Within the provisions established by the LDC, there exist uses of land, structures and lots that were lawfully established before the LDC was adopted or amended, that now do not conform to the terms and requirements of the LDC. The purpose and intent of this article is to regulate and limit the continued existence and design of those uses, structures and lots that do not conform to the provisions of the LDC or any amendments thereto.

It is the intent of the LDC 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. It is further the intent of the LDC that increases in the nonconformities shall not be permitted. The provisions of this article are designed to curtail substantial investment in nonconformities to preserve the integrity of the LDC and the comprehensive plan.

Nonconforming uses of land are declared generally incompatible with the LDC. Nonconforming uses of land may continue in accordance with the provisions of this section.

(a)

Normal maintenance or repair. Normal maintenance or repair of structures where nonconforming uses are located may be performed in any period of twelve (12) consecutive months, to an extent not exceeding thirty-five (35) percent of the current assessed value of the structure, provided that the cubic content of the structure existing after the date it became nonconforming shall not be increased, except pursuant to the standards of this section. For uses in the CBD and existing historic single-family dwellings or dwellings originally constructed for use as a single-family dwelling, normal maintenance and repairs may be completed without the percentage requirement stated above.

(b)

Enlargement or expansion. A nonconforming use shall not be enlarged or expanded in area occupied, except a nonconforming use may be enlarged in any area of a structure that is manifestly designed and approved for such use, prior to the date the use became a nonconformity.

(c)

Characteristics of nonconforming uses. If characteristics (design) of use such as off-street parking and loading, or other matters related to the use of land are made nonconforming, no change shall be made in such characteristics of use which increase nonconformities.

(d)

Relocation. A nonconforming use 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 the relocation of the nonconforming use decreases the nonconformity.

(e)

Change in use. A nonconforming use shall not be changed to any other use, unless that new or additional use conforms to the current provisions of the LDC for the zoning district in which the use is located.

(f)

Discontinuance or abandonment. If a nonconforming use is discontinued or abandoned for a period of more than six (6) consecutive months, whether or not the equipment or furniture are removed, then such use may not be re-established or resumed, and any subsequent use shall conform to the current provisions specified by the LDC. Existing historic single-family dwellings or dwellings originally constructed for use as a single-family dwelling shall not be subject to this provision related to abandonment. When government action can be documented as the reason for discontinuance or abandonment, the time of delay by government shall not be calculated for the purpose of this section.

(g)

Unsafe because of maintenance. If a nonconforming structure or portion thereof containing a nonconforming use becomes physically unsafe or unlawful due to the lack of repairs or maintenance, and is declared by a duly authorized official of Jacksonville Beach to be an unsafe structure, it shall thereafter be rebuilt and repaired in conformance with the standards of the LDC and the building code.

A nonconforming structure devoted to a use permitted in the zoning district in which it is located at the time of its construction, may be continued in accordance with the provisions in this section.

(a)

Normal maintenance. Normal maintenance or repair (requiring a permit) for continuation of a nonconforming structure may be performed in any period of twelve (12) consecutive months, to an extent not exceeding thirty-five (35) percent of the current assessed value of the structure, provided that the cubic content of the structure existing after the date it became nonconforming shall not be increased, except pursuant to the standards of this section. For purposes of this section, maintenance or repair to a non-conforming single-family structure which was previously approved without a garage shall be permitted the same. Additionally existing historic single-family dwellings or dwellings originally constructed for use as a single-family dwelling, normal maintenance and repairs may be completed without the percentage requirement stated above.

(b)

Enlargement or expansion. A nonconforming structure shall not be enlarged or expanded in the area where structure is non-conforming, as to not increase the existing non-conformity.

(c)

Characteristics of nonconforming structures. If characteristics of use such as off-street parking and loading or other matters related to the use of a structure are made nonconforming, no change shall be made in such characteristics of the structure which increases nonconformities.

(d)

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 and requirements of the zoning district in which it is located.

(e)

Damage and restoration of nonconforming structure (not a natural disaster). No building which has been damaged by any means other than a natural disaster to an extent of more than fifty (50) percent of the fair market value of the structure immediately prior to damage, shall be restored, except in conformity with the standards of the LDC. If a structure is damaged by less than fifty (50) percent of the fair market value, it may be repaired and reconstructed and used as before the time of damage, provided that such repair or reconstruction be substantially completed within twelve (12) months after the date of such damage. Existing historic single-family dwellings or dwellings originally constructed for use as a single-family dwelling, normal maintenance and repairs may be completed without the percentage requirement stated above, provided they are not expanded unless as provided in this section.

(1)

Fair market value shall be the price at which a property will change hands between a willing buyer and a willing seller, neither party being under compulsion to buy or sell and both having reasonable knowledge of relevant facts. As used in this ordinance, the term refers to the market value of buildings and structures, excluding the land and other improvements on the parcel. Market value may be established by a qualified independent appraiser, actual cash value (replacement cost depreciated for age and quality of construction), or tax assessment value adjusted to approximate market value by a factor provided by the property appraiser.

(f)

Damage and restoration of nonconforming structure (natural disaster). Damage from a natural disaster maintenance and repairs shall follow Florida State Statutes.

(g)

Unsafe because of maintenance. If a nonconforming structure, or portion thereof, or any structure or portion thereof becomes physically unsafe or unlawful due to the lack of repairs or maintenance, and is declared by a duly authorized official of Jacksonville Beach to be an unsafe structure, it shall thereafter be rebuilt and repaired in conformance with the standards of the LDC and the building code.

Figure 34-1102.1: Nonconforming Structure

Where a lot or parcel of land has an area or frontage which does not conform to the standards of the LDC, but it was a lot of record on the effective date of the LDC, such lot or parcel of land may be developed, provided the minimum yard standards for the zoning district or the established historic yard standards of the immediate area in which it is located are met.

Nonconforming residential may be rebuilt and enlarged:

(a)

Existing historic single-family dwellings or dwellings originally constructed for use as a single-family dwelling shall be permitted to be rebuilt in their existing location in all zoning districts and may be expanded into the ten (10) foot rear yard expansion area for additions, so long as the proposed additions do not expand any existing nonconformities and only at a density that is allowed per the current LDC and the 2050 Comprehensive Plan.