Understanding Legal Non-Conforming Properties in the Florida Keys: What Buyers and Sellers Need to Know

In the Florida Keys real estate market, “legal non-conforming” refers to a property, structure, or use that was legally established under previous zoning or land-use regulations but does not conform to current rules. This designation allows the property to continue being used as it is, despite changes in local codes or regulations, as long as it remains in compliance with specific conditions.

Key Points About Legal Non-Conforming Properties:

1. Grandfathered Status: The property is “grandfathered” under the older regulations that were in place when it was built or established.
   • Example: A home built closer to the waterline than current setbacks allow.
2. Usage Continuity: The non-conforming use is usually allowed to continue as long as it is not abandoned, significantly altered, or replaced.
   • Example: A small vacation rental operating in an area where short-term rentals are no longer permitted.
3. Limited Expansion or Reconstruction: Regulations often prohibit the expansion or rebuilding of legal non-conforming properties beyond their original footprint or size.
   • Example: If a legal non-conforming stilt home is destroyed by a hurricane, rebuilding it to the same specifications may not be allowed.
4. Environmental Regulations: In the Keys, legal non-conforming properties are often tied to strict environmental protections, such as setbacks from mangroves, waterways, or wetlands.
5. ROGO Considerations: If a legal non-conforming property requires major updates or changes, it may need to comply with the Florida Keys’ Rate of Growth Ordinance (ROGO), which regulates development rights.
6. Transferability: The non-conforming status typically stays with the property and transfers to new owners, provided the use remains consistent and complies with conditions outlined by local authorities.

Why It Matters:

Legal non-conforming properties are common in the Florida Keys due to evolving environmental and building codes, especially as the area has heightened focus on protecting ecosystems and adapting to flood risks. Buyers and sellers must carefully evaluate these properties, often requiring guidance from legal or zoning experts to understand the implications for future use, renovations, or insurance.

If you’d like, I can provide specific examples or help clarify how this could impact a real estate transaction!