The purpose of this article is the eventual elimination of uses that have been deemed incompatible with public policy as evidenced by adoption of this chapter, as amended. The intent of this article to allow such nonconforming uses to continue until removed or otherwise abandoned, but not to encourage their survival. Nonconforming uses are declared by this chapter to be incompatible with uses permitted in the respective zoning districts. Nonconforming uses that continue may flourish in an environment that prohibits other such uses. As such, public policy objectives may not be achieved over considerable time periods. Accordingly, amortization of nonconforming uses through such means as limitations on repair or reconstruction following damage are deemed appropriate. It is the further intent of this article that such ordinance compliance as may be reasonable shall be enforced and that nonconformance shall not be enlarged upon, expanded or extended, nor shall nonconformance be used as grounds for adding other structures or uses prohibited elsewhere in the same zoning district.

(Ord. No. 05-08, § 2(10.1), 8-15-2005)

These regulations apply to the lawful use of a lot or building that does not comply with all of regulations of this chapter governing the use of property at particular locations. Nonconforming use provisions accommodate the continued use of property that was legal at the time the use was established. Such uses may be, and typically are, conducted in a building that is also rendered nonconforming. Property owners may have established vested rights in such instances by investing capital in property in reliance upon adopted ordinances. Zoning laws are not intended to be applied retroactively, or to create individual hardship; however, these laws are adopted to allow the use of land, buildings or structures to continue, subject to restrictions contained in this article. This article is established to prevent such hardships as may be reasonably avoided and not in conflict with the general welfare of the city, or the purposes of this chapter.

Importantly, retention of nonconforming status is dependent upon actual and continuous use of property. Temporary or intermittent use of property that is nonconforming may not be permitted under this article, as any hardship on the individual may not be substantial relative to the impact on the general welfare of the city and the purposes of this chapter.

Nonconforming uses must comply with environmental laws, building codes and other regulations provided that such compliance does not render the continued use infeasible or uneconomic. Nonconformance also applies to building lots and the prior use of a lot with respect to area, setback and off-street parking facilities and shall also be subject to this section.

(Ord. No. 05-08, § 2(10.2), 8-15-2005)

The lawful use of land existing at the time of adoption of this chapter that does not conform to the provisions of this chapter may be continued, provided the use remains otherwise lawful and complies with section 86-311 and the following provisions:

(1)

No such nonconforming use of land or land with minor structures shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this chapter. For the purposes of this subsection, minor structures shall be defined as structure having a replacement cost of less than $10,000.00.

(2)

Removal or destruction of a minor structure shall eliminate the nonconforming status of the land and the structure shall not thereafter be re-established. For the purposes of this subsection, "destruction," shall be defined as damage totaling more than 50 percent of the replacement cost of the structure at the time of such destruction.

(3)

Structures incurring damage totaling 50 percent or less of replacement cost may be restored on the same building footprint or to a smaller size; provided however, that restoration shall begin within six months of damage and be diligently advanced to completion; and such nonconforming use may be resumed and continued as before, or on a smaller scale, but shall not be enlarged, nor intensified. Unless restoration is so initiated and completed, the use shall terminate and shall not be resumed.

(4)

Remodeling of a minor structure shall not be permitted.

(5)

No such nonconforming use shall be moved wholly or partially onto any portion of a lot other than that portion occupied by such use at the effective date of adoption or amendment of this chapter.

(6)

Cessation of any such nonconforming use of land for any reason for a period exceeding 60 days shall be deemed an intent to abandon said use and comprise a forfeiture of nonconforming status and any subsequent use of land shall conform to the standards of this chapter.

(7)

No additional nonconforming structure shall be erected or moved to a lot in conjunction with such nonconforming use of land.

(8)

All nonconforming fences shall be brought into conformance with the current standards of this chapter.

