9.01.01   Generally

A.

Within the zoning and overlay districts established by this ULDC there may exist lots, structures, or uses of land which were lawfully established before this ULDC was adopted but which do not comply with the requirements set forth in this ULDC.

B.

It is the intent of Section 9.01.00 to allow these nonconformities to continue until they are removed or discontinued. It is further the intent of this section that nonconformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding structures or uses prohibited elsewhere in the same district.

C.

Nonconforming uses are declared to be incompatible with permitted uses in the district where the nonconforming use is located.

D.

A structure damaged or destroyed by any means to an extent of more than fifty (50) percent of its fair market value at time of destruction shall be reconstructed only in conformity with the provisions of this ULDC.

E.

Fair market value, where required, shall be determined by reference to current statutory provisions pertaining to the valuation of real property for ad valorem tax purposes.

F.

A structure that is damaged to an extent less than fifty (50) percent of the fair market value may be restored and occupied as before the damage, provided the following standards are met:

1.

Restoration shall be commenced within six (6) calendar months from the date damages were incurred.

2.

If reconstruction is not commenced within six (6) months, the reconstruction and use of the land or structure shall thereafter conform to the provisions of this ULDC.

G.

A nonconforming structure or a structure containing a nonconforming use that is declared by the County Administrator to be physically unsafe or unlawful due to lack of repairs and maintenance shall not thereafter be restored, repaired, or rebuilt except in conformity with the regulations of the zoning district in which it is located.

9.01.02   Nonconforming Lots of Record

A.

Any lot of record for which a plat or legal description has been legally recorded in the Office of Clerk of Superior Court of Gordon County at the time of adoption of this ULDC and was in compliance with all County zoning regulations at the time of recording but which fails to comply with the dimensional requirements or lot area 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 ULDC, provided that:

1.

The minimum requirements of the district for front, side, and rear yard, open space, height, and floor area shall be complied with.

2.

The lot is approved by the Board of Health for the use of a private waste water system.

B.

No permit for the use of any lot which is substandard in terms of the provisions of this ULDC shall be issued unless said lot was legally and properly recorded prior to the passage of this ULDC. In all cases, construction on any substandard lot of record after the adoption of this ULDC shall be required to meet all requirements of the district in which it is located.

C.

No lot, even though it may consist of one (1) or more adjacent lots of record, shall be reduced in size so that the lot frontage or depth; front, side or rear yard; lot area; or other requirements of this ULDC, are not maintained. This requirement shall not apply when a portion of a lot is required for public purposes.

D.

Permitted modification of setback requirements. When a building is proposed on a lot and when on either or both lots which adjoin such lot at the street right-of-way line there exists a principal building which does not conform to the setback requirements of this ULDC, the required setback for such building shall be as follows:

1.

Where only one (1) said adjoining lot contains a principal building with a nonconforming setback, the setback shall be the computed average of the normal setback requirement and the nonconforming setback, or

2.

Where both adjoining lots contain a principal building each with a nonconforming setback, the minimum setback shall be the computed average of the two (2) nonconforming setbacks.

9.01.03   Nonconforming Structures

A lawfully established structure that becomes nonconforming at the time of adoption of this ULDC may continue subject to the following requirements:

A.

Any existing use of a nonconforming structure may be changed to another use upon the finding by the Director of Planning that the proposed use:

1.

Is similar in its operation and effect on surrounding properties;

2.

Will not generate more automobile or truck traffic, create more noise, vibration, smoke, dust or fumes, is not a more intensive use of structures than the existing use, and is not in any way a greater nuisance to the adjoining properties than the existing; and

3.

Will not have a negative impact on the public health, safety, and welfare.

B.

The nonconforming structure shall not be enlarged.

C.

The structure or portion thereof may be altered to decrease its degree of nonconformity.

D.

If a nonconforming structure is moved for any reason for any distance, it shall be brought into conformance with the site design standards of the zoning district to which it is moved.

E.

When any use of a nonconforming structure is discontinued for a continuous period in excess of twelve (12) months, any future use of the structure is permissible only when the structure has been brought into compliance with the provisions of this ULDC.

9.01.04   Nonconforming Uses

A lawfully established use of structures or open land that becomes nonconforming at the time of adoption of this ULDC may continue subject to the following requirements:

A.

A structure containing a nonconforming use shall not be enlarged, extended, constructed, reconstructed, moved, or structurally altered except to change the use to a use permitted in the zoning district in which it is located.

B.

A nonconforming use of a structure shall not be extended to occupy any land outside the existing structure devoted to the use. Any nonconforming use of a structure may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of this ULDC.

