such case, proceedings shall not be stayed other than by a restraining order which may be granted by the governing body or by a court of record upon application.

(Ord. No. 83-2-497, art. 23, § 2, 2-24-83)

The governing body after review and recommendations by the planning and zoning board shall have the following powers and duties:

(1)

Administrative review: To hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the administrative official in the enforcement of this chapter.

(2)

Variances: To authorize upon appeal in specific cases such variance from the terms of this chapter as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this chapter would result in unnecessary hardship.

(Ord. No. 83-2-497, art. 23, § 3, 2-24-83)

(a)

A variance from the terms of this chapter shall not be granted unless and until the governing body determines:

(1)

That special conditions and circumstances exist affecting the land, structure or building involved preventing the reasonable use of such land, structure or building.

(2)

That the circumstances which cause the hardship are peculiar to the property, or to such a small number of properties that they clearly constitute marked exceptions to other properties in the district.

(3)

That the literal interpretation of the provisions of this chapter would deprive the applicant of a substantial property right that is enjoyed by other property owners in the district. It is of no importance whatever that the denial of the variance might deny to the property use in a more profitable way, or to sell it at a greater profit than is possible under the terms of this chapter.

(4)

That the hardship is not self-created or the result of mere disregard for, or ignorance of, the provisions of this chapter.

(5)

That the variance is the minimum variance that will make possible the reasonable use of the property, and that the variance will be in harmony with the general purposes and intent of this chapter and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare.

(b)

In granting a variance the governing body may prescribe appropriate conditions and safeguards as are in their opinion necessary to protect the public interest. Violations of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this chapter.

(c)

Under no circumstances shall the governing body grant a variance to permit a use not generally permitted in the district involved, or any use expressly or by implication prohibited by the terms of this chapter in such district.

(Ord. No. 83-2-497, art. 23, § 4, 2-24-83)

Editor's note— Ord. No. 96-11-913, § 1, adopted Nov. 12, 1996, repealed § 106-80, which pertained to notification requirements. See the Code Comparative Table.

A variance which has been granted by the governing body shall be effective for a period of 180 days from the date of issuance, during which time building permits may be issued consistent with such variance. After 180 days, in the absence of an active building permit issued for the subject development, the variance shall expire.

(Ord. No. 83-2-497, art. 23, § 6, 2-24-83)

Within 30 days of a board decision, any person or persons or any taxpayer aggrieved by any decision of the governing body may seek review of such decision in the circuit court for the county, in the manner provided by state law.

(Ord. No. 83-2-497, art. 23, § 7, 2-24-83)

(a)

The owner or the representative of the owner designated by writing, specifically authorizing an application, in the owner's name, for a variance to the requirements of this chapter on an identified parcel of land shall make application, on forms to be provided, with the office of the city clerk.

(b)

The application for a variance shall set forth the request with sufficient detail to reasonably appraise the administrative personnel, the membership of the planning and zoning board and the governing body of the nature, extent, scope and purpose of the proposed variance.

(c)

The city clerk shall examine such application to determine whether all pertinent information has been provided and upon finding same to be in order shall within 30 days forward same to the planning and zoning board for consideration at the next regular meeting of such board.

(d)

The planning and zoning board shall notify the applicant of the date set for a hearing on the application.

(e)

At the time of the hearing on the application the board shall allow both proponents and opponents of the application to be heard and such hearing shall be reported.

(f)

After receiving all relevant materials and information the planning and zoning board shall by vote of a simple majority of members present and voting either recommend approval or disapproval of the application to the governing body and, in the event of a recommendation of disapproval, shall inform the governing body of the reasons for such action. The planning and zoning board may in its discretion recommend approval subject to certain conditions or restrictions.

(g)

The recommendations of the planning and zoning board shall be transmitted to the governing body and placed on the agenda for the next available meeting of the governing body and the applicant shall be notified in writing of the date and time for the hearing on the application.

(h)

The governing body, after hearing all persons desiring to be heard with respect to the application, shall by simple majority vote of those present and voting determine to either grant or deny the application or whether to grant the application subject to certain conditions, restrictions, limitations or requirements as are reasonably calculated to achieve the purpose of this chapter.

(Ord. No. 83-2-497, art. 23, § 8, 2-24-83; Ord. No. 91-11-800, § 3(Exh. A), 11-14-91)

Application fees shall be charged in accordance with ordinance.

(Ord. No. 83-2-497, art. 23, § 9, 2-24-83)

(a)

When the city council has approved or granted a special exception or variance, pursuant to the terms of this article, such approval or grant shall become null and void unless the appropriate building or other permit or license pursuant thereto is applied for in writing (in a form prepared by the community development department) within six (6) months (one hundred eighty (180) days) of the date of such approval or grant. However, the community development director or his designee may authorize an additional six-month extension of such special exception use or variance from the date of the original approval, upon a showing of an appropriate hardship.

(b)

The denial of a six-month extension shall be directly appealable to the city council at the next regularly scheduled city council meeting, which after hearing such decisions of the city council, shall be final as to the specifically requested extension.

(c)

The city council may grant additional extensions beyond the aforementioned combined 12-month period upon a showing of an appropriate hardship.

