The purpose of this article is to regulate nonconforming uses of land and structures and the use of nonconforming land and structures without placing an unreasonable or unnecessary hardship on the individual landowner.

(a)

Continuation generally.

(1)

Within the zoning districts established by this chapter, or amendments that may later be adopted, there exist structures and uses of land and structures which were lawful before effective date of the ordinance from which this chapter is derived or the effective date of an amendment to this chapter, but which would be prohibited, regulated or restricted under the terms of this chapter or of a future amendment. It is the intent of this chapter to permit these nonconformities to continue until they are removed, but not to encourage their survival. It is further the intent of this chapter that nonconformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses not permitted elsewhere in the same zoning district.

(2)

Nonconforming uses are declared by this chapter to be incompatible with permitted uses in the zoning districts involved. A nonconforming use of a structure, a nonconforming use of land or a nonconforming use of structure and land in combination shall not be extended or enlarged by attachment on a building or premises of additional signs intended to be seen from off the premises or by addition of other uses of a nature which would be prohibited generally in the zoning district involved.

(3)

As used in this article, the term "amendment" shall mean and shall be limited to an amendment by which the use of land, or of structures, or of structures and land in combination, became nonconforming or where otherwise affected.

(b)

Previously authorized buildings or uses.

(1)

Any structure, alteration or extension for which a building permit shall have been issued prior to the effective date of the ordinance from which this chapter is derived may be completed even though such structure, alteration or extension does not conform to the requirements of this chapter; provided, however, that this building permit shall be void if such structure, alteration or extension is not begun within 180 days and completed within two years from the date of issuance of such building permit. Such structure, alteration or extension shall be deemed a nonconforming structure, and any use occupying such structure (if not a permitted use in the zoning district in which the structure is located) shall be deemed a nonconforming use.

(2)

Any use of land that has been duly authorized and which use of land does not conform to the requirements of this chapter may be begun prior to, but not after, the effective date of the ordinance from which this chapter is derived. Such use of land shall be deemed a nonconforming use of land.

(c)

Planning approval and special exception uses. Any lawful use existing before the effective date of the ordinance from which this chapter is derived or the effective date of any amendment to this chapter and which under the terms of this chapter would be permitted only with planning approval or as a special exception is, without further notice, conforming under these provisions.

(Ord. No. O-614-20, Exh. A, 1-13-2020)

(a)

Continuation. Where a lawful use of land or land with accessory structures only exists before the effective date of the ordinance from which this chapter is derived, or the effective date of an amendment to this chapter, which use would not be permitted by the regulations imposed by this chapter or by an amendment to this chapter, the use may be continued so long as it remains otherwise lawful.

(b)

Enlargement. No such nonconforming use shall be enlarged or increased or extended to occupy a greater area of land than was occupied before the effective date of the ordinance from which this chapter is derived, or the effective date of an amendment to this chapter. No additional structure not conforming to the requirements of this chapter shall be erected in connection with such nonconforming use of land.

(c)

Extension or movement. No such nonconforming use shall be extended or moved in whole or in part to any portion of the premises or parcel of land other than that occupied by such use before the effective date of the ordinance from which this chapter is derived, or the effective date of an amendment to this chapter.

(d)

Change in use. No such nonconforming use of land or land with accessory structures only shall be changed to any other nonconforming use.

(e)

Discontinuance of use. When a nonconforming use of land or land with accessory structures only is discontinued for any reason, except for damage or destruction by natural disasters or government action impeding access to the premises, for a period of more than six consecutive months, any subsequent use of such land or land with accessory structures only shall conform to the maximum extent feasible with the regulations specified by this chapter for the zoning district in which such land or land with accessory structures only is located, except for those regulations determined to be technically infeasible by the planning commission.

(Ord. No. O-614-20, Exh. A, 1-13-2020)

(a)

Continuation. Where a lawful structure exists before the effective date of the ordinance from which this chapter is derived, or the effective date of an amendment to this chapter, which structure could not be built under the terms of this chapter or an amendment to this chapter by reason of restrictions on area, building site, coverage, height, setbacks, location on the building site or other requirements concerning the structure, the structure may be continued so long as it remains otherwise lawful.

(b)

Enlargement. No such nonconforming structure may be enlarged or altered in a way which increases its nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity.

(c)

Movement. Should such nonconforming structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the zoning district in which it is located after it is moved.

(d)

Replacement. Should such nonconforming structure or nonconforming portion of structure be damaged or destroyed by any means, except by natural disasters, to an extent of more than 50 percent of its replacement cost at the time of destruction, it shall only be reconstructed in conformity to the maximum extent feasible with the requirements of this chapter, except for those requirements determined to be technically infeasible by the planning commission. The nonconforming structure or nonconforming portion of structure damaged or destroyed by natural disasters may be reconstructed in the same location and to the same dimensions only by the person(s) owning the land at the time of the natural disasters. Except, no portion of said structure shall be reconstructed within a right-of-way, alley, easement, or encroaching upon adjacent property.

(Ord. No. O-614-20, Exh. A, 1-13-2020)

(a)

Continuation. Where a lawful use of a structure, or of a structure and premises in combination, exists before the effective date of the ordinance from which this chapter is derived, or the effective date of an amendment to this chapter, which use would not be permitted by the regulations imposed by this chapter or by an amendment to this chapter, the use may be continued so long as it remains otherwise lawful.

(b)

Enlargement. No existing structure devoted to a use not permitted by this chapter or by an amendment to this chapter in the zoning district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing the use of this structure to a use permitted in the zoning district in which it is located.

(c)

Extension. Any nonconforming use may be extended throughout any parts of a structure which were manifestly arranged or designed for such use, but no such use shall be extended to occupy any land outside such structure.

(d)

Change in use. Any structure, or structure and premises in combination, where a nonconforming use is superseded by a permitted use, the nonconforming use may not thereafter be resumed.

(e)

Discontinuance of use. When a nonconforming use of a structure, or structure and premises in combination, is discontinued for any reason, except for damage or destruction by natural disasters or government action impeding access to the premises, for a period of more than six consecutive months, any subsequent use of such structure, or structure and premises in combination, shall conform to the maximum extent feasible with the regulations specified by this chapter for the zoning district in which such structure, or structure and premises in combination is located, except for those regulations determined to be technically infeasible by the planning commission.

(f)

Removal of structure. Where nonconforming use status applies to a structure and premises in combination, the complete removal of the structure shall eliminate the nonconforming status of the premises.

(Ord. No. O-614-20, Exh. A, 1-13-2020)

(a)

On any nonconforming structure or portion of a structure containing a nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing, to an extent not exceeding ten percent of the current replacement cost of the nonconforming structure or nonconforming portion of the structure as the case may be, provided, that the nonconforming structure shall not be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing the use of the structure to a use permitted in the zoning district in which it is located, or to make the building safe.

(b)

Unsafe structures. If a nonconforming structure or portion of a structure containing a nonconforming use becomes physically unsafe or unlawful due to lack of repairs and maintenance and is declared by any duly authorized official to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired, rebuilt or occupied except in conformity with the city's building codes, and to the maximum extent feasible with the regulations of the zoning district in which it is located, except for those regulations determined to be technically infeasible by the planning commission.

(Ord. No. O-614-20, Exh. A, 1-13-2020)

(a)

Upon the written waiver request of the owner of any nonconforming use, land or structure of historic or cultural value, the planning commission may waive any or all of the limitations imposed by sections 24-630 through 24-634 upon finding that:

(1)

The use, land or structure is located in the Downtown Jacksonville Historic District or other historic district or site formally designated as such by the city council; or

(2)

The use, land or structure is or will be of significant historic or cultural value to the city as a whole; and

(3)

The proposed use of the land or structure, or the proposed enlargement, extension, construction, reconstruction, relocation, or alteration of the structure will re-establish, promote, preserve, or enhance the said historic or cultural value of that use, land or structure or that of other uses, land or structures in the area.

(4)

Certain limitations are technically infeasible.

(b)

Said waiver request shall be made to the planning department at least 16 days prior to the scheduled planning commission meeting at which the waiver request shall be considered. Any documents, maps, plats, plans, pictures, or other items to be used by the owner to justify the waiver request shall be included with the waiver request.

(c)

If the planning commission fails to act upon the waiver request within 60 days of its first submission to the planning commission, the waiver request shall be deemed to have been denied.

(d)

If the waiver request is denied by the planning commission, the owner may appeal the decision to the city council.

(Ord. No. O-614-20, Exh. A, 1-13-2020)