C.

A nonconforming use of a structure or open land which is superseded by a permitted use shall not thereafter be resumed.

D.

A nonconforming use of a structure or structure and open land in combination that is discontinued or abandoned for twelve (12) consecutive months (except when government action impedes access to the premises) shall not be resumed. The structure or open land shall not thereafter be used except in conformity with the regulations of the zoning district in which it is located.

E.

A nonconforming use of open land shall meet the following standards:

1.

There shall be no expansion of the quantity of land devoted to the nonconforming use;

2.

There shall be no expansion of the activity on the land to occupy a greater amount of land within the nonconforming parcel; and

3.

No structure shall be established, installed, erected, or constructed so long as the nonconforming use exists.

9.01.05   Termination of Detrimental Nonconforming Structures and Uses

A.

There are found to be certain uses of land and structures as listed in Sections 9.01.05(B)(1) and (2), which have an adverse effect on the carrying out of the Gordon County Comprehensive Plan. Such uses shall be discontinued after the time periods set out in Sections 9.01.05(B) below, irrespective of the requirements for nonconforming uses set forth in Sections 9.01.01 through 9.01.04 above.

B.

The following uses shall be removed or made conforming within the specified amortization period. Said amortization period shall commence upon the effective date of this ULDC.

1.

Fences, walls, and vegetation which constitute a hazard by virtue of impairing sight distances at a curve or intersection shall be made conforming within ninety (90) days.

2.

Nonconforming open storage operations, including but not limited to activities such as truck parking, automobile wrecking, salvage material storage, and similar uses. Such nonconforming operations shall be made conforming with the site design requirements for fencing or screening, as set forth in Chapter 4 within two (2) years following adoption of this ULDC.

9.01.06   Regulation of Nonconforming Signs

A.

Nonconforming signs

1.

The following provisions shall apply to signs which were conforming immediately prior to the adoption of this ULDC, but which became nonconforming at the time of adoption of this ULDC.

2.

Nonconforming signs may stay in place until one (1) of the following conditions occurs:

a.

The sign deteriorates or is damaged to the extent that it becomes a hazard; or

b.

The sign has been damaged to such an extent that structural repairs are required to restore the sign. A structural repair is any repair necessary only to maintain the stability and safety of the sign.

3.

Nonconforming signs shall be allowed to continue, except as provided in Section 5.04.00, and 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 materials on nonconforming signs shall be permitted.

b.

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

c.

New on-site signs 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.

4.

A nonconforming sign damaged by fire or other causes to the extent of more than fifty (50) percent of its fair market value shall not be repaired or rebuilt except in compliance with the standards for the type and location of sign.

5.

A nonconforming sign damaged by fire or other causes to the extent of more than fifty (50) percent of its fair market value which is not repaired or rebuilt in compliance with this section shall be removed from the lot, along with all associated debris, and disposed of appropriately.

B.

Nonconforming signs along interstate highways shall be governed by state law.

9.01.07   Nuisances

A.

Findings. It is found and declared that in the County there is the existence or occupancy of dwellings or other buildings or structures which are unfit for human habitation or for commercial, industrial or business occupancy or use and are dangerous and injurious to the health, safety and welfare of the people of this county; and that a public necessity exists for the repair, closing or demolition of such dwellings, buildings or structures.

B.

Adoption of state law; designation of public nuisance officer

1.

O.C.G.A. §§ 41-1-1 through 41-2-16 of that title known as "Nuisances" are hereby adopted as the public nuisance ordinance of the County. The O.C.G.A. sections shall be a part of this section as fully as if quoted verbatim herein.

2.

The board designee shall serve as the county public nuisance officer as contemplated by the above-referenced O.C.G.A. sections. Such public nuisance officer shall serve at the pleasure of the Board of Commissioners.

C.

Complaints; investigation; notice of hearing. Whenever a request is filed with the public nuisance officer (hereinafter referred to as "the officer") by a public authority, or by at least five (5) residents of the unincorporated area of the County, charging that any dwelling, building or structure in such area is unfit for human habitation or for commercial, industrial or business use or whenever it appears to the officer (on his own motion) that any dwelling, building or structure is unfit for human habitation or is unfit for its current commercial, industrial or business use or is vacant, dilapidated and being used in connection with the commission of drug crimes, the officer shall, if his preliminary investigation discloses a basis for such charges, issue and cause to be served upon the owner of and any parties in interest in such dwelling, building or structure a complaint stating the charges in that respect and containing a notice that a hearing will be held before the officer (or his designated agent) at a place within the County, fixed not less than ten (10) days nor more than thirty (30) days after the serving of the complaint; that the owner and any parties in interest shall be given the right to file an answer to the complaint and to appear in person or otherwise, and give testimony at the place and time fixed in the complaint; and that the rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the officer.

