5-1

Repairs and alterations to nonconforming buildings or structures:

(a)

Repairs and alterations may be made up to 50% of the structure valuation as assessed by the Richmond County Board of Tax Assessors or its successor, at the time the petition is presented.

(b)

No structural alterations will be permitted except as provided for in Section 5-7 of this Ordinance.

(c)

No enlargements will be permitted except as provided for in Section 5-7 of this Ordinance.

(d)

In the event of destruction by fire or act of God, restoration will be permitted to the extent of the original improvements.

5-2

A building or structure nonconforming as to regulations for use or lot area or for dwelling units shall not be added to or enlarged in any manner unless said building or structure including such addition and enlargement is made to conform to the use and area in accordance with regulations of the zone in which it is located except as provided for in Section 5-7 of this Ordinance.

5-3

Continuation and change of use:

(a)

The nonconforming use of a building or structure, lawfully existing on March 25, 1963, may be continued.

(b)

The nonconforming use of a nonresidential building or structure may be changed only to a use of the same or more restrictive classification, except that any use provided for in Section 26 (Special Exception) may be changed only to the same use or a use that is permitted by the base zoning. The nonconforming use of a residential structure may not be changed to any use not permitted by the base zoning classification.

(c)

The nonconforming use of land (where no building is involved) lawfully existing on March 25, 1963, may be continued provided that no nonconforming use of land shall be expanded or extended either on the same or adjoining property.

5-4

Expansion prohibited. A nonconforming use of a portion of a building or structure shall not be expanded or extended into any other portion of such building or structure nor changed except to a conforming use.

5-5

Nonconforming due to reclassification. The foregoing provisions of this section shall also apply to buildings, structures, land or uses which hereinafter become nonconforming due to any reclassification of zones under this Ordinance or any subsequent change in the regulations of this Ordinance.

5-6

Any nonconforming use which has been abandoned for a period of two (2) years or more shall not be used for any purpose other than that permitted in the zone in which such use is situated.

5-7

Structural alterations and enlargement. An existing nonconforming use may be permitted to expand in the district in which it is located upon approval by the Executive Director provided that:

(a)

A site plan showing the existing nonconforming land and building(s) and the proposed expansion has been submitted for approval;

(b)

The existing nonconforming use is of a type permitted under the B-1 (Neighborhood Business) Zone, Section 21-1(b), of this Ordinance;

(c)

The enlargement does not exceed twenty (20%) percent of the square footage contained within the existing nonconforming structure, the amount of expansion permitted to be calculated using the square footage on record with the Richmond County Board of Tax Assessors;

(d)

The expansion shall not extend beyond the property lines of the existing nonconforming use except where additional land is acquired to meet the off-street parking requirements of Section 4 of this Ordinance;

(e)

The expansion is in compliance with all setback and yard requirements of the zone in which the nonconforming use is located;

(f)

Off-street parking and loading are provided in accordance with Section 4 of this Ordinance;

(g)

The expansion does not involve the construction of any separate structures; and

(h)

No previous expansion has occurred under the provisions of this section.

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Amended June 2013 - Section 5-3(b)

USE DISTRICT CLASSIFICATIONS