Ordinance 1975-012 Providing for Non-Conforming Uses of Land & StructuresORDINANCE N0. 12-75
AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA,
AMENDING CHAPTER 45 OF THE VILLAGE OF NORTH PALM BEACH CODE, BY PROVIDING
FOR NON-CONFORMING USES OF LAND AND STRUCTURES AS THEY PERTAIN TO THE
VILLAGE OF NORTH PALM BEACH ZONING LAWS.
' BE IT ORDAINED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH,
FLORIDA:
Section 1. Chapter 45 of the Village of North Palm Beach Code
is hereby amended by adding thereto Section 45-60 through 45-68, both
inclusive, to read as follows:
"Sec. 45-60. INTENT---(1) Within the districts established
by this ordinance, or amendments that may later be adopted, there exist
lots, structures, uses of land and structures and characteristics of use
which were lawful before this ordinance was passed or amended, but which
would be prohibited, regulated, or restricted under the terms of this ord-
inance or future amendments.
(2) It is the intent of this ordinance to permit these non-
conformities to continue until they are removed, but not to encourage
their continuation. Such uses are declared by this ordinance to be in-
compatible with permitted uses in the district involved. It is further
the intent of this ordinance that non-conformities shall not be enlarged
upon, expanded or extended, nor be used as grounds for adding other structures
' or uses prohibited elsewhere in the same district.
Section 45-61. EXTENSION AND ENLARGEMENT---(1) Anon-conforming
use of a structure, a non-conforming use of land, or a non-conforming use
of structure and land shall not be extended or enlarged after passage of
this ordinance by attachment on a building or premises of additional signs
intended to be seen from off the premises, or by the addition of other uses
of a nature which would be prohibited generally in the district involved.
(2) To avoid undue hardship, nothing in this ordinance shall
be deemed to require a change in the plans, construction, or designated
use of any building on which actual construction was lawfully begun prior
to the effective date of adoption or amendment of this ordinance and upon
which actual building construction has been diligently carried on. Actual
construction is hereby defined to include the placing of construction
materials in permanent position and fastened in a permanent manner. Except
that where demolition or removal of an existing building has been sub-
stantially begun preparatory to rebuilding, such demolition or removal
s}rall be deemed to be actual construction, provided that work shall be
diligently carried on until completion of the building involved.
Section 45-62. NON-CONFORMING LOTS OF TtECDRD---(1) In any
district in which single family dwellings are permitted, notwithstanding
limitations imposed by other provisions of this ordinance, a single family
dwelling and customary accessory buildings may be erected on any single
lot of record at the effective date of adoption or amendment of this
ordinance. Such lot must be in separate ownership and not of continuous
frontage with other lots in the same ownership. This provision shall
apply even though such lot fails to meet the requirements for area or
width, or both, that are generally applicable in the district, provided
that yard dimensions and other requirements not involving area or width,
or both, of the lot shall conform to the regulations for the district in
which such lot is located. Variance of area, width, or yard requirements
shall be obtained only through action of the Board of Adjustment.
(2) If two or more lots or combinations of lots and portions
of lots with continuous frontage in angle ownership are of record at the
time of passage or amendment of this ordinance, and if all or part of the
lots do not meet the requirements .for lot width and area as established
by this ordinance, the lands involved shall be considered to be an un-
divided parcel for the purposes of this ordinance, and no portion of said
parcel shall be used or sold which does not meet lot width and area re-
quirements established by this ordinance, nor shall any division of the
parcel be made which leaves remaining any lot with width or area below the
requirements in this ordinance.
Section 45-63. NON-CONFORMING USES OF LAND---Where, at the
effective date of adoption or amendment of this ordinance, lawful use of
land exists that is made no longer permissible under the terms of this
ordinance as enacted or amended, and where such use involves no individual
structure with a replacement cost exceeding $1,000, such use may be con-
tinued, so long as it remains otherwise lawful, subject to the following
provisions:
(1) No such non-conforming use shall be enlarged or increased,
nor extended to occupy a greater area of land than was occupied at the
effective date of adoption or amendment of this ordinance; unless such use
is changed to a use permitted in the district in which such use is located;
(2) No such non-conforming use shall be moved in whole or in
part to any other portion of the lot or parcel occupied by such use at
the effective date of adoption or amendment of this ordinance;
(3) If any such non-conforming use of land ceases for any
reason for a period of more than 90 consecutive days, any subsequent use
of such land shall conform to the regulations specified by this ordinance
for the district in which such land is located;
(4) No additional structure which does not conform to the
requirements of this ordinance shall be erected in connection with such
non-conforming use of land.
