Legal nonconforming lots, uses, and/or structures shall be permitted to continue to exist with the limitations set forth in the LDR. Where possible, the applicant shall take action to bring the nonconformity into compliance with the LDR. Subsequent development application may require compliance with the LDR as part of the development order.

The following provisions shall apply to the development of any lot that is not depicted on a plat or record, affidavit of exemption, or affidavit of plat waiver that is valid and in effect.

This Code shall be known as the Land Development Regulations, commonly referred to as the Code or the LDR.

Wellington's Council has the authority to adopt the LDR pursuant to Article VIII, Sec. 2(b), Fla. Const., F.S. chs. 163 and 166, and pursuant to other authorities established by the State of Florida.

A.

Pursuant to Chapter 163, Part II, F.S., known as the Community Planning Act, Wellington is required to prepare and adopt a Comprehensive Plan. Implementation of the Comprehensive Plan shall be achieved by adopting the LDR to govern development. All development undertaken and all actions taken in regards to development orders by Wellington shall be consistent with the LDR and Comprehensive Plan.

B.

The LDR shall be consistent with land uses, densities, intensities, capacity, review procedures, timing, and all required and optional elements of the Comprehensive Plan.

A.

The purpose and intent of the LDR is to encourage appropriate uses of land, water, natural resources, public utilities, drainage, solid waste, open space/conservation, public facilities and efficient level of service related to transportation, education, parks, fire and police facilities.

B.

The purpose and intent of the LDR is to provide standards and procedures for growth and development patterns that will protect public interest, community character, housing needs, ensure intergovernmental coordination and encourage economic development.

C.

The purpose and intent of the LDR is to implement the components of the Comprehensive Plan in order to ensure public health, safety and welfare of the community.

D.

The purpose and intent of Article 1 of the LDR is to provide policies for the in-progress and approved development orders related to the effective date of the LDR, nonconforming lots, uses and/or structures, eminent domain procedures, and the formal interpretation of the LDR.

A.

Development orders that were approved prior to the effective date of these LDR shall be permitted to apply for subsequent development orders, engineering permits and/or building permits subject to the standards and conditions of approval that were in effect at the time of the approval.

B.

Amendments to the previously approved development orders that propose to modify the density or intensity of a development shall comply with the standards and regulations of the LDR, unless otherwise determined by the PZB Director that the modification would not be permitted under the LDR and the project has a vested right or entitlement under the previous code, in which case the amendment shall comply with the previous code.

C.

All previously approved development orders shall comply with the development review procedures set forth in Article 5 of the LDR, except where conditions of approval in an approved development order provide for different timelines or standards, then the development order shall control.

D.

Any previous conditions of approval in a valid development order shall continue to govern project development and/or site design in the event they exceed this Code.

Applications filed before the effective date of these LDR shall be processed to completion based on the development standards in effect at the time of submittal provided the application(s) was/were deemed sufficient at an in-take meeting. If a pending application is no longer required after the effective date of these LDR, staff shall notify the applicant and the application shall be withdrawn. If an applicant desires to process the request subject to these LDR, the application shall be modified to reflect the changes and a resubmittal fee shall be required.

A.

All lots, uses or structures legally existing on the effective date of these LDR that do not comply with these LDR shall be considered legal nonconforming lots/uses/structures and Chapter 3 of this article shall apply.

B.

All lots, uses or structures legally existing on the effective date of these LDR, shall maintain a legally conforming status upon any reduction of the lot, use or structure below the minimum standards of the LDR by virtue of an easement, roadway or property dedication for public purposes.

Any development order or approval that is revoked or has expired prior to implementation as set forth in Table 5.2.4-1 of Article 5 shall be subject to these LDR if the request is submitted for reconsideration.

Nonconforming status of a lot, use, and/or structure shall be determined based on the following:

A.

Nonconforming status shall only be permissible to those lots, uses, or structures that were legally established prior to the effective date of this Code and maintained continuous operation as originally established.

B.

The nonconforming status was created due to an eminent domain action as provided for in Chapter 4 of this article.

C.

Evidence (i.e. permits, development order, recordation of lot, etc.) may be required to determine legal nonconforming status. Affidavits alone shall not be considered sufficient to establish nonconforming status.

A.

A non-conforming lot may be developed if all of the following are met:

1.

The use was permissible under the applicable code at the time the lot was legally created.

2.

The lot is identified as a legal lot of record by one of the following means:

a.

The lot was the subject of a recorded agreement for deed or other recorded instrument of conveyance prior to February 5, 1973, which was the initial creation of the Palm Beach County Subdivision Regulations. Lots created by conveyance after this date shall be reviewed by the Village Engineer for Compliance with Article 8, Subdivision, Platting, and Required Improvements;

b.

The lot was shown on a recorded map, plat, drawing or survey or was legally subdivided prior to the effective date of the LDR; or

c.

The lot is part of an antiquated subdivision as determined by the Comprehensive Plan and is not subject to Article 8, Subdivision, Platting, and Physical Improvements.

3.

The proposed use is permissible under these LDR.

4.

A variance from the development regulations was granted in accordance with Article 5 of the LDR.

B.

Residential lots that cannot conform to minimum setbacks, maximum lot coverage or maximum total floor area regulations of the zoning district are subject to the following requirements:

1.

Minimum setback requirements:

2.

Maximum lot coverage: 40 percent of lot area.

A.

Non-conforming uses and structures may continue to exist in accordance with the following:

1.

A non-conforming use/structure shall not be relocated in part, or in full, on a lot unless the non-conformity will be decreased and the development regulations can be met for the zoning district.

2.

A non-conforming use/structure shall not be enlarged or expanded.

3.

A non-conforming use/structure shall not be changed to another non-conforming use/structure. If a non-conforming use/structure is changed to a permitted use/structure, the non-conforming use shall not be re-established at any time.

4.

If a non-conforming use is discontinued for more than 180 consecutive calendar days or for 15 total months during any three consecutive years, then such use may not be re-established. If the discontinuation exceeds this period of time, and can be documented, due to governmental action, the delay period shall not be used to calculate the amount of time a non-conforming use has been discontinued.

B.

In addition to Section 1.3.3.A, non-conforming structures shall adhere to the following:

1.

Maintenance, repair or renovation of structures, inclusive of replacing wiring, plumbing, nonbearing walls and fixtures may be performed to the extent it does not exceed 30 percent of the improvement value of the structure within a 12-month period.

2.

Reconstruction due to natural disaster of more than 30 percent of a structure's improvement value at the time of reconstruction must conform with the LDR. The planning, zoning and adjustment board (PZAB) shall hear requests for reconstruction, repair or renovation that exceed 30 percent, but is no more than 50 percent of the improvement value of structure. PZAB shall consider the following:

a.

Compliance of the lot and structure with the LDR;

b.

The degree of the non-conformity of the structure;

c.

Existing impacts of the non-conformity related to parking, access, and other design elements that may affect health, safety and welfare;

d.

Whether the non-conforming structure will result in health, safety, and welfare hazards; and

e.

Whether the structure can be reduced or redesigned to mitigate the non-conformity.

3.

In determining whether improvements exceed 30 percent of the structure's improvement value, the International Code Council's Building Valuation Data Table shall be used. The building official, in his discretion, may use other comparable guidelines accepted in practice to make this determination. The valuation data table is outlined in the Building Safety Journal, as amended periodically, to provide average construction costs per square foot related to natural disaster damage and repair.

4.

Any portion of a non-conforming structure that becomes physically unsafe or unlawful due to lack of repair or maintenance shall be declared unsafe or unlawful by Wellington's Building Official. An owner who wishes to restore, repair, or reconstruct shall comply with current LDR at that time.

Eminent domain action occurs when property is acquired by the village through an eminent domain proceeding or where property is voluntarily conveyed under the threat of condemnation by the village, in accordance with F.S. ch. 166 and other applicable Florida Statutes. This section shall apply to any conforming or non-conforming properties impacted by eminent domain.

A.

Any portion of property acquired by eminent domain that was previously used to calculate lot area, setbacks, parking, landscaping, sign locations or other development regulations, and results in reduced calculations that do not comply with the LDR, shall continue to exist and are considered legally conforming. Additionally, the following shall apply:

1.

Written approval from the village engineer shall be required for access that is less than ten feet in length, measured from the right-of-way line, or roadway easement;

2.

Access to non-residential sites and residential sites that share a common access shall maintain ingress and egress in a forward vehicular direction. This does not apply to a typical single-family residential driveway.

B.

A structure or use on properties reduced by eminent domain may be enlarged or expanded if the modification complies with the current LDR.

C.

Any vacant lot reduced by eminent domain that falls below the minimum lot size, frontage, depth or width for the zoning district may be developed and shall meet all other development regulations of this Code.

D.

Proposed site improvements that do not comply with the LDR, and are a direct result of eminent domain, may apply for a variance to the development regulations in accordance with Article 5 of this Code.

E.

A structure that does not comply with the LDR as a direct result of the eminent domain and becomes damaged may be reconstructed in the location and manner as it legally existed after the eminent domain.

F.

Any existing, legally established, free-standing sign located on the property acquired by eminent domain may be relocated onto the remnant site and shall comply with the sign code. Any minor deviation from the sign code related to setbacks and location shall obtain written approval from the PZB director. Any deviation related to the size and height, shall require a technical deviation approval from the architectural review board.

A lot, as originally conveyed, may be considered eligible for building permits if a determination of compliance is issued by the PZB director and the determination is based on the following criteria:

A.

The lot was conveyed into ownership separate from abutting lands pursuant to a recorded deed, recorded agreement for deed or other recorded instrument prior to February 5, 1973;

B.

The lot created by conveyance complied with the density requirements of the Comprehensive Plan in effect at the time of creation;

C.

The lot complied with all other development standards in effect at the time it was conveyed and recorded; and

D.

The lot has legal access that was established at the time of recordation.

A.

The owner shall submit a determination request, in the form of a letter, to the PZB director prior to applying for a building permit. The PZB director shall respond within ten working days.

B.

Based on the proposed development, the PZB director or the village engineer may determine that a plat or other instrument be recorded prior to obtaining permits, in accordance with Article 8 of this Code.

All provisions, terms, phrases and expressions contained in the LDR shall be construed so to carry out the true meaning and intent of Wellington's Council as established in the Comprehensive Plan. Terms used in these regulations, unless otherwise specifically provided, shall have the meanings prescribed by the Florida State Statutes. Where any provision of the LDR imposes a greater restriction than a general provision of the Comprehensive Plan, the more restrictive regulation shall control. For the purpose of these regulations the following shall apply:

A.

Calendar and time calculations.

1.

Day shall mean calendar day, unless specifically referenced as business day in the LDR. Business days shall mean Monday through Friday, excluding weekends and holidays when Village Hall is closed.

2.

Computation of time shall exclude the first day and include the last day; if the last day is a Saturday, Sunday or legal holiday, then the last day shall be computed using the next regular business day.

3.

Month shall mean calendar month, unless otherwise indicated (i.e. 30, 90, 180 days).

4.

Week shall mean calendar week.

5.

Year shall mean calendar year, unless a fiscal year or 365 calendar days is indicated.

B.

Text.

1.

In the event of a conflict between the text of these regulations and any caption, figure, illustration, table or map, the text of these regulations shall control. In the event of a conflict between a chart and an illustration, the chart shall control. All illustrations included in these regulations are for illustrative purposes only.

2.

"May" is permissive in nature.

3.

"Shall", "must", and "will" means mandatory, implying an obligation or duty to comply.

4.

"And" shall mean all cases must apply.

5.

"Or" means either or all cases may apply.

6.

Written means any representation of words, letters or figures whether by printing or other form or method of writing.

7.

Words utilizing a masculine gender shall be construed to include the feminine and vice versa.

8.

Words used in the past or present tense include the future tense and vice versa.

9.

Use of "include" shall not limit a term to the specified examples, but is intended to extend its meaning to all other instances or circumstances of like kind or character.

10.

A word importing the singular number only may extend and be applied to several persons or things as well to one person or thing. The use of a plural number shall be deemed to include any single person or thing.

11.

Words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning.

12.

Any words and terms not defined herein shall have the meaning indicated by common dictionary definitions.

C.

Delegation of authority. Any act authorized by these regulations to be carried out by a specific official or agency of Wellington is authorized to be carried out by a designee, or delegate, of such official or agency.

D.

Any reference to Federal Statutes, Florida Statutes, Florida Administrative Code, Palm Beach County Code, or other official code shall be construed to be a reference to the most recent enactment of such statute, code or rule, as amended from time to time.

E.

District boundaries. Zoning district boundaries are usually along roads, alleys, property lines or extensions thereof. Where an uncertainty exists with respect to the boundaries of districts as shown on the official zoning map, the following rules shall apply:

1.

Boundaries indicated as approximately following the centerlines of roads, highways, or alleys shall be construed to follow the centerlines.

2.

Boundaries indicated as approximately following platted lot lines, sections or tracts shall be construed as following such lines.

3.

Boundaries indicated as approximately following Wellington limits shall be construed as following the municipal boundary lines.

4.

Boundaries indicated as following shorelines shall be construed to follow such shoreline, or change of shoreline meaning the boundary shall move with the actual shoreline. Boundaries indicated as approximately following the centerline of streams, rivers, canals, lakes, or other bodies of water shall be construed to follow such centerlines.

5.

Whenever any road, alley or other public right-of-way is vacated by official action of the Wellington Council, the zoning district of the property abutting upon each side of such road, alley or public right-of-way shall be automatically extended to the center of such vacation and all area included within the vacation shall thereafter be subject to all appropriate regulations of the extended district(s).

6.

Whenever any lot, tract or parcel is split among more than one zoning district, the use regulations and LDR applicable to the district containing the majority of the lot, tract or parcel shall apply to the entire lot, tract or parcel.

7.

Whenever any lot, tract or parcel of land or water has been inadvertently excluded from a district in any manner, subject land shall be given a zoning designation by Wellington's Council that is consistent with future land use map designation.

A.

Interpretations of the LDR shall be made as follows:

1.

The PZB director shall be principally responsible for implementation, interpretations and enforcement of all articles, sections, and provisions of the LDR and the Comprehensive Plan.

2.

Village engineer shall make interpretations related to driveways and access, traffic performance standards, and subdivision, platting, and required improvements found in Articles 7 and 8 of this Code and provide the interpretation to the PZB Director for approval prior to issuance.

3.

The village attorney shall make interpretations related to required maintenance and use documents.

B.

A request for an interpretation shall be submitted, in the form of a letter, along with the applicable fee to the PZB director.

C.

A request for an interpretation of the LDR shall be processed in accordance with the following timeframe:

1.

The PZB director, or designee, shall determine if the request is sufficient or insufficient and notify the applicant within five working days from the date of submittal.

2.

Sufficient requests shall be processed and the written interpretation shall be issued to the applicant within 15 working days from the date of sufficiency notification.

3.

The applicant shall be given ten working days from the date of the insufficient request to remedy any specified deficiencies. If the applicant fails to correct the deficiencies, the request shall be considered withdrawn.

D.

The PZB director shall maintain a record of all interpretations in the planning and zoning division records.

E.

No appeal of an interpretation may be made without first obtaining a formal interpretation of the LDR. The appeal shall be submitted within 30 calendar days of the issuance of the formal interpretation and in accordance with Article 5 of the LDR. There shall be no re-hearing of an appeal once a determination is made by the decision-making body.

