Editor's note— Ord. No. 2022-03, § 1(Exh. A), adopted Aug. 1, 2022, deleted § 27-701 entitled "Intent," which derived from: Ord. No. 2004-10, § 1, adopted Oct. 4, 2004; and Ord. No. 2017-24, § 1, adopted Nov. 6, 2017. See. § 27-703 for similar provisions.

Within the districts established by this Code, there exist lots, structures, uses, and signs which existed before the adoption of this Code or previous amendments, but which would be prohibited or restricted under the provisions of this Code or future amendments. This article prescribes how these nonconformities may be continued, terminated, or made to comply with this Code.

(Ord. No. 2004-10, § 1, 10-4-04; Ord. No. 2010-14, § 55, 9-7-10; Ord. No. 2022-03, § 1(Exh. A), 8-1-22)

The provisions of this article have been written to achieve the following purposes and intentions of the city council:

(1)

An existing lot that qualifies as a nonconforming lot of record may be used for the purposes allowed in its zoning district (see section 27-705).

(2)

An existing structure that is nonconforming due to the size of the structure or its placement on the lot, or due to noncompliance with other regulations in this chapter such as lot coverage or allowable signage, may be expanded only in compliance with this Ccode (see section 27-706).

(3)

An existing use that is not permitted in its zoning district may not be expanded (see section 27-708).

(4)

Abandoned signs must be removed (see section 27-709).

(Ord. No. 2004-10, § 1, 10-4-04; Ord. No. 2017-24, § 1, 11-6-17; Ord. No. 2022-03, § 1(Exh. A), 8-1-22)

Refer to article I for definitions.

(Ord. No. 2004-10, § 1, 10-4-04)

(a)

Lot of record means a parcel of land, the deed or plat of subdivision (which has been approved by the City of Neptune Beach) of which has been recorded in the Office of the Clerk of the Circuit Court of Duval County, Florida.

(b)

Nonconforming lot of record means any lot of record recorded prior to January 1, 1991 that does not conform to the lot area or width requirements established for the zoning district in which said lot is located. A lot of record recorded after January 1, 1991, will also be a nonconforming lot of record if the lot area or width requirements are later changed such that the lot no longer complies with the zoning district in which said lot is located.

(c)

Special requirements for lots in the R-3 zoning district are provided in section 27-242.

(d)

Special requirements for lots in the R-4 zoning district are provided in section 27-243.

(e)

Except in the R-3 and R-4 zoning districts, nonconforming lots of record may be developed and used for any use permitted in the district, provided:

(1)

That residential uses must comply with density restrictions imposed by the adopted future land use map (see section 27-242).

(2)

That such lots shall have a minimum width throughout their length of at least forty (40) feet; and

(3)

That any new development shall conform to the required setbacks, lot coverage limitations, and building height limitations for the district in which it is located.

(f)

Wherever there exists a structure which by itself or with accessory structures exists on a parcel containing more than one (1) nonconforming lot of record, said building site shall not henceforth be reduced or diminished in dimension or area below the minimum requirements set forth in this chapter for the district in which it is located (regardless of whether the structure or accessory structures have been demolished, or removed therefrom, in whole or in part).

(Ord. No. 2004-10, § 1, 10-4-04; Ord. No. 2017-24, § 1, 11-6-17; Ord. No. 2022-03, § 1(Exh. A), 8-1-22)

(a)

Nonconforming structure means any structure that does not conform with the provisions of the zoning district where the structure is located due to noncompliance with the dimensional standards in chapters 27 or 30.

(b)

A nonconforming structure may remain indefinitely, subject to the following limitations:

(1)

The nonconforming structure may not be physically expanded in any manner that would increase the nonconformity.

(2)

The nonconforming structure may not be physically expanded in any manner that would violate any additional physical standards in this Code.

(3)

To avoid undue hardship, nothing in this chapter shall be deemed to require a change in the plans, construction or designated use of any building, if a building permit was issued prior to the adoption or amendment of this Code causing the nonconformity; provided, that construction commences within six (6) months of issuance and continues in good faith.

(4)

If characteristics of use are made nonconforming by this chapter as adopted or amended, no change shall thereafter be made in such characteristics of use which increases nonconformity with the regulations set out in this chapter; however, changes may be made that do not increase or that decrease such nonconformities.

