Footnotes:

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Editor's note— Ord. No. 4714-17, § 3, adopted Sept. 14, 2017, amended art. XVI in its entirety to read as herein set out. Former art. XVI, §§ 94-511—94-514, pertained to similar subject matter, and derived from Code 1979, §§ 33-210—33-213; Ord. No. 3533-02, § 2, adopted May 28, 2002; Ord. No. 3850-05, § 2, adopted May 23, 2005; Ord. No. 4119-08, § 3, adopted April 7, 2008.

Cross reference— Buildings and building regulations, ch. 18.

1. a.
   Purpose and intent. The purpose of this article is to provide means by which a nonconforming structure, lot or use may continue lawfully until such time as the structure or use no longer exists. This article is intended to provide standards and guidelines for nonconforming uses, lots and structures.
2. b.
   Scope. From time to time amendments are required to the zoning and land development regulations to reflect changed circumstances or policies that render existing structures or uses nonconforming under the amendment. This article shall not require any change in the plans or construction of a structure which was lawful at the time of building construction, provided construction has been completed, or in a use which was lawful when established in the zoning district. A project submitted with an official application for a building permit shall be subject to the requirements of this chapter at the time of submittal, provided such project is commenced prior to the expiration of the development approvals for such project. For purposes of this section, project commencement shall mean the placement of construction materials in a permanent position and fastened in a permanent manner. Should the development approval for any project expire, then development shall be subject to the then-current regulations. The regulations of this article shall apply throughout all zoning districts.

(Ord. No. 4714-17, § 3, 9-14-2017)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

1. a.
   Any lot of record which is not in conformance with the current dimensional and/or area standards of the zoning and land development regulations may be built upon. The lot shall conform to the other standards and requirements of this chapter.
2. b.
   When contiguous lots of record exist under single ownership, such lots may be considered an undivided parcel for the purposes of development and land use regulation. The recordation in the public records of Palm Beach County of an instrument to unify the parcels, in form approved by the office of the city attorney, may be required. No portion of such unified parcels shall be used or sold in a manner which diminishes compliance with the dimensional requirements of this chapter.
3. c.
   Lots or portions of lots shall not be subdivided by sale, or otherwise, so as to create a new dimensional nonconformity or to increase an existing dimensional nonconformity. Multiple platted lots titled as a single parcel within a residential zoning district may be subdivided into minimum 50-foot wide lots, provided such subdivision occurs along an originally platted lot line, except for lots located in the area described in subsection 94-71(d)(2). Multiple platted lots within a residential zoning district located in the area described in subsection 94-71(d)(2) and titled as a single parcel may only be subdivided into minimum 75-foot wide lots.

(Ord. No. 4714-17, § 3, 9-14-2017)

A legal nonconforming use may be continued if it lawfully existed prior to the time when the regulations prohibited the use or required a special use permit, subject to the following limitations and restrictions:

1. 1.
   Expansion or extension. The area occupied by a nonconforming use shall not be enlarged or expanded beyond the area that was lawful at the time the use became nonconforming. However, any legal nonconforming use may be extended within the building in which it is located with the approval of a Level I site plan, but the building shall not be expanded to allow an expansion of the use. No additional site features shall be allowed unless such features reduce the non-conformity.
2. 2.
   Repairs and maintenance of structures occupied by nonconforming uses. Replacement of roofs and load bearing walls, and routine repairs and maintenance of fixtures, wiring or plumbing shall be permitted, regardless of cost, unless the use has been interrupted for a sufficient period of time as to be considered an abandonment as provided in this article.
3. 3.
   Change of ownership or tenancy. All rights and obligations associated with a nonconforming use shall run with the use and the land, and are not personal to the present owner or tenant and are not affected by a change in ownership or tenancy, except if abandoned. Change in ownership or tenancy shall not affect continuation of a non-conforming use unless interrupted for a sufficient period of time as to be an abandonment, as provided in this article.
4. 4.
   Change in use. No nonconforming use shall be moved in whole, or in part, to a location where it would remain a nonconforming use. A parcel with an existing non-conforming use shall not change its use to another use not permissible within the applicable zoning district.
5. 5.
   Abandonment of use. The interruption or abandonment of a nonconforming use for a period of 90 consecutive days shall terminate the status as a legal non-conforming uses and any use that comes into effect after the 90th day shall comply with current zoning regulations. A nonconforming use may be temporarily suspended due to damage by windstorm, flood, or natural disaster, provided application for a building permit to make repairs is made within six months of the date of the windstorm, flood, or natural disaster. The development services director may consider any information that indicates the use has been abandoned, however, the burden of proof is on the owner/operator to provide such evidence that the use has not been abandoned. Evidence that the use has been abandoned may include, but is not limited to:

   1. a.
      The removal of goods, services or stock in trade and/or the removal of operating equipment; or
   2. b.
      The cessation of water or electricity service provided to the site, not due to natural causes; or
   3. c.
      The cessation of paying retail sales taxes; or
   4. d.
      Some overt act or failure to act that carries with it a sufficient implication that the owner/operator neither claims nor retains any interest in the abandoned use operated under a business tax receipt/certificate of use. The maintenance of a business tax receipt/certificate of use shall not, by itself, constitute sufficient evidence that the nonconforming use has not been abandoned.
6. 6.
   Commercial buildings in residential areas. Commercial or retail uses permitted as of right in neighborhood commercial (NC) in Table IX-1 of ARTICLE IX of this chapter, pertaining to permitted uses, may be allowed in existing structures originally designed and intended for commercial use and located either (i) with property frontage along Spruce Avenue, between 15th Street and 21st Street, or (ii) located north of Palm Beach Lakes Boulevard, south of 15th Street, east of Tamarind Avenue and west of Henrietta Avenue, provided a Class B special use permit is obtained. To qualify, these existing structures must contain original, distinguishing nonresidential characteristics, such as, but not limited to, storefront windows, placement and orientation to the street, and floor to ceiling height. The special use permit shall be limited to the existing building(s) and such structures shall not expand in net interior area. Buildings originally constructed for residential use, including those with previous commercial or retail uses, shall not qualify for such special use permit.
7. 7.
   Community Residence or Recovery Community. A community residence or recovery community located in West Palm Beach  that is not licensed or certified by the State of Florida or appropriate national accrediting agency as of the date of the first reading of Ordinance No. 4957-21 and that does not receive licensure, certification, or recertification from the designated state entity or appropriate national accrediting agency on or before the 270th day following of the  effective date of Ordinance No. 4957-21 shall no longer constitute a legal nonconforming use and must cease operation on or before the 270th day following the effective date of Ordinance No. 4957-21  or within 60 days of the date on which certification, recertification, or the required license 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 60 days of the date on which certification, recertification, or the required license is denied or on or before the 270th day following the effective date of Ordinance No. 4957-21, whichever date comes first.

   Except state licensed community residences for seven to 14 individuals established under Chapter 419 of the state statutes, a family or transitional community residence having received a reasonable accommodation to operate at a particular located in West Palm Beach as of the date of the first reading of these amendments that is occupied by more than ten unrelated individuals may continue to operate with the same number of persons authorized under the reasonable accommodation issued and be conforming use subject to the provisions of Section 94-514 and provided 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.

