Within the districts established by the Zoning Code, as amended from time to time, there exist:

(a)

Lots,

(b)

Structures,

(c)

Uses of land or water and structures, and

(d)

Characteristics of use, which were lawful before the Zoning Code was adopted or amended but which would be prohibited, regulated or restricted under the terms of the Zoning Code or future amendments. It is the intent of the Zoning Code, under most circumstances, to permit these nonconformities to continue until they are removed but not to encourage their survival. It is further the intent of the Zoning Code that nonconformities shall not be enlarged upon, expanded, intensified or extended nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district. It is further the intent of the Zoning Code that changes in nonconforming uses shall be discouraged and that a change from one nonconforming use to another shall be strictly controlled as set out in the Zoning Code.

Notwithstanding any other provision in the Ordinance Code, nothing shall authorize the continuance of any use or activity that has been specifically made unlawful, impermissible or similarly prohibited and where the council has specifically stated that such unlawful shall not be allowed to continue beyond a specified date or event.

(Ord. 91-59-148, § 1; Ord. 2007-1047-E, § 1)

(a)

Uses lawfully in existence on September 5, 1969, which are made nonconforming in the districts in which they are located are declared by the Zoning Code to be incompatible with permitted or permissible uses by exception in the districts involved. The nonconforming uses of a structure, land or water or of a structure and/or land and water in combination shall not be extended or enlarged.

(b)

When changes effected in the Zoning Code by amendment result in the creation of a nonconforming use in a district or districts, the use may continue. However, the use shall be confined to the area of the structure, land or water or to the structure and/or land and water it occupies on the effective date of the amendment to the Zoning Code.

(Ord. 91-59-148, § 1)

Nothing in the Zoning Code shall be deemed to require a change in plans, construction or designated use of a building or structure in compliance with this Zoning Code prior to September 5, 1969, or prior to the date hereof or any amendment and for which (i) a permit has been issued by the Building Inspection Division prior to September 5, 1969, or prior to any amendment thereto, or (ii) an application for a permit has been submitted to and accepted by the Building Inspection Division prior to September 5, 1969, provided the application is diligently prosecuted to permit issuance.

(Ord. 91-59-148, § 1)

Notwithstanding limitations imposed by the provisions of the Zoning Code as to lot area, lot width and street frontage on a single lot of record, as defined in Section 656.1601, Ordinance Code, a combination of complete lots of record, an infill lot, or a combination of complete infill lots, where residential use is a permitted use or permissible use by exception in the district, except as otherwise provided:

(a)

One single-family dwelling may be constructed on a single lot of record, a combination of complete lots of record, an infill lot, or a combination of complete infill lots in a RR, RLD, RMD, or AGR District or with a grant of exception in the RO District. One cottage may be constructed on an infill lot. Cottages are also allowed in RMD-A, RMD-B, RMD-C, RMD-D, or CRO Districts up to the maximum number of units allowed on the site by the underlying density and zoning district requirements. Cottages are only allowed on any lot that is zoned RMD-A, RMD-B, RMD-C, RMD-D and CRO as of the effective date of this legislation. No lot may be rezoned to permit cottages. Manufactured homes and modular homes which comply with the provisions of Subpart C, Part 4 of this Chapter or which are otherwise allowed upon issuance of a Waiver of Architectural and Aesthetic Regulations by the Department when applicable are considered single-family dwellings. An infill lot or a combination of complete infill lots shall be equal to the average lot width and lot area of legally developed lots on the same block or 25 feet in width and 1,500 square feet in area, whichever is less. Notwithstanding any requirements found in a zoning district as to required yards, an infill lot shall have yards which are equal to the yards of a majority of single-family dwellings on the same block.

(b)

A two-family multiple dwelling in a RMD, RHD, CRO, or RO District may be constructed on a single lot of record, a combination of lots of record, an infill lot, or a combination of complete infill lots where the lot or combination of lots is not less than 50 feet in width and is not less than 5,000 square feet in area.

(c)

A three-family multiple dwelling in a RMD, RHD, CRO, or RO District may be constructed on a single lot of record, a combination of lots of record, an infill lot, or a combination of complete infill lots where the lot or combination of lots is not less than 60 feet in width and is not less than 6,000 square feet in area.

