Any lawful use of buildings, structure, land, or parts thereof existing at the time of the adoption or amendment of this ordinance, and made nonconforming by the provisions of this ordinance or any amendments thereto, may be continued, subject to the provisions of this section.

(Code 1998, § 20-1701)

In any district, any lot of record at the effective date of the adoption or amendment of this ordinance may be built upon even though such lot fails to meet the minimum requirement for lot area or lot width which are applicable in the district. For the purposes of this ordinance, a lot of record is an individual parcel of land described on a deed or subdivision plan legally recorded with the city clerk for the City of Darien or with the clerk of the superior court of McIntosh County, Georgia. Such lot shall conform to all other requirements, not involving lot area or lot width, for the district in which it is located, unless a variance from such other requirement is obtained from the city council.

(Code 1998, § 20-1702; Ord. of 7-15-2008, § 20-1702)

No building or structure or site improvements such as parking or driveways which is nonconforming with respect to the space and bulk requirements of this ordinance may be expanded, enlarged or increased in height unless such expanded or enlarged or higher portion complies with the space and bulk requirement of this ordinance.

(Code 1998, § 20-1703)

1.

No nonconforming use of land shall be enlarged or increased nor extended to occupy a greater area of land than that occupied at the effective date of the adoption or amendment of this ordinance.

2.

No nonconforming use of land shall be moved in whole or in part to any portion of the lot which was not occupied by such use at the effective date of the adoption or amendment of this ordinance.

3.

If any nonconforming use of land ceases for any reason for a period of more than one year, any subsequent use of such land shall conform to the regulations specified by this ordinance for the district in which such land is located.

(Code 1998, § 20-1704)

1.

No existing structure devoted to a nonconforming use shall be enlarged, extended or expanded except in changing the use of the structure to a conforming use.

2.

Any nonconforming use may be extended throughout any parts of a building which were manifestly in existence and arranged or designed for such use at the time of the adoption or amendment of this ordinance, but no such use shall be extended to occupy any land outside such building,

3.

If a nonconforming use of a structure is superseded by a permitted use, the nonconforming use shall not thereafter be resumed.

4.

If any nonconforming use of a structure ceases for any reason for a period of more than one year, any subsequent use of such structure shall conform to the regulations specified by this ordinance for the district in which such structure is located.

(Code 1998, § 20-1705)

A nonconforming building destroyed to the extent of not more than 50 percent of its replacement value at the time of its destruction by fire, explosion or other casualty or Act of God, or the public enemy, may be restored and the occupancy or use of such building or part thereof which existed at the time of such partial destruction may be continued subject to all other provisions of this chapter. A residence located upon a lot of record if destroyed by any of the above courses shall be permitted to be replaced, provided the setback requirements are met or the size of the structure is not increased more than the original structure as to the ground area.

(Code 1998, § 20-1706)

The foregoing provisions of this chapter concerning the required removal of nonconforming buildings and uses and the reconstruction of nonconforming buildings partially destroyed, shall not apply to public utility buildings and structures when such buildings and structures pertain directly to the rendering of the service or distribution such as power generating plants and electrical distribution substations, water wells and pumps, gas storage, metering and valve control stations. Nor shall anything in this chapter be construed or applied so as to prevent the expansion, modernization or replacement of such public utility buildings, structures, equipment and features as are used directly for the delivery of, or distribution of the service, provided the provisions of this section shall not exempt from the provisions covering nonconformity of such buildings, structures, or uses as do not immediately relate to the direct service by consumers, such as warehouses, storage yards and the like.

(Code 1998, § 20-1707)