This division shall be known as the "Leon County Nonconforming Land Uses Ordinance."

(Code 1992, § 10-6.401; Ord. No. 07-20, § 2, 7-10-2007)

It is the intent of this division to provide procedures and criteria for the review of the status of nonconforming land uses by the board of adjustment and appeal.

(Code 1992, § 10-6.402; Ord. No. 07-20, § 2, 7-10-2007)

The nonconforming use shall be consistent with all of the following criteria as set forth by the Comprehensive Plan and division 3, article VI of this chapter in order to be eligible for application for a certification of previously established land use conformity (PELUC certificate). Any nonconformity that is expressly prohibited by the following criteria shall not be eligible to apply for waiver of nonconforming use status.

(1)

The nonconforming use shall have been originally established as a legal use and have been in existence on July 16, 1990.

(2)

The waiver provisions as set forth by land use policy 1.5.1 of the Comprehensive Plan and division 3, article VI of this chapter shall be applicable only to existing nonconforming uses of land and cannot be applied to waive any other development criteria in the land development ordinances and regulations, such as, but not limited to, environmental requirements, buffering, open space, building codes, lot area, impervious surface, parking, or setbacks.

(3)

In all future land use and zoning categories, the following uses shall not be eligible to apply for a PELUC certificate:

a.

Heavy infrastructure and heavy industrial uses adjoining low density residential area.

b.

Heavy infrastructure and any industrial use for which sole access is to a local or minor collector street, unless the street is a designated non-residential street.

(4)

In order to protect existing residential areas from encroachment of incompatible uses that are destructive to the character and integrity of the residential environment, the following uses that are located within areas designated residential preservation shall not be eligible to apply for a PELUC certificate:

a.

Commercial uses and development in excess of 20,000 square feet of building floor area, other than office uses.

b.

Residential uses at a density of greater than 12 dwelling units per acre.

c.

All industrial uses.

d.

Heavy infrastructure.

(5)

No request for waiver can be submitted which exceeds a floor area ratio of 0.5 for office uses and 0.35 for all other uses.

(Code 1992, § 10-6.404; Ord. No. 07-20, § 2, 7-10-2007)

The establishment of eligibility of the nonconforming use for purposes of application submittal shall in no way be construed to form the basis for granting the waiver, or waiver with mitigation, of nonconforming use status. The applicant shall bear the burden of demonstrating that the impacts of the nonconforming use are either minimal upon the surrounding land uses and are not detrimental to the public health, safety, and welfare, or that the impacts of the nonconforming use may be substantially mitigated. The Board of Adjustment and Appeals may grant a PELUC certificate pursuant to the procedures set forth in article VI, division 3.

(Code 1992, § 10-6.405; Ord. No. 07-20, § 2, 7-10-2007; Ord. No. 20-06, § 2, 4-28-2020)

(a)

Any use for which the PELUC certificate has been granted that ceases for a period in excess of 12 months shall be deemed a voluntary abandonment of said certificate.

(b)

Any change of use shall be deemed a voluntary abandonment of said certificate unless, upon notice of violation of the certificate conditions from the county, the violation ceases within 30 days.

(c)

A finding of a violation by the code enforcement board of the terms or conditions of the certificate shall be an abandonment of the certificate, and the use shall return to its previous nonconforming status.

(Code 1992, § 10-6.406; Ord. No. 07-20, § 2, 7-10-2007)