(Ord. No. 05-08, § 2(10.3), 8-15-2005; Ord. No. 2020-007, § 1, 3-9-2020)

The lawful use of individual structures having a replacement cost of $10,000.00 or more, or land in combination with such structures, existing at the time of adoption of this chapter that does not conform to the provisions of this chapter may be continued, provided the use remains otherwise lawful and complies with the following provisions:

(1)

No existing structure devoted to a use not permitted by this chapter in the district in which the structure is located shall be enlarged, expanded, extended, moved, constructed, reconstructed, structurally altered or otherwise altered except in converting the use of the structure to a use permitted in the zoning district in which the structure is located.

(2)

Alterations may be made to the interior of a nonconforming building, and cosmetic alterations may be made to the exterior of such a building; however, no alterations or extensions shall be made which increase the exterior dimensions of a nonconforming building.

(3)

No nonconforming land use may be enlarged, expanded, relocated on the property or otherwise altered in any manner that increases the degree of nonconformance.

(4)

While the general intent to prohibit expansion of nonconforming uses set forth in section 86-311 is reaffirmed, where indefinite continuation of nonconforming uses in major permanent structures with fixed foundations and with replacement costs exceeding $10,000.00 is apparent, such continuation is hereby found to be adverse to the general public interest.

(5)

A nonconforming use may be extended within the confines of a building manifestly arranged or designed for such use at the time of adoption or amendment of this chapter, provided that such extension in a multi-unit structure shall be confined to the units in use at that time. No such use shall be extended to occupy any land outside such building.

(6)

Any major structure in or on which a nonconforming use is replaced by a permitted use shall thereafter conform to the standards of the zoning district in which the structure is located, and the nonconforming use may not thereafter be resumed.

(7)

Cessation of a nonconforming use for any reason for a period exceeding 60 days shall be deemed an intent to abandon said use and comprise a forfeiture of nonconforming status. Such nonconforming use shall not thereafter be resumed and any future use shall conform to the standards of the zoning district in which the use is located and other provisions of this chapter. Such restrictions shall not apply to cessation as a direct result of public agency action impeding access to the premises.

(8)

Removal or destruction of a major structure shall eliminate the nonconforming status of the land and the structure shall not thereafter be re-established. For the purpose of this subsection, "destruction," shall be defined as damage totaling more than 50 percent of the replacement cost of the structure at the time of such destruction.

(9)

A nonconforming building may be restored following damage or destruction by accidental or unintentional fire, flood, wind or other such causes, provided construction costs do not exceed 50 percent of the replacement cost of such building. Such restoration may be on the same building footprint and floor area as the original structure existing immediately prior to such damage or destruction or to a smaller size provided; however, that required permits for such restoration or replacement are secured and restoration or replacement is initiated within a period of one year from the date of the damage or destruction, and provided further that such restoration or replacement complies, to the extent physically feasible, with current building and zoning code structural and dimensional requirements. Restoration shall be diligently carried to completion and such nonconforming use may be resumed and continued as before, or on a smaller scale, but shall not be enlarged, nor intensified. Unless restoration is so initiated and completed, the use shall terminate and not be resumed. Remodeling shall not be deemed removal or destruction, nor shall destruction necessitated by repairs, maintenance or remodeling.

(Ord. No. 05-08, § 2(10.4), 8-15-2005; Ord. No. 2020-007, § 2, 3-9-2020)

A structure or portion of a structure declared unsafe by any official charged with protecting public safety may be restored to a safe condition, provided such construction costs do not exceed 50 percent of the replacement cost of such structure. The burden of proof as to cost ratio shall be the responsibility of the owner.

(Ord. No. 05-08, § 2(10.5), 8-15-2005)

Replacement cost is defined for the purposes of this article as the cost of re-construction of a building as determined by a certified architect or engineer licensed to practice in Georgia. This cost may or may not be comparable to property appraisals or tax assessments made prior to the damage or destruction necessitating repair or re-construction. Determination of replacement cost shall be the sole responsibility of the owner or applicant.

(Ord. No. 05-08, § 2(10.6), 8-15-2005)

To avoid undue hardship, nothing in this article shall be deemed to require a change in the plans, construction or designated use of any building for which a building permit has been issued and on which construction was lawfully begun prior to the effective date of adoption or amendment of this ordinance, and upon which actual building construction has been diligently advanced. "actual construction" is hereby defined as the placing of construction materials in a permanent position and fastened in a permanent manner. excavation, demolition or removal of an existing building which has been substantially begun in preparation for such building or rebuilding shall be deemed actual construction provided that work shall be pursued diligently.

(Ord. No. 05-08, § 2(10.7), 8-15-2005)

The intent of any owner or any occupant of a building or land, and any evidence thereof, as concerns discontinuance or abandonment of a nonconforming use shall be irrelevant in determining whether actual discontinuance or abandonment has occurred. Rather, the determination of such discontinuance or abandonment shall be based solely upon such objective evidence as would lead a reasonable observer of actual use of the building or land to believe that discontinuance or abandonment of the use has occurred.

(Ord. No. 05-08, § 2(10.8), 8-15-2005)

Construction or reconstruction of a surface parking lot, including access ways and aisles, in excess of 50 percent of the original size of the parking lot shall trigger full compliance with the landscaping provisions of article XV.

(Ord. No. 05-08, § 2(10.9), 8-15-2005)

No nonconforming use shall be converted to another nonconforming use. Once converted to a conforming use, no use of land or a building shall be permitted to revert to a nonconforming use.

(Ord. No. 05-08, § 2(10.10), 8-15-2005)

No nonconforming building, structure or use shall be expanded, enlarged or extended in any manner unless such alteration complies with this chapter.

(Ord. No. 05-08, § 2(10.11), 8-15-2005)

The provisions of this article shall apply to any nonconforming uses created by an amendment to the boundaries of a zoning district that assigns a different zoning classification to an individual property.

(Ord. No. 05-08, § 2(10.12), 8-15-2005)

The regulations and requirements applying to any lot of record existing at the time of adoption or amendment of this chapter which does not comply with the minimum standards of the zoning district in which the lot is located shall be as provided below:

(1)

Any lots of record, including two or more lots, or combinations of lots and portions of lots, held in single ownership and having continuous street frontage, which do not meet the zoning district standards as to lot area or lot width upon adoption of this article shall be considered to be an undivided parcel for the purpose of this article. No such lot or portion of such lot shall be used or sold in a manner that diminishes compliance with these standards, nor shall any division of any lot be made which creates a substandard lot as concerns lot area or lot width.

A single family dwelling and permitted accessory structures may be erected on a lot of record which has been legally platted as of the date of adoption of this chapter located in any district in which single family dwellings are permitted, notwithstanding limitations imposed by other provisions of this chapter, provided the use is confined to a single family residence. Such a lot must be held in separate ownership and not of continuous street frontage with adjacent lots in the same ownership. This provision shall apply notwithstanding the failure of such lot to comply with the applicable zoning district standards as to lot area or lot width, provided further that yard dimensions of the lot and standards other than those applying to lot area or width, or both, shall conform to the standards for the district in which such lot is located. Variance of yard requirements in such cases shall be obtained only through action of the mayor and council.

(2)

Any lot that has been reduced in size as the result of land being taken for public purposes and was a legal lot of record at the time of such taking shall be construed as nonconforming.

(Ord. No. 05-08, § 2(10.13), 8-15-2005)

Except as otherwise provided herein, any characteristic of use such as a nonconforming building setback, which has been duly granted by the mayor and council, shall not be deemed nonconforming, but shall without further action be considered conforming.

(Ord. No. 05-08, § 2(10.14), 8-15-2005)

No change in accessory characteristics of use, such as off-street parking and loading, lighting, or other matters pertaining to the use of land, structures or premises shall be made which increases the degree of nonconformity with the requirements of this chapter involving a use rendered nonconforming by adoption or amendment of this chapter. Changes may be made which result in the same or a lesser degree of nonconformity. In cases where land is taken for public purposes in such a manner as to reduce off-street parking or loading space below that previously existing and required by the regulations for the zoning district, the deficiency thus created shall be construed as a nonconforming characteristic of use.

(Ord. No. 05-08, § 2(10.15), 8-15-2005)