124.38(A) Non-conforming
of a conforming
. The lawful non-conforming
of a
may be continued, although such
does not conform to the regulations of an applicable zoning district within which the
is located. Any such use shall only be changed to a permitted
. A non-conforming
shall not be expanded. If the non-conforming
is
, any further use of said
shall conform to the regulations of the applicable zoning district.
124.38(B) Conforming
of a non-conforming
. A lawful non-conforming
may be utilized for any
that conforms to the regulations of the applicable zoning district within which the
is located. Structural alterations may only be made when they do not increase the degree of non-conformity of the
.
124.38(C) Non-conforming
of a non-conforming
. The lawful non-conforming
of a lawful non-conforming
may be continued although such
and
do not conform to the regulations of the applicable zoning district within which the
is located. However, neither the
nor the
shall be expanded. If the non-conforming
is
, any further
of said
shall conform to the regulations of the applicable zoning district.
124.38(D) Non-conforming
of land. The lawful non-conforming
of land may be continued although such
does not conform to the regulations of the applicable zoning district within which the land is located. However, no such
shall be enlarged, intensified or extended to occupy a greater area of land, nor shall the
be reinstated following abandonment. Any such
shall only be changed to a permitted
within the applicable zoning district. A non-conforming
shall not be moved in whole or part to an adjacent property not already containing such
. In addition, the land which contains the non-conforming
shall not be subdivided in order to continue such a
.
124.38(E) Maintenance. Necessary maintenance may be made to any non-conforming
, provided no structural alterations are made. Further, such work in any 12-month period shall not exceed 25% of the value of such
as shown on the Broward County tax assessment records or as established by an independent appraiser who is a designated member of a nationally recognized professional appraiser’s organization.
124.38(F) Repair of damage. Any non-conforming
that becomes damaged to an extent of 50% or more of the number of on site or of its value as shown on the Broward County tax assessment records, by fire, flood, explosion, wind, war, riot or any other act of God or man, shall not be reconstructed or used or occupied except as provided in the applicable zoning district. In addition, if any non-conforming
becomes physically unsafe or unlawful due to lack of repairs or maintenance, and is declared by the duly authorized official to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired, or rebuilt except in conformity with the regulations of the zoning district in which it is located.
124.38(G) Compliance with regulations. Nothing in this Section shall diminish the responsibility of an
to maintain his or her
or
in full compliance with all other , county, or federal regulations or licensing procedures.
124.38(H) Establishment of non-conformity. For the purpose of this Section, the mere possession of a valid approval to
land or
or valid license to do so without actual demonstrable
of such land or
is an insufficient basis to establish lawful non-conformity.
124.38(I) Abandonment of a non-conforming
or . If a non-conforming
or
is
, removed, discontinued, or ceases (except when government action impedes access to the ), then any and every future
of the
or land shall be in conformity with the applicable land regulations. All material and equipment associated with the
non-conformity shall be completely removed from the by its
. A non-conforming
or
shall be considered
or having ceased when the
has been discontinued for a period of 180 consecutive days.
(Ord. 2010-21, passed 10-4-2010)