FL Grandfathered Rights (Non-Conforming)
FL grandfathered rights: continue use lawful when established. Prove: existed before change, lawful (permits), and continuous. Evidence: permits, licenses, tax, utility, photos. Transfer: run with land to new owners; change/expansion may terminate. Lost: abandonment (6-12 months + intent), destruction (50-75%), expansion, and change. Government bears burden of proving abandonment. Verify before purchasing.
What They Are
- Continue lawful use
- Run with land
Proving
- Existed before change
- Permits, tax records
- Continuous use
How Lost
- Abandonment: 6-12 months
- Destruction: 50-75%
- Expansion or change
Related Terms
Barnes Walker Zoning
Barnes Walker handles FL grandfathered rights. 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