It is the intent of this Ordinance to recognize that the elimination of existing buildings and structures or uses that are not in conformity with the provisions of this Ordinance is as much a subject of health, safety and general welfare as is the prevention of the establishment of new uses that would violate the provisions of this Ordinance. It is also the intent of this Ordinance to administer the elimination of non-conforming uses, buildings, and structures as to avoid any unreasonable invasion of established private property rights.

Therefore, any structure or use of land existing at the time of the enactment of this Ordinance, and amendment of this Ordinance, and amendments thereto, but not in conformity with its use regulations and provisions, may be continued subject to the following provisions and exceptions:

90.1. Unsafe Structures. Any structure or portion thereof declared unsafe by an authority may be restored to a safe condition, provided the requirements in this section are met.

90.2 Alterations. Any change in a non-conforming building, use, or building site or yard area is subject to the following:

90.2.1. No non-conforming building can be structurally altered, except repairs on or installation of plumbing fixtures required by law; the changing of interior partitions; and interior remodeling, except as permitted in Sections 90.4 and 90.2.2.

90.2.2. A non-conforming building may be structurally altered providing said alteration does not significantly change the use thereof, substantially improves the entire appearance and esthetic value of the structure and the Director of Community Planning and Development deems said alteration to be in the best interest of the City of Kingsland.

90.2.3. No non-conforming building, mobile home or lands, except those residential dwellings needing repairs on or installation of plumbing fixtures as required by law, can be substantially added to, moved or extended in any manner unless such building or land is changed so as to conform with the provisions of this Ordinance.

90.2.4. Whenever an existing residential dwelling must require repairs on or installation of plumbing fixtures which will force the location of the future addition of the dwelling nearer the lot line than the requirements set forth in this Ordinance, the addition to the dwelling shall be allowed to extend to the existing building line but no nearer the property line than any existing portion of the dwelling.

90.3. Extension. A non-conforming use of land shall be restricted to the lot occupied by such use as of the effective date of this Ordinance. A non-conforming use of a building shall not be extended to include either additional building or land after the effective date of this Ordinance.

90.4. Restoration of Damaged Buildings. A non-conforming building, structure, or improvement which is hereafter damaged or destroyed to an extent exceeding fifty (50) percent of the reasonable estimated replacement cost of the structure, building or improvement may not be reconstructed or restored to the same non-conforming use except upon approