The lawful use of a building (except such use permitted under temporary nonconforming permits) existing at the time of the adoption of the ordinance from which this section was derived, may be continued although such use does not conform to the provisions of this chapter. Such use may be extended throughout the building, provided no structural alterations except those required by law or ordinance, or ordered by an authorized officer to assure the safety of the building, are made therein. No such use shall be extended to occupy any land outside such building. If such nonconforming building is removed, or the nonconforming use of such building is discontinued for a continuous period of ninety (90) days, every future use of such premises shall be in conformity with the provisions of this chapter.

(Ord. No. 63-5-1, § 4(a), 5-1-63)

The lawful use of land (except such use as permitted under temporary nonconforming permits) existing at the time of the adoption of the ordinance from which this section was derived, although such use does not conform to the provisions of this chapter, may be continued; provided, however, that no such nonconforming use shall be enlarged or increased, nor shall any nonconforming use be extended to occupy a greater area of land than that occupied by such use at the time of the adoption of the ordinance from which this section was derived. If such nonconforming use is discontinued for a continuous period of ninety (90) days, any future use of the land shall be in conformity with the provisions of this chapter. Where land is used at the time of the adoption of the ordinance from which this section was derived for a use excluded from the district in which the land is located, and such use is not an accessory to the use of a main building located on the same lot or grounds, such nonconforming use of land shall be discontinued and all material completely removed by its owner not later than two (2) years from the date of the adoption of the ordinance from which this section was derived.

(Ord. No. 63-5-1, § 4(b), 5-1-63)

If no structural alterations are made, a nonconforming use (except temporary nonconforming use) may be changed to a use of the same or higher classification, according to the provisions of this chapter. When a district shall hereafter be changed, any then existing nonconforming use in such changed district may be continued or changed to a use of similar or higher classification, provided all other regulations governing the new use are complied with. Whenever a nonconforming use of a building has been discontinued or changed to a higher classification, or to a conforming use, such use shall not thereafter be changed to a nonconforming use of a lower classification.

(Ord. No. 63-5-1, § 4(c), 5-1-63)

Nothing in this article shall be taken to prevent the restoration of a building destroyed to the extent of not more than fifty (50) percent of its replacement value by fire, explosion or other casualty, or act of God, or the public enemy, nor the continued occupancy or use of such building or part thereof which existed at the time of such partial destruction.

(Ord. No. 63-5-1, § 4(d), 5-1-63)

Each application for a building permit shall be accompanied by a plot plan in duplicate, either blueprints, photostats or black and white prints, drawn to scale, showing the actual dimensions of the lot to be built upon, shape and location of the building to be erected, and such other information as may be necessary to provide for the enforcement of this chapter. A record of such applications and plot plans shall be kept in the office of the Building Official. Where application is made which, if granted, would enlarge an existing nonconforming use, the application shall be accompanied by an affidavit giving description of the premises and the nonconforming use existing on the date of the adoption of the ordinance from which this section was derived, and such other information as may be required by the Building Official and the Zoning Commission. Every such application for a building permit for enlarging an existing nonconforming use shall be first submitted to the Zoning Commission of the Town for its recommendation, and no such building permit shall be issued by the Building Department of the Town until the Zoning Commission shall have made its recommendation and final action thereon taken by the Town Commission at a regular or special meeting.

(a)

Definitions.

Portable storage unit means any container designed for the storage of personal property which is typically rented to owners or occupants of property for their temporary use and which is delivered and removed by truck.

Site means a piece, parcel, tract, or plot of land occupied or to be occupied by one (1) or more buildings or uses and their accessory buildings and accessory uses which is generally considered to be one (1) unified parcel.

(b)

Residential districts.

(1)

Number. There shall be no more than one (1) portable storage unit per site at any one time. There shall be no more than five (5) portable storage units per site at any one time within a common multi-family development.

(2)

Size. The maximum size of a portable storage unit is eight (8) feet in width, sixteen (16) feet in length and nine (9) feet in height.

