8.02.01   Generally

A.

Within the zoning districts established by this UDC there may exist lots, structures, or uses of land which were lawfully established before this UDC was adopted but which do not comply with the requirements set forth in this UDC.

B.

It is the intent of this Section to allow these nonconformities to continue until they are removed or discontinued. It is further the intent of this Section that nonconformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding structures or uses prohibited elsewhere in the same district.

C.

Once a building permit, development permit or special use permit has been issued by the zoning entity, a landowner has a right to develop the property pursuant to that permit during the term of such permit as specified in this UDC (but not thereafter), notwithstanding a zoning change subsequent to the issuance of the building/development permit.

8.02.02   Nonconforming Lots

A lot of record whose area, frontage, width or other dimensions, or location were lawful prior to the adoption or amendment of this UDC, and which, by reason of such adoption or amendment, no longer meets or exceeds one or more such requirements of the applicable zoning district, may be developed with any use that is allowed in the district. The following requirements shall also apply:

A.

All other requirements of the zoning district in which the lot is located are met.

B.

Building plans shall be consistent with all state and local codes.

C.

Single Lots. Where the owner of a lot at the time of the adoption of this ordinance or his successor in title thereto does not own sufficient land to enable him to conform to the dimensional requirements of this ordinance, such lot may be used as a building site for a single-family residence in a district where residences are permitted provided that the development of the lot is in compliance with any subdivision regulations and restrictions applicable thereto.

D.

Adjoining Lots. If two or more adjoining lots with continuous frontage are in a single ownership at any time after the adoption of this ordinance and such lots individually are too small to meet the yard, width and area requirements of the district in which they are located, such groups of lots shall be considered as a single lot or several lots of minimum permitted size and the lot or lots in one ownership shall be subject to the requirements of this ordinance.

E.

Mobile homes located in a nonconforming mobile home park space shall not be replaced when space is vacated unless that space is brought up to conformity, and new spaces may not be added to existing mobile home parks unless developed in compliance with this UDC.

8.02.03   Continuance of Nonconforming Use

Except for the provisions of this Article concerning zoning with compensation (see Section 8.02.06), the lawfully established use of any building or structure or land existing at the time of the enactment of this UDC that becomes nonconforming at the time of adoption or amendment of this UDC may continue subject to the following requirements:

A.

A nonconforming use shall not be changed to another nonconforming use; provided however, that a structure that is being leased which loses its tenant may alter that use to a use that is allowed under the same zoning classification as the previous tenant had used it (for example, a building that is being leased for an industrial use may continue to lease to an industrial tenant) subject to the requirements of this Article and the barrier/screening requirements that may be required in Article IV.

B.

A nonconforming use shall be allowed to continue within the confines of any structure in which it may be operating, subject to the following requirements:

1)

The use may continue and the volume or intensity of such nonconforming use or activity may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of this UDC.

2)

The use shall not be extended to occupy any structures or land outside the existing structure devoted to the use.

C.

A nonconforming use which is superseded by an allowed use shall not thereafter be resumed.

D.

A nonconforming use shall in no way be extended or relocated, either on the same or adjoining property.

E.

A nonconforming use shall not be reestablished after discontinuance of such use for one (1) year, regardless of any reservation of intent not to abandon.

F.

Notwithstanding any provisions of this UDC that may be to the contrary, a nonconforming use or structure that is damaged or destroyed by fire, natural deterioration or other natural disaster to an extent less than or equal to 50 percent of its fair market value immediately prior to damage or destruction may be rebuilt, altered or repaired only as provided herein:

1)

Restoration shall be commenced within 12 months from the date damages were incurred.

2)

If reconstruction is not commenced within 12 months, the reconstruction and use of the land or structure shall thereafter conform to the provisions of this UDC.

3)

Fair market value shall be determined by reference to current statutory provisions pertaining to the valuation of real property for ad valorem tax purposes.

G.