(d)

A four-family multiple dwelling in a RMD, RHD, CRO, or RO District may be constructed on a single lot of record, a combination of lots of record, an infill lot, or a combination of complete infill lots where the lot or combination of lots of record is not less than 70 feet in width and is not less than 7,000 square feet in area.

(Ord. 91-59-148, § 1; Ord. 91-761-410, § 1; Ord. 2015-338-E, § 1; Ord. 2023-152-E, § 2; Ord. 2024-256-E, § 2)

Where, on September 5, 1969, or the effective date of an amendment to the Zoning Code, an unlawful use of land exists which would not be permitted by the regulations imposed by the Zoning Code and where this use involves no individually, permanently fixed structure and land with minor structures only [for these purposes defined as a structure or structures whose just value does not exceed $4,000], such use may be continued so long as it is not specifically made unlawful, impermissible or prohibited in the Zoning Code, the Charter or elsewhere in the Ordinance Code and there is stated an intent that such unlawful use shall be ceased by a date certain or upon the occurrence of some specified event; provided, however, that:

(a)

The nonconforming use shall not be enlarged, increased, intensified or extended to occupy a greater area of land than was occupied on September 5, 1969, or the effective date of the amendment to the Zoning Code.

(b)

The nonconforming use shall not be moved in whole or in part to a portion of the lot or parcel other than that occupied by the use on September 5, 1969, or on the effective date of the amendment to the Zoning Code.

(c)

If the nonconforming use ceases for any reason (except when governmental action impedes or denies access to the premises) for a period of 12 consecutive months for any residential use or six consecutive months for any nonresidential use, subsequent use of land shall conform to the regulations specified by the Zoning Code for the district in which the land is located.

(d)

No land in nonconforming use shall be divided so that more parcels of nonconforming lands are created nor shall a structure be added on the land except for purposes which are in conformity with the regulations of the district.

(Ord. 91-59-148, § 1; Ord. 2007-1047-E, § 2)

Where a major structure [for these purposes defined as a structure or structures with a just value in excess of $4,000] exists lawfully in a district on September 5, 1969, or on the effective date of an amendment to the Zoning Code, that could not be built under the terms of the Zoning Code by reason of restrictions on area, lot coverage, height, yards, location on the lot or requirements other than use, the structure may be continued so long as it is not unlawful beyond the scope of zoning; provided, however, that:

(a)

An existing structure devoted to a use not permitted by the Zoning Code in the district in which the use is located shall not be enlarged, extended, reconstructed, moved or structurally altered except to change the use of the structure to a use permitted in the district.

(b)

A nonconforming use may be extended throughout a part of a building which was arranged or designed for the use on September 5, 1969, or the effective date of the amendment to the Zoning Code. A nonconforming use which occupies a portion of a building shall not be extended to another part of the building not originally designed or intended for the use. A nonconforming use shall not be extended to occupy land outside the building, an additional building on the same lot or parcel or additional lots or parcels.

(c)

Where a nonconforming use is superseded by a permitted use, a structure or structures and premises in combination shall thereafter conform to the regulations for the district in which the structure is located. The nonconforming use shall not thereafter be resumed and no other nonconforming use shall be permitted.

(d)

Except where governmental action impedes or denies access or governmental action requires upgrading of the premises:

(1)

If a nonconforming use of a structure designed for the use ceases for any reason for a period of 12 consecutive months, a subsequent use shall conform to the regulations of the district in which the use is located, except as set forth below.

(2)

If the nonconforming use is a non-residential use and the property on which it is located is adjacent to residential uses or residential zoning districts on at least 75 percent of the property boundary, and the use ceases for any reason for a period of 6 consecutive months, a subsequent use shall conform to the regulations of the district in which the use is located, except as set forth in subsection 3 below. For those portions of the property fronting on a right-of-way, the use or zoning district on the other side of a right-of-way shall be used to determine such percentage.

(3)

Where a structure originally constructed for residential use as determined by the City is a landmark or a contributing structure in an historic district pursuant to a City ordinance creating an historic district, or is a structure that is at least 50 years old and is located within the boundaries of a designated historic district, such originally-constructed-for use may be reconstructed at any time notwithstanding its nonconforming status and the same shall be consistent with the Comprehensive Plan. Any reconstruction pursuant to the above shall comply with the regulations of the historic district and with the Secretary of Interior's Standards for Rehabilitation.

(4)

If a nonconforming use of major structure not designed for the use ceases for any reason, a subsequent use shall conform to the regulations of the district in which the use is located.

(e)

Where major structures and premises are used for nonconforming purposes as of September 5, 1969, or the effective date of an amendment to this Chapter, they shall not be divided nor shall a structure be added on the premises except for purposes and in a manner conforming to the regulations for the district in which these structures and premises are located.

(f)

Reserved.

(g)

Notwithstanding anything to the contrary in this Section, all nonconforming signs and all lots with nonconforming signs must meet all requirements of Sections 656.719 and 320.417.

(h)

The nonconforming use shall not continue if specifically prohibited by the City Charter or another Section of the Ordinance Code.

(Ord. 91-59-148, § 1; Ord. 91-526-211, § 1; Ord. 91-1226-586, § 1; Ord. 93-174-1054, § 17; Ord. 94-447-337, § 1; Ord. 96-450-274, § 1; Ord. 97-1093-E, § 1; Ord. 2005-1148-E, § 2; Ord. 2012-141-E, § 1)

If characteristics of the use such as off-street loading or other matters pertaining to the use of land, structures or premises are made nonconforming by the Zoning Code as adopted or amended, no change shall thereafter be made in the characteristics of the use which increase nonconformity with the regulations set out in the Zoning Code; provided, however, that changes may be made which do not increase or which decrease these nonconformities.

(Ord. 91-59-148, § 1)

Repairs not exceeding 35 percent of the current just value of the structure may be made in any 12-month period (or of the nonconforming portion of the structure if a nonconforming portion of the structure is involved); provided, however, that the cubic content of the structure existing after the date it becomes nonconforming shall not be increased; provided, further, that just value shall mean the fair market value of the structure not including any associated real property. Fair market value shall not exceed the appraised value as appraised by the Property Appraiser. The just value of a sign shall be the lessor of the reproduction cost of such structure or the appraised value as appraised by the Property Appraiser. This 35 percent limitation shall not apply to a building in residential use containing not more than two dwelling units or not more than two rooming units if the building is located in a residential district. Repair shall not include removing a structure from the premises and subsequent re-erection. Notwithstanding anything to the contrary in this Section, all nonconforming signs and all lots with nonconforming signs erected thereon must meet all requirements of Sections 656.719 and 320.417.

(Ord. 91-59-148, § 1; Ord. 93-174-1054, § 18)

If a nonconforming structure or portion of a structure or a structure containing a nonconforming use becomes physically unsafe or unlawful due to lack of repairs or maintenance and is declared by a duly authorized official of the City to be a condemned building, unfit for occupancy, it shall not thereafter be restored, repaired or rebuilt except in conformity with the regulations of the district in which it is located. However, where a structure originally constructed for residential use as determined by the City is a landmark or a contributing structure in an historic district pursuant to a City ordinance or is a structure that is at least 50 years old and is located within the boundaries of a designated historic district, such originally-constructed-for use may be reconstructed at any time notwithstanding the condemnation and be consistent with the Comprehensive Plan. Any reconstruction pursuant to the above shall comply with the Secretary of the Interior's Standards for Rehabilitation.

(Ord. 91-59-148, § 1; Ord. 91-526-211, § 2; Ord. 94-447-337, § 2; Ord. 96-450-274, § 2; Ord. 97-1093-E, § 2; Ord. 2005-1148-E, § 3)

If a nonconforming structure or portion of a structure containing a nonconforming use is declared by a duly authorized official of the City to be an unsafe building or unlawful for reasons other than lack of repairs or maintenance, nothing in the Zoning Code shall be deemed to prevent the strengthening or restoring to a safe condition of the building or part thereof declared to be unsafe by an official of the City charged with protecting the public safety; provided, however, that, where the unsafeness or unlawfulness is the result of damage from destruction, the percentage of damage limitations set out in Section 656.706(f) shall apply.

