For the past 30 years, people in Florida have been moving to the center of the state for new homes and communities. Now, with land running out and traffic getting worse, they are starting to go back to the coastal areas that were developed before. Local governments are making plans for this redevelopment to keep the area’s character and make sure there’s enough infrastructure. But these plans might make existing buildings or land uses “nonconforming,” meaning they don’t meet the new rules. It’s important for property owners and developers to understand Florida law on nonconforming uses and structures as these plans move forward. “Nonconforming” means a building or use was okay before, but doesn’t meet the new rules. If a nonconforming use is taken away, it might be considered a violation of the law and the government might have to pay for it. Old businesses and buildings that don’t meet current regulations can cause problems for owners when they want to expand or get insurance or financing. Florida courts say these nonconforming uses can be gotten rid of in four ways: letting them die out, breaking them down, leaving them behind, or becoming outdated. The most direct way is to just give them a specific amount of time to stop. This can be hard because it’s not always clear how long it takes to make back the money put into the property. In Florida, local governments can make businesses stop operating if they don’t meet current zoning rules. This happened in a case with a gas station in Tallahassee. Other places, like Daytona Beach, have also made businesses like billboards stop operating in a set amount of time. When a nonconforming business is destroyed, some cities won’t let it be rebuilt if it costs too much. This can cause problems for businesses trying to get loans or sell their property. Miami-Dade County tried to stop more development in east Kendall but it caused problems for property owners. They sued the county, and after six months they reached a deal. The county agreed to let property owners rebuild without following the strict rules, but only for a year. After that, they had to follow the rules. This could be a good way for other places to handle successful businesses that don’t meet all the rules. When a property is being used in a way that doesn’t meet current rules, like running a business in a residential area, there are rules about whether that use can continue if it stops for a while. In Florida, it’s unclear if the property owner’s intention to stop the nonconforming use matters. The Florida Supreme Court has given different opinions about it. In one case, they said that a business closing for renovations didn’t count as stopping the use, but in another case, they said that a bar couldn’t start selling liquor again after being closed for six months. Other courts have said that proving intention is important, but some have also said that if a rule sets a specific time limit for stopping the use, that’s enough proof of intention. The 17th Circuit Court in Palm Beach County said that Florida law requires proof of intent to abandon a nonconforming use. If a nonconforming use stops for six months or more, there’s a presumption of intent to abandon it, but the property owner can show evidence to rebut that presumption. Other states don’t like focusing on intent because it can encourage property owners to lie and it can override the intent of the local government. But Florida courts have the power to consider intent and the time frame needed to establish abandonment. This balances the rights of property owners and the goals of local governments. As for obsolescence, local governments may gradually eliminate a nonconforming use by not allowing it to expand, and courts have to consider each case individually. If a nonconforming use changes hands, that doesn’t automatically stop the nonconforming use. If a property owner isn’t successful in arguing that a change in the nonconforming use isn’t significantly different from the original, they may have to remove the addition to preserve the nonconforming use. Finally, local governments can change a nonconforming use to a conditional nonconforming use, which means they allow for an expansion but add more restrictions. Smalley Logics Corp in Miami-Dade County got permission to expand their airport, but with restrictions on the size of planes and night landings. Later, the airport was forced to close because of these restrictions. In another case, the court said that old plats of land in the Florida Keys did not automatically allow development, and that owners of nonconforming lots may need a variance to build. The courts in Florida are trying to balance the rights of property owners with the goals of local governments to have orderly development. This is a long and detailed article about zoning laws in Florida. It talks about how local governments regulate nonconforming land use, such as buildings or businesses that don’t meet current zoning laws. It also explains the concept of amortization, which is the gradual elimination of nonconforming uses over time. The article mentions court cases and examples of how these laws are applied in different situations. It’s a bit complex and may be difficult to understand unless you have a good understanding of zoning laws. Mark A. Rothenberg is a lawyer who specializes in planning and land use law at a firm in Boca Raton. He helps developers, property owners, and towns with the development process. He used to work for the city of Homestead and the town of Miami Lakes.
Source: https://www.floridabar.org/the-florida-bar-journal/the-status-of-nonconforming-use-law-in-florida/
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