   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. 4714-17, § 3, 9-14-2017; Ord. No. 4957-21, § 12, 11-15-2021)

A nonconforming structure may continue to exist if it lawfully existed prior to the time when the regulations were amended to make the structure non-conforming, subject to the following limitations and restrictions:

1. 1.
   Alteration, extension, enlargement, or expansion of nonconforming structure. No alteration, extension, enlargement, or expansion of a nonconforming structure which increases its noncompliance with the zoning and land development regulations shall be permitted. A nonconforming structure may be enlarged or expanded only in compliance with the regulations of this chapter. Any nonconforming structure may be altered to decrease its nonconformity, or increase its compliance, with the current regulations. Additional site features may be permitted provided such expansion conforms to the regulations. Nothing in this subsection shall prohibit the building official or the fire marshal from ordering the compliance with all applicable building construction and life safety related codes.
2. 2.
   Repairs and maintenance of nonconforming structures. Routine repairs and maintenance of nonconforming structures or fixtures, wiring or plumbing and the repair or replacement of roofs shall be permitted regardless of cost. Major repairs, renovation or restoration in an amount not to exceed 50 percent of the current assessed value of the nonconforming structure, as determined by the records of the Palm Beach County Property Appraiser, may be carried out in any 12 month period, provided that such work does not increase the nonconformity. This provision shall not apply to nonconforming yet contributing or individually designated historic structures within a historic district.
3. 3.
   Rehabilitation, restoration, repair and maintenance of nonconforming contributing structures within a historic district or an individually designated historic structure. Nonconforming contributing structures within a Historic District, or individually designated historic structures, may be rehabilitated, restored, repaired, or maintained regardless of cost. Structures individually designated on the National Register shall be reconstructed utilizing the Secretary of Interior's Standards.
4. 4.
   Relocation of nonconforming structures. Should any nonconforming structure be relocated or moved for any reason from its original location, the structure shall conform to the regulations of the zoning district where it is being relocated, unless it is an historic structure which qualifies under subsection 94-219(g).
5. 5.
   Destruction. If a nonconforming structure is destroyed by a windstorm, flood, or natural disaster, such structure may be reconstructed or restored to its existing condition at the time of destruction, regardless of costs, if an application for a building permit is submitted within 12 months of the destruction. If a nonconforming structure is otherwise destroyed and the cost to reconstruct exceeds 50 percent of the assessed value of the structure at the time of destruction, as determined by the records of the Palm Beach County Property Appraiser, such structure shall only be rebuilt in conformance with the zoning and land development regulations of this chapter. In no event shall such destroyed nonconforming structure be reconstructed in a manner that increases any nonconformity.

(Ord. No. 4714-17, § 3, 9-14-2017)

Nonconforming landscaping shall be regulated pursuant to ARTICLE XIV of this chapter.

(Ord. No. 4714-17, § 3, 9-14-2017)

Nonconforming signs shall be regulated pursuant to ARTICLE XIII of this chapter.

(Ord. No. 4714-17, § 3, 9-14-2017)

Improvements to existing nonconforming parking areas shall comply with the following limitations and restrictions:

1. 1.
   Aesthetic or life extending treatments. All work proposed for parking areas which includes aesthetic applications or service life-extending treatments shall require compliance with minimum traffic/pedestrian control measures, ADA compliance, and stall painting detail. Life-extending treatments include, but are not limited to, seal coating, micro-surfacing and slurry coating. The configuration of the parking stalls shall comply with the regulations of this chapter. The development services director shall have flexibility in requiring compliance with the regulations of this chapter when, due to other existing nonconformities or conditions, strict compliance is not practical or feasible and such flexibility will not negatively impact the surrounding properties or area.
2. 2.
   Material improvements. All material improvements to a nonconforming parking area will require the parking area to come into full compliance with the zoning and land development regulations. The extent of compliance shall be determined by the development service director. Material improvements include full depth reclamation, base re-stabilization, milling and resurfacing, overlay curbing, drainage improvements, or facility expansion.