(Ord. 91-59-148, § 1)

Editor's note— Ord. 97-808-E, § 1, effective June 18, 1998, amended the Code by repealing former § 656.711. Former § 656.711 pertained to making certain nonconforming uses conforming, and derived from Ord. 91-59-148 and Ord. 92-955-674.

In all residential districts, nonconforming use of land without structures and of land with minor structures only, including junkyards, automobile wrecking, scrap iron and junk storage, auction yards and contractors' storage yards, shall be discontinued by April 1, 2001. The Chief shall make every reasonable effort to notify all affected persons of this Section.

(Ord. 91-59-148, § 1)

(a)

In residential districts at the expiration of six months after the termination of the applicable amortization period specified in this Section:

(1)

A building which is designed for a use which is limited to a commercial or industrial district shall be either:

(i)

Removed; or

(ii)

Altered and converted to a building designed for a use that is permitted or permissible by exception in the residential district in which it is located.

(2)

Every nonconforming use of the building shall be terminated or made to conform with the regulations of the district in which the building is located.

(b)

The following amortization periods are hereby established as the reasonable periods of normal, useful life of the following classes of buildings and types of construction above the foundation walls or piers:

(1)

Fireproof construction of noncombustible materials, consisting of exterior walls of solid brick, stone, reinforced concrete or insulated metal panel between fireproofed steel and with interior structural members of reinforced concrete or fireproofed steel—April 1, 2010, or 40 years after the date of issuance of the building permit for the construction of either the entire building or the original building, whichever period shall terminate last.

(2)

Fire-resistant shell construction consisting of exterior walls of solid brick, stone, reinforced concrete or other masonry units with structural member of unprotected steel, timber or wood joist constructions—April 1, 2010, or 30 years after the date of issuance of the building permit for the construction either of the entire building or the original building, whichever period shall terminate last.

(3)

Frame-type construction consisting of exterior wall of wood or timber frame constructions, irrespective of the type of exterior surfaces and all other structures not qualifying under paragraphs (1) and (2)—April 1, 2010.

(c)

For the purpose of determining an amortization period in the preceding subsection whenever a building permit was not issued, the date of commencement of construction of the building shall be substituted for the date of issuance of a building permit.

(d)

The Chief shall make every reasonable effort to notify all affected persons of this Section.

(Ord. 91-59-148, § 1)

The following buildings and uses are exempt from the termination provisions of Sections 656.712 and 656.713:

(a)

A nonconforming building which is designed for religious or educational purposes and which is actually used as a religious or educational institution.

(b)

A nonconforming religious or educational use, regardless of the design of the building use.

(c)

A nonconforming residential building which is actually used as a residence.

(d)

A nonconforming residential use, regardless of the design of the building used.

(Ord. 91-59-148, § 1)

(a)

A mobile home which was lawfully in existence in any zoning district prior to September 5, 1969, or subsequent amendment to this Chapter and which under the terms of the Zoning Code would be a nonconforming use, shall be allowed to be replaced provided such use does not cease for any reason for a period of 12 consecutive months.

(b)

A mobile home which was lawfully in existence in a zoning district which permitted such uses prior to September 5, 1969, or subsequent amendment thereto, and which under the terms of the Zoning Code would be permissible in the zoning district only by exception, shall be without further action deemed a conforming use and may be replaced notwithstanding the one year time period specified in subsection (a) of this Section or the necessity to obtain a zoning exception.

(Ord. 91-59-148, § 1)

Editor's note— Ord. 97-808-E, § 1, effective June 18, 1998, amended the Code by repealing former § 656.716. Former § 656.716 pertained to nonconforming uses in the Downtown Overlay Zone, and derived from Ord. 91-59-148.

Animals other than household pets which were lawfully in existence on a lot in a zoning district which permitted such uses prior to September 5, 1969, or subsequent amendment to this Chapter and which under the terms of the Zoning Code would be permissible in the zoning district only by exception, shall be without further action deemed a conforming use and may be increased in number, but may not expand onto lands which were under separate ownership on September 5, 1969.

(Ord. 91-59-148, § 1)

Nothing in this Part shall be construed so as to continue a nonconforming use if the City Charter or another Section of the Ordinance Code requires the termination of such use.

