§ 2.07.00. Nonconforming lots, uses and structures.

2.07.01

Intent.

Within the districts established by this zoning ordinance, there exist lots, structures, improvements, uses of land or water and characteristics of use which were lawful before the adoption of this zoning ordinance, but which would be prohibited, regulated or restricted under the terms of this zoning ordinance or future amendments.

It is the intent of this zoning ordinance to permit such of these nonconformities as create relatively minor friction to continue until they are removed by economic forces or otherwise, and to require discontinuation within a reasonable period of nonconformities which are most detrimental to the areas in which they are located. It is not the intent of this zoning ordinance or amendments thereto to encourage the survival of nonconformities since it has been determined that they are incompatible with the character of districts involved.

Further, it is not the intent of this zoning ordinance to permit such nonconformities to be enlarged upon, expanded, extended, or structurally altered to occupy a greater area of land and/or water than was occupied at the effective date of this article or to be used to justify adding structures or uses prohibited elsewhere in the same district.

2.07.02

Enlargement and incompatibility.

Nonconforming uses are declared by this zoning ordinance to be incompatible with permitted uses in the districts involved. Only that portion of the land or water in actual nonconforming use may be so continued and any nonconforming structures or improvements shall not be enlarged, increased, extended, intensified, substituted, moved or structurally altered to occupy a greater area of land, space and/or water than was occupied at the effective date of this article, except when required to do so by law or order or so as to comply with the provisions of this article.

2.07.03

Work in process.

To avoid undue hardship, nothing in this zoning ordinance shall be deemed to require a change in the plans, construction or designated use of any building on which a building permit has been issued prior to the adoption of this zoning ordinance. If actual construction has not begun under a permit issued prior to the adoption of this zoning ordinance within six months of the date of issuance of the permit, such permit shall become invalid and shall not be renewed except in conformity with this article.

2.07.04

Nonconforming use of open land.

Where open land; i.e., land not enclosed by buildings, is being used for nonconforming use, such use shall not be extended or enlarged either on the same or adjoining property.

2.07.05

Nonconforming use of buildings.

Except as otherwise provided herein, the lawful use of a building existing at the effective date of this zoning ordinance may be continued although such use does not conform to the provisions hereof.

2.07.06

Discontinuance of nonconforming uses.

Whenever a nonconforming use of a building, or a portion thereof has been discontinued, as evidenced by the lack of use, or vacancy for a period of 90 days or more, or by substituting a conforming use, such nonconforming use shall not thereafter be re-established and the future use shall be in conformity with provisions of the district in which it is located.

Whenever a nonconforming use of a building has been changed to a conforming use, the new conforming use must meet the off-street parking requirements of this article, as established in section 2.06.03 "Off-street parking; space required."

2.07.07

Destruction of a nonconforming use.

No building which has been damaged by any means to an extent of more than 60 percent of the assessed value of the building immediately prior to damage, shall be restored except in conformity with the regulations of the ordinance, and all rights as a nonconforming use are terminated. If a building is damaged by less than 60 percent of the assessed value, it may be repaired or reconstructed and used as before the time of damage, provided that such repair or reconstruction be substantially completed within 12 months of the date of such damage.

2.07.08

Nonconforming lots of record.

In any district in which single-family dwellings are permitted, a single-family dwelling and customary accessory building may be erected, expanded or altered on any single lot of record which was so recorded on or before the effective date of adoption of this ordinance, notwithstanding certain limitations imposed by the provisions of this ordinance. This provision shall apply even though such lot failed to meet the requirements for area or width, or both that are generally applicable in the district, provided that yard dimensions and requirements other than those applying to area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located.

In any district, a conforming use or structure on a nonconforming lot of record which was so recorded on or before the effective date of adoption of this ordinance may be expanded or altered provided other requirements of this ordinance are met.

After the effective date of adoption of this ordinance, no lot or parcel in any district shall be so divided as to create a lot with area or with area or width below the requirements of this ordinance; and no lot or parcel or portion of a lot or parcel shall be altered in a manner which diminishes compliance with lot area and width requirements established by this ordinance.

2.07.09

Nonconforming characteristics of use.

If characteristics of use such as off-street loading, or other matters pertaining to the use of land, structures or premises are made nonconforming by this zoning ordinance as adopted or amended, nor change shall thereafter be made in such characteristics of use which increases nonconformity with the regulations set out in the zoning ordinance; provided, however, that changes may be made which do not increase or which decrease, such nonconformities.

2.07.10

Repairs and maintenance.

On any nonconforming structure or portion of a structure and on any structure containing a nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs (repairs as required by safety, not affecting size or use), or on repair or replacement of 15 percent of the current just value of the structure (or of the nonconforming portion of the structure if a nonconforming portion of the structure is involved), provided that the cubic content of the structure existing after the date it became nonconforming shall not be increased.

2.07.11

Nonconforming structures unsafe because of maintenance.

If a nonconforming structure or portion of a structure or any structure containing a nonconforming use becomes physically unsafe or unlawful due to lack of repairs or maintenance and is declared by any duly authorized official of Orange Park to be an unsafe building, it shall not thereafter be resolved, repaired, or rebuilt except in conformity with the regulations of the district in which it is located.

2.07.12

Nonconforming residential developments exceeding eight dwelling units per acre.

Existing residential developments which exceed eight dwelling units per acre shall be allowed to remain at its existing density. In the event of natural, man-made or market conditions, these developments may be reconstructed to existing density levels.

2.07.13

Amortization and compulsory termination of certain nonconforming uses.

Pursuant to F.S. § 163.205(f), fair and reasonable schedules for elimination of certain classes of nonconforming uses are authorized.

These amortization periods hereby established are reasonable and fair periods related to the investment established in the nonconforming use and based on balancing the public interest against the private loss.

2.07.13.01

Reserved.

2.07.14

Uses permitted by virtue of the granting of a conditional use that runs with the land.

If a given parcel of land is subject to a conditional use that is transferable and runs with the land, and the conditional use no longer exists under the land development regulations, then the use allowable pursuant to said conditional use shall continue to be permitted unless:

(a)

The property owner, his or her agents, or a tenant is found by order of the special magistrate of the Town of Orange Park to be in violation of a condition of said conditional use; or

(b)

The zoning designation for the parcel of land is amended.

If either (a) or (b) occurs, the conditional use shall be deemed expired and the use allowable pursuant to said conditional use shall be completely eliminated or altered to conform not later than 90 days from the occurrence of (a) or (b).

(Ord. No. 16-16, § 1(Exh. A), 10-18-2016)