Fulton City Zoning Code
ARTICLE VII
Nonconforming Uses
§ 640-37 Continuation.
Any nonconforming use, building or structure which existed lawfully at the time of enactment of this chapter may be continued, subject to the regulations which follow in this article.
§ 640-38 Use of land.
The nonconforming use of land shall not be enlarged or extended beyond the area of land occupied by such use at the time of the adoption of this chapter. A nonconforming use of land may not be moved in whole or in part to any other portion of the lot or parcel of land occupied by such nonconforming use at the time of adoption of this chapter. A nonconforming use of land shall not be changed to another nonconforming use. If a nonconforming use of land is discontinued for a period of 12 consecutive months, it shall not be renewed, and any subsequent use of the land shall conform to the regulations of the district in which the land is located. All nonconforming uses of land shall be discontinued within two years after the effective date of this chapter, and any subsequent use of the land shall conform to the regulations of the district in which the land is located.
§ 640-39 Use of buildings.
A.
Additions and alterations. No additions or structural alterations shall be made to any building nonconforming as to use, unless such additions or alterations are required by direction of a federal, state or municipal authority or unless such nonconforming building and the use thereof is made to conform to all regulations of the district in which it is located, except that one addition to a building nonconforming as to use may be made which does not exceed 25% of the full assessed value of the building alone, valued at the time of the proposed addition.
B.
Repairs. Maintenance and repairs as are required to keep a nonconforming building in sound condition shall be permitted.
C.
Changes. A nonconforming use of a building may not be changed except to a conforming use. When so changed, the nonconforming use may not be resumed thereafter. However, with approval from the Zoning Board of Appeals, a nonconforming use of a building may be changed to another nonconforming use which is more nearly conforming to the nature, harmony and character of the district.
D.
Discontinuance. A nonconforming use of a building or structure or any portion thereof which is discontinued shall not be reestablished, and any subsequent use shall conform to the use regulations of the district in which the premises are located. A use shall be deemed to have been discontinued under any of the following conditions:
(1)
Vacancy of a nonconforming use of a building or discontinuance of a nonconforming use for a period of 12 consecutive months. Exception: a structure originally designed and built as a two-family residence and which has been determined by the Bureau of Code Enforcement to be as such.
(2)
Manifestation of a clear intent on the part of the owner to abandon the nonconforming use.
(3)
Failure to rebuild within 12 months after it has been damaged by fire, flood or earthquake or other natural occurrences.
(4)
Destruction of the building in excess of 50% based upon its full value assessment.
E.
Extension. A nonconforming use may not be extended to any part of such building.
F.
Removal. If any building in which any nonconforming use is conducted is hereafter removed, the subsequent use of the land on which such building was located and the subsequent use of any building erected thereon shall conform with the regulations of the district.
G.
Validity of permit. Any building for which a permit has been lawfully granted and on which the construction has been started and diligently prosecuted before the effective date of this chapter may be completed.