(Ord. 91-59-148, § 1)

(a)

All signs declared nonconforming pursuant to Section 320.417 shall continue to be nonconforming and shall continue to be subject to compliance with Section 320.417; provided, however, no one shall be subjected to penalties for violation of both this Section and Section 320.417 for the same occurrence; provided, further, that if there is a conflict between the requirements of this Section and Section 320.417, this Section shall prevail; provided further, that nonconforming signs as defined by this Section must comply with all repair restrictions in this Section as well as all other provisions of this Part 7; provided further, that if there is a conflict between the requirements of this Section and any other requirements of this Part, this Section shall prevail.

(b)

The following signs, if erected prior to March 11, 1987, are declared to be nonconforming and shall be removed prior to December 1, 1993, or shall by that date be altered to conform to Part 13 of Chapter 656:

(1)

Any wall sign not specifically allowed pursuant to Section 656.1303;

(2)

Any street frontage sign or any freestanding, ground or roof sign in excess of the number of street frontage signs expressly allowed pursuant to Section 656.1303;

(3)

Any street frontage sign or any freestanding, ground, or roof sign in excess of 300 square feet;

(4)

Any double-faced sign which does not meet the requirements of Section 656.1302(f);

(5)

Any freestanding or ground sign within ten feet of a public right-of-way or within 25 feet of the intersection of two public rights-of-way;

(6)

Any street frontage sign or any freestanding or ground sign in violation of Section 656.1305;

(7)

Any sign which does not meet any of the other requirements of Part 13 of Chapter 656.

(c)

Unless otherwise specified in an ordinance amending Part 13 of Chapter 656; any sign lawfully erected on or after March 11, 1987, which no longer meets the zoning requirements of Part 13 of Chapter 656 due to an amendment of Part 13 shall be altered or removed within one year of the date on which Part 13 was first amended to cause the sign to become nonconforming so that after the removal or alteration such sign will become conforming.

(d)

Any sign lawfully erected on or after March 11, 1987, which no longer meets the zoning requirements of Part 13 of Chapter 656 due to a rezoning of the lot on which the sign is erected, shall be altered or removed within one year from the date the property is first rezoned to cause the sign to become nonconforming so that such sign will become conforming; provided, however, that if the owner of the lot requested the rezoning, the sign shall be altered or removed within 90 days of the date the property was first rezoned to make the property nonconforming.

(e)

In the event subsection (a) of this Section is declared invalid or unenforceable for any reason, as applied to any one or any group or type of the following signs, then such signs, if erected prior to March 11, 1987, shall be altered or removed prior to July 30, 1997, to conform to the requirements of Part 13:

(1)

Any wall sign not specifically permitted pursuant to Section 656.1303;

(2)

Any street frontage sign or any freestanding, ground, or roof sign in excess of the number of street frontage signs expressly permitted pursuant to Section 656.1303;

(3)

Any street frontage sign or any freestanding, ground, or roof sign in excess of 300 square feet;

(4)

Any double faced sign which does not meet the requirements of Section 656.1302(f);

(5)

Any freestanding or ground sign within ten feet of a public right-of-way or within 25 feet of the intersection of two public rights-of-way;

(6)

Any street frontage sign or any freestanding or ground sign in violation of Section 656.1305;

(7)

Any sign which does not meet any of the other requirements of Part 13 of Chapter 656.

(f)

Notwithstanding the provisions of subsections (a), (b) and (e) of this Section:

(1)

Signs erected prior to March 11, 1987, which are along any portion of the interstate or federal-aid primary highway systems within the meaning of F.S. §§ 479.01(5), (7), (12) and (14), 479.15(2) and 479.24(1) shall be subject to removal, if at all, only as provided pursuant to F.S. Ch. 479 but only if such statutes are constitutional.

(2)

Any street frontage sign lawfully erected prior to March 11, 1987, which does not exceed the allowable number of signs, as provided in Section 656.1303, may be continued so long as the sign does not exceed one and one-half times the allowable square footage in area specified in Section 656.1303 or 300 square feet area, whichever is less, until structurally altered, changed or modified in any form.

