Question 1

What is a non-conforming use?

Accepted Answer

A non-conforming use (also called a grandfathered use) is a property use that was legal when established but does not conform to the current zoning regulations. When a municipality changes its zoning, existing uses that do not comply with the new zoning are typically allowed to continue as non-conforming uses. In Florida, non-conforming uses: may continue indefinitely (as long as they are not abandoned, expanded, or significantly altered), cannot be expanded or intensified (the use cannot grow beyond its current scope), and lose their protected status if abandoned (typically after 12-24 months of non-use, depending on the local ordinance).

Question 2

Can a non-conforming use be expanded in Florida?

Accepted Answer

Expansion: generally, no. Florida local governments typically prohibit: expanding the building or structure used for the non-conforming activity, increasing the intensity of the use (adding more units, extending hours, increasing production), and extending the non-conforming use to additional property. However: routine maintenance and repairs are permitted (the property owner can maintain the building in its current condition), some municipalities allow limited modifications that do not increase the non-conforming aspect, and the property owner may apply for a variance or special exception to modify the use. If the building is substantially destroyed (typically 50-75% of value), the non-conforming use cannot be rebuilt without obtaining a variance or rezoning.

Question 3

How is abandonment of a non-conforming use determined in Florida?

Accepted Answer

Abandonment: a non-conforming use is abandoned when: the use ceases for a specified period (typically 12-24 months, depending on the local ordinance), and the property owner demonstrates intent to abandon (or failure to resume the use within the specified period creates a presumption of abandonment). Once abandoned, the non-conforming use cannot be resumed: the property must be used in conformity with the current zoning. Florida courts consider: the length of time the use was discontinued, whether the property owner took steps to resume the use, and the property owner’s stated intent.

Non-Conforming Use

Non-Conforming Use (Grandfathered)

Rights

Restrictions

Abandonment

Related Terms

Barnes Walker Land Use

Ready to Get Started?