NON-CONFORMING USES
In order to avoid individual hardship whenever reasonable and not in conflict with the general welfare of the City, and for purposes herein outlined, the following provisions apply to all zoning districts.
Any lots for which a plat or legal description has been recorded in Coweta County Clerk of Superior Court prior to the adoption 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:
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Minimum requirements of the district for front, side and rear yard, height and floor area shall be complied with.
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A lot to be used for duplexes, multi-family dwellings, residential group development projects, or manufactured homes, when allowed within the district, only if the lot meets the minimum lot area requirements for those uses in the district.
The lawful use of any building or lot existing at the time of the enactment of this ordinance may be continued although such use does not conform to the provisions of this ordinance. In addition the following regulations apply to non-conforming uses:
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When a non-conforming use of land has been changed to a conforming use, it shall not thereafter be used for any other non-conforming use.
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Non-conforming uses of land shall not be changed to any but conforming uses.
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A non-conforming use of land shall not be enlarged to cover more land than was occupied by that use when it became non-conforming.
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When any non-conforming use of land is discontinued for a period in excess of six (6) 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 non-use of the land, regardless of the intent of the owner or tenant, shall constitute discontinuance under this provision.
Non-conforming uses of structures consist 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, non-conforming uses of structures shall be governed by the following restrictions:
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An existing non-conforming use of a structure shall only be changed to a conforming use.
•
An existing non-conforming use of a structure shall not be changed to another non-conforming use.
•
A non-conforming use of a structure shall not be extended or enlarged except into portions of the structure which at the time the use became non-conforming were already erected and arranged or designed for such non-conforming use. No structural alterations shall be made in any structure occupied by a non-conforming use, which would in any way increase the floor space, area, or volume of space occupied by the use.
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When any non-conforming use of a structure is discontinued for a period in excess of six 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 non-use of the building, regardless of the intent of the owner or tenant, shall constitute discontinuance under this provision.
When a non-conforming structure or a structure containing a non-conforming use is razed or damaged by fire, flood, wind, or act of God, such structure may be reconstructed as a non-conforming use only if the damage totals less than fifty (50) percent of the value of the structure. If the non-conforming structure is damaged more than fifty (50) percent the structure may be rebuilt only if it conforms to the zoning ordinance as adopted. Non-conforming, structures which do not conform to the yard requirements and have not received variance from the City shall also be governed by this provision.
Nothing in this Ordinance shall prevent the restoration of any structure or use to a safe or sanitary condition, nor shall the ordinance prevent regular maintenance of any non-conforming use or structure.
Whenever a nonconforming use has been discontinued for a period of six months, such use shall cease and any further use shall be in conformity with the provisions of this ordinance.
Any non-conformance created by a change in district boundaries or ordinance regulations after the date of passage of this ordinance shall also be governed by the provisions of this section.
NON-CONFORMING USES
In order to avoid individual hardship whenever reasonable and not in conflict with the general welfare of the City, and for purposes herein outlined, the following provisions apply to all zoning districts.
Any lots for which a plat or legal description has been recorded in Coweta County Clerk of Superior Court prior to the adoption 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:
•
Minimum requirements of the district for front, side and rear yard, height and floor area shall be complied with.
•
A lot to be used for duplexes, multi-family dwellings, residential group development projects, or manufactured homes, when allowed within the district, only if the lot meets the minimum lot area requirements for those uses in the district.
The lawful use of any building or lot existing at the time of the enactment of this ordinance may be continued although such use does not conform to the provisions of this ordinance. In addition the following regulations apply to non-conforming uses:
•
When a non-conforming use of land has been changed to a conforming use, it shall not thereafter be used for any other non-conforming use.
•
Non-conforming uses of land shall not be changed to any but conforming uses.
•
A non-conforming use of land shall not be enlarged to cover more land than was occupied by that use when it became non-conforming.
•
When any non-conforming use of land is discontinued for a period in excess of six (6) 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 non-use of the land, regardless of the intent of the owner or tenant, shall constitute discontinuance under this provision.
Non-conforming uses of structures consist 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, non-conforming uses of structures shall be governed by the following restrictions:
•
An existing non-conforming use of a structure shall only be changed to a conforming use.
•
An existing non-conforming use of a structure shall not be changed to another non-conforming use.
•
A non-conforming use of a structure shall not be extended or enlarged except into portions of the structure which at the time the use became non-conforming were already erected and arranged or designed for such non-conforming use. No structural alterations shall be made in any structure occupied by a non-conforming use, which would in any way increase the floor space, area, or volume of space occupied by the use.
•
When any non-conforming use of a structure is discontinued for a period in excess of six 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 non-use of the building, regardless of the intent of the owner or tenant, shall constitute discontinuance under this provision.
When a non-conforming structure or a structure containing a non-conforming use is razed or damaged by fire, flood, wind, or act of God, such structure may be reconstructed as a non-conforming use only if the damage totals less than fifty (50) percent of the value of the structure. If the non-conforming structure is damaged more than fifty (50) percent the structure may be rebuilt only if it conforms to the zoning ordinance as adopted. Non-conforming, structures which do not conform to the yard requirements and have not received variance from the City shall also be governed by this provision.
Nothing in this Ordinance shall prevent the restoration of any structure or use to a safe or sanitary condition, nor shall the ordinance prevent regular maintenance of any non-conforming use or structure.
Whenever a nonconforming use has been discontinued for a period of six months, such use shall cease and any further use shall be in conformity with the provisions of this ordinance.
Any non-conformance created by a change in district boundaries or ordinance regulations after the date of passage of this ordinance shall also be governed by the provisions of this section.