(3)

Any street frontage sign lawfully erected prior to March 11, 1987, which is located closer than ten feet from any street right-of-way, but which otherwise complies with all other provisions of the Ordinance Code, may remain in place after March 11, 1987, and may be (A) altered, modified, or changed to change the message; (B) altered, modified, or changed to repair or replace any portion of the sign which is damaged; or (C) remodeled or otherwise structurally changed if the sign is downsized to a size that is at least 15 percent smaller than the original sign area if the remodeled sign does not exceed 100 square feet, or to a size that is at least 25 percent smaller than the original sign area if the remodeled sign exceeds 100 square feet; provided, however, that if title to the property on which the nonconforming sign is located is, or has been transferred after March 11, 1987, the nonconforming sign must be brought into conformity with Section 656.1303 by March 12, 1992 or upon transfer of the title, whichever is later; and provided further that the sign and sign face of the nonconforming sign may not be enlarged in any way.

(4)

Any street frontage sign lawfully erected prior to March 11, 1987, which is located within 25 feet of any intersection of two or more street right-of-way lines but which otherwise complies with all other provisions of the Ordinance Code, may remain in place after March 11, 1987 and may be (A) altered, modified, or changed to change the message; (B) altered, modified, or changed to repair or replace any portion of the sign which is damaged; or (C) remodeled or otherwise changed if it is located within or relocated to within the area between ten feet and 25 feet from the intersection of such street right-of-way lines; provided, that, such remodeled or changed sign meets with a minimum height limit of eight feet and a maximum height of 25 feet and provided that the support structure is at least 17 feet away from the intersecting lines and no portion of the sign is closer than ten feet from any street right-of-way line; provided, however, that if title to the property on which the nonconforming sign is located is, or has been, transferred after March 11, 1987, the nonconforming sign must be brought into conformity with Section 656.1303 by March 12, 1992 or upon transfer of the title, whichever is later; and provided further that the sign and sign face of the remodeled sign may not be enlarged in any way.

(g)

The provisions of this Section are intended to have municipal application to the City of Jacksonville and shall be supplemental to any County wide regulations adopted by the City Council either through ordinance or as may be contained in the Charter of the City of Jacksonville.

(h)

Any sign structure in violation of this Section is hereby declared to be contraband and forfeited to the City. A violation has been proved if the owner, or person in control of the structure, has been convicted of using a sign structure in violation of this Section. A conviction shall include a plea of nolo contendere or a withhold of adjudication. In addition, a violation may be proved in a separate civil action. The City shall seek forfeiture of the sign through any appropriate civil action, which may include declaratory judgment or a mandatory injunction.

(i)

Notwithstanding any other provisions in this Part and unless otherwise allowed by any of subsections (a) through (h) of this Section repairs of nonconforming signs as defined by this Section may be made as set forth hereinbelow:

(1)

Repairs may be made at any time provided a permit is obtained.

(2)

Repairs shall not include relocating or moving any structural support columns.

(3)

Repairs must be made with the same type of material existing on the sign at the time the permit is requested; provided, however, no more than 35 percent of the structural support columns may be replaced in any one year.

(4)

Repairs may not be made to a destroyed sign. A sign is destroyed if the entire structure of the sign, other than the structural support columns, is removed from the support columns. A sign is also destroyed if more than 35 percent of its structural support columns are disconnected from the ground or any foundation are broken or shattered, are out of plumb by more than ten percent in any direction.

(j)

No permit shall be granted pursuant to Chapter 320 for any work to be done on any real property on which exists a sign in violation of this Section, Section 320.417, or Part 13, Chapter 656 unless pursuant to the work to be done pursuant to the permit will bring all signs on the property in compliance.

(k)

In the event subsection (j) of this Section is unenforceable, no permit shall be granted pursuant to Chapter 320 for any work to be done on any property on which exists a sign which does not meet each of the requirements of Part 13, Chapter 656 unless such sign is specifically allowed to remain pursuant to this Section or Section 320.417.

(l)

The permit restrictions in subsections (j) and (k) of this Section are limited to permits to expand any existing structures or erect any new structures and to permits needed to accommodate a change in use or change in occupancy of any structure.

