A. Lots and Parcels.
1. R-1 District, R-1A District, R-2 District, and R-3 District. A detached single-family dwelling may be constructed on any parcel located in an R-1, R-1A, R-2, or R-3 district, provided that it meets all of the following requirements:
a. The parcel contains at least one (1) whole platted lot, platted prior to August 7, 2001;
b. The parcel, or assemblage of platted parcels which individually meet the requirements of paragraph a. above, has a frontage of not less than fifty (50) feet, and a lot area of not less than five thousand (5,000) square feet (irregular, other than rectangle-shaped lots with less than five thousand (5,000) square feet of area may be developed if in conformance with all other lot regulations);
c. All such parcels, when developed, shall comply with all provisions of the Land Development Regulations and applicable building code regulations, including without limitation sections of the building code regulations regarding the impact of construction and drainage on or to adjacent properties.
2. R-2 District. Within R-2 districts, in subdivisions platted prior to the effective date of these Regulations, where the platted lots have a frontage of at least forty (40) feet but less than fifty (50) feet, the following rules shall apply:
a. A detached single-family dwelling may be constructed on any such parcel, provided that the parcel contains at least one (1) whole platted lot.
b. A duplex dwelling may be constructed on any parcel, provided that it meets the following requirements:
(1) The parcel contains at least two (2) whole platted lots;
(2) Property cannot be acquired from adjacent parcels so as to make the subject parcel conforming, without causing the adjacent parcels to become nonconforming or more nonconforming.
c. For any parcel, lot, or combination of lots, where the total frontage is equal or greater than one hundred twenty (120) feet, and the total area is greater than twelve thousand (12,000) square feet, said property shall not be developed except in accordance with the minimum frontage and lot area required in the R-2 zoning district.
d. Ownership of parcels shall be determined by the property tax rolls on file in the Palm Beach County Property Appraiser's Office as of the effective date of these Regulations.
3. R-1AA District. A detached single-family dwelling may be constructed on any parcel located in an R-1AA district, without requiring a variance, provided that it meets the following requirements:
a. The parcel contains at least one (1) whole platted lot.
b. The parcel has a frontage of not less than sixty (60) feet, and a lot area of not less than six thousand, seven hundred fifty (6,750) square feet in area.
c. It would not be possible to acquire property from adjacent parcels so as to make the subject parcel conforming, without causing the adjacent parcels or structures thereon to become nonconforming or more nonconforming.
For any parcel or lot, or combination of lots under the same ownership, where the total frontage and the total area is equal to or greater than that which is required by the R-1AA district building and site regulations, said property shall not be developed except in accordance with the minimum frontage and lot area required in the particular zoning district.
Not more than one (1) parcel or lot, or combination of lots under the same ownership, that is nonconforming but which meets the requirements under b. above may be developed for a single-family house.
Ownership of parcels shall be determined by the property tax rolls on file in the Palm Beach County Property Appraiser's Office as of the effective date of these Regulations.
4. R-1AAB District. In the R-1AAB district, any parcel which includes, at a minimum, one (1) whole platted lot may be developed without requiring a variance, if it would not be possible to acquire property from adjacent parcels so as to make the subject parcel conforming, without causing the adjacent parcels or structures thereon to become nonconforming or more nonconforming.
Not more than one (1) lot parcel or lot, or combination of lots under the same ownership, that is nonconforming but which meets the requirements of this paragraph may be developed for a single-family house.
5. Densities. The densities created by the rules set forth above shall be construed to be in conformance with the densities shown on the future land use map contained in the city's Comprehensive Plan.
6. Minimum Development Regulations. Nonconforming lots which may be developed without requiring the approval of a variance, and which lie in residential districts, shall meet the minimum property development regulations that are generally applicable in the district; except, however, that the minimum setbacks shall be as follows:
Minimum yard setback requirements:
Front yard 25% of depth
Side yard (corner) 20% of depth
Side yard (interior) 15% of width
Rear yard 25% of depth
provided, however, that the setbacks specified above shall, in no instance, be construed to be greater than the setbacks that are generally applicable in the district in which the lot is located.
The minimum living area on such lots shall be permitted to be reduced below the minimum living area required by the district building and site regulations, to the extent that this reduction is necessary in order to maintain the abovementioned setbacks. Furthermore, the maximum lot coverage on such lots shall be permitted to be increased above the maximum lot area allowed by the district building and site regulations, to the extent that this increase is necessary to obtain the minimum living area required by the district building and site regulations.