A structure damaged or destroyed by any means to an extent equal to or greater than 50 percent of its fair market value at time of damage or destruction shall be reconstructed only in conformity with the provisions of this UDC.

8.02.04   Nonconforming Structures

A lawfully established structure that becomes nonconforming at the time of adoption of this UDC may continue subject to the following requirements:

A.

The nonconforming structure shall not be enlarged, with the exception that barns and/or poultry houses, including those in noncompliance as to setbacks, may be replaced provide the replacement structure is built on the exact location and is no more than 25 percent greater in square footage than the original structure.

B.

Structures under physical construction (the terms "physical construction" shall refer to the completion of the digging of and laying of the entire masonry or other foundation for the structure) on the date of the adoption of this UDC, and that are under physical construction due to permits that were lawfully issued by Catoosa County, shall be allowed to be completed regardless of whether the use to be made in such structure would be in a nonconforming zone.

C.

The structure or portion thereof may be altered to decrease its degree of nonconformity.

D.

If a nonconforming structure is moved for any reason for any distance, it shall be brought into conformance with the building, site design, and use requirements of the zoning district to which it is moved.

E.

When any use of a nonconforming structure is discontinued for a continuous period in excess 12 months, any future use of the structure is permissible only when the structure has been brought into compliance with the provisions of this UDC.

8.02.05   Nonconforming Signs

A.

[Nonconforming sign.] A nonconforming sign is a sign that was lawfully erected and maintained prior to the adoption or amendment of this Development Code, and which by reason of such adoption or amendment fails to conform to all applicable regulations and restrictions of this Development Code.

B.

Grandfathered nonconforming signs. A nonconforming sign that is permanently affixed to the ground or to a building may continue to be used, except that the nonconforming sign shall not be replaced, expanded, relocated or substantially renovated except in conformity with the provisions of this Development Code.

C.

Temporary signs to be removed. Any nonconforming sign that is temporary in nature and not permanently affixed to the ground or to a building, such as but not limited to a portable sign, a streamer or pennant, shall be removed within 30 days of becoming a nonconforming sign.

D.

Treatment of Illegal Signs.

1)

The following requirements shall apply to illegal signs located within a public right-of-way or on public lands:

a.

Signs located illegally within any public right-of-way or other public lands shall be removed immediately upon adoption of this Development Code.

b.

The Code Enforcement Director or other county employee(s), (and/or private individuals, corporations and entities, if so authorized by the Board of Commissioners), shall be authorized to remove and dispose of nonconforming signs from public rights-of-way and other public lands with or without notice to and at the expense of the owner, builder or other parties responsible for placement of said sign.

2)

The following requirements shall apply to illegal signs not located within a public right-of-way or on public lands:

a.

A sign that did not lawfully exist under the County's regulations prior to adoption of this Development Code shall, within 30 days of adoption of this Development Code, either be removed or be brought into conformance with all provisions of this Development Code.

b.

Failure to remove such illegal sign or bring it into conformance following 30 days' notice to the owner or occupant of the property by the Code Enforcement Director shall authorize the County to remove the sign at the expense.

8.02.06   Zoning with Compensation

A.

General Provisions.

1)

From time to time, the use of existing land, buildings or structures might need to change depending upon the character of the neighborhood. The governing authority (upon the recommendation of the Planning Commission) may change the zoning of property and discontinue the preexisting use thereof by amending the zoning map and paying compensation to the landowner for the discontinuance of an existing use.

a.

In the event that the governing authority and the landowner cannot agree upon a price to be paid for the discontinuance of such use, then the governing authority shall pay its proposed price into the registry of the clerk of the superior court of Catoosa County, and may rezone the property to discontinue the existing use.

b.

The landowner may either obtain said funds from the clerk of the superior court of Catoosa County or file an action similar to an inverse condemnation suit in the superior court of Catoosa County, Georgia.

c.

The discontinuance of the existing use shall be accomplished immediately upon the rezoning or payment of such sum offered by the governing authority into the registry of the court, whichever shall occur last.

d.

