The regulations of this Article govern uses, structures, lots, signs and other situations that came into existence legally but that do not conform to one or more requirements of this ULDC. These are referred to in this Code as "nonconformities."

(Ord. No. 05-10, § 2, 12-8-05; Ord. No. 2020-25, § 2(Exh. A), 11-10-20)

In order to encourage development consistent with this ULDC and provide owners with reasonable use of their land, it is the general policy of the County to allow uses, structures, signs, lots and other situations that came into existence legally, in conformance with then applicable requirements, to continue to exist and be put to productive use, but to bring as many aspects of such situations into compliance with existing regulations as is reasonably possible in a manner consistent with the Comprehensive Plan.

(Ord. No. 05-10, § 2, 12-8-05; Ord. No. 2020-25, § 2(Exh. A), 11-10-20)

The regulations of this Article are intended to:

(a)

Recognize the interests of owners in continuing to use their property;

(b)

Promote reuse, rehabilitation, and redevelopment of existing buildings and sites; and

(c)

Prohibit the expansion and alteration of nonconformities that have the potential to adversely affect surrounding properties or the community as a whole.

(Ord. No. 05-10, § 2, 12-8-050; Ord. No. 12-09, § 2(Exh. A), 10-9-12; Ord. No. 2020-25, § 2(Exh. A), 11-10-20)

Any nonconformity that existed on January 30, 2006, or that becomes nonconforming upon the adoption of any amendment to this ULDC, may be continued in accordance with the provisions of this Article.

(Ord. No. 05-10, § 2, 12-8-05; Ord. No. 2020-25, § 2(Exh. A), 11-10-20)

The burden of proving that a nonconformity exists rests with the subject owner.

(Ord. No. 05-10, § 2, 12-8-05; Ord. No. 2020-25, § 2(Exh. A), 11-10-20)

(a)

Incidental repairs and normal maintenance necessary to keep a nonconforming structure in sound condition are permitted unless such repairs are otherwise expressly prohibited by this ULDC.

(b)

Nothing in this Article will be construed to prevent structures from being structurally strengthened or restored to a safe condition, in accordance with an official order of a public official.

(Ord. No. 05-10, § 2, 12-8-05; Ord. No. 2020-25, § 2(Exh. A), 11-10-20)

Nonconformity status runs with the land and is not affected by changes of tenancy, ownership, or management.

(Ord. No. 05-10, § 2, 12-8-05; Ord. No. 2020-25, § 2(Exh. A), 11-10-20)

A use permitted by temporary use permit, or a use permitted by special use permit or special exception under previous zoning regulations; and which is a permitted use under the current ULDC shall be allowed to continue, extend, enlarge, expand, rebuild, or repair consistent with the requirements of the current ULDC, subject to voluntary termination of the previous approval in accordance with Section 402.126.5 of this ULDC. So long as the existing permit remains valid, the use may continue, extend, enlarge, expand, rebuild, or repair consistent with the conditions of the existing development order.

(Ord. No. 05-10, § 2, 12-8-05; Ord. No. 12-09, § 2(Exh. A), 10-9-12; Ord. No. 2020-25, § 2(Exh. A), 11-10-20)

(a)

Nonconforming structures may remain, subject to the regulations of this Section.

(b)

Structural alterations.

(1)

Structural alterations are permitted if the structural alteration does not increase the extent of nonconformity.

(2)

When a structure is nonconforming because it encroaches into a required zoning district setback, this provision will be interpreted as allowing other portions of the structure to be expanded into the same setback area as long as there is no greater encroachment into the required setback than has already occurred with the existing structure.

(c)

Moving. A nonconforming structure may be moved in whole or in part to another location on the subject parcel only if the movement or relocation decreases or eliminates the nonconformity.

(Ord. No. 05-10, § 2, 12-8-05; Ord. No. 2018-23, § 2(Exh. A), 10-9-18; Ord. No. 2020-25, § 2(Exh. A), 11-10-20)

When a building or structure does not conform to the provisions of this ULDC and is damaged to the extent of more than two-thirds (⅔) of its fair market value immediately prior to the time of destruction, as determined by the property appraiser of Alachua County, Florida, it may not be restored except in conformity with the regulations of the applicable zoning district. This provision does not apply to single-family dwellings.

(Ord. No. 05-10, § 2, 12-8-05; Ord. No. 2020-25, § 2(Exh. A), 11-10-20)

Editor's note— Ord. No. 2020-25, § 2(Exh. A), adopted November 10, 2020, repealed the former Section 408.11 in its entirety, which pertained to the definition of a nonconforming use, and derived from Ord. No. 05-10, § 2, adopted December 8, 2005; Ord. No. 12-09, § 2(Exh. A), adopted October 9, 2012, and Ord. No. 19-12, § 2(Exh. A), adopted April 23, 2019.

(a)

A nonconforming use of a structure shall be allowed to continue provided that it shall not be:

(1)

Changed to another nonconforming use except where it is determined by the BOCC in accordance with the review process identified in Chapter 402, Article XIII, Rezoning, that:

a.

The design, construction, and character of the building is unsuitable for uses permitted in the district in which such nonconforming use is situated;

b.

It is further determined that the proposed nonconforming use, including its customary accessory uses, is equally or more appropriate to the district than the existing nonconforming use; and

c.

That the relation of the structure to the surrounding properties is such that adverse effects on occupants of neighboring properties will not be greater than if the existing nonconforming use is continued.

(2)

Extended, enlarged, or expanded; unless under one of the following exceptions:

a.

Structural alterations to single-family residences shall be permitted if the cost of the structural alteration does not exceed fifty (50) percent of the market value of the structure.

b.

A single unenclosed covered structure less than one thousand five hundred (1,500) square feet may be added to non-residential sites provided that such structure complies with any required setbacks. This is subject to administrative development plan review.

c.

A manufactured or mobile home established as a legal permanent residence prior to September 28, 1992 and which has not been vacant for longer than one hundred eighty (180) days may be repaired, rebuilt or replaced in accordance with the following requirements:

1.

The repaired, rebuilt, or replaced manufactured or mobile home meets the requirements and limitations, with the exception of zoning district, in Chapter 404; and

2.

The zoning administrator determines that the replacement mobile home or manufactured home is newer than the unit being replaced.

(Ord. No. 05-10, § 2, 12-8-05; Ord. No. 06-14, § 2(Exh. A), 7-20-06; Ord. No. 15-06, § 2(Exh. A), 4-14-15; Ord. No. 19-12, § 2(Exh. A), 4-23-19; Ord. No. 2020-25, § 2(Exh. A), 11-10-20)

(a)

Once a nonconforming use is abandoned, the use's nonconforming status is lost, and any subsequent use of the property shall comply with the regulations of the zoning district in which it is located. A nonconforming use will be considered abandoned when any of the following occurs:

(1)

The intent of the owner to discontinue the use is apparent;

(2)

The use has been discontinued for a period of eighteen (18) months or more;

(3)

A demolition permit has been applied for;

(4)

The characteristic equipment and furnishings associated with the nonconforming use have been removed from the premises and have not been replaced by similar equipment within ninety (90) days, unless other facts show intention to resume the nonconforming use;

(5)

The nonconforming use has been replaced by a conforming use; or

(6)

A building permit to reconstruct a damaged nonconforming use has not been secured within twelve (12) months of the date of occurrence of such damage or construction has not been diligently pursued.

(b)

When a building or structure, the use of which does not conform to the provisions of this ULDC, is damaged to the extent of more than two-thirds (⅔) of its fair market value immediately prior to the time of destruction, as determined by the County property appraiser, the use may not be restored except in conformity with the regulations of the applicable zoning district. This provision does not apply to single-family dwellings.

(Ord. No. 05-10, § 2, 12-8-05; Ord. No. 2020-25, § 2(Exh. A), 11-10-20)

Nonconforming uses of land, not contained within principal buildings and any open use of land that becomes nonconforming because of subsequent amendments to this ULDC, including but not limited to open storage; building supplies; vehicle, implement and machinery storage, either on the same lot or on another lot with a plant, factory or sales facility; junkyards; kennels; commercial dairies that did not exist prior to October 2, 1991; commercial animal raising and similar uses shall comply with this ULDC or be discontinued on or before eighteen (18) months following notice by certified mail by the County, unless that time period for conformance or extension is extended by the BOCC. Prior to the conclusion of eighteen (18) months following notice of nonconformance by the County, a property owner may submit an application for an extended time period for conformance or discontinuance of a nonconforming open use of land in accordance with Chapter 402, Article II, Common Development Application Elements. At a properly noticed public hearing, the BOCC shall consider the following as part of its decision to approve or deny an application for an extended time period for conformance or discontinuance of a nonconforming use, and, if approved, its decision of how long to extend the time period:

(a)

To what extent the nonconforming use adversely affects the health, safety and welfare of the public; and

(b)

Whether and to what extent, before the use became nonconforming, the owner made a substantial change in position or incurred extensive obligations and expenses that cannot be mitigated or recovered on or before eighteen (18) months following notice of nonconformance by the County.

The BOCC may require that satisfactory provisions be made to reduce noise, glare or odor effects on surrounding properties as a condition of granting an extension of the time period for conformance or discontinuance. These provisions may include, but are not limited to, increased setbacks from the property lines, additional screening or buffering from neighboring properties, and limited hours of operation. If a property owner or other lawful occupant of a property for which the BOCC has approved a time period extension, fails to comply with the conditional provisions of the approval, the Board may, at a properly noticed public hearing, revoke the time period extension. Nothing in this provision prevents the BOCC from requiring the immediate conformance or discontinuance of a nonconforming use if it determines a particular use to be an imminent and substantial threat or nuisance to the health, safety, and welfare of the public.

