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 Broward County
 Code of Ordinances
 Chapter 39. ZONING
 Article VII. NONCONFORMING USES AND STRUCTURES

§ 39-69. Establishment of nonconforming use.  

Latest version.

  • (a)

    Existing uses . Any lawful use of land or structures existing prior to the effective date of any zoning resolution or ordinance affecting the plot which precludes such use is hereby declared not to be in violation of this code and may be continued, except as provided in Subsection (b) of this section. Such a nonconforming use shall be subject to all of the provisions of this article pertaining to its continuance, change, and discontinuance as well as all other provisions in this code relating to nonconforming uses.

    (b)

    Where a period of time is specified in this article, or in any other article of this Code, for the removal or discontinuance of nonconforming buildings, structures or uses, said period shall be computed from the effective date of such reclassification or change of regulations.

    (c)

    Establishment of nonconforming uses. In order to establish a nonconforming use, existing at the effective date of this article, or any use which thereafter becomes nonconforming, the property owner shall apply for and be issued a Certificate of Legal Nonconformity. The applicant shall submit at least two (2) of the following:

    (1)

    A sealed survey dated prior to the effective date of the resolution or ordinance which precluded the use, indicating that the use and buildings and structures accessory thereto were in existence;

    (2)

    Three (3) sworn affidavits from persons having personal knowledge of the existence of the use and any accessory buildings and structures prior to the effective date of the resolution or ordinance which precluded the use;

    (3)

    Verifiable photographs indicating the existence of the use and any accessory buildings and structures prior to the effective date of the resolution or ordinance which precluded the use;

    (4)

    Copies of building permits issued prior to the effective date of the resolution or ordinance which precluded the use, indicating the proposed use and the size and location of any accessory buildings or structures.

    (5)

    If, after review the use is determined to have met all requirements of this article, a certificate of legal nonconformity shall be issued by the zoning official, or designee.

(Ord. No. 95-50, § 13, 11-28-95; Ord. No. 2000-30, § 1, 6-13-00; Ord. No. 2013-04, § 2, 2-12-13)