Any lot for which a plat or legal description has been recorded in the Clerk of Superior Court of Bartow County as of November 7, 1996, which fails to comply with the dimensional requirements for the district in which it is located may, if vacant, be used for any of the uses permitted within the district by this chapter or, if occupied by a structure containing a conforming use, may have the structure improved, enlarged, or extended; provided that in either case:

A.

Minimum requirements of the district for front, side, and rear yard, height, and floor area shall be complied with; and

B.

The lot may be used for duplexes or multifamily dwellings when allowed within the district only if the lot meets the minimum lot area requirements for those uses in the district.

No plat of a land subdivision within the City of Cartersville shall be entitled to be recorded in the Clerk of Superior Court of Bartow County unless it has the approval of the zoning administrator or his/her designated representative inscribed thereon. Any plat of a land subdivision which, as of November 7, 1996, has been recorded without the written approval of the zoning administrator, shall not be recognized by the City of Cartersville.

Nonconforming uses consisting of lots used for storage yards, used car lots, auto salvage yards, golf driving ranges, miniature golf and similar open uses where the only buildings on the lot are incidental and accessory to the open use of the lot and where such use of the land is not permitted to be established hereafter under this chapter in the district in which it is located, shall be governed by the following restrictions in addition to the other requirements in this chapter:

A.

When a nonconforming open use of land has been changed to a conforming use, it shall not thereafter be used for any nonconforming use.

B.

A nonconforming open use of land shall not be enlarged to cover more land than was occupied by that use when it became nonconforming.

C.

When any nonconforming open use of land is discontinued or abandoned, regardless of intent, for a period in excess of twelve (12) months, any future use of the land shall be limited to those uses permitted in that district under the provisions of this chapter. Vacancy and/or nonuse of the land, regardless of the intent of the owner or tenant, shall constitute discontinuance under this provision.

Nonconforming uses consisting of structures and/or land or appurtenances used in conjunction with the primary purpose of the structure, at the time of the passage of this chapter, for purposes not permitted in the district in which they are located shall in addition to the other requirements of this chapter be governed by the following restrictions:

A.

An existing nonconforming use of a structure and/or land or appurtenances used in conjunction with the primary purpose of the structure may be changed to another nonconforming use that is similar in its operation and effect on surrounding properties or may be changed to a conforming use.

B.

An existing nonconforming use of a structure and/or land or appurtenances used in conjunction with the primary purpose of the structure shall not be changed to another nonconforming use that generates more automobile or truck traffic, creates more noise, vibration, smoke, dust or fumes, is a more intensive use of structures than the existing nonconforming use, and is in any way a greater nuisance to the adjoining properties than the existing nonconforming use.

C.

A nonconforming use of a structure and/or land or appurtenances used in conjunction with the primary purpose of the structure shall not be extended or enlarged except into portions of the structure which at the time the use became nonconforming were already erected and arranged or designed for such nonconforming use. No structural alterations shall be made in any structure occupied by a nonconforming use, which would in any way increase the floor space, area, or volume of space occupied by the use, except that the mayor and council may, after a public hearing and review of the proposed plan, grant a special use if it is determined that said use will not be detrimental to the neighboring properties and is not contrary to the intent of this chapter.

D.

When any nonconforming use of a structure and/or land or appurtenances used in conjunction with the primary purpose of the structure is discontinued for a period in excess of twelve (12) months, any future use of the structure shall be limited to those uses permitted in that district unless otherwise approved by the mayor and council. Vacancy and/or nonuse of the building, regardless of the intent of the owner or tenant, shall constitute discontinuance under this provision.

(Ord. No. 02-15, § 1, 3-5-15)

When a nonconforming structure or a structure containing a nonconforming use is razed or damaged by fire, flood, wind, or act of nature, such structure may be reconstructed as a nonconforming use only if the damage totals less than seventy-five (75) percent of the value of the structure; however, this provision shall not apply to owner-occupied dwellings. Structures which do not conform to the yard requirements of this chapter shall also be governed by this provision.

Any intended nonconforming use for which a vested right was acquired prior to the adoption of this chapter or the adoption of an amendment thereto shall be prohibited unless such is actually commenced within twelve (12) months of the adoption of this chapter or the adoption of an amendment thereto regardless of the intent or expectation to commence or abandon such nonconforming use.

Any nonconformances created by a change in district boundaries or ordinance regulations after the date of passage of this chapter shall also be governed by the provisions of this section.

No nonconforming use, building, structure and/or land or appurtenances used in conjunction with the primary purpose of the structure, requiring a special use permit under the terms of this chapter, including any use, building or structure that was authorized as of right prior to the adoption of this chapter but would require a special use permit upon the adoption of this chapter, shall be enlarged, expanded, moved, or otherwise altered in any manner except after application for and approval of a special use permit. Normal repair and maintenance of buildings and structures is authorized without the need for special use permits. No such use, building or structure which has been discontinued for a continuous period of six (6) months shall be re-established unless such cessation is a direct result of governmental action impeding access to the property.

(Ord. No. 02-15, § 2, 3-5-15)