It is the purpose of this article to provide for the regulations of nonconforming uses and structures which existed lawfully (whether by special exception, variance, or otherwise) on the effective date of passage or amendment of this chapter and which fail to conform to any of the applicable regulations contained herein. Nonconforming uses are deemed to be: incompatible with and detrimental to permitted uses and structures in the zones in which they are located; the cause of disruption of the comprehensive land use patterns of the city; an inhibition of present and future development of nearby properties; conferring upon their owners and users an absolute franchise and hence a position of unfair advantage. A rigid control on expansion and the eventual elimination or reduction to conformity, as expeditiously as is reasonable, of nonconforming uses or structures is declared to be as much a subject of health, safety and welfare as is the prevention of the establishment of new uses that would violate the provisions of this chapter.

(Ord. No. O-90-21, § 10, 10-17-90)

Any nonconforming building or structure may be continued subject to the following conditions and requirements:

(A)

Repairs, Alterations and Enlargements. Any nonconforming structure may be repaired or altered subject to the provisions of this article, provided there is no increase in nonconformity.

(B)

Restoration.

(1)

Damage less than fifty (50) percent of restoration cost: If a nonconforming structure is damaged by any means to the extent that the cost of restoration would be less than fifty (50) percent of the replacement cost of the entire building or structure at the time of the damage, such structure may be restored subject to the following provisions:

(a)

No nonconformity shall be increased beyond its extent prior to the damage.

(b)

Restoration shall be completed within twelve (12) months after the infliction of the damage.

(2)

Damage or deterioration more than fifty (50) percent of restoration cost: If a nonconforming building or structure is damaged or deteriorated by any means to the extent that the cost of restoration would equal or exceed fifty (50) percent of the replacement cost of the entire building or structure, it shall not be restored and may be replaced only by a conforming building or structure.

(Ord. No. O-90-21, § 10, 10-17-90)

Any nonconforming use of a building or land may be continued subject to the following conditions and requirements:

(A)

Expansion. A nonconforming use of a building, structure or land shall not be expanded into any other portion of such building, structure or lot occupied by such use.

(B)

Change. The nonconforming use of a building, structure or land may be changed only to a conforming use except as provided. If a nonconforming use of a building, structure or land has been changed to a conforming use, it may thereafter be changed only to another conforming use.

(C)

Existing use. Any existing use which is classified as a conditional use in the zone in which it is located shall be deemed to have been authorized subject to maintaining the existing character and extent of operations and structures.

(D)

Discontinuance. A nonconforming use of a building, structure or land which has been discontinued shall not be returned to a nonconforming use. A nonconforming use shall be considered to be discontinued when the premises have been devoted to another use or the premises have been vacant for a period of two (2) months.

(E)

Elimination. Any use existing on the effective date of this chapter or any amendment to it which is classified as a nonconforming use in the zoning classification in which it is located shall be terminated by the year 2010. By July 1, 2001, the code enforcement officer shall issue a special certificate of occupancy to the owner of all nonconforming uses, which shall state the future date of termination of the nonconforming use, and said special certificate of occupancy shall be prominently displayed on said property.

Any owner that perceives the year 2010 date to constitute a unique hardship may apply to a nonconforming use amortization board which is hereby created. The five-person board shall be appointed by the city commission and shall include at least one (1) accountant familiar with tax and business law, and one (1) architect or builder. All applications for extensions must be submitted to the code enforcement officer by January 1, 2002; said applications must be accompanied by an appraisal, and a statement of what is unique to this use and structure. No extension shall be granted beyond the year 2020.

(F)

Requirements for nonconforming community residences and recovery communities. A community residence or recovery community located in the City of Oakland Park as of the date of adoption of this section that does not currently have all available licenses or certifications from the State of Florida and that does not have all available licensure, certification, or recertification from the designated state entity or an Oxford House Charter within nine (9) months after the adoption of this section shall no longer constitute a legal nonconforming use and must cease operation by the date that is exactly nine (9) months after the adoption of this section or within sixty (60) days of the date on which all available certification, recertification, or the required license or Oxford House Charter is denied, whichever date comes first. Such a community residence or recovery community must either return residents to their families or relocate them to safe, secure housing within sixty (60) days of the date on which all available certification, recertification, charter, or license is denied or by the date that is exactly nine (9) months after the adoption of this Ordinance, whichever date comes first.

(1)

Except for state licensed community residences for seven to 14 individuals established under Chapter 419 of the state statutes, to continue to constitute a legal nonconforming use, a community residence located in Oakland Park as of the date of adoption of this Ordinance that is occupied by more than ten (10) unrelated individuals is required to obtain by the date that is exactly nine (9) months after the adoption of this section, conditional use approval to house more than ten (10) unrelated individuals in accord with section 24-71(C) of this Code. The number of occupants of a community residence may not exceed the maximum number allowed under the city's Housing Code or the number authorized under the community residence's state certification or license, whichever is less.

(2)

The number of occupants of a recovery community that is a legal nonconforming use may not exceed the maximum number allowed under the city's Housing Code or the number authorized under the recovery community's state certification or license, whichever is less.

(Ord. No. O-90-21, § 10, 10-17-90; Ord. No. O-1999-013, § 11, 9-1-99; Ord. No. O-2020-004, § 2, 2-19-20)

Editor's note— Ord. No. O-2020-008, § 2, adopted June 17, 2020, repealed § 24-208, which pertained to nonconforming lots in R-1 and R-2 zoning districts and derived from Ord. No. O-90-21, § 10, adopted Oct. 17, 1990 and Ord. No. O-2008-008, § 1, adopted Feb. 6, 2008.

See section 24-105(C)(4) for nonconforming landscaping and section 24-80(F) for nonconforming parking provisions.

(Ord. No. O-90-21, § 10, 10-17-90)

Other nonconforming site features such as pervious area may be continued.

(Ord. No. O-90-21, § 10, 10-17-90)