(Ord. 93-174-1054, § 4)

(a)

The Zoning Administrator, or if absent, as designated by the Director, is authorized to grant nonconforming use administrative deviations in areas outside of the Downtown Overlay Zone as defined in Section 55.105, pursuant to this Section, notwithstanding any other provision of this Chapter. The procedures for administrative deviations in Part 1 of this Chapter shall apply to nonconforming use administrative deviations pursuant to this Section, except as modified by this Section.

(b)

The property and use shall meet the following application requirements:

(1)

The property shall be less than one acre.

(2)

Development on the property shall not exceed the impervious surface limits in this Chapter for the Zoning District with similar uses. An applicant may propose modifications to the property in the application to meet this requirement.

(3)

The property shall have been used for the nonconforming use at some point prior to April 25, 1991.

(4)

The nonconforming use requested shall be the same nonconforming use that existed at some point prior to April 25, 1991.

(5)

The nonconforming use shall not be an industrial use or any use for the sale or service of alcoholic beverages, including liquor, beer or wine.

(6)

The nonconforming use shall be an authorized use in the property's current future land use category pursuant to the comprehensive plan.

(c)

In order to authorize a nonconforming use administrative deviation, the Zoning Administrator shall first determine whether the application meets the application requirements in subsection (b). The Zoning Administrator shall not grant a nonconforming use administrative deviation unless the Zoning Administrator makes a positive finding, based on the substantial competent evidence, on each of the following criteria. The Zoning Administrator may impose conditions or restrictions to mitigate impacts of the nonconforming use.

(1)

The request is not based exclusively upon a desire to reduce the cost of developing the site, but would accomplish some result that is in the public interest, such as, for example, providing services that are not readily available (food desert, medical services, social services), or serving a cultural, historic, or artistic purpose in the neighborhood.

(2)

The nonconforming use will not substantially diminish property values in, nor alter the essential character of, the area surrounding the site and will not substantially interfere with or injure the rights of others whose property would be affected by the deviation.

(3)

The nonconforming use will not be detrimental to the public health, safety or welfare, result in additional public expense, the creation of nuisances, or conflict with any other applicable law.

(4)

The nonconforming use can be made personal to the applicant (non-transferable).

(Ord. 2021-175-E, § 1, 5-11-21)

(a)

Notwithstanding any ordinance to the contrary, and notwithstanding any prior legal status of any adult entertainment or services facility (as defined in Part 11), as of July 1, 1996, no adult entertainment or service facility shall be operated unless it is located on a site or parcel which is zoned CCG-2 or which is zoned CCBD.

(b)

Notwithstanding any ordinance to the contrary, and notwithstanding any prior legal status of any adult entertainment or services facility (as defined in Part 11), as of July 1, 1997, no adult entertainment or service facility shall be operated unless it is located on a site or parcel which is zoned CCG-2 or which is zoned CCBD. This subsection (b) shall be enforced only if subsection (a) of this Section has been declared, by a court of competent jurisdiction, to be invalid or otherwise unenforceable.

(c)

Notwithstanding any ordinance to the contrary, and notwithstanding any prior legal status of any adult entertainment or services facility (as defined in Part 11), as of July 1, 1998, no adult entertainment or service facility shall be operated unless it is located on a site or parcel which is zoned CCG-2 or which is zoned CCBD. This subsection (c) shall be enforced only if subsections (a) and (b) of this Section have been declared, by a court of competent jurisdiction, to be invalid or otherwise unenforceable.

(d)

Notwithstanding any ordinance to the contrary, and notwithstanding any prior legal status of any adult entertainment or services facility (as defined in Part 11), as of July 1, 1999, no adult entertainment or service facility shall be operated unless it is located on a site or parcel which is zoned CCG-2 or which is zoned CCBD. This subsection (d) shall be enforced only if subsections (a), (b), and (c) of this Section have been declared, by a court of competent jurisdiction, to be invalid or otherwise unenforceable.

(e)

Notwithstanding any ordinance to the contrary, and notwithstanding any prior legal status of any adult entertainment services facility (as defined in Part 11), as of July 1, 2000, no adult entertainment or service facility shall be operated unless it is located on a site or parcel which is zoned CCG-2 or which is zoned CCBD. This subsection (e) shall be enforced only if subsections (a), (b), (c), and (d) of this Section have been declared, by a court of competent jurisdiction, to be invalid or otherwise unenforceable.

