The purpose of this article is to provide for the continuation and, within a suitable period of time, elimination of existing uses of property that do not conform to the requirements of this ordinance upon its adoption or subsequent amendment.

Any structure or use of land existing at time of enactment or subsequent amendment of this zoning ordinance, but not in conformity with its use provisions, may be continued with the following limitations:

a.

A nonconforming use may not be changed to another nonconforming use.

b.

A nonconforming use may not be reestablished after discontinuance of that use for one year.

c.

A nonconforming use or structure may not be enlarged beyond its size at the time the use or structure becomes nonconforming. This includes, but is not limited to, the size of the building, the number of employees, operation during other hours of the day or night, the use of additional land, and additional or more powerful equipment.

d.

A nonconforming structure may not be rebuilt, altered, repaired or replaced after incurring damages exceeding 75 percent of the fair market value of the structure at the time immediately preceding such damage occurring. A nonconforming mobile home may not be replaced after it is removed from the property.

13.2-1.

The Ellijay City Council may grant the change, reestablishment or enlargement of a nonconforming use or the enlargement, rebuilding, alteration, repair or replacement of a nonconforming structure upon the following findings:

a.

The change, reestablishment, enlargement, rebuilding, alteration, repair or replacement would be no more detrimental to the surrounding area than the existing or previous use;

b.

The structure cannot be economically modified so as to be suitable for uses in the district;

c.

The structure would have to be removed to permit development of the property for conforming uses;

d.

The structure has such value that removal to permit development of the conforming uses would cause economic hardship to the owner;

e.

The proposed change, reestablishment, enlargement, rebuilding, alteration, replacement or repair would not cause substantial detriment to the public good or impair the purposes and intent of this zoning ordinance; and

f.

The requirements of the zoning ordinance for rezoning would prevent the current zoning from being changed to a classification that would allow the proposed change, reestablishment, enlargement, rebuilding, alteration, repair or replacement.

13.2-2.

Applications submitted to the Ellijay City Council requesting the change, reestablishment, enlargement, rebuilding, alteration, repair or replacement of a nonconforming use structure shall include the following information:

a.

The applicant shall bear the burden of providing conclusive evidence to the city council that the use or structure is legally nonconforming. The evidence may include, but is not limited to, business licenses, tax receipts, utility bills, telephone bills, IRS documents and affidavits.

b.

The applicant shall submit a plat or an accurate site plan, drawn to scale, showing the dimensions of the lot, size and location of all structures and their distance from all property lines, the names of all streets which the property abuts, and parking spaces.

c.

If the request is for a commercial use or structure, a written description shall be submitted to describe the business. This description shall include hours of operation, number of employees, equipment used, products made or sold, type of signs, and other information as needed for the city council to reach a decision.

d.

The applicant shall provide evidence to the city council on how the proposed change, reestablishment, enlargement, rebuilding, alteration, repair or replacement will comply with the current zoning, health and building requirements.

13.2-3.

If the requested change, reestablishment, enlargement, rebuilding, alteration, repair or replacement is approved, the Ellijay City Council may place conditions on the approval to ensure protection of the surrounding area. The applicant is responsible for conformance with these conditions.