Cumming City Zoning Code

    Within the various districts established by the Zoning Ordinance, as amended, there exist uses of land and structures that were lawfully in existence prior to the adoption of the Zoning Ordinance, or amendments thereto, but which do not conform to the current provisions of the Zoning Ordinance, as amended. These uses are defined for purposes of the Zoning Ordinance as nonconforming uses. It is the intent of the Zoning Ordinance to avoid undue hardship to the owners of nonconforming uses by permitting nonconforming uses to continue until they are removed. However, nonconforming uses are declared by the Zoning Ordinance to be incompatible with conforming uses in the districts involved and to have an adverse impact on orderly development or on the market value of properties with conforming uses.

   1.   Nonconforming Use of Land. The nonconforming use of land upon which no structure is erected or constructed may be continued so long as it remains otherwise lawful, subject to the following provisions:

      A.   No such nonconforming use shall be enlarged, increased or extended to occupy a greater area of land than was occupied immediately before the use became nonconforming.

      B.   No such nonconforming use shall be moved, in whole or in part, to any other portion of the lot or parcel that was not occupied by such use immediately before the use became nonconforming.

      C.   If any such nonconforming use of land ceases for any reason for a continuous period of three months, any subsequent use of such land thereafter shall conform to the district regulations for the district in which such land is located. However, if the nonconforming use is a seasonal use, to the extent that the use consistently is not operated during an off-season time period each year, then the off-season time period shall not be considered a period when the use has ceased for purposes of this subsection.

      D.   If any such nonconforming use is changed to or replaced by a conforming use, the use shall not thereafter be changed back to the nonconforming use.

   2.   Nonconforming Use of Structures. The nonconforming use of a structure, or of a structure and land in combination, may be continued so long as it remains otherwise lawful, subject to the following provisions:

      A.   No structure devoted to such nonconforming use shall be enlarged, extended, reconstructed, moved, or structurally altered, unless the subsequent use of the structure and land in combination is brought into conformity with the district regulations for the district in which the structure and land are located.

      B.   If any such nonconforming use of a structure, or structure and land in combination, is discontinued or abandoned for a continuous period of three months, any subsequent use of such structure, or structure and land in combination, thereafter shall conform to the district regulations for the district in which the structure and land is located. However, if the nonconforming use is a seasonal use, to the extent that the use consistently is not operated during an off-season time period each year, then the off-season time period shall not be considered a period when the use has ceased for purposes of this subsection.

      C.   If any nonconforming structure is destroyed by any means to an extent of 50 percent or more of its market value at the time of destruction, then such structure's nonconforming status shall terminate, and if such structure is reconstructed the subsequent use of the structure and land in combination shall conform to the district regulations for the district in which the structure and land is located.

      D.   If any nonconforming structure is destroyed by any means to an extent of less than 50 percent of its market value at the time of destruction, such structure may be reconstructed provided that the reconstruction project must be commenced within six months from the date of partial destruction and must be diligently prosecuted to completion.

      E.   Where nonconforming use status applies to a structure and land in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land.

   3.   Repairs and Alterations.

      A.   Ordinary repairs and alterations may be made to nonconforming structures, provided that no structural alterations may be made to such nonconforming structures. A nonconforming residential building may be repaired or altered to improve livability and health conditions, provided that no change in the number of dwelling units is permitted.

      B.   If any official charged with protecting the public safety declares any building or part thereof to be unsafe and orders that action be taken for the restoring of such building to a safe condition, nothing in the Zoning Ordinance shall be interpreted to prohibit such action.

   4.   Unlawful Uses are Not Nonconforming Uses. The nonconforming use regulations of this section are applicable only to uses of land and structures that were lawfully in existence prior to the adoption of the Zoning Ordinance, or amendment thereto, but which do not conform to the current provisions of the Zoning Ordinance, as amended. Any use of land, use of structure, or use of a structure and land in combination that, immediately prior to the adoption of the Zoning Ordinance or amendment thereto, was not a lawful use under the previous zoning regulations, shall not be authorized to have nonconforming status under this section.

   5.   Annexation. The nonconforming use regulations of this section are applicable to all structures and uses of land and structures that were lawfully in existence prior to the annexation of the subject property into the City, but which would be prohibited or restricted after annexation under the provisions of the Zoning Ordinance, or amendments thereto.