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O76-19 ORDINANCE NO, 78-19 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING APPENDIX A OF THE CODIFIED ORDINANCES OF SAID CITY TO ADD ANE~V SECTION 11.1, ENTITLED NONCONFORMING USES AND STRUC- TURES; PROVIDING FOR AUTHORITY- TO, CODIFY, SAVINGS CLAUSE, t~PEALING PROVISIONS, AN EFFEcTIvE DATE.A~D FOR- 0Tt~ER-'PURPosEs, BE IT ORDAINED BY THE CITY COUNCIL:OF THE CITY OF BOYNTON BEACH, FLORIDA.~~ Seclion t: Thai Section 11.1 is hereby[added to Appendix A of the Codified Ordinances of the City of Boynton Beach, Florida, to read as follows: "Section 11.1. Nonconforming Uses and Structures. A. Existing Uses. Any lawful use of land or structures existing on the effective date o~ the adoption or amendment of these zoning regulations, but which would become a nonconforming use under the terms of these regulations or future amendments hereto, shall be permitted to continue, subject to the provision~ of this Section pertaining to its extension, alteration, reconstruction, con- tinuance, discontinuance or change. B. Nonconforming Uses of Land. (t) No~iaonconforming use of land shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied on the effec- tive date of the adoption or amendment of these regulations, un[ess such use is subsequently changed to a use permitted in the district in which such use is located. (2) No such nonconforming ase shall be moved in whole or in part any other portion of the lot or parcel occupied by such use on the effective date of the adoption or amendment to these regulations, nor shall such non- conforming use be moved to any other parcel or tot located in any district within which said use is not permitted. (3) No additional structures or buildings shall be erected in connection with such nonconforming use of [and. C. Nonconforming Lots. (~1~) A structure(,s~), or building(s) may be erected on a single lot, tract, or parCel:of land, no%w~ilhstanding tike limitations imposed by other provisions of these regulations, if prior to the effective adoption or amend- ment of these regulations. (a) The erection of such structure was permissab[e; and (b) The single lot. tract, or parcel of [and was either subject to an executed deed, agreement for deed, or other conveyance of rea[ property recorded in the office of the Clerk of the Circuit Court in and for Palm Beac~ County, Florida; or (c) The single lot, tract, or parcel of land was shown on a recorde~ map, plat, drawing or survey recorded in the Office of the Clerk of the Circuit Court in and for Palm Beach Couhty, Florida; or (d) The single lot, tract or parcel of l~nd shah meet the minimum property development regulations that are generally applicable in the district excluding minimum log area and dimension requirements, D. Nonconforming Uses-of Structures. (1) The nonconforming use of a building or other structure may be extended throughout any part of the building or structure which was c[aarly designed and intended for such use at the date of the effective adoption or amendment of these regulations. Any nonconforming use which occupies a portion of a buildiny or other structure not originally designed or intended for such use shall not be extended to any other part of the building or structure. No nonconforming use may be extended to occupy any [and outside the building or structure, nor~any additional building or structure on the same p[o~, which was not used for such nonconforming use at the effective date of the adoption or amendment of these regulations. -2- (2) No structure used for a nonconforming use shall be enlarged, extended, reconstructed oi- structurally altered, unless the use is changed to one ~vhich complies with the provisions of this chapter. However, ordinary repairs, maintenance and improvements, such as plumbing or wiring, replacemen~ of non-bearing walls, fi~tures~ or other interior alterations, shall be permitted each year in ansamount not to exceed twenty- five percent of the assessed va[ne of the building or structure for that Property year as determined by the Palm Beach County/;~ppraise~:., subject to the provisions of the preceding paragraph and provided such work does not increase the cubic vo[umn of the structure, the floor area devoted to the nonconforming use or the number of dwelling units. Nothing in these regulations shall prevent ccom_ ~fftiance with applicable laws or ordinances relative to the safety and sanitation of a building occupied by a non- conforming use. E. Nonconfor~r~ilTg Structures. The lawful existence of a structure or building at the effective date of the adoption or amendment to these regulations, although such structure or building does not conform to the Building and Site Regulations of these regulations for minimum lot area and dimensions, minimum yard setback requirements, maximum building height, total floor area require- ments, ~o~ other characteristics>of the structure, or its location on the Lot, may be continued so long as it remains otherwise [awful. A nonconforming structure or building (as opposed to a structure or building used for a nonconform lng use) may,be maintained and repaired, but it shah not be added zo or altered in a fashion so as to increase the extent to whlch the structure or building is in violation of applicable regu[ations~ A non- conforming structure or building may be added ±o or altered if such alteration or addition does not in iIse[f constitute a further violation of existing regulations. -3- F. Reconstruction or Removal If any nonconforming structure or conforming structure devoted to a nonconforming use is destroyed to such an extent that lhe cost of rebuilding, repair and re construction wilt exceed 70% of its current as sessed valuation Property as determined by the Palm Beach County ~[,~i~i~V~,~iser, or for any,reason is moved any distance, it shall not again be u, sed or,reconstructed except in conformity with %he provisions of these zoning regulations. G. Continuance, Discontinuance or Change;of Nonconforming Use. (1~ A nonconforming use of [and or s~ructure shall not be changed to /conforming any other use except one which would be pe~rmilled as a _~,~ use in the distric in which %he laud or building is located. However, no change shah be require in the plan~, construction, or designed use of any structure for which a building permit was lawfully issued pursuant to Chapter 5 of this Code and upon which construction has actually begun prior tO the effective date of the adoption or amendment of these regulations, (2) Any part of a structure or land occupied by a nonconforming use which is changed to or occupied by a conforming use shah not thereafter be used or occupied by a nonconforming use. (3) If for any reason a nonconforming use of [and, structure or any part thereof ceases or is discontinued for a period of more than slx (6) consecutive months, except when government action impedes access thereto, the [and shall not %hereafter be used for a nonconformmg use. Section 2: Authority to Codify: Specific authority is hereby granted to codify and incorporate this Ordinance in the City's existing Code. Section 3: Separability: Each of %he provisions of this Ordinance are separable; including word, clause, phrase or senzence, and if any portion thereof shah be declared invalid, the remaining portion shah not be affected but shah remain in full force and effect. Section 4: Repealing Provisions: All Ordinances or parts of Ordin- ances in conflict herewith are hereby repealed. -4- Section 5: Effective Date: This O~dinance shall become effective in the manner and at the time provided by [aw. 1976. First reading this /~-~ day of ~j~_~ , 1976. // Secomd, final reading and passage this ~ ~ day of c~z~/~ CITY OF BOYNTON BEACH, FLORIDA. By: Mayor Council ATTEST: Cily Clerk ~'ouncil ~lV~mb e r ~ -5-