Any assistance given or any representation made by a member of the staff during consultation shall not constitute approval, and shall not bind the staff, departments, the village manager, or the council. Further, assistance or representation shall not relieve any person of the requirements of the LDR or other federal, state, or local ordinances. If a conflict exists between staff representation and the laws, rules, LDR, codes, or ordinances, then such laws, rules, LDR, codes, or ordinances shall control.

The LDR shall be enforced in accordance with the following:

A.

Wellington's Council shall appoint special magistrates. The special magistrates shall have jurisdiction to hear and decide alleged violations of the LDR and ordinances enacted by Wellington in accordance with Chapter 2 of the Code of Ordinances and in accordance with F.S. ch. 162, as amended from time to time.

B.

Wellington's Council, Boards and Committees, and Wellington Departments or staff shall have the authority to enforce the LDR in accordance with authority granted within the LDR and/or Code of Ordinances.

A.

Violations shall be calculated based on calendar days.

B.

A violation of any condition of a development order shall be considered a violation of the LDR. The violation shall be rectified prior to any public hearing or meeting on the issuance of any subsequent development order or permit for that project, unless the subsequent development order application seeks to amend the condition that has been violated.

C.

Maintaining an open permit status that should be closed, or has expired, including but not limited to building permit, utilities permit, or engineering permit, shall be considered a violation of the LDR and may result in a notice of violation and/or inability to obtain future permits.

The planning, zoning and building department, including code compliance, shall have the authority to issue cease and desist orders, in the form of written official notices given to the owner, owner's agent, lessee, tenant, contractor or any person using the land, buildings or premises where a violation has been committed or exists.

In addition to the penalties and enforcement procedures provided for in Chapter 2 of the Code of Ordinances, Wellington's Council may take lawful civil action or proceeding to prevent, restrain or abate violations of the LDR and/or Code of Ordinances.

When there is a need for a Wellington initiated change to the LDR, the PZB director, or designee, may file a request with Wellington's Council for approval of a "zoning in progress" resolution. The request shall be made in writing and accompanied by a staff report summarizing the basis for the revision, approximate time it will take to adopt the modification and all area(s) affected by the revision.

Wellington Council shall review the request as a regular agenda item at the first possible Council meeting.

A.

Council shall approve or deny the proposed zoning in progress resolution and, by adoption, direct staff to proceed with the LDR amendment.

B.

The zoning in progress shall remain in effect for 180 calendar days or until the adoption/denial of the proposed amendment, whichever occurs first. Council may extend the zoning in progress, by resolution, for a reasonable amount of time if they deem necessary or public interest requires.

C.

Within ten days of adoption of the zoning in progress resolution, the Wellington Clerk shall publish the adopted resolution in a newspaper of general circulation published in Wellington, or Palm Beach County.

D.

Staff shall draft the LDR amendment and initiate the public hearing process to the planning, zoning and adjustment board, or equestrian preserve committee when applicable.

A.

During the period of time that the zoning in progress resolution is adopted, and an amendment to the LDR is being drafted by staff and considered by the decision-making bodies, no permits or development orders of any kind shall be issued if issuance would result in the nonconforming or unlawful use of the subject property should the proposed amendment to the LDR be adopted.

B.

If a permit or development order request satisfies the objective of the proposed amendment, the PZB director may issue a waiver to the applicant and allow the permit or development order to be processed during the effective time of the zoning in progress.

C.

All permits and development order applications that are not directly affected by the proposed amendment may be processed under the provisions of the LDR and shall not be affected by the zoning in progress.

D.

Any variance request that may be desired due to a hardship or physical site constraint, that would be considered under normal variance standards and criteria, may be processed during a zoning in progress even if the variance is related to the proposed amendment. The applicant shall be made aware, in writing, if the proposed amendment may result in the elimination of the need for a variance. The applicant shall provide a written acknowledgement, with notarized signature, of this information and determine if they desire to process the request.