(c)

A nonconforming structure will have its nonconforming status terminated, and shall not thereafter be used, repaired, or rebuilt except in conformity with the regulations of the district in which it is located, under the following conditions:

(1)

If the principal structure has been destroyed or is substantially damaged, as that term is defined in section 27-15.

(2)

Whenever the use of a nonconforming structure has been discontinued, as evidenced by the lack of use or a vacancy for a period of at least twelve (12) months, or whenever a conforming use is substituted, such nonconforming use shall not thereafter be re-established; and the future use shall be in conformity with the provisions of the district in which it is located.

(3)

If a nonconforming structure or portion thereof becomes physically unsafe or unlawful due to lack of repairs or maintenance and is declared by any duly authorized official of the city to be an unsafe building, it shall not thereafter be repaired or rebuilt except in conformity with the regulations of the district in which it is located.

(4)

All repairs and rebuilding must also comply with:

a.

The Florida Building Code (see chapter 8, article II); and

b.

The International Property Maintenance Code (see chapter 8, article III), which includes provisions for unsafe conditions and unsafe structures.

(Ord. No. 2004-10, § 1, 10-4-04; Ord. No. 2009-04, § 1, 6-1-09; Ord. No. 2017-24, § 1, 11-6-17; Ord. No. 2022-03, § 1(Exh. A), 8-1-22)

(a)

Notwithstanding any other provisions of this Code, a residential building that is nonconforming as to its structure or use may be reconstructed if it is destroyed or substantially damaged, as defined in section 27-15, provided that:

(1)

The reconstruction does not result in an increase in nonconformity of a lot area, yards, or setbacks;

(2)

The number of dwelling units in such reconstructed structure does not exceed the number of units in existence prior to the destruction or substantial damage; and

(3)

The repair or reconstruction is substantially completed within twenty-four (24) months of the date of such destruction or substantial damage. A twelve-month extension may be granted by the city manager or designee due to extenuating circumstances.

(Ord. No. 2022-03, § 1(Exh. A), 8-1-22)

(a)

Nonconforming use means any use of a structure, or use outside a structure, that does not conform with the uses allowed for the parcel's zoning district or with density restrictions imposed by the adopted future land use map.

(b)

A nonconforming use may not be extended or enlarged:

(1)

By having any buildings or structures replaced or expanded in physical size; or

(2)

By having an additional structure erected for the nonconforming use; or

(3)

By increasing the residential density; or

(4)

By increasing the land or water area for the nonconforming use.

(c)

Where open land, i.e., improved, or unimproved vacant land, is being used for a nonconforming use, such use shall not be extended or enlarged either on the same or adjoining property.

(Ord. No. 2022-03, § 1(Exh. A), 8-1-22)

(a)

Abandoned signs shall be removed by the owner or property lessee within thirty (30) days of the cessation of business or activity conducted on the property where the sign is located.

(b)

A business shall be considered to have ceased or be inactive where the property: (1) is vacated; (2) no longer has a valid certificate of occupation or business tax receipt; (3) no longer provides the service or product advertised on the sign; (4) has no active utility service account(s); or (5) displays a blank sign.

(c)

Any sign which pertains to a business or occupation which is no longer using the property on which the sign is situated, or which relates to a time or event that no longer applies, constitutes abandonment, as well as false advertising or false identification.

(d)

A sign or sign structure shall also be considered abandoned or discontinued when its owner fails to operate or maintain a sign for a period of sixty (60) days or longer after receipt of notice from the city manager or designee of apparent abandoned status.

(e)

Failure to remove an abandoned sign shall result in a civil fine of one hundred ($100.00) dollars per day of non-removal after notice from the city manager or designee and shall constitute a lien upon the property upon which the sign is affixed, subject to enforcement and collection, as provided in this Code and the Florida Statutes.

(Ord. No. 2007-15, § 1, 10-1-07; Ord. No. 2015-02, § 2, 3-2-15; Ord. No. 2022-03, § 1(Exh. A), 8-1-22)

Editor's note— Formerly codified as § 27-707, which was renumbered by Ord. No. 2022-03, as herein set out.