Any lots for which a plat or legal description has been recorded in the county clerk of superior court prior to the adoption of the ordinance from which this article is derived which fails to comply with the dimensional requirements for the district in which it is located may, if vacant, may be used for any of the uses permitted within the district by this article, or if occupied by a structure containing a conforming use, may have the structure improved, enlarged or extended; provided that in either case:

(1)

Minimum requirements of the district for front, side and rear yard, height and floor area shall be complied with.

(2)

A lot to be used for duplexes, multifamily dwellings, residential group development projects, or manufactured homes, when allowed within the district, only if the lot meets the minimum lot area requirements or those uses in the district.

(Ord. No. 80-100, § 14.1, 1-12-1999)

Nonconforming uses of land consists of the open use of property (including such uses but not limited to storage yards, used car lots, auto wrecking-yards, junkyards, golf driving ranges, miniature golf, manufactured housing parks and similar open uses) where the only buildings on the lot are incidental and accessory to the use of the lot and where such use of the land is not permitted to be established hereafter under this article in the district in which it is located, shall be governed by the following restrictions in addition to the other requirements in this chapter:

(1)

When a nonconforming use of land has been changed to a conforming use, it shall not thereafter be used for any other nonconforming use.

(2)

Nonconforming uses of land shall not be changed to any but conforming uses.

(3)

A nonconforming use of land shall not be enlarged to cover more land than was occupied by that use when it became nonconforming.

(4)

When any nonconforming use of land is discontinued for a period in excess of six months, any future use of the land shall be limited to those uses permitted in that district under the provisions of this article. Vacancy and/or nonuse of the land, regardless of the intent of the owner or tenant, shall constitute discontinuance under this provision.

(Ord. No. 80-100, § 14.2, 1-12-1999)

Nonconforming uses of structures consists of structures used, at the time of passage of the ordinance from which this article is derived, for purposes not permitted in the district in which they are located. In addition to the other requirements of this chapter, nonconforming uses of structures shall be governed by the following restrictions:

(1)

An existing nonconforming use of a structure shall only be changed to a conforming use.

(2)

An existing nonconforming use of a structure shall not be changed to another nonconforming use.

(3)

A nonconforming use of a structure shall not be extended or enlarged except into portions of the structure which at the time the use became nonconforming were already erected and arranged or designed for such nonconforming use. No structural alterations shall be made in any structure occupied by a nonconforming use, which would in any way increase the floorspace, area, or volume of space occupied by the use.

(4)

When any nonconforming use of a structure is discontinued for a period in excess of one year, any future use of the structure shall be limited to those uses permitted in that district under the provisions of this article. Vacancy and/or nonuse of the building, regardless of the intent of the owner or tenant, shall constitute discontinuance under this provision.

(Ord. No. 80-100, § 14.3, 1-12-1999)

(a)

A nonconforming sign shall not be replaced by another nonconforming sign, except when the substitution or interchange of poster panels, painted boards, or replacement of removable letters and numbers on nonconforming signs shall be permitted.

(b)

Repairs and maintenance of nonconforming signs shall be permitted to maintain a safe condition and neat appearance so long as the sign remains substantially the same as it was on the effective date of the adoption of the ordinance from which this article is derived. However, no changes in the size or shape of a nonconforming sign shall be permitted except to make the sign comply with the requirements of this article.

(Ord. No. 80-100, § 14.4, 1-12-1999)

When a nonconforming structure or a structure containing a nonconforming use or nonconforming sign is razed or damaged by fire, flood, wind, or act of God, such structure or sign may be reconstructed as a nonconforming use only if the damage totals less than 50 percent of the value of the structure. If the nonconforming structure is damaged more than 50 percent the structure may be rebuilt only if it conforms to the zoning ordinance from which this chapter is derived, as adopted. Nonconforming manufactured homes located in a manufactured home park may be replaced according to type III appearance standards, section 46-99. Structures which do not conform to the yard requirements of this article shall also be governed by this provision.

(Ord. No. 80-100, § 14.5, 1-12-1999)

Nothing in this chapter shall prevent the restoration of any structure or use to a safe or sanitary condition, nor shall this article prevent regular maintenance of any nonconforming use or structure.

(Ord. No. 80-100, § 14.6, 1-12-1999)

The county commission may grant the change, reestablishment or enlargement of a nonconforming use or the enlargement, rebuilding, alteration, repair or replacement of a nonconforming structure upon the following findings:

(1)

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

(2)

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

(3)

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

(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, reestablishment, enlargement, rebuilding, alteration, replacement or repair would not cause substantial detriment to the public good or impair the purposes and intent of this chapter.

(6)

The requirements of this chapter for rezoning would prevent the current zoning from being changed to a classification that would allow the proposed change, reestablishment, enlargement, rebuilding, alteration, repair or replacement.

Pursuant to this section, the county commission may grant the replacement of a nonconforming manufactured home with a newer model nonconforming manufactured home so long as the replacement home is found by the board to meet (1) and (5) of the findings above.

(Ord. No. 80-100, § 14.7, 1-12-1999; Ord. of 12-27-2016(2), § 2)

Applications submitted to the county commission requesting the change, reestablishment, enlargement, rebuilding, alteration, repair or replacement of a nonconforming use or 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:

a.

Shall not cause substantial detriment to the public good.

b.

Could not be economically converted to a conforming use.

c.

Is legally nonconforming.

d.

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

e.

Has such value, that removal, to permit conforming structures, would cause economic hardship to the owner.

(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 all 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, number of employees, equipment used, products made or sold, type of signs, and other information as needed for the county commission to reach an informed decision.

(Ord. No. 80-100, § 14.8, 1-12-1999)

If the requested change, reestablishment, 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.

(Ord. No. 80-100, § 14.9, 1-12-1999)

Any nonconformance created by a change in district boundaries or ordinance regulations after the date of passage of the ordinance from which this article is derived shall also be governed by the provisions of this section.

(Ord. No. 80-100, § 14.10, 1-12-1999)

Requests may be submitted to the county commission for their approval to relocate a nonconforming manufactured home presently existing in the county. Homes relocated must be compatible with existing homes in the relocation area. Homes manufactured from June 15, 1976, through December 31, 1984, are required to have written approval from an independent certified inspection agency. Model year 1985 or later manufactured homes are not subject to this safety inspection. The county commission may place conditions to ensure protection of the surrounding area. The applicant is responsible for conformance with these conditions.

(Ord. No. 80-100, § 14.11, 1-12-1999; Ord. of 12-27-2016(2), § 1)