7.1.1 Purpose

Zoning regulations established by the adoption of this Ordinance or amendments to this Ordinance may cause properties and uses which were lawful prior to the adoption of certain regulations to not meet requirements after adoption of the regulations. The purpose of this section is to establish procedures and regulations for the use of those properties or structures which are in conflict with the requirements of this Ordinance. It is not the intent of this section to encourage the continuance of nonconformities that are out of character with the standards of the zoning district. It is the intent of this section, however, to allow certain nonconforming situations to continue as legal exceptions to this Ordinance. The provisions of this Section are intended and designed to limit substantial investment in nonconformities, to prohibit the intensification of nonconformities and to bring about eventual elimination or lessen their impact upon surrounding conforming uses in order to preserve the integrity of the area in which it is located.

(Amend. of 9-14-22(1), § 6)

7.1.2 Nonconformities Defined

A nonconformity shall be any use, lot, improvement, or structure that, as a result of amendments to this Ordinance or a pre-existing condition, does not meet the current standards of the ordinance.

A.

Nonconforming Use. A nonconforming use shall be any land use or type of residential use that was legally established but has become a prohibited use in the district in which it exists.

B.

Nonconforming Lot. A nonconforming lot shall be any legally established parcel that does not conform to the current area or dimensional requirements of the zoning district in which it is located.

C.

Nonconforming Improvement or Structure. A nonconforming improvement or structure shall be any legally established improvement, building or structure that fails to meet current ordinance standards for setback, height, or similar factors.

D.

Nonconforming Signs. See Article 13, Sign Standards, for all requirements relating to nonconforming signs.

7.1.3 Continuation of Nonconformities

Legal nonconformities may continue subject to the limitations of this Article. Continuation, reconstruction, alteration, and/or expansion of such nonconformities shall be subject to the provisions of this Article.

7.1.4 Maintenance and Repair

Nothing in this section shall prohibit the ordinary maintenance and repair of a nonconformity, including but not limited to, repairs required by Sec. 15.7, Minimum Standards of Habitability, except that nonconforming structures that have suffered repetitive loss due to flooding shall not be permitted to be repaired. Maintenance and repair shall be subject to issuance of building permits, as is required by the Building Code.

7.1.5 Completion of Buildings and Improvements

A.

Nonconformities Resulting from Adoption of this Ordinance. Completion of buildings that become nonconforming as a result of passage of this Ordinance shall be allowed if an application for a building permit sufficient to allow approval was submitted prior to passage of this Ordinance, and if the building is subsequently completed in accordance with an approved building permit within two (2) years of initial issuance of the permit.

B.

Subsequent Nonconformities. Completion of buildings that become nonconforming as a result of amendments to this Ordinance shall be allowed if a building permit was issued prior to the amendment, if the permit remains continuously valid, and if the building is completed within two (2) years of initial issuance of the permit. Completion of buildings or improvements for which permits were not issued, but that are subject to site plans or preliminary plats that were approved prior to the ordinance amendment shall be governed by the provisions regarding continuous validity of site plans and preliminary plats found elsewhere in this Ordinance.

7.2.1 Limitations on Nonconforming Uses

The lawful use of any building or premises at the time of the enactment of this Ordinance, or immediately preceding any applicable amendment thereto, may be continued even though the use does not conform with the provisions of this Ordinance, under, and subject to, the following conditions:

A.

A nonconforming use may not have its use changed to another nonconforming use;

B.

A nonconforming use may not be re-established after its discontinuance for a period of twelve (12) consecutive months. Continuous uninterrupted utility services without documented occupation or intermittent operation shall not constitute active operations. If the discontinuance of the use is seasonal it may be reopened provided it is done so within 12 continuance months or if caused by damage from an unintentional fire or other natural disaster, then the building in which the use is located may be repaired and/or reconstructed and the use may thereby be re-established provided repair or reconstruction has begun within twelve (12) months and completed with a Certificate of Compliance within two (2) years of such damage.

C.

A nonconforming use may not be changed, enlarged, expanded, or intensified, including expanding the use into any part of a building or property not previously occupied or in use as of the date when the legal nonconformity was established. A nonconforming use of property that is an accessory use as a result of its frequency or duration of proven historical use cannot be changed, enlarged, expanded, or intensified to become a principal use.

(Amend. of 11-17-16(4); Amend. of 9-14-22(1), § 6)

7.3.1 Single-Family Residential Lots

A.

Any single lot that does not meet the minimum density requirements of this Ordinance, may nevertheless be used as a building site, provided that the lot was in existence at the time of the adoption of this Ordinance, or, alternatively, complied with the single-family site density requirements of the ordinance in effect at the time it was recorded, as evidenced by a recorded plat or as described in a conveyance recorded among the public records of Macon County or Jackson County.

B.

In addition to the foregoing, any single lot that is located within a Watershed Overlay District, and which equals or exceeds the minimum lot size for the overlay district, may be used as a building site. However, if a single lot does not equal or exceed the minimum lot size for said Watershed Overlay District, then it may be developed only if the resulting development does not exceed the built-upon limits for the overlay district.

C.

Property may be subdivided without respect to the minimum lot size required by this Ordinance in order to increase the size of previously platted or recorded lots, provided that:

1.

Any lot which currently complies with the minimum lot size required by this Ordinance, and has been used as a building site, may not thereby be reduced in size below the minimum lot size;

2.

Any nonconforming lot which has been used as a building site may not thereby be reduced in size; and

3.

Any unimproved lot which is thereby reduced in size below the current minimum lot size shall either be re-platted to reflect its combination with other previously platted or recorded lots or, if it is not so combined, shall be designated "NONCONFORMING PARTIAL LOT" on the plat and, if applicable, in any deed of conveyance.

7.4.1 Nonconforming Buildings and Premises

A.

Buildings and premises (including parking areas and other parts thereof) which existed at the time of the enactment of this Ordinance, or immediately preceding any applicable amendment thereto, shall be deemed in compliance herewith, except in the following cases:

1.

Additions. If an addition is made to any existing building or premises, such addition shall comply with the current provisions of this Ordinance;

2.

Alterations, repairs, or rebuilds. Nonconforming buildings may be altered or repaired, but such buildings shall not be enlarged or expanded except in conformance with this Ordinance. Nonconforming buildings that are destroyed or condemned may not be rebuilt or repaired except in conformance with this Ordinance;

3.

Change of use. If the use of a building changes so that the requirements for the new use are in any way more stringent than the requirements for the previous use of the building, such building and premises shall be made to conform to the current requirements of this Ordinance; and

4.

Discontinuance of use. If the use of any building or premises has been discontinued for a period of twelve (12) consecutive months, no use shall be re-established until said building and premises shall be made to conform as much as possible to the current requirements of this Ordinance. Continuous uninterrupted utility services without documented occupation or intermittent operation shall not constitute active operations. If the discontinuance of the use is seasonal it may be reopened provided it is done so within 12 continuance months or if caused by damage from an unintentional fire or other natural disaster, then the building in which the use is located may be repaired and/or reconstructed and the use may thereby be re-established provided repair or reconstruction has begun within twelve (12) months and completed with a Certificate of Compliance within two (2) years of such damage. Conformance herewith shall not be required as relates to existing building size, in cases where it is not reasonable or practical to do so but a Variance is required from the Zoning Board of Adjustment in accordance with Section 4.18.2, Zoning Board of Adjustment Variances. The total built-upon area may not be increased, nor encroachments into setback extended, beyond those of the original building, except in conformance with this Ordinance.

B.

Nonconforming manufactured homes. Manufactured homes which existed at the time of the enactment of this Ordinance, or immediately preceding any applicable amendment thereto, shall be deemed in compliance herewith in any zoning district. In addition, nonconforming manufactured homes may be replaced one (1) time with a manufactured home of equivalent size on the same site, provided the replacement trailer has been constructed after July 1, 1976, and all of the following conditions are met:

1.

The unit is occupied by persons owning the land on which the unit is located;

2.

The tongue, axles, removable towing apparatus, and transporting lights are removed after final placement on the site;

3.

A continuous, permanent masonry curtain wall or foundation, unpierced except for ventilation and covered access, is installed under the unit; and

4.

The exterior siding consists predominantly of horizontal or vertical vinyl, aluminum, wood, or hardboard siding.

(Amend. of 11-17-16(4))

7.4.2 Existing Development in Watershed Overlay Districts

Existing development on single lots in watershed overlay districts which do not equal or exceed the minimum lot size for the overlay district, and which existed at the time of the enactment of this Ordinance or immediately preceding any applicable amendment thereto, shall be deemed in compliance herewith. Additional development shall be permitted on such lots only if it does not result in the overall built-upon area for the lot exceeding the built-upon limits for the overlay district.

7.4.3 Reconstruction in Watershed Overlay Districts

Notwithstanding Section 7.4.2, Existing Development in Watershed Overlay Districts, any existing building or built-upon area not in conformance with the restrictions of this Ordinance that has been damaged or removed may be repaired and/or reconstructed, provided:

A.

Repair or reconstruction is initiated within twelve (12) months and completed within two (2) years of such damage;

B.

The total built-upon area may not be increased unless stormwater control that equals or exceeds the previous development is provided; and

C.

Reconstruction or repairs shall not expand the existing built-upon area as defined by the footprint or foundation of the existing building and shall meet all applicable building codes.