Any lot for which a plat or legal description has been recorded in the Office of the Clerk of Superior Court of Ben Hill County (or Irwin County prior to 1907) at the time of passage of this ordinance which fails to comply with the dimensional requirements for the district in which it is located may, if vacant, be used for any of the uses permitted within the district by this ordinance, or if occupied by a structure containing a conforming use, may have the structure improved, enlarged, or extended; provided that in either case:

a.

Minimum requirements of the district for front, side, and rear yard, height, and floor area shall be complied with.

b.

A lot to be used for duplexes, triplexes, multifamily dwellings, residential group development projects, or mobile homes, when allowed within the district, only if the lot meets the minimum lot area requirements for those uses in the district.

Nonconforming uses consisting of lots, including such uses as, but not limited to storage yards, placement of mobile or manufactured homes on lots not zoned for the same, used car lots, auto wrecking, junk yards, golf driving ranges, miniature golf, mobile home parks and other similar open uses, where the only buildings on the lot are incidental and accessory to the use of the lot, and where such use of the land is not permitted to be established hereafter under this ordinance in the district in which it is located, shall be governed by the following restrictions in addition to the other requirements in this ordinance:

a.

When a nonconforming use of land has been changed to a conforming use, it shall not thereafter be used for any nonconforming use.

b.

Nonconforming uses of land shall not be changed to any but conforming uses.

c.

A nonconforming use of land shall not be enlarged to cover more land than was occupied by that use when it became nonconforming.

d.

When any nonconforming use of land is discontinued for a period in excess of twelve (12) months, any future use of the land shall be limited to those uses permitted in that district under the provisions of this ordinance. Vacancy and/or nonuse of the land, regardless of the intent of the owner or tenant, shall constitute discontinuance under this provision. This shall include the replacement of an existing mobile or manufactured home unit.

(Ord. No. 23-1608, § 1, 10-9-23)

Nonconforming uses consists of structures used, at the time of passage of this ordinance, for purposes not permitted in the district in which they are located. In addition to the other requirements of this ordinance, nonconforming uses of structures shall be governed by the following restrictions:

a.

An existing nonconforming use of a structure shall not be changed to another nonconforming use that generates more automobile or truck traffic, creates more noise, vibration, smoke, dust or fumes, is a more intensive use of structures than the existing nonconforming use, or is in any way a greater nuisance to the adjoining properties than the existing nonconforming use.

b.

A nonconforming use of a structure shall not be extended or enlarged except into portions of the structure which at the time the use became nonconforming were already erected and arranged or designed for such nonconforming use. No structural alterations shall be made in any structure occupied by a nonconforming use, which would in any way increase the floor space, area, or volume of space occupied by the use.

c.

When any nonconforming use of a structure is discontinued for a period in excess of one (1) twelve (12) months, any future use of the structure shall be limited to those uses permitted in that district under the provisions of this ordinance. Vacancy and/or nonuse of the building, regardless of the intent of the owner or tenant, shall constitute discontinuance under this provision. A passive use such as storage shall not be sufficient in and of itself to constitute a continuance of a nonconforming use. This shall specifically include the usage of nonconforming mobile or manufactured homes.

(Ord. No. 23-1608, § 2, 10-9-23)

Nonconforming signs shall be allowed to continue except as provided in section 10-2.1, 10-3, and 10-6 as follows:

a.

A nonconforming sign shall not be replaced by another nonconforming sign except that the substitution or interchange of poster panels, painted boards, or demountable material on nonconforming signs shall be permitted.

b.

Minor repairs and maintenance of nonconforming signs such as repainting, electrical repairs, and neon tubing repairs shall be permitted. However, no structural repairs or changes in the size or shape of a nonconforming sign shall be permitted except to make the sign comply with the requirements of this ordinance.

c.

New point of business sign related to legally established nonconforming uses may be erected provided they comply with the sign regulations applicable to the use in the most restrictive district in which the use is permitted.

When a nonconforming structure or a structure containing a nonconforming use or nonconforming sign is razed or damaged by fire, flood, wind, or act of God, such structure or sign may be reconstructed as a nonconforming use only if the damage totals less than fifty (50) percent of the value of the structure. Structures which do not conform to the yard requirements of this ordinance shall also be governed by this provision.

Any nonconformances created by a change in district boundaries or ordinance requirements after the date of passage of this ordinance shall also be governed by the provisions of this section.