8.1.1

Purpose and intent.

(A)

Generally. Within the provisions established by these LDRs, there exist uses of land, structures, lots of record, towers and signs that were lawfully established before these LDRs were adopted or amended, which now do not conform to its terms and requirements. The purpose and intent of this article is to regulate and limit the continued existence of those uses, structures, lots of record, signs and towers which do not conform to the provisions of these LDRs or any amendments thereto.

(B)

Permit nonconformities to continue until removed, but not encourage survival. It is the intent of these LDRs to permit these nonconformities to continue until they are removed, but not to encourage their survival except under the limited circumstances established in this article. The provisions of this article are designed to curtail substantial investment in nonconformities to preserve the integrity of these LDRs.

8.1.2

Authority to continue. Existing nonconformities and nonconformities under actual construction as of February 27, 2006, are allowed to continue in accordance with the standards of this article.

8.1.3

Determination of nonconformity status.

(A)

Generally. In all cases, the burden of establishing that a nonconformity lawfully exists shall be on the owner of the land on which the purported nonconformity is located.

(B)

Casual, temporary or illegal use does not establish nonconformity. The casual, temporary, or illegal use of land or structures shall not be sufficient to establish the existence of a nonconformity, nor does it create rights to continue the nonconformity.

8.1.4

Minor repairs and maintenance. Minor repairs and normal maintenance that are required to keep nonconforming uses, structures, lots of record, signs and towers in a safe condition are permitted, provided the minor repair or maintenance does not extend, expand, or enlarge the nonconforming use, structure, lot of record, sign or tower. For the purposes of this section, the term "minor repair or normal maintenance" means:

(A)

Maintenance of safe condition. Repairs that are necessary to maintain a nonconforming use, structure, or tower in a safe condition;

(B)

Correction of damage or deterioration. Repairs that are necessary to correct any damage or deterioration to the structural soundness or interior appearance of a structure without altering the structure;

(C)

Maintenance of land for safety. Maintenance of land areas to protect against health hazards and promote the safety of surrounding uses; and

(D)

Limited sign repairs and maintenance. Repairs and maintenance of nonconforming signs, such as repainting and electrical repairs, whose costs do not exceed 50 percent of the replacement cost of the sign.

8.1.5

Change of tenancy or ownership. The status of a nonconforming use is not affected by changes of tenancy, ownership or management.

8.1.6

Change in characteristics of use. If the characteristics of a use (i.e., signage, off-street parking and loading, landscaping, density, intensity or other characteristic pertaining to the use), structure or premises are rendered nonconforming by the Comprehensive Plan, these LDRs, or an amendment thereto, no change shall be made that increases the nonconformity with the standards of these LDRs. However, changes that do not increase or that decrease the amount of nonconformity are allowed under these LDRs.

8.1.7

Structural additions. No structures or additions to structures shall be added to nonconforming uses, structures, or lots containing a nonconformity except in a manner that is consistent with the goals, objectives, and policies of the Comprehensive Plan and the standards of these LDRs.

8.1.8

Discontinuance or abandonment.

(1)

Generally. If a nonconforming use or structure is discontinued or abandoned for a continuous period of 12 months or more, or is changed to or replaced by a conforming use or structure, it shall lose its nonconformity status, except as provided in Section 8.2.5, Reconstruction after casualty damage, or Section 8.3.5, Restoration after casualty damage.

(2)

Development after discontinuance or abandonment. Any subsequent development shall be consistent with the goals, objectives, and policies of the Comprehensive Plan and shall comply with the standards in these LDRs.

(3)

Impeded access. If an act of government prevents access to the nonconformity, the calculation of an abandonment or discontinuation period shall not include the amount of time when access was impeded.

8.2.1

Generally. Nonconforming uses are declared generally incompatible with the permitted uses in the zone district in which they are located and with the provisions of these LDRs. Nonconforming uses shall be subject to the standards set forth in this section.

8.2.2

Change of use.

(A)

Generally. A nonconforming use shall not be changed to another nonconforming use, except in accordance with Section 2.4.15, Certificate of LDR compliance, and this section, and, only when the LDR Administrator determines the new nonconforming use is more similar to or comparable with the permitted uses in the district than the existing nonconforming use. In determining whether a proposed use is more similar to or comparable with the permitted uses in the zone district, the following factors shall be considered:

(1)

More comparable in size, type, and scope. Whether the proposed nonconforming use is more comparable in size, type, and scope to permitted uses in the zone district;

(2)

More comparable in density and intensity of use. Whether the proposed nonconforming use is more comparable in density or intensity, including hours of operation, traffic, noise, and similar visual impacts, to permitted uses in the zone district; and

(3)

Less detrimental effect. Whether the proposed nonconforming use will have a less detrimental effect on conforming uses in the surrounding area than the existing nonconforming use.

(B)

Off-street parking. Any new nonconforming use approved in accordance with this subsection and Section 2.4.15, Certificate of LDR compliance, shall comply with the standards for off-street parking in Section 6.1, Off-street parking and loading standards, for the marginal increase of off-street parking required for the new conforming use versus the off-street parking required for the existing nonconforming use. Computation of parking required for the existing nonconforming use and the new nonconforming use shall be based on the land or building space subject to change.

(C)

Conditions of approval. In permitting the change in nonconforming use, the LDR Administrator may require appropriate conditions and safeguards to ensure consistency with the purposes of this subsection that the new nonconforming use is more compatible and comparable with permitted uses in the zone district than the existing nonconforming use.

8.2.3

Expansion and enlargement.

(A)

Area occupied by nonconforming use. A nonconforming use shall not be expanded in the structure's area occupied, except that it may be enlarged into any area of the same structure in which it is located that was manifestly arranged or designed for such use prior to the date it became a nonconformity.

(B)

Moved to another location. A nonconforming use shall not be moved to any other location or within the lot on which it is located unless the use conforms to the standards and requirements of these LDRs.

(C)

Structure devoted to nonconforming use. A structure devoted to a nonconforming use shall not be expanded, moved, or structurally altered except to change the structure to a use permitted in the district in which the structure is located.

8.2.4

Accessory uses. No use accessory to a principal nonconforming use shall continue after the principal use terminates, except in accordance with Subsection 8.2.2 of this section, Change of use.

8.2.5

Reconstruction after casualty damage.

(A)

Damage up to 50 percent of value. When a structure or portion of a structure housing a nonconforming use is damaged up to 50 percent of its replacement value at the time of the casualty, it may be restored if:

(1)

Restoration is begun within 12 months and completed within 24 months of the date of the casualty; and

(2)

Any expansion complies with Subsection 8.2.3 of this section, Expansion and enlargement.

In restoring the structure housing the nonconforming use, changes are permitted that reduce the degree or extent of the nonconforming use.

(B)

Damage greater than 50 percent of value. When a structure housing a nonconforming use is damaged to an extent of more than 50 percent of its replacement value at the time of the casualty, its status as a nonconformity terminates, and it shall not be restored except as a conforming use.

8.2.6

Uses subject to special exception permit. In cases where there are lawfully existing (developed) permitted uses in a zone district that are changed to special exception uses by amendment to these LDRs, any lawfully existing permitted uses (developed) at the time of amendment shall be considered conforming, and are not required to obtain approval of a special exception permit (Section 2.4.4). However, any expansion, enlargement, or intensification of the use shall require approval of a special exception permit in accordance with Section 2.4.4, Special exception permit. (Failure to obtain special exception approval prior to expansion, enlargement, or intensification shall constitute a violation of these LDRs, and shall render the use nonconforming.)

8.3.1

Relationship with nonconforming uses. Where a nonconforming structure houses a nonconforming use, the regulations for nonconforming structures and nonconforming uses shall both apply. In case of conflict, the rules for nonconforming uses shall prevail.

8.3.2

Continuation. A nonconforming structure may continue as it existed when it became nonconforming, as long as it is maintained in its then structural condition.

8.3.3

Enlargement.

(A)

No enlargement or expansion if increase nonconformity. Any enlargement, alteration, or expansion of a nonconforming structure that increases the degree of nonconformity is prohibited. (For example, a structure that has a five-foot side setback where these LDRs require a ten-foot side setback cannot be enlarged to further encroach into the side setback.)

(B)

May enlarge or expand if increase nonconformity. A nonconforming structure may be enlarged, extended, reconstructed, altered, or structurally altered in ways that do not increase or intensify the elements of nonconformity, or in ways which decrease the amount of nonconformity.

8.3.4

Relocation. A nonconforming structure shall not be moved, in whole or in part, to another location on or off the parcel of land on which it is located, unless it conforms to the standards of these LDRs.

8.3.5

Restoration after casualty damage.

(A)

Damage up to 50 percent of value. When a nonconforming structure is damaged up to 50 percent of its replacement value at the time of the casualty, it may be restored if:

(1)

Restoration is begun within 12 months and completed within 24 months of the date of the casualty; and

(2)

Any expansion complies with Subsection 8.3.3 of this section, Enlargement.

In restoring the structure, changes are permitted that reduce the degree or extent of nonconformity.

(B)

Damage greater than 50 percent of value. When a nonconforming structure is damaged to an extent of more than 50 percent of its replacement value at the time of the casualty, its status as a nonconformity terminates, and it shall not be restored except as a conforming use.

8.4.1

Status of structures on nonconforming lots. Conforming structures on a nonconforming lot may be continued, enlarged, extended, reconstructed or structurally altered in any way that is in conformance with the standards of these LDRs.

8.4.2

Development of unimproved lots in residential districts.

(A)

Generally. If an unimproved lot in a residential district was part of a subdivision or division of land evidenced by plat or deed, or both, recorded prior to January 22, 1992, one single-family detached dwelling and any customary accessory structures may be developed on the lot, even though the lot does not comply with the minimum lot area or width standards established in Table 5.1-2, Table of Dimensional Standards in the Residential Districts, provided such use is an allowable use in the zone district where the lot is located. The following standards shall also apply:

(1)

The lot shall be in separate ownership;

(2)

The lot shall not be of continuous frontage with other lots under the same ownership;

(3)

The development shall conform to all other standards of these LDRs, including setback standards, or shall have obtained a variance permit in accordance with Section 2.4.7, Variance permits.

(B)

Consolidation. If two or more adjacent unimproved lots of record are in a residential district and under single ownership, and do not individually meet the minimum lot width or area standards for the district where they are located (see Table 5.1-2, Table of Dimensional Standards in the Residential Districts), such lots shall be treated as a single lot for the purposes of development, and shall be subject to the standards of these LDRs.

8.4.3

Development of improved lots in residential districts after casualty. If an improvement is destroyed by casualty, or is demolished for the purposes of reconstruction as a part of a local, State or Federal Housing Rehabilitation Program, on a lot of record in a residential district, one single-family detached dwelling (or mobile home dwelling in the RMH and RMH-P districts) and any customary accessory structures may be reestablished on the lot within 18 months of the casualty. This development after casualty may take place even though the lot does not comply with the minimum area, setbacks, or, width standards in Table 5.1-2, Table of Dimensional Standards in the Residential Districts.

8.4.4

Governmental acquisition of lot in residential district. Governmental acquisition of a portion of a lot for a public purpose in a residential district that results in reduction in lot width and area below that required by Table 5.1-2, Table of Dimensional Standards in the Residential Districts, shall not make the lot nonconforming.

8.5.1

A sign which was lawfully erected prior to February 27, 2006, but which does not conform in one or more respects with the requirements of Section 6.5 may remain in use, subject to the requirements of these LDRs and other applicable requirements of City of Alachua ordinances. For purposes of this subsection, a sign which was erected in accordance with the terms of a variance approved by the Board of Adjustment shall be considered to have been lawfully erected.

8.5.2

Any lighting which does not conform to Section 6.5 and which is not an integral part of the sign that it lights shall be removed.

8.5.3

Any sign which does not conform to Section 6.5 because of a lack of required maintenance or deferred maintenance shall be removed.

8.5.4

Limitations on other nonconforming signs.

(A)

Except as otherwise provided in Section 6.5, any on-premises sign which is located on property which becomes vacant and unoccupied for a period of at least three months, or any sign which pertains to a time, event, or purpose which is no longer imminent or pending shall be deemed to have been abandoned. Permanent signs applicable to a business temporarily suspended because of a change of ownership or management shall not be deemed abandoned unless the property remains vacant for a period of six months. Abandoned signs are prohibited and shall be removed by the owner of the sign or the owner of the premises.

(B)

Any other nonconforming sign that shall cease being used or cease being leased for a continuous period of six months shall be considered abandoned.

(C)

Any person obtaining a permit from the City for construction of a new building, for expansion of an existing building by more than 1,000 square feet or ten percent of its floor area, whichever is less, or for any improvements valued for permitting purposes at more than $25,000.00 shall, as part of the work or at the same time as the work is performed, remove all nonconforming signs from the property, which nonconforming signs shall be replaced only with signs fully conforming with the requirements of Section 6.5 and these LDRs. If the property affected is a multitenant property, then the person obtaining the permit shall be required only to remove the nonconforming signs directly appurtenant to the portion of the premises for which the permit is issued.

(D)

Change of copy or the substitution of panels or faces on nonconforming signs shall be permitted without affecting the legal status of the sign as a nonconforming sign (subject to requirements for building and electrical permits). Repairs and maintenance of nonconforming signs, such as repainting, electrical repairs and neon tubing, shall be permitted.

(Ord. No. 18-01, § 3(Exh. A), 10-23-2017)

8.6.1

Continuance. Nonconforming towers are allowed to continue.

8.6.2

Minor repairs and normal maintenance. Minor repairs and normal maintenance that is required to keep nonconforming towers in a safe condition is permitted, provided the minor repairs and normal maintenance do not extend or expand any nonconforming tower.

8.6.3

Enlargement. There shall be no expansion or enlargement of a nonconforming tower, except in compliance with the standards of these LDRs. Nothing in this subsection shall prevent the addition of antennas or other equipment to a nonconforming tower, provided they do not increase the overall height of the tower, and provided any ground-based equipment is fenced and screened in accordance with the requirements of these LDRs.

8.6.4

Reconstruction after damage or destruction. Nonconforming towers or antennas that are damaged or destroyed may be rebuilt to their preexisting condition and form within 180 days of the damage or destruction without having to first obtain administrative approval or a special use permit. If the nonconforming tower is not rebuilt within 180 days of its damage or destruction, it shall be considered abandoned, and shall comply with the standards and requirements of these LDRs.

8.6.5

Abandonment. Any antenna or tower that is not operated for a continuous period of 12 months shall receive notice from the LDR Administrator of the abandonment. Failure to remove the abandoned antenna or tower within 90 days of notification shall be grounds to remove the tower or antenna at the landowner's expense.

The remodeling of interior and exterior structures on lands platted and lots of record established after February 27, 2006, that are nonconforming, and the expansion of nonconforming structures shall be subject to the following requirements for off-street parking and landscaping:

8.7.1

Interior and exterior remodeling of buildings or structures. If a building permit is required for interior or exterior remodeling of the building or structure, the remodeling shall require correction of existing on-site nonconforming off-street parking and landscape standards in accordance with this section. (See also Section 6.1, Off-street parking and loading standards, and Section 6.2, Tree protection/landscape/xeriscape standards.)

(A)

25 percent or less of FMV of structure. Remodeling in any continuous 12-month period that costs 25 percent or less of the current fair market value (FMV) of the structure shall not require any correction. (See Table 8.7-1, Required Correction of Other Nonconformities.)

(B)

More than 25 percent but less than 75 percent of FMV of structure. Remodeling in any continuous 12-month period that costs more than 25 percent but less than 75 percent of the current fair market value (FMV) of the structure shall require that a corresponding percentage of the off-street parking and landscaping standards of these LDRs be installed on the site, until the site achieves 100 percent compliance. (For example, if a site has 20 of 30 required parking spaces (66 percent of the required parking) and the cost of the remodeling is 30 percent of the value of the building, then 30 percent of the total amount of required off-street parking shall be provided, or nine spaces, bringing the parking to 96 percent of the total amount of off-street parking required under these LDRs). (See Table 8.7-1, Required Correction of Other Nonconformities.)

(C)

75 percent or more of FMV of structure. Remodeling projects that cost 75 percent or more of the current fair market value (FMV) of the structure shall require 100 percent compliance with the off-street parking and landscaping standards of these LDRs. (See Table 8.7-1, Required Correction of Other Nonconformities).

(D)

Five or fewer additional parking spaces. When five or fewer additional off-street parking spaces are required under this subsection as a result of a remodeling project, such additional off-street parking is not required to be installed. (See Table 8.7-1, Required Correction of Other Nonconformities.)

(E)

Physically constrained properties; comply to maximum extent practicable. Lands that are physically constrained from complying with these provisions shall comply to the maximum extent practicable, as determined by the LDR Administrator. For purposes of determining when a correction is required, the cost of the remodeling shall be as shown on the approved building permit application and the current fair market value of the existing structure shall be based on a market appraisal performed by a certified appraiser, at the applicant's expense.

8.7.2

Additions and expansions. Additions to structures on nonconforming sites shall require correction of existing on-site nonconforming off-street parking and landscaping in accordance with this section.

(A)

Expansion of 50 percent or less of gross square footage over five years. Expansions in any continuous five-year period, that result in a 50 percent or less increase in the gross square footage of the existing structure (measured at the beginning of the five-year period), or the addition of new or increased areas for outdoor operations/storage/display which would result in a 50 percent or less increase of the gross square footage for such outdoor operations/storage/display, require that a corresponding percentage of the off-street parking and landscaping standards of these LDRs (see Section 6.1, Off-street parking and loading standards, and Section 6.2, Tree protection/landscape/xeriscape standards) be installed on the site, until the site achieves 100 percent compliance. (For example, if the addition is 25 percent of the area of the existing structure and the site contains only 50 percent of the required landscaping, 25 percent of the required landscaping for the entire site must be provided, thereby bringing the landscaping on the site to 75 percent of the total required.) Existing landscaping on the site shall be retained or replaced but shall not count toward the required percentage of new landscaping. (See Table 8.7-1, Required Correction of Other Nonconformities.)

(B)

Expansion of greater than 50 percent of gross square footage over five years. Expansions over any continuous five-year period, that results in a greater than 50 percent increase of the gross square footage of the existing structure (measured at the beginning of the five-year period), or the addition of new or increased areas for outdoor operations/storage/display that result in a greater than 50 percent increase of the gross square footage for such outdoor operations/storage/display, require the entire parcel of land to meet all of the off-street parking and landscaping standards of these LDRs. (See Table 8.7-1, Required Correction of Other Nonconformities.)

(C)

Physically constrained properties; comply to maximum extent practicable. Lands that are physically constrained from complying with these provisions shall comply to the maximum extent practicable.