(d)

Hardship shall be defined herein such that the granting of an extension will not be contrary to the public interests and the general spirit and intent of the zoning regulations and, where owing to special conditions, literal enforcement of the provisions of the zoning regulations will result in an unnecessary hardship in the use of the property involved and, granting permission to the applicant to obtain the extension will not violate the strict terms of the zoning ordinance and the same will uphold the spirit of the ordinance and yet permit substantial justice.

(Ord. No. 93-5-849, § 2, 5-27-93)

(a)

Any lawful use of land or structures, excluding signs, existing on February 24, 1983, and which by the terms hereof has become a nonconforming use, is hereby declared not to be in violation of this chapter. Such a nonconforming use shall be subject to all of the provisions of this division pertaining to its continuance, change and discontinuance.

(b)

Notwithstanding anything to the contrary in this division, for community facility uses in non-community facility districts, any lawful use of land or structures existing on July 22, 2003, and which by the terms of this chapter has become a nonconforming use, is hereby declared not to be in violation of this chapter. Except as permitted in this subsection, and excluding churches and other religious institutions, any expansion or change in type of use will subject the entire property to the regulations of the district in which it is located in effect at the time of the proposed change. Subject to applicable provisions of this chapter, the character, location, nature, or scope of a community facility use within a building and which has become nonconforming use may be changed provided the cumulative square footage of gross floor area devoted to community facility uses within the building does not increase. Changes of tenancy, ownership or management of a nonconforming community facility use shall otherwise be subject to the provisions of section 106-105(d) of this chapter. For example, if the cumulative square footage of gross floor area devoted to community facility uses is 45 percent on July 22, 2003, and is subsequently reduced to 35 percent as a result of a commercial use replacing a community facility use, at not time thereafter shall the cumulative square footage of gross floor area devoted to community facility uses exceed 35 percent. If, however, the cumulative square footage of gross floor area devoted to community facility uses is 25 percent on July 22, 2003, and is subsequently reduced to 15 percent as a result of a commercial use replacing a community facility use, pursuant to sections 106-159(b)(1) and 106-467(19) of this chapter, at no time thereafter shall the cumulative square footage of gross floor area devoted to community facility uses exceed 20 percent.

(Ord. No. 83-2-497, art. 5, § 1, 2-24-83; Ord. No. 03-07-1089, § 4, 7-22-03; Ord. No. 20-04-1399, (Exh. A), 4-28-20)

The nonconforming use of a building may be extended throughout any part of a building clearly designed for such use but not so used as of February 24, 1983. 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 party of the building. No nonconforming use shall be extended to occupy any land outside the building on the same plot, not used for such nonconforming use as of February 24, 1983. The nonconforming use of land shall not be extended to any additional land not so used as of February 24, 1983.

(Ord. No. 83-2-497, art. 5, § 2, 2-24-83)

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

(Ord. No. 83-2-497, art. 5, § 3, 2-24-83)

If any nonconforming structure or if any building 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 or reconstruction will exceed 50 percent of the replacement cost of the 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.

(Ord. No. 83-2-497, art. 5, § 4, 2-24-83)

(a)

In any residential district, any change of a nonconforming use in a conforming building shall be to a conforming use.

(b)

In any residential district, a nonconforming use in a nonconforming building shall be changed only to a use permitted in the particular residential district involved, except as provided in subsection (d) of this section.

(c)

Any change of a nonconforming use of land shall be to a conforming use, except as provided in subsection (d) of this section.

(d)

There may be a change of tenancy, ownership or management of a nonconforming use, provided there is no change in the specific character of such nonconforming use, except as may be permitted by this chapter. For example, a nonconforming professional office may continue as a nonconforming professional office after a change in tenancy, ownership or management but may not continue as another commercial or business use. Likewise, a retail store may continue as another type of retail store but not as a laundromat or other type of service establishment.

(Ord. No. 83-2-497, art. 5, § 5, 2-24-83)

(a)

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

(b)

If, for any reason, the nonconforming use of a building ceases or is discontinued for a period of 180 days or more, the building shall not thereafter be used for the same or any other nonconforming use.

(c)

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.

(d)

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. 83-2-497, art. 5, § 6, 2-24-83)

Any legal nonconforming use or structure may be continued.

(Ord. No. 83-2-497, art. 5, § 7, 2-24-83)

Nothing in this chapter shall be interpreted as authorization for or approval of the continuation of the use of a structure or premises in violation of any ordinance in effect as of February 24, 1983.

(Ord. No. 83-2-497, art. 5, § 8, 2-24-83)

The provisions of this division shall also apply to buildings, structures, land, premises or uses which become nonconforming due to a change or a reclassification of district or become nonconforming due to a change in district regulations. Where a period of time is specified in this division for the removal or discontinuance of nonconforming buildings, structures or uses, such period shall be computed from the effective date of such reclassification or change of regulations.

(Ord. No. 83-2-497, art. 5, § 9, 2-24-83)

The provisions of this division are intended to apply only to nonconforming uses and are not intended to apply to buildings and structures, and their plots, existing as of February 24, 1983, which do not meet the regulations of this chapter for height, yards, plot size, plot area, coverage, separation or other similar dimensional requirements or limitations and maintenance requirements. Any additions, extensions or alterations to such existing buildings or structures shall comply with all applicable provisions of this chapter.

(Ord. No. 83-2-497, art. 5, § 10, 2-24-83)

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

(Ord. No. 83-2-497, art. 5, § 11, 2-24-83)