(a)

Development. A nonconforming lot, as defined, may be used as a building site, or a lawful use may be established thereupon, provided that the access, height, buffer, setback, and other dimensional requirements of the zoning district in which the nonconforming lot is located are complied with or a variance is obtained, and, provided further, that the lot meets all the current standards and requirements of the Hall County Environmental Health Department unless connected to sanitary sewer.

(b)

Example. For example, a lot that does not the minimum lot size or minimum lot width for the zoning district in which it is located can still be built upon, but the minimum required zoning setbacks still apply. The variance process is a possible remedy, if this creates hardship.

(Ord. No. 348-17, § 1(Exh. A), 8-2-2018)

(a)

Expansion. A nonconforming building or structure, as defined, may not be expanded, enlarged, or extended

(b)

Replacement or Repair After Damage. Any portion of a building that meets the definition of a nonconforming building may not be rebuilt, altered, or repaired if damage exceeding fifty (50) percent of the structure occurs as determined by the Zoning Administrator. If damage does not reach the fifty (50) percent mark the structure may be rebuilt to its former state.

(c)

Signs. Regulations for nonconforming signs are provided in Article 24 of this Zoning Ordinance.

(Ord. No. 348-17, § 1(Exh. A), 8-2-2018)

(a)

Owner Responsibilities. When questions arise as to whether a use constitutes a nonconforming use, it shall be the responsibility of the owner of a nonconforming use to prove to the Zoning Administrator that such use was lawfully established and existed on the effective date of adoption or amendment of this Zoning Ordinance.

(b)

Continuation. A nonconforming use may be continued except as otherwise provided in this Chapter. .

(c)

Discontinuance. A nonconforming use shall not be re-established after discontinuance, as defined, for a period exceeding ninety (90) days.

(d)

Abandonment. A nonconforming use shall not be re-established after abandonment, as defined.

(e)

Change of Use. A nonconforming use shall not be changed to another nonconforming use.

(f)

Expansion. A nonconforming use shall not be expanded, enlarged or extended, in land area or in floor space or volume of space in a building or structure.

(g)

Damage and Repair or Reestablishment. A nonconforming Abuilding containing a nonconforming use shall not be rebuilt, altered, or repaired after destruction or damage exceeding fifty (50) percent of the building occurs.

(Ord. No. 348-17, § 1(Exh. A), 8-2-2018)

(a)

Intent. It is the intent of this Section to require the complete correction of nonconforming situations at the time of any building addition or significant modification of a use or development on a given parcel of land, if such nonconforming situation can physically be made to comply with the requirements of this Zoning Ordinance. It is the intent of this Section to require the reduction in the extent of nonconforming situations at the time of any building addition or significant modification of a use or development on a given parcel of land, if such nonconforming situation cannot be physically made to comply entirely with the requirements of this Zoning Ordinance. It is the intent of this Section to provide authority to the Zoning Administrator to administer the provisions of this Section in a manner that meets these intentions, and that the Zoning Administrator shall exercise that authority, subject to more specific guidance as provided in this Section.

(b)

Definition. For purposes of this Section, "nonconforming situation" shall mean any development, land improvement, or activity, not otherwise included within the definition of nonconforming lot, nonconforming building or structure, or nonconforming use, which does not meet the provisions of this Zoning Ordinance at the time of its adoption or amendment.

(c)

Determination of Nonconforming Situations. For any proposed building or development, or modification of a building or development, it shall be the duty of the Zoning Administrator to identify the extent to which the improvements on land on which the building or development is proposed constitutes a nonconforming situation, as defined in this Section. The Zoning Administrator shall conduct a review and identify such nonconforming situation(s) at the time plans for such proposed building or development are submitted for review, and at any earlier opportunity, if presented. In the event that one or more nonconforming situations are found to exist by the Zoning Administrator, they shall be documented and notice of the need to correct or reduce said nonconforming situations shall be provided by the Zoning Administrator to the building or development applicant.

(Ord. No. 348-17, § 1(Exh. A), 8-2-2018)

In determining the need to completely correct or reduce the noncompliance of nonconforming situations, the Zoning Administrator shall be guided by the following standards:

(a)

Strict Compliance. A standard of "strict compliance" (complete correction of all nonconforming situations) shall be applied by the Zoning Administrator where physical standards can clearly be made in the subject development proposal without significant alteration of the development as proposed.

(b)

Proportionality. Whenever something less than strict compliance is authorized by the Zoning Administrator, in determining the amount or extent of compliance required, he shall apply a standard of "proportionality," meaning that the scope, scale, extent and cost of requirements to correct nonconforming situations are more or less the same as the scope, scale, extent and cost of the improvement or development proposed.

(Ord. No. 348-17, § 1(Exh. A), 8-2-2018)