The governing authority shall be authorized to uniformly access a special tax against neighboring properties to reimburse the county for any payment or award of damages given to the landowner provided that such discontinuance of use is of benefit to the neighboring properties.

e.

This "zoning with compensation" should only be accomplished after considerable input from property owners and from neighboring property owners.

B.

Provisions Regarding Junkyards.

1)

Subject to the provisions of this ordinance concerning zoning with compensation, any junkyard in existence on the date of the adoption of this ordinance shall be considered to be a valid nonconforming use only if: it is in full compliance with the legal requirements of the junkyard and junk motor vehicle control ordinance adopted by Catoosa County on February 10, 1984.

2)

No junkyard shall be allowed solely on the contention that it is grandfathered, and no person shall acquire or hold vested rights to junkyard ownership other than by and through the provisions of this ordinance.

3)

Any person affected by a junkyard established and maintained in violation of this ordinance, or the county attorney of Catoosa County, may file an appropriate action in the superior court of Catoosa County to enjoin any person, partnership, firm or corporation from maintaining a junkyard in violation of this ordinance. Upon determination by the court that such junkyard does not comply with the provisions of this ordinance, and is not subject to any exception to the [this] ordinance, the owner of such junkyard shall, within 30 days of such order, remove the junkyard; and in default thereof, the zoning administrator or his designees may take action to remove, obliterate or abate the junkyard, and may go on private property to accomplish such purpose. The zoning administrator may then submit, by registered or certified mail, a statement of expenses for such removal, obliteration or abatement to the person owning or operating such junkyard; and if payment is not made to the zoning administrator within 60 days of receipt thereof, such amount may be collected by an action at law.

8.03.01   Purpose

A.

When, due to the peculiar size, shape, topography or other unusual physical condition of the tract of land or when circumstances are such that a strict enforcement would inflict an unreasonable, unnecessary or peculiar hardship the Planning Commission may waive strict compliance with the provisions of this UDC and make necessary variances to accommodate the situation.

B.

The existence of a nonconforming use of neighboring land, buildings or structures in the same district or of permitted or nonconforming uses in other districts shall not constitute sufficient reason for granting the requested variance.

C.

In no event shall a variance be granted to permit a use in a zoning district that is prohibited in that district.

D.

In determining whether or not to grant a variance, the Planning Commission shall consider, the following:

1)

Whether there are extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its size, shape or topography.

2)

If the application of this UDC to this particular piece of property would create an unnecessary hardship.

3)

Whether conditions are peculiar to the particular piece of property involved.

4)

Whether the relief, if granted, would cause substantial detriment to the public good or impair the purposes and intent of this UDC.

E.

The variance should be granted only if the applicant meets the burden of proving (by the preponderance of evidence) that the need for the proposed variance outweigh the detriments or deprecating effects to other properties or the public health, safety, or general welfare.

8.03.02   Procedures

A.

Application.

1)

The application shall be sworn to be true and correct and signed by the landowner (and his/her/its agent) requesting the variance, if applicable.

2)

The application shall include the property owner's signature that attests to his or her ownership of the property shown on the application.

3)

Should the property owner appoint another party to act as his/her agent in the proposed zoning change, the application shall include the property owner's signature that identifies and authorizes the party responsible for acting as said agent.

4)

All applications for a variance shall be accompanied by a fee as established by the Board of Commissioners from time to time, unless a pauper's affidavit is approved by the county.

B.

Posting Sign. The application for a variance and the public hearing thereon shall also be published by the posting of a sign in accordance with the following:

1)

Upon receipt of an application for a variance by the Zoning Administrator, a sign containing the required public notice information shall be placed by the Zoning Administrator:

a.

In a conspicuous location on the property facing a public street or road immediately adjacent to a public road or right-of-way.

b.

At a point where the sign is likely to be most visible to vehicular traffic.

c.

