Non-Conforming Uses and Zoning
Non-conforming uses are grandfathered when zoning changes. Some municipalities impose amortization (5-25 year phase-out); legality uncertain in Florida (potential takings issue). Rights run with the land and transfer to new owners. Value depends on use profitability and remaining lifespan.
Amortization
- Phase-out period (5-25 years)
- Florida: legality uncertain (takings issue)
Value Impact
- May be higher (unique, no competitor replication)
- May be lower (restrictions, limited lifespan)
Transfer
- Runs with the land (transfers to new owner)
- Same conditions and restrictions apply
- Verify status with municipality before purchase
Related Terms
- Non-Conforming Use — Overview
- Zoning — Land use regulation
Barnes Walker Land Use
Barnes Walker’s attorneys handle non-conforming use zoning issues in Florida. Request a legal inquiry for assistance.
Florida Law Reference
Fla. Stat. Ch. 163, Part II (Community Planning Act)
Requires local governments to adopt comprehensive plans and land development regulations governing zoning, density, and permitted land uses.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC