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:

1.

A nonconforming use may not be changed to another nonconforming use or moved from one location to another.

2.

A nonconforming use or structure may not be re-established after discontinuance of that use for one year. A nonconforming use may not be resumed regardless of any reservation of any intent not to abandon.

3.

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

4.

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 be replaced after it is removed from the property with a manufactured housing unit that is in compliance with the standards set forth in Article 8 as long as such replacement occurs within 12 months of removal. After any period longer than 12 months, a nonconforming mobile home cannot be replaced after it is removed from the property regardless of any reservation of any intent to abandon.

The County Commission may grant the change, re-establishment, or enlargement of a nonconforming use or the enlargement, rebuilding, alteration, repair, or replacement of a nonconforming structure upon the following findings:

1.

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

2.

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

3.

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

4.

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

5.

The proposed change, re-establishment, 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.

6.

The requirements of the Zoning Ordinance for reasoning would prevent the current zoning from being changed to a classification that would allow the proposed change, re-establishment, enlargement, rebuilding, alteration, repair, or replacement.

Applications submitted to the County Commission requesting the change, re-establishment, enlargement, rebuilding, alteration, repair, or replacement of a nonconforming use structure shall include the following information:

1.

The applicant shall bear the burden of providing conclusive evidence to the County Commission 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.

2.

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.

3.

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, umber of employees, equipment used, products made or sold, type of signs, and other information as needed for the County Commission to reach a decision.

4.

The applicant shall provide evidence to the County Commission on how the proposed change, re-establishment, enlargement, rebuilding, alteration, repair, or replacement will comply with the current zoning, health, and building requirements.

If the requested change, re-establishment, enlargement, rebuilding, alteration, repair or replacement is approved, the County Commission may place conditions on the approval to ensure protection of the surrounding area. The applicant is responsible for conformance with these conditions.

The applicant, staff, Planning Commission and Board of Commissioners should review applications for conditional uses with regard to the following criteria, in addition to other standards and criteria set forth in this section:

1.

Off-street parking and loading facilities are adequate in terms of location, amount and design to serve the use.

2.

The amount and location of open space and the provisions of screening is such that buffering of incompatible uses is achieved.

3.

Ingress and egress to the property is suitable and safe, and the effects of the proposed activity on traffic flow along adjoining streets is not adverse.

4.

Public facilities and utilities are capable of adequately serving the proposed use.

5.

The proposed use will not have a significant adverse effect on the level of property values or the general character of adjacent land uses or the general area.

6.

The type, height, size, or location of the buildings or other structures on the property should be compatible with the type, height, size or location of buildings or other structures on neighboring properties.

7.

The physical conditions of the site, including size, shape, topography and drainage, are suitable for the proposed development.

8.

The proposed structure meets all size, building code, health and safety, and environmental code requirements of the Unified Government of Georgetown-Quitman County.

9.

The proposed use is consistent with the goals, objectives and intent of the Comprehensive Plan of the Unified Government of Georgetown-Quitman County, Subdivision Regulations of the Unified Government of Georgetown-Quitman County, and the Unified Government of Georgetown-Quitman County Code of Ordinances and the Unified Government of Georgetown-Quitman County Zoning Ordinance. The staff, Planning Commission and Board of Commissioners may consider other factors, deemed relevant before formulating recommendations and taking action on a particular conditional use application.

(Ord. No. 04-2016, 11-7-16)