Not less than 15 days prior to the date of the hearing.

C.

Notice to be Published in Newspaper. The applicant shall cause to be published a notice of the proposed action in a newspaper of general circulation within Catoosa County. The notice shall at least contain the following information:

1)

Name and address of the applicant;

2)

Street/road address (including box or postal number, if such has been designated by the postal service) location of the property for which the variance is sought; if the property is located in a subdivision, the lot number shall also be provided in the publication;

3)

Current zoning of the property for which the variance is sought;

4)

The variance requested (stating the proposed use of the property) and the reason for the requested variance;

5)

The date, time and place of the public hearing on said requested variance.

D.

Determination Time Limit.

The Planning Commission shall make a determination of whether a variance should be given (and under such terms as it may require) on the night of the hearing if practicable, or in any event within 10 days from the conclusion thereof.

8.04.01   Authority

A.

The Zoning Administrator shall have the power to grant variances (except for density and use) from the development standards of this UDC if the intent of the UDC can be achieved and equal performance obtained by granting a variance.

B.

The Zoning Administrator may allow in his/her sole discretion a variance to the provisions of this UDC as specified in this section which shall not exceed [20] percent from the minimum or maximum required standards provided for in this UDC.

C.

The authority to grant an administrative variance shall be limited to the following:

1)

A reduction in the minimum front, side, or rear yard requirements for a single lot.

2)

An increase in the maximum height requirements for building construction on real property, if such variance does not allow space habitable by humans and is also approved by the Fire Marshal and would not result in an increase in the number of stories that would otherwise be allowed by the zoning district.

3)

A reduction in the minimum off-street parking and loading regulations.

4)

A reduction in the minimum width requirements for planted or undisturbed buffers.

D.

No variance may be granted administratively for an application for a variance that has been heard by the Planning Commission within one (1) year or if the application is for the expansion of a non-conforming use or structure.

8.04.02   Application Requirements

A.

Application.

1)

The applicant desiring an administrative variance shall file with the Planning and Zoning Office an application for administrative variance upon a standard form, which will be supplied by the Planning and Zoning Office upon request.

2)

The application shall be completed in its entirety by the applicant before the Planning and Zoning Office will accept it for filing and review.

B.

Payment. Payment of the published filing fee shall be required before the Planning and Zoning Office will accept the application for filing and review. Fees shall be set from time to time by resolution of the Board of Commissioners.

C.

Notification. Upon a determination by the Planning and Zoning Office all required information is complete and that the request is within the limits of consideration set forth in Section 8.04.01, public notice shall be provided in a newspaper of general circulation within Catoosa County in accordance with Section 8.03.02.C of this Article.

8.04.03   Approval

A.

Basis of Approval. The following criteria shall be considered by the Zoning Administrator before allowing an administrative variance.

1)

The variance achieves the general intent of this UDC;

2)

The variance does not exceed the scope of authority set forth in Section 8.04.01;

3)

In addition, the Zoning Administrator shall consider the review criteria in Section 8.03.01.D.

B.

Conditions of Approval.

1)

The Zoning Administrator may impose reasonable conditions upon any administrative variance to ensure that the public health, safety, and general welfare are protected.

2)

A violation of any imposed condition shall be a violation of this UDC.

8.04.04   Administration

A.

After required notice has been provided and the time period for response has passed, the Zoning Administrator shall consider the variance request at the published time and location and shall render a decision.

B.

Notice of the decision shall be provided to the applicant by mailing such decision within five business days of the decision.

C.

Notice of the action taken by the Zoning Administrator shall be provided to the Planning Commission and shall be placed as an item of old business for no further action upon the agenda of the Planning Commission within 31 days.

8.04.05   Compliance with Other County Codes

A.

The effect of an administrative variance approval shall be that a specific request is determined to be appropriate for a specific location.

B.

The administrative variance application shall not approve a site plan nor waive or modify any other requirements of any other county code other than as specifically granted pursuant to the variance.