' Section 45-64. NON-CONFORMING STRUCTURES---Where a lawful
structure exists at the effective date of adoption or amendment of this
ordinance that could not be built under the terms of this ordinance by
reason of restrictions on area, lot coverage, height, yards, or other
characteristics of the structure or its location on the lot, such structure
may be continued so long as it remains otherwise lawful subject to the
following provisions:
(1) No such structure may be enlarged or altered in a way
which increases its non-conformity, but any structure or portion thereof
may be altered to decrease its non-conformity;
(2) Should such structure be destroyed by any means to an extent
of more than 50 percent of its replacement cost at time of destruction,
as determined by the Village Engineer or Village Building Official, it shall
not be reconstructed except in conformity with the provisions of this
ordinance;
(3) Should such structure be moved for any reason for any
distance whatever, it shall thereafter conform to the regulations of the
district in which it is located after it is moved.
' HNi~ rxcril~c.~ 1N l:U`7151NH'1'lU1V--- ~1J it a lawrul use involving inaiviaual
structures with a replacement cost of $1,000 or more, or of structure and
premises in combination, exists at the effective date of adoption or amend-
ment of this ordinance, that would not be allowed in the district under the
terms of this ordinance, the lawful use may be continued so long as it remains
otherwise lawful, subject to the following provisions:
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(a) No existing structure devoted to a use not permitted by
this ordinance in the district in which it is located shall 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;
(b) Any non-conforming use may be extended throughout any parts
of a building which were manifestly arranged or designed for such use at
the time of adoption or amendment of this ordinance, but no such use shall
be extended to occupy any land outside such building;
(c) Any structure, or structure and land in combination, in or
on which a non-conforming use is superseded by a permitted use, shall
' thereafter conform to the regulations for the district in which such
structure is located, and the non-conforming use may not thereafter be
resumed;
(d) When a non-conforming use of a structure, or structure and
premises in combination, is discontinued or abandoned for six consecutive
months .or for 18 months during any three-year period (except when government
action impedes access to the premises), the structure, or structure and
premises in combination, shall not thereafter be used except in conformance
with the regulations of the district in which it is located;
(e) Where non-conforming use status applies to a structure
and premises in combination, removal or destruction of the structure shall
eliminate the non-conforming status of the land. Destruction for the
purpose of this sub-section is defined as damage to an extent of more than
50 percent of the replacement cost at time of destruction.
(2) Non-conformities not involving the use of a principal
structure, e. g., open storage, building supplies, vehicle, mobile home,
implement and machinery storage, signs, billboards, junk yards, commercial
animal yards and the like, shall be discontinued within two (2) years
of the effective date of this ordinance or amendment.
' Section 45-66. REPAIRS AND MAINTENANCE---(1) On any building
devoted in whole or in part to any non-conforming use, work may be done
in any period of 12 consecutive months on ordinary repairs, or on repair
or replacement of non-bearing walls, fixtures, wiring or plumbing, to an
extent not exceeding 10 percent of the current replacement value of the
building, provided that the cubic content of the building as it existed at
the time of passage or amendment of this ordinance shall not be increased.
(2) Nothing in this ordinance shall be deemed to prevent the
strengthening or restoring to a safe condition of any building or part
thereof declared to be unsafe by any official charged with protecting the
public safety, upon order of such official.
Section 45-67. TEMPORARY USES---The casual, intermittent,
temporary or illegal use of land or structures shall not be sufficient to
establish the existence of a non-conforming use. Such use shall not be
validated by the adoption of this ordinance unless it complies with the
terms of this ordinance.
Section 45-68. RESERVED"
Section 2. This Ordinance shall take effect immediately upon
passage.
PLACED ON FIRST READING THIS 14 DAY OF AUGUST, 1975.
PLACED ON PUBLIC HEARING THIS 11 DAY OF SEPTEMBER, 1975.
PLACED ON SECOND, FINAL READING AND PASSED THIS 11 DAY OF SEPTEMBER, 1975..
/s/ M. C. Love, Jr.
MAYOR
ATTEST:
/s/ llolores R. Walker
Village Clerk
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