FL Non-Conforming Use
FL non-conforming use: lawfully established before zoning change, no longer complies. Grandfathered: can continue. Cannot expand, intensify, or change without approval. Abandoned 6-12 months: right lost. Protections: right to continue, maintain/repair, rebuild after casualty. Article X, Section 6 takings protection. Restrictions: no expansion, no change, abandonment, and amortization (controversial, may require compensation).
What It Is
- Lawful before change
- Grandfathered
Protections
- Continue, maintain, rebuild
- Takings protection
Restrictions
- No expand, no change
- Abandonment: 6-12 months
- Amortization
Related Terms
Barnes Walker Zoning
Barnes Walker handles FL non-conforming. Request a legal inquiry.
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