(3)

Duration. No portable storage unit shall remain at a site in a residential district in excess of fourteen (14) consecutive days, and portable storage units shall not be placed at any one site in a residential district in excess of twenty-eight (28) days in any calendar year.

The chief building official may allow a portable storage unit to remain at a residential construction site with an active building permit for a period in excess of the time limitations which would otherwise apply, if the chief building official determines that placement of a portable storage unit at the site will not adversely impact the surrounding community and is otherwise appropriate.

(4)

Location. Portable storage units may be temporarily located in single-family districts as long as they are only placed in driveways and not on landscaped areas, in the right-of-way or obstructing the sidewalk. Portable storage units may also be temporarily located in multi-family districts only upon the applicant demonstrating, to the satisfaction of the Town, that the specific location and site has sufficient space to place a portable storage unit and continue to provide adequate parking, public safety access and comply with all health, safety and welfare concerns. Portable storage units temporarily located in multi-family districts may only be placed on paved surfaces and not on landscaped areas, in the right-of-way or obstructing the sidewalk.

(5)

Hurricane storm events. In the event of a hurricane warning by a recognized government agency, all portable storage units shall be removed from all properties and placed in approved storage locations at least twenty-four (24) hours prior to the predicted onset of storm or as soon as reasonably practical. The chief building official may permit an alternate to removal if the portable storage unit vendor submits a tie-down proposal approved by the chief building official and then ties down portable storage unit as approved.

(c)

Nonresidential districts.

(1)

Number. There shall be no more than one (1) portable storage unit per site or business at any one time. The chief building official may allow more than one (1) portable storage unit in industrial areas, if it does not adversely impact the surrounding businesses or area.

(2)

Size. The maximum size of a portable storage unit is eight (8) feet in width, sixteen (16) feet in length and nine (9) feet in height. The chief building official may allow a larger size in industrial areas if it does not adversely impact the surrounding area.

(3)

Duration. No portable storage unit shall remain at a site in a nonresidential district in excess of thirty (30) consecutive days, and portable storage units shall not be placed at any one site in a nonresidential district in excess of sixty (60) days in any calendar year.

The chief building official may allow a portable storage unit to remain at a nonresidential construction site with an active building permit for a period in excess of the limitations which would otherwise apply, if the chief building official determines that placement of a portable storage unit at the site will not adversely impact the surrounding community and is otherwise appropriate.

(4)

Location. Portable storage units shall generally be placed only in the rear or side portions of a site in nonresidential districts. The temporary placement of a portable storage unit in a designated loading area is permissible. Under no circumstances shall a portable storage unit be placed in an area fronting a major road or in front parking lot of a commercial establishment. The placement of portable storage units in fire lanes, passenger loading zones, or public rights-of-way is strictly prohibited.

(5)

Hurricane storm events. In the event of a hurricane warning by a recognized government agency, all portable storage units shall be removed from all properties and placed in approved storage locations at least twenty-four (24) hours prior to the predicted onset of storm or as soon as reasonably practical. The chief building official may permit an alternate to removal if the portable storage unit vendor submits a tie-down proposal approved by the chief building official and then ties down portable storage unit as approved.

(d)

Signage. A portable storage unit shall have no signage other than the name, address and telephone number of the person or firm engaged in the business or renting or otherwise placing the portable storage unit. The sign must be permanently adhered to, or painted on the portable storage unit.

(e)

Maintenance, security and hazardous materials.

(1)

The owner and operator of any site on which a portable storage unit is placed shall be responsible to ensure that the portable storage unit is in good condition, free from evidence of deterioration, weathering, discoloration, rust, ripping, tearing or other holes or breaks.

(2)

The portable storage unit shall be kept locked when not in use.

(3)

The owner and operator of any site on which a portable storage unit is placed shall be responsible that no hazardous substances or materials are stored or kept within the portable storage unit.

(f)

Permits. It shall be unlawful for any person or business entity to place, or permit the placement of, a portable storage unit on property which he, she or it owns, rents, occupies, or controls without first having obtained a permit therefore from the Town. Application for a permit shall be made to the chief building official on a form provided by the Town Building Department. The application shall include the signature of the property owner or the property owner's agent in order to ensure that the property owner has full knowledge of, and consents to, placement of the portable storage unit on the owner's property and the provisions of this article. A permit fee in an amount to be established by resolution of the Town Commission shall accompany the application. The issuance of a permit shall allow the applicant to place the portable storage unit on the property in conformance with the requirements of this chapter. The permit shall be posted in plain view at the site.

(Ord. No. 12-01-02, § 1, 1-11-12)

(a)

Definitions.

(1)

Acquiring authority shall mean the governmental entity proposing to acquire private property for public transportation or other public purposes pursuant to eminent domain proceedings or pursuant to negotiation in lieu of or under threat of the power of eminent domain. Acquiring authorities include, but are not limited to, the Town, Broward County ("County"), the Federal Department of Transportation ("FDOT") or other condemning authority.

(2)

Town shall mean the Town of Pembroke Park.

(3)

Cure shall mean a variance granted pursuant to this section, which authorizes the continued use and enjoyment of private property, as a lawful use, subsequent to the creation of a nonconformity by an acquiring authority.

(4)

FDOT means the Federal Department of Transportation or successor entity.

(5)

Nonconformity means the failure of a lot, parcel, structure or use to comply with the requirements of the Land Development Code including, but not limited to, motor vehicle parking, landscaping, setbacks, lot size, or other criteria, which failure is caused or increased by acquisition of private property by an acquiring authority.

(b)

Procedures for governmental takings and cure plans. The following procedures shall apply to governmental takings and related cure plans:

(1)

Structures, lot size and land use made illegal as a result of governmental acquisition. In the event that an acquiring authority acquires private property for a public transportation facility or other public purpose or facility and the acquisition results in the increase of or the creation of a nonconformity, such private property shall constitute an illegal non-conforming use unless a site plan modification is approved in accordance with this Section.

(2)

Authority and procedures to apply for a site plan.

a.

The acquiring authority and the property owner are each hereby granted the authority to apply for a site plan or site plan amendment to cure nonconformities, pursuant to this section. an application may be made prior to or after the creation of the nonconformity.

b.

Procedures to apply for site plan approval shall conform with Chapter 28 of the Town's Code of Ordinances. Additional procedures shall be followed for a full review as set forth in paragraph (b) of said section and as made applicable to the Town. An application for final site plan approval shall include a development plan that meets the submission requirements set forth in paragraph (c). Additionally, revision of the site plan, withdrawal of the site plan application, issuance of development orders, and the effective period of final site plan approval shall all comply with Chapter 28 of the Town's Code of Ordinances.

(3)

Authority to grant site plan approval. The Town Administrator or designee shall have the authority to approve site plans to cure nonconformities, pursuant to this section.

(4)

Standard for approval or denial of site plans. Existing lots, parcels, structures or uses which become or will become nonconforming or suffer an increase in nonconformity as a result of governmental acquisition by an acquiring authority, shall submit a site plan that amends the existing conditions of the site. The amended site plan shall meet the Town's Zoning and Land Development Code requirements or the applicant may request a variance.

(5)

Status of lots, parcels, structures, or uses after site plan approval. The approval of a site plan shall serve to cure the Nonconformity, subject to implementation of the site plan in accordance with the specific approval granted and in accordance with any conditions imposed upon the site plan.

(c)

Code violations.

(1)

The provisions of this section shall not be interpreted to allow for the continued existence of building or safety code violations that are determined to be an immediate threat to the public health, safety or welfare.

(2)

The Town Administrator or designee is hereby authorized to take any necessary steps necessary to enforce all applicable building and safety codes even though the subject property is part of a pending governmental acquisition.

(Ord. No. 2024-006, § 3, 9-11-24)