Lawful nonconformities established. Where there exists lots, structures, premises or uses of land and structures within the districts established by this division which were lawful at one time but which would now be prohibited, regulated, or restricted, these lots, structures, or uses of land and structures may continue as legal nonconformities provided they meet the conditions established in this article.

(Ord. No. 17-2000, § 310, 7-20-00; Ord. No. 34-2001, § 1, 8-15-02)

If a lot of record exists which was platted and recorded in the office of the clerk of the circuit court of Palm Beach County prior to August 18, 1994, and does not conform to minimum area or dimensional requirements for the zoning district in which it is located, the lot may be used for any use permitted in the district. A lot of record must comply with other density and land development regulations of the zoning district. Lots of record must be held in separate ownership and cannot help form or be part of a continuous frontage with other lots held in the same ownership.

(Ord. No. 17-2000, § 311, 7-20-00)

Any use which requires a minimum land area or lot size shall not be located on a lot of record unless the lot of record complies with the minimum land area requirement.

(Ord. No. 17-2000, § 312, 7-20-00)

If a legal use of land exists and such use would no longer be permissible pursuant to the regulations currently existing and hereafter adopted, such use may be continued as a legal nonconformity. The use shall comply with all requirements of this chapter, and is subject to the criteria listed below:

(a)

Expansion. A nonconforming use shall not be enlarged, increased, or expanded to occupy a greater area of land than was previously occupied on the date the use became non-conforming. Additional structures that do not comply with the requirements of this chapter shall not be erected in connection with such nonconforming use.

(b)

Relocation of structures. A nonconforming use shall not be moved in whole or in a part to another portion of the lot or parcel occupied by that use.

(c)

Cessation of use. If any nonconforming use of land ceases for any reason for a period of more than six consecutive months, any subsequent use of the land shall conform to the regulations for the district in which located.

(Ord. No. 17-2000, § 313, 7-20-00; Ord. No. 34-2001, § 1, 8-15-02; Ord. No. 11, 2013, § 18, 9-10-13)

If a lawful structure or improvement existed at one time and the structure or improvement would not be permitted due to changes or restrictions on area, lot coverage, building height, required yards, type or amount of landscaping, or other characteristics of the structure or its location on the lot, the structure or improvement may be continued indefinitely. In order to continue indefinitely, the structure or improvement must remain consistent with all applicable land development regulations, and is subject to the additional standards listed below.

(a)

Normal maintenance. Maintenance shall not exceed limits established in section 78-717.

(b)

Expansion. A structure or improvement may not be expanded, enlarged, or altered in a way which increases its nonconformity. A nonconforming structure or improvement may be expanded if the expansion is consistent with all requirements of this division, subject to approval by the BZA. The expansion may be approved subject to the following standards:

(1)

The expansion will reduce the impact of the nonconformity; and

(2)

The expansion will not create additional structures or uses prohibited in the zoning district; and

(3)

The value of the expansion does not exceed 50 percent of the value of the structure or improvements.

(c)

Destruction. If a nonconforming structure or improvement is destroyed by any means to an extent of 50 percent or more of its assessed value as determined in the latest tax Palm Beach County tax roll, the structure or improvement shall not be reconstructed except in conformity with this division.

(d)

Relocation. A nonconforming structure or improvement shall not be relocated or moved in whole or in a part to any other portion of the lot or parcel occupied by that structure.

(e)

Cessation of use. If any nonconforming use of a structure ceases for any reason for a period of more than six consecutive months or for 18 months in three consecutive years, any subsequent use of the structure shall conform to the regulations of the district in which located.

(Ord. No. 17-2000, § 315, 7-20-00; Ord. No. 34-2001, § 1, 8-15-02)

If a lawful use of a structure or of a structure and premises in combination existed at one time that is not permissible in the zoning district under the terms of this chapter, the lawful use may continue so long as it remains otherwise lawful and meets all other land development regulations, including the standards listed below.

(a)

Expansion. An existing structure devoted to a use not permitted by this chapter in the zoning district in which it is located shall not 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. A nonconforming structure or improvement may be expanded if the expansion is consistent with all requirements of this chapter, subject to approval by the planning, zoning, and appeals board. The expansion may be approved subject to the standards of section 78-53.

(b)

Normal maintenance. Maintenance shall not exceed limits established in section 78-717.

(c)

Supersession. Any structure or structure and land 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 the structure is located, and the nonconforming use may not thereafter be resumed.

(d)

Cessation of use. When a nonconforming use of a structure or structure and premises in combination is discontinued or abandoned for six consecutive months or for 18 months in three consecutive years, the structure or structure and premises in combination shall not thereafter be used except in conformance with the regulations of the zoning district in which it is located.

(e)

Removal or destruction. If nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land.

(Ord. No. 17-2000, § 316, 7-20-00; Ord. No. 34-2001, § 1, 8-15-02; Ord. No. 17-2004, § 5, 6-3-04)

Normal maintenance or repair of a nonconforming structures or structures where nonconforming uses are located may be performed during any calendar year provided that the value of improvements do not exceed 20 percent of the assessed value of the structure. Repair or replacement of nonbearing walls, fixtures, electrical wiring, and plumbing may occur, but are included within the value limits established herein.

(Ord. No. 17-2000, § 317, 7-20-00; Ord. No. 34-2001, § 1, 8-15-02)

The grant of a variance by the BZA shall eliminate a specific nonconformity or nonconformities, unless the applicant or owner fails to comply with applicable time limits. The grant of a variance shall place the nonconformity into a conforming status.

(Ord. No. 17-2000, § 318, 7-20-00; Ord. No. 34-2001, § 1, 8-15-02)