(Ord. No. 05-10, § 2, 12-8-05; Ord. No. 12-09, § 2(Exh. A), 10-9-12; Ord. No. 2020-25, § 2(Exh. A), 11-10-20)

A use accessory to a principal nonconforming use or structure may not be continued after the principal use or structure has lost its nonconforming status or been discontinued.

(Ord. No. 05-10, § 2, 12-8-05; Ord. No. 12-09, § 2(Exh. A), 10-9-12; Ord. No. 2020-25, § 2(Exh. A), 11-10-20)

(a)

Merger. Where two (2) or more contiguous lots are under the same ownership as of October 2, 1991, the adoption date of the 1991 Comprehensive Plan, and one or more of those lots is nonconforming, such lot or lots shall be combined to form one or more building sites meeting the lot requirements of the zoning district or the Comprehensive Plan land use designation in which they are located as best possible, except in cases where such nonconforming legal lots of record are determined to be vested under the provisions of Chapter 402, Article XXVII, Vested Rights, of this ULDC. Legal lots of record created from a parent parcel as a lot split in accordance with Subsection 407.73(f) and prior to October 2, 1991, shall be exempt from this merger provision provided that the lot or lots are located in the rural/agriculture land use designation and were not part of a recorded plat.

(b)

Dwellings on nonconforming legal lots of record. A building permit may be issued for a single-family dwelling or a manufactured home on any legally created nonconforming lot of record provided that such use is permitted, and that the requirements of the zoning district in which the lot is located are met.

(c)

Exception for legally created nonconforming agricultural lots. An administrative exception to the current standards of the zoning districts found in these regulations may be granted by the zoning administrator for dwellings (including manufactured homes and mobile homes meeting inspection and certification requirements found in Chapter 404) and any associated accessory buildings on agricultural zoned lots that became legally nonconforming on September 28, 1992, the date of the previously amended land development code, or residential lots administratively rezoned to Agriculture, or Family Homestead Exceptions, subject to the following standards unless platted, and then a re-plat may be required:

(d)

Development on nonconforming legal lots of record due to eminent domain or dedication of street right-of-way. A development order may be issued for development of a lot not meeting the minimum area, setbacks or other standards of the zone, provided that the lot was made nonconforming by reason of the exercise of the power of eminent domain or through dedication of street right-of-way to the adjacent road system as requested by a governmental entity, and the remedies set forth in Subsection (a) of this Section cannot be exercised.

(Ord. No. 05-10, § 2, 12-8-05; Ord. No. 08-06, § 2(Exh. A), 4-22-08; Ord. No. 13-14, § 2(Exh. A), 8-27-13; Ord. No. 2016-10, § 2(Exh. A), 6-28-16; Ord. No. 2018-23, § 2(Exh. A), 10-9-18; Ord. No. 2020-25, § 2(Exh. A), 11-10-20; Ord. No. 2025-06, § 2(Exh. A), 3-25-25)

A nonconforming sexually oriented business shall have the right to continue only as the sub-category of sexually oriented business to which it has established its nonconforming status. These sub-categories are: sex shop; sexually oriented motion picture theater; sexually oriented media store; or sexually oriented cabaret. A retail store that has carried an inventory of sexually oriented products that equaled less than forty (40) percent of its total inventory and that occupied less than forty (40) percent of its retail floor area is simply a retail store, subject to the restrictions on retail stores under Chapter 404 and shall not have nonconforming status as a sexually oriented business.

(Ord. No. 05-10, § 2, 12-8-05; Ord. No. 2020-25, § 2(Exh. A), 11-10-20)

(a)

Purpose and intent. On the date of adoption of new standards for the location of sexually oriented businesses, there are sexually-oriented businesses that already exist but that fail to conform to the location requirements imposed in the new standards. In each case, the nonconformity involves proximity to residential neighborhoods or other sensitive uses. To balance the interests of these established businesses with the interests of the affected neighborhoods and other sensitive uses, the BOCC has determined that such uses should be allowed to continue to operate but should be subject to additional standards to mitigate the impacts of their proximity to these sensitive uses.

(b)

Standards. Any sexually oriented business that is a lawful nonconforming use because it is located in a zoning district that does not permit such use or because it does not conform with the separation requirements of Chapter 404 shall be subject to the following additional standards:

(1)

Operating hours. Each such business that offers on-premises entertainment (including live entertainment, motion pictures, videos, arcade booths, modeling or any other form of on-premises entertainment) shall be closed from 2:00 a.m. to 9:00 a.m. each day. This restriction on operating hours shall not apply to a nonconforming business that simply offers retail goods for sale or rental.