D.

Determination after hearing; issuance of order. If after notice and hearing pursuant to this section the officer determines that the dwelling, building or structure under consideration is unfit for human habitation or is unfit for its current commercial, industrial or business use or is vacant, dilapidated and being used in connection with the commission of drug crimes, he shall state in writing his findings of fact in support of such determination and shall issue and cause to be served upon the owner thereof an order:

1.

If the repair, alteration or improvement of the dwelling, building or structure can be made at a reasonable cost in relation to the value of the dwelling, building or structure, requiring the owner or parties in interest, within the time specified in the order, to repair, alter or improve such dwelling, building or structure so as to render it fit for human habitation or for current commercial, industrial or business use or to vacate and close the dwelling, building or structure as a human habitation; or

2.

If the repair, alteration or improvement of the dwelling, building or structure cannot be made at a reasonable cost in relation to the value of the dwelling, building or structure, requiring the owner or parties in interest, within the time specified in the order, to remove or demolish such dwelling, building or structure.

E.

Basis for requiring removal, demolition of nuisance structure. In no event shall the Board of Commissioners require the removal or demolition of any dwelling, building or structure except upon a finding that the cost of repair, alteration or improvement thereof exceeds fifty (50) percent of the value of such dwelling, building or structure will have when repaired to satisfy the minimum requirements of this section.

F.

Failure of owner to comply with order; duties of officer, placarding of structure. If the owner or parties in interest fail to comply with an order issued under this section to vacate and close or demolish the nuisance dwelling, building or structure, the officer may cause such dwelling, building or structure to be repaired, altered or improved or to be vacated and closed or demolished; and the officer may cause to be posted on the main entrance of any building, dwelling or structure so closed a placard with the following words: "This building is unfit for human habitation or commercial, industrial or business use; the use or occupation of this building for human habitation or for commercial, industrial or business use is prohibited and unlawful."

G.

Ordinance authorizing abatement action. If the owner fails to comply with any order to remove or demolish the dwelling, building or structure, the officer may cause such dwelling, building or structure to be removed or demolished; provided, however, that the duties of the officer set forth in this ULDC and in O.C.G.A. § 41-2-9(b)(4) and (5) shall not be exercised until the Board of Commissioners has by ordinance ordered the officer to proceed to effectuate the purpose of O.C.G.A. §§ 41-2-7 through 41-2-17 with respect to the particular property or properties which the officer has found to be unfit for human habitation or unfit for its current commercial, industrial or business use, which property or properties shall be described in the ordinance.

H.

Creation of lien; sale of property, use of funds

1.

The amount of the cost of vacating and closing or removal or demolition by the officer pursuant to this section shall be a lien against the real property upon which such cost was incurred.

2.

The lien shall attach to the real property upon the payment of all costs of demolition by the County and the filing of an itemized statement of the total sum of the costs by the officer in the office of the clerk of the superior court for the County and in the office of the clerk of the Board of Commissioners on a lien docket maintained by the clerks for such purposes.

3.

If the dwelling, building or structure is removed or demolished by the officer he shall sell the materials of such dwellings, buildings or structures and shall credit the proceeds of such sale against the cost of the removal or demolition and any balance remaining shall be deposited in the superior court by the officer, shall be secured in such manner as may be directed by such court, and shall be disbursed by such court to the persons found to be entitled thereto by final order or decree of such court.

I.

Enforcement of collection of amount due. The Board of Commissioners may enforce the collection of any amount due on a lien for removal or demolition of dwellings, buildings or structures only in the following manner:

1.

The owner or parties at interest shall be allowed to satisfy the amount due on such lien by paying to the County, within thirty (30) days after the perfection of the lien, a sum of money equal to twenty-five (25) percent of the total amount due and by further paying to the County the remaining balance due on such lien, together with interest at the rate of seven (7) percent per annum, in three (3) equal annual payments, each of which shall become due and payable on the anniversary date of the initial payment made as hereinabove prescribed.

2.

Should the property upon which such lien is perfected be sold, transferred or conveyed by the owner or parties at interest at any time prior to the termination of the three-year period, the entire balance due on such lien shall be due and payable to the County.

3.

