Upon adoption of this Code and Official Zoning Map, some structures, lots, and uses may no longer conform to the regulations of the zoning district in which they are located. For this reason, this Article has been generated to provide the rules, policies and regulations that apply to these structures, lots, and uses; referred to as Legal Nonconforming.

A structure or lot which was constructed or is being used without an approved Building Permit or approval from the Board of Zoning Appeals or City Council is considered illegal nonconforming. An illegal nonconforming property shall be subject to actions and penalties allowed by this Code and all other applicable City of College Park laws and shall be altered to conform to all applicable standards and regulations of this Code. Further, an illegal nonconforming structure, lot or use is created at the fault of the owner, tenant or property manager.

Legal Nonconforming differs from illegal Nonconforming in that the reason for the nonconformance is caused by the enactment of a Zoning Code or a change to the Zoning Code (including the Official Zoning Map). The structure, lot or use has not changed, but due to the Zoning Code enactment or change, the property no longer conforms to the policies and standards of the zoning district in which it is located. When this situation occurs, the property is deemed Legal Nonconforming or "Grandfathered."

Any structure, lawfully established prior to the effective date of this Code, or its subsequent amendments, that no longer meets the developmental standards shall be deemed a Legal Nonconforming Structure.

A legal nonconforming structure may continue provided that it remains the same or fits within the below described tolerances:

A.

Any legal nonconforming structure shall not be enlarged or altered in a manner that increases its nonconformity, but any structure or portion thereof may be expanded within the allowable building envelope or altered in a manner to decrease its nonconformity.

B.

Any legal nonconforming structure which is intentionally altered to conform to the requirements of this Code shall thereafter conform to the regulations of the district in which it is located, and the legal nonconforming features may not be resumed.

C.

If a building or structure is moved for any reason, for any distance, it shall thereafter conform to the provisions of this Code.

The intent, and any evidence thereof, of any owner and/or user of a building or land, to discontinue or abandon the use shall be irrelevant in determining whether discontinuance or abandonment has in fact occurred. Instead, the determination of such discontinuance or abandonment shall be based upon such objective evidence as would lead a reasonable observer of actual use of the building or land, to believe that discontinuance or abandonment of the use has in fact occurred. This subsection shall not apply to legal nonconforming uses in existence on or before September 15, 2003.

All lots legally established and recorded prior to the effective date of this Code, or its subsequent amendments that no longer meet any applicable provision of this Code shall be deemed a Legal Nonconforming Lot of Record. Legal Nonconforming Lots of Record may be built upon only if the proposed use is permitted and all development standards of the applicable zoning district of this Code are met. Any lot which met minimum lot standard area at the time it was created, shall be deemed buildable for a single family residence.

Any lawful use of structures, land, or structures and land in combination established prior to the effective date of this Code or its subsequent amendments that is no longer a permitted use in the district where it is located shall be deemed a Legal Nonconforming Use. A legal nonconforming use may continue provided that it remains otherwise lawful, subject to the following conditions:

A.

Existing structures devoted to a legal nonconforming use shall only be enlarged, expanded, increased, extended, constructed, or structurally altered in accordance with the Zoning District Standards identified in Article 3. Furthermore, the use of the structure may be altered to a use permitted in the district in which it is located or as otherwise specified in this Article.

B.

No structure shall be constructed in connection with an existing legal nonconforming use of land.

C.

Any legal nonconforming use of a structure may be extended throughout any parts of a building which were plainly arranged or designed for such use at the effective date of this Code or its subsequent amendments, but no such use shall be extended to occupy any land outside the building.

D.

No legal nonconforming use of land shall be enlarged, increased, extended to occupy a greater area of land, or moved in whole or in part to any other portion of a lot than was occupied at the effective date of this Code.

E.

If a legal nonconforming use is intentionally discontinued for six (6) months or longer, any subsequent use of such land, structure or land and structure shall conform to the provisions of this Code. The intent, and any evidence thereof, of any owner and/or user of a building or land, to discontinue or abandon the use shall be irrelevant in determining whether discontinuance or abandonment has in fact occurred. Instead, the determination of such discontinuance or abandonment shall be based upon such objective evidence as would lead a reasonable observer of actual use of the building or land, to believe that discontinuance or abandonment of the use has in fact occurred. This subsection shall not apply to legal nonconforming uses in existence on or before September 15, 2003.

F.

Uses which are required to be discontinued due to government action which impedes access to the premises, or damage resulting from fire, flood, other natural disaster, or a criminal act shall be exempt from this provision. Such exempt uses, if rebuilt or restored, shall be identical in scale, lot coverage, and all other aspects to that which was discontinued.

G.

When a legal nonconforming use is superseded by a permitted use, it shall thereafter conform to the regulations of the district in which it is located, the legal nonconforming use may not thereafter be resumed.

The following applies to legal nonconforming structures and legal nonconforming uses of structures, or structures and land in combination:

A.

Work may be done for ordinary repairs or replacement of walls, heating, fixtures, wiring, or plumbing; under the condition that the cubic content existing when the structure became nonconforming shall not be increased.

B.

If a structure becomes unsafe or unlawful due to physical condition and is razed, the structure shall be rebuilt in conformity with the district in which it is located.

C.

Nothing in this Section shall be deemed to prevent the strengthening, repairing, or restoring to a safe condition of any structure or part thereof declared to be unsafe by any official charged with protecting public safety upon order of such official.