(2)

Restrictions on signage. Any sign on such a business, including both those that have on-premises entertainment and those that do not, shall be oriented so that it is not legible from any lot occupied by a single-family residence, a school or a house of worship. If it is impracticable to reorient the sign to preclude its legibility from such locations, the affected sexually oriented business may either install a landscaped or other screening device to accomplish the same purpose or remove the sign.

(Ord. No. 05-10, § 2, 12-8-05; Ord. No. 2020-25, § 2(Exh. A), 11-10-20)

Motion picture arcade booths that were legally installed or constructed prior to February 1, 2004, and that were in existence on February 1, 2004, may continue at the same location, subject to the following requirements:

(a)

Continuous requirements.

(1)

Management shall post on each booth and enforce a requirement that only one person is allowed in each booth at one time; and

(2)

Management shall ensure that there are no openings in walls between booths and shall immediately patch with permanent opaque material any opening that is found; and

(3)

Floors, walls, seats and any other surfaces in arcade rooms shall be non-porous; and

(4)

Lighting in the hallways leading to the booths and in other parts of the establishment open to the public shall at all times be maintained at a no less than ten footcandles at floor level; and

(5)

There shall be no doors, curtains, shutters or other visual obstructions in the door or entrance to each booth.

(b)

Additional requirement effective February 1, 2005. From and after February 1, 2005, motion picture arcade booths shall be arranged or configured so that the interior of each booth is at all times clearly visible from a space of at least 500 square feet that is open to customers generally and from the cash register or other station in the establishment normally occupied by the manager or clerk on duty.

(Ord. No. 05-10, § 2, 12-8-05; Ord. No. 2020-25, § 2(Exh. A), 11-10-20)

Existing developments that contain parking areas that are not in conformance with Chapter 407 shall be required to bring such areas into compliance if a change in use occurs that requires more parking spaces than the existing use. Where a change in use is proposed for buildings classified by state or local jurisdictions as historical buildings, and the change in use will not increase parking beyond those of the existing use, the nonconforming parking will not be required to be brought into compliance as long as parking is provided to the extent that sufficient land is available on the site.

(Ord. No. 05-10, § 2, 12-8-05; Ord. No. 2020-25, § 2(Exh. A), 11-10-20)

All lawful nonconforming signs shall be governed by the provisions of Chapter 407, Article III, Signs.

(Ord. No. 05-10, § 2, 12-8-05; Ord. No. 06-14, § 2(Exh. A), 7-20-06; Ord. No. 07-07, § 2(Exh. A), 4-27-07; Ord. No. 08-06, § 2(Exh. A), 4-22-08; Ord. No. 09-01, § 2(Exh. A), 2-24-09; Ord. No. 12-09, § 2(Exh. A), 10-9-12; Ord. No. 2016-16, § 3, 8-9-16; Ord. No. 2020-25, § 2(Exh. A), 11-10-20)

(a)

A legal lot of record containing more than one principle dwelling that does not conform to the requirements of Subsection 407.01(a) may remain, subject to the following provisions:

(1)

The property owner must demonstrate the dwelling(s) were established by issuance of a valid building permit or were constructed or placed prior to December 8, 1964.

(2)

The dwelling(s) must be occupied and meet the minimum housing requirements adopted by the County in Section 332.01. If a dwelling is occupied but does not meet the minimum requirements, permits may be issued to bring the dwelling up to minimum housing standards.

(3)

The dwelling(s) may be replaced, but shall not be enlarged or expanded.

(4)

If a dwelling is a mobile or manufactured home it may be replaced upon a determination by the Zoning Administrator in accordance with the provisions of Subsection 408.12(a)2.b.ii.

(5)

Once the dwelling is deemed abandoned in accordance with Subsection 408.13(a), the dwelling may not be reestablished except in conformity with the regulations of this ULDC.

(b)

Where the original owner of the lot of record divided the parcel into lots as part of an estate to family members that included the existing dwellings, such lots shall not be recognized as separate parcels and the dwellings shall be treated as multiple dwellings on a lot. The existing dwellings may be repaired or replaced in accordance with Subsection (a) and the following additional provisions:

(1)

The family members listed as recipients with the estate, or their immediate family members must occupy the dwellings on the divided parcels. An affidavit must be recorded in the public record stating that the parcels cannot be sold as separate parcels before any permits can be issued for the property.

(2)

The affidavit must be agreed upon and signed by all family members occupying the dwellings on the lots created from the estate.

(3)

Any permits must be issued on the original lot of record.

(Ord. No. 09-01, § 2(Exh. A), 2-24-09; Ord. No. 2020-25, § 2(Exh. A), 11-10-20; Ord. No. 2022-14, § 5, 9-13-22)