7. Non-residential Districts.
a. Generally. In non-residential districts, additional floor area and/or expansions to nonconforming buildings and structures are allowed, provided that the development meets all district setbacks. In non-residential zoning districts, excluding M-1 Light Industrial, if both the lot area and lot frontage are not less than eighty-five percent (85%) of that required for the particular district, then structures and floor area may be added and the use may be changed from a residential to a non-residential use on a nonconforming lot, without requiring the approval of a variance for the lot area or lot frontage. If either the lot area or lot frontage is less than eighty-five percent (85%) of that required for the particular district, then approval of a variance would be required in order to add structures or add floor area to existing buildings or to change the use from a residential to a non-residential use. Improvements which do not add structures or floor area or change the use of the property shall be permitted, regardless of lot size or frontage. For nonconforming lots which are vacant or are proposed to be cleared and redeveloped, approval of a variance shall be required prior to the construction of any structures or establishment of any use on the lot or parcel.
b. M-1 District. A property that does not meet the minimum lot size required by Chapter 3, Article III, Section 6.A.3 shall be considered conforming only if it contained a whole platted lot prior to the effective date of this ordinance (October 2, 2012), and was not in combination with other in which the cumulative size would have met the minimum required by code.
c. Landscaping. All developed or redeveloped lots zoned M-1 or C-4 and determined to be valid nonconforming lots relative to minimum lot area standards shall provide landscaping on-site that meets the intent of the urban landscape code to the maximum extent feasible (see Chapter 4, Article II, Section 4.B).
B. Buildings and Structures. A nonconforming building or structure is a building or structure constructed according to the law existing at the time of permit but which does not presently conform to the property development regulations of this article for minimum site area or dimensions, minimum setback requirements, maximum building or structure height, maximum lot coverage, minimum floor area, parking or loading, or for other characteristics of buildings or structures regulated in this Code, or for its location on the lot. A nonconforming building or structure may continue to exist in a nonconforming state so long as it otherwise conforms to law, subject to the following provisions:
1. Building or Structure Enlargement, Expansion, or Extension. Nonconforming buildings and structures may be enlarged, expanded or extended subject to all property development regulations, including minimum site area and dimensions of the district in which the building or structure is located. No such building or structure, however, shall be enlarged or altered in any way so as to increase its nonconformity. Such building or structure or portion thereof, may be altered to decrease its nonconformity, except as hereafter provided.
2. Building or Structure Deterioration or Destruction.
a. Greater than Fifty Percent (50%). Should the structure or building be deteriorated or destroyed by any means to an extent of more than fifty percent (50%) of the assessed value of the structure or building as determined by the Building Official, it shall not be reconstructed except in conformity with the regulations and standards of the Land Development Regulations.
b. Less than Fifty Percent (50%). Should the structure or building be deteriorated or destroyed by any means to an extent of less than fifty percent (50%) but more than thirty-three percent (33%) of its assessed value as determined by the building official, it may be restored only upon issuance of a variance by the City Commission in accordance with the provisions of Chapter 2, Article II, Section 4.D. herein for the particular building or structure nonconformity or nonconformities. A variance by the City Commission shall not supersede a condemnation order of the Building Official or of the Building Board of Adjustments, and such variance shall not obviate the necessity of obtaining other needed waivers or variances from the city.
3. Building or Structure Relocation. Should such building or structure be moved to a new site or to a new location on the same lot or site, it shall conform to the current property development regulations relevant at the time of the relocation.
C. Newsracks. See City Code of Ordinances Part II, Chapter 15, Article VI for additional regulations regarding nonconforming newsracks.
D. Signs. See Chapter 4, Article IV, Section 7 for additional regulations regarding nonconforming signs.
E. Satellite Earth Stations and Antennas. See Section 12.E. below for additional nonconforming regulations regarding satellite dishes and antennas.
F. Uses. See Chapter 3, Article IV, Section 5 for additional regulations regarding nonconforming use regulations.
G. Certificate of Conformity.
1. Applicability. The provisions of this section shall apply to any real property which has been or will be rendered nonconforming because of the institution of eminent domain proceedings by a governmental agency. Any nonconforming lot so created shall be deemed a conforming lot upon the issuance of a certificate of conformity as provided in this section.
2. Process. The process by which to obtain a certificate of conformity shall be in accordance with Chapter 2, Article II, Section 6.A.
3. Regulations. The Director of Planning and Zoning or designee shall issue a certificate of conformity if the following regulations are met:
a. Severance or business damages relative to the remainder lot would be reduced by the issuance of the certificate of conformity.
b. A site plan for the remainder lot has been prepared which minimizes the nonconformities caused by the eminent domain proceedings, and is otherwise consistent with all requirements of the zoning code.
c. The remainder lot can reasonably and safely function if redeveloped in accordance with the site plan described above.
4. Landscape. All lots subject to eminent domain proceedings must provide perimeter landscaping abutting rights-of-way to screen off-street parking, vehicular use, exterior service and storage areas to the extent physically possible and deemed feasible by staff. Landscaping shall be provided in areas of non-pedestrian or non-vehicular use.
5. Enforcement. Noncompliance with the provisions set forth pursuant to the issuance of the certificate of conformity shall constitute a violation and is subject to those procedures set forth in City Code of Ordinances Part II, Chapter 2, Article 5.
(Ord. 10-025, passed 12-7-10; Am. Ord. 12-016, passed 10-2-12)