(Ord. No. 4714-17, § 3, 9-14-2017)

1. a.
   Application. The provisions of this section shall apply to any real property which conforms to the zoning and land development regulations of this chapter, but which has been or will be rendered a legal nonconformity because of eminent domain proceedings by a governmental agency. Any nonconformity so created shall be deemed conforming upon the issuance of a certificate of conformity as provided in this section.
2. b.
   Procedure. The condemnor or condemnee in an eminent domain proceeding may submit an application to the planning division for a certificate of conformity relative to the nonconforming which has been or will be created as a result of the eminent domain proceedings. The application shall include the following:

   1. 1.
      The legal description of the parcel which has or will become nonconforming;
   2. 2.
      The name and address of the owner of such parcel;
   3. 3.
      The name and address of the condemnor including the name and address of the condemnor's representative;
   4. 4.
      Evidence of the institution of eminent domain proceedings, along with the court order of judgment of such taking, or the conveyance to the government agency under the threat of eminent domain;
   5. 5.
      A recent certified survey of such parcel or of a sufficient portion thereof as will enable the development services director to determine the extent of the acquisition and the location and nature of all affected structures located on such parcel;
   6. 6.
      A site plan of the parcel, at a scale of not less than one inch equals 30 feet, showing the location of all structures and improvements on the property and the extent of the condemnor's acquisition;
   7. 7.
      A statement of justification in support of the issuance of the certificate of conformity;
   8. 8.
      Evidence that both the condemnor and condemnee in the eminent domain proceedings are aware of the application for a certificate of conformity; and
   9. 9.
      Any other material reasonably requested by the development services director which is relevant and material to the application.
3. c.
   Fee. An application fee established by resolution of the city commission shall be paid to the city by the applicant prior to the commencement of review.
4. d.
   Review of application. The development services director shall review the application for a certificate of conformity and shall render a decision to issue or deny the certificate, based upon the standards set forth in this section, within 45 days of receipt of a complete application. The applicant may appeal a denial to the city zoning board of appeals. The zoning board of appeals may reverse the denial of the development services director upon a finding that the application meets the standards in this section.
5. e.
   Standards. A certificate of conformity shall be issued if the following standards are met:

   1. 1.
      It is impossible for the remainder parcel to fully comply with the zoning and land development regulations; and
   2. 2.
      A site plan for the remainder parcel has been prepared which minimizes the nonconformities caused by the eminent domain, and is consistent to the greatest extent feasible with the requirements of the zoning and land development regulations of this chapter; and
   3. 3.
      The remainder parcel can reasonably and economically function if redeveloped in accordance with the proposed site plan.
6. f.
   Duration. A certificate of conformity issued pursuant to this section shall automatically expire 36 months from the date of issuance unless redevelopment of the remainder parcel in accordance with the site plan has commenced within such 36-month period.

(Ord. No. 4714-17, § 3, 9-14-2017)

Abandonment. A discontinuation or interruption of a nonconforming use beyond the time limitation established in this article, where the user has not actively and diligently sought to maintain the use or the necessary equipment for the use, unless such interruption has been directly caused by a governmental action.

Legal nonconformity. For purposes of this chapter, a legal nonconformity consists of and is defined as a use, characteristic of use, lot, structure, accessory facility, or combination thereof, that does not comply with the current regulations of the zoning district in which the use, characteristic of use, lot, structure, accessory facility, or combination thereof, is located, but which was lawfully established or constructed in accordance with the applicable regulations or approvals at that time.

Lot of record. A lot which is part of a platted subdivision or a parcel of land described by a deed, for which the subdivision plat or deed has been recorded in the office of the clerk of the circuit court of Palm Beach County and at the time of recordation, met the regulations for required lot width and area.

Nonconforming. For purposes of this chapter, nonconforming means a use, lot, structure, accessory facility, landscaping or parking area that does not comply with the current regulations of the zoning district in which the use, lot, structure, accessory facility, landscaping or parking area is located, yet which was lawfully established or constructed in accordance with the then-current regulations or otherwise approved by the city.

Parking area. For purposes of this article, parking area means a site or a portion of a site, devoted to the off-street parking of vehicles, including parking spaces, aisles, access drives, and landscaped areas, and provide vehicular access to a street.

(Ord. No. 4714-17, § 3, 9-14-2017)