Should the amount due on such lien or any portion thereof be unpaid after the passage of the three-year period, or upon the occurrence of the contingency provided for in subsection (2) above, the County may enforce the collection of any amount due on such lien for alteration, repair, removal or demolition of dwellings, buildings or structures in the same manner as provided in O.C.G.A. § 48-5-358 and other applicable state statutes. This procedure shall be subject to the right of redemption by any person having any right, title or interest in or lien upon the property, all as provided by Article 3 (§ 48-4-40 et seq.) of Chapter 4 of O.C.G.A. Tit. 48.

J.

Physical conditions constituting nuisance. The officer may determine that a dwelling, building or structure is unfit for human habitation or is unfit for its current commercial, industrial or business use if he finds that conditions exist in such building, dwelling or structure which are dangerous or injurious to the health, safety or morals of the occupants of such dwelling, building or structure; of the occupants of neighborhood dwellings, buildings or structures; or of other residents of the County. Such conditions may include the following (without limiting the generality of the foregoing):

1.

Defects therein increasing the hazards of fire, accidents or other calamities;

2.

Lack of adequate ventilation, light or sanitary facilities;

3.

Dilapidation;

4.

Disrepair;

5.

Structural defects; and

6.

Uncleanliness.

K.

Use of structure in connection with drug crimes deemed nuisance. The officer may determine, under existing ordinances, that a dwelling, building or structure is vacant, dilapidated and being used in connection with the commission of drug crimes upon personal observation or report of a law enforcement agency and evidence of drug crimes being committed.

L.

Powers of officer. The officer shall have all powers of investigation, examination, appointment and delegation, etc., as set out in O.C.G.A. § 41-2-11.

M.

Enforcement. The County ordinance officer shall be authorized, empowered, and directed to enforce compliance with all provisions of this section in the unincorporated areas of the County, and on or in County-owned or operated facilities or property, in accordance with all applicable laws of the state.

9.02.01   Procedures for Variances

A.

Purpose

1.

To authorize upon application a variance from the terms of this ULDC, but only where by reason of exceptional narrowness, shallowness or shape of a specific piece of property, which, at the time of adoption of this ULDC was a lot or plat of record.

2.

Where, by reason of exceptional topographic conditions or other extraordinary or exceptional conditions of a piece of property.

3.

Where by reason of other extraordinary or exceptional circumstances the strict application of the requirements of this ULDC would result in practical difficulties to, or undue hardship upon, the owner of this property, provided that this relief may be granted without substantially impairing the intent and purpose of this ULDC.

4.

In granting a variance, the Planning Commission may attach such conditions regarding the location, character and other features of the proposed building, structure or use as it may deem advisable so that the purpose of this ULDC will be served, public safety and welfare secured and substantial justice done.

5.

However, the Planning Commission shall not be authorized to grant a density variance or a use variance to permit a use in a district in which the use is prohibited.

6.

In determining whether to grant a variance, the Planning Commission shall consider, along with other relevant facts, the following:

a.

There are extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its size, shape or topography.

b.

The application of this ULDC to this particular piece of property would create an unnecessary hardship.

c.

Such conditions are peculiar to the particular piece of property involved.

d.

Relief, if granted, would not cause substantial detriment to the public good or impair the purposes and intent of this ULDC, provided, however, that no variance may be granted for a use of land or building or structure that is prohibited by this ULDC.

9.02.02   Building Code Variances

A.

The Board of Commissioners or the Board of Zoning Appeals as established by the Board of Commissioners shall hear and decide all appeals and requests for variances from the requirements of this section.

B.

The Board of Commissioners or the Board of Zoning Appeals shall hear and decide appeals when it is alleged there is an error in any requirement, decision or determination made by the County Administrator in the enforcement or administration of this section.

C.

Any person aggrieved by the decision of the Board of Commissioners or the Board of Zoning Appeals or any taxpayer may appeal such decision to the superior court of the county as provided by statute.

D.

Variances may be issued for the repair or rehabilitation of historic structures (as specifically defined) upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum to preserve the historic character and design of the structure.

E.

In passing upon such applications, the Board of Commissioners or the Board of Zoning Appeals shall consider all technical evaluations, all relevant factors, all standards specified in other sections of this section and:

1.

The danger that materials may be swept onto other lands to the injury of others;

2.

The danger to life and property due to flooding or erosion damage;

3.

The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

4.

The importance of the services provided by the proposed facility to the community;

5.

The necessity to the facility of a waterfront location, in the case of a functionally dependent facility;

6.

The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use;

7.

The compatibility of the proposed use with existing and anticipated development;

8.

The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;

9.

The safety of access to the property in times of flood for ordinary and emergency vehicles;

10.

The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and

11.

The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, and streets and bridges.

F.

Upon consideration of the factors listed above and the purposes of this section, the Board of Commissioners or the Board of Zoning Appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this section.

G.

Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

H.

Conditions for variances:

1.

Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief and, in the instance of a historical building, a determination that the variance is the minimum necessary so as not to destroy the historic character and design of the building.

2.

Variances shall only be issued upon:

a.

A showing of good and sufficient cause;

b.

A determination that failure to grant the variance would result in exceptional hardship; and

c.

A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisance, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.

3.

Any applicant to whom a variance is granted shall be given written notice specifying the difference between the base flood elevation and the elevation to which the building is to be built and stating that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.

4.

The County Administrator shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency upon request.

9.02.03   Exceptions and Modifications

A.

Lots of record

1.

Single lots: Any lot of record for which a plat or legal description has been legally recorded in the Office of Clerk of Superior Court of Gordon County at the time of adoption of this ULDC and was in compliance with all County zoning regulations at the time of recording but which fails to comply with the dimensional requirements or lot area requirements for the district in which it is located may be used as a building site for a single-family residence in a district where residences are permitted.

2.

Adjoining lots: If two (2) or more adjoining lots with continuous frontage are in a single ownership at any time after the adoption of this chapter and such lots individually are too small to meet the yard, width, and area requirements of the district in which they are located, such groups of lots shall be considered as a single lot or several lots of minimum permitted size and the lot or lots in one (1) ownership shall be subject to the requirements of this chapter.

B.

Setbacks for dwellings

1.

The setback requirements of this chapter for dwellings shall not apply to any lot where the average existing building setback line on lots located wholly or in part within one hundred (100) feet on each side of such lot, within the same block and zoning district, and fronting on the same side of the street as such lot, is less than the minimum setback required.

2.

In such cases, the setback on such lots may be less than the required setback, but not less than the average of the existing setbacks on the aforementioned lots, and in no case less than ten (10) feet from the street right-of-way.

C.

Height limits. The height limitations of this chapter shall not apply to church spires, belfries, cupolas and domes not intended for human occupancy; monuments, water towers, observation towers, transmission towers, chimneys, smokestacks, conveyors, flag poles, radio towers, television towers, masts, aerials, and similar structures.

D.

Group projects. A group project (two (2) or more commercial, industrial, educational, medical, religious, or civic buildings to be constructed on a plot of land two (2) acres, or more, such plot not to be subdivided) may be constructed provided:

1.

Such uses are limited to those permitted within the district in which the project is located;

2.

The overall density of land use is no higher, and the standard of open space is no lower than that permitted in the district in which the project is located;

3.

The distance of every building from the nearest property line shall meet the front yard setback and side yard requirements of the district in which the project is located;

4.

The building heights do not exceed the height limits permitted in the district in which the project is located.

(Res. of 12-20-11)

9.03.01   Authority and Limitations

The County Administrator is authorized to reduce specific site design and development standards of this ULDC where the intent of the ULDC can be achieved and equal performance obtained by granting a waiver of standards. The authority to grant a waiver shall be limited to the following:

A.

A reduction in the minimum front, side, or rear yard setbacks for a single lot, provided the following standards are met:

1.

The reduction is necessary in order to implement landscaping, buffer, and tree protection standards of this ULDC; and

2.

The reduction is limited to a maximum of twenty (20) percent of the minimum standard.

B.

A reduction in the parking requirement, provided the following standards are met:

1.

The reduction is necessary in order to implement landscaping, buffer, and tree protection standards of this ULDC; and

2.

The reduction is limited to either one (1) space or ten (10) percent of the parking requirement, whichever is more; and

3.

The reduction does not limit the availability or location of required handicapped parking.

C.

A reduction in landscaping or buffer requirements, provided the following standards are met:

1.

The reduction is necessary due to particular physical conditions of the property, such as the shape of the lot, topography, presence of bodies of water, or other natural features;

2.

The reduction is limited to twenty (20) percent of the otherwise required width of the buffer; and

3.

The reduction is limited to twenty (20) percent of the otherwise required plant materials.

(Res. of 12-20-11)

9.03.02   Annual Report Required

An annual report shall be prepared by the County Administrator and shall summarize the number and type of administrative waivers granted in the previous year. Such reports shall be prepared in January of each year for the previous calendar year. Annual reports shall be presented to the Planning Commission for review and comment. Annual reports, together with recommendations from the Planning Commission, if any, shall be forwarded to the Board of Commissioners.