(f)

Notwithstanding any ordinance to the contrary, and notwithstanding any prior legal status of any adult entertainment services facility (as defined in Part 11), as of July 1, 2001, no adult entertainment or service facility shall be operated unless it is located on a site or parcel which is zoned CCG-2 or which is zoned CCBD. This subsection (f) shall be enforced only if subsections (a), (b), (c), (d), and (e) of this Section have been declared, by a court of competent jurisdiction, to be invalid or otherwise unenforceable.

(g)

Notwithstanding any ordinance to the contrary, and notwithstanding any prior legal status of any adult entertainment services facility (as defined in Part 11), as of July 1, 2002, no adult entertainment or service facility shall be operated unless it is located on a site or parcel which is zoned CCG-2 or which is zoned CCBD. This subsection (g) shall be enforced only if subsections (a), (b), (c), (d), (e) and (f) of this Section have been declared, by a court of competent jurisdiction, to be invalid or otherwise unenforceable.

(h)

Notwithstanding any ordinance to the contrary, and notwithstanding any prior legal status of any adult entertainment services facility (as defined in Part 11), as of July 1, 2003, no adult entertainment or service facility shall be operated unless it is located on a site or parcel which is zoned CCG-2 or which is zoned CCBD. This subsection (h) shall be enforced only if subsections (a), (b), (c), (d), (e), (f) and (g) of this Section have been declared, by a court of competent jurisdiction, to be invalid or otherwise unenforceable.

(i)

Notwithstanding any ordinance to the contrary, and notwithstanding any prior legal status of any adult entertainment services facility (as defined in Part 11), as of July 1, 2004, no adult entertainment or service facility shall be operated unless it is located on a site or parcel which is zoned CCG-2 or which is zoned CCBD. This subsection (i) shall be enforced only if subsections (a), (b), (c), (d), (e), (f), (g) and (h) of this Section have been declared, by a court of competent jurisdiction, to be invalid or otherwise unenforceable.

(j)

Notwithstanding any ordinance to the contrary, and notwithstanding any prior legal status of any adult entertainment services facility (as defined in Part 11), as of July 1, 2005, no adult entertainment or service facility shall be operated unless it is located on a site or parcel which is zoned CCG-2 or which is zoned CCBD. This subsection (j) shall be enforced only if subsections (a), (b), (c), (d), (e), (f), (g), (h) and (i) of this Section have been declared, by a court of competent jurisdiction, to be invalid or otherwise unenforceable.

(k)

An adult entertainment facility which was lawfully in existence prior to November 10, 2005, or a business which became defined as an adult entertainment facility by virtue of this ordinance, and which under the terms of the Zoning Code would be a nonconforming use shall be allowed to continue until November 10, 2010. In the event that a court of competent jurisdiction should determine the amortization period set forth in this Section should be declared invalid for any reason and the City Council should revise the amortization period in subsequent legislation that the amortization period in this Section and any subsequent legislation be considered as a single amortization period.

(Ord. 95-413-300, § 1; Ord. 2003-755-E, § 13; Ord. 2005-743-E, § 4; Ord. 2009-835-E, § 1)

Editor's note— Section 27 of Ord. 95-307-109, repealed former § 656.725, relative to amortization of adult entertainment establishments and § 1 of Ord. 95-413-300 enacted a new § 656.725 to read as herein set out. The provisions of former § 656.725 derived from Ord. 94-190-651, § 5.

Cross reference— Adult entertainment and services code, Ch. 150.

Where an establishment for game promotions or sweepstakes utilizing electronic equipment and nonconforming drawings by chance conducted in connection with the sale of a consumer product or service utilizing electronic equipment exists lawfully in any zoning district on August 9, 2010, such use may be continued on such property as a nonconforming use subject to all restrictions, limitations and requirements set forth in Chapter 656, Zoning Code, Chapter 156, Electronic Game Promotions, and all other applicable provisions of the Ordinance Code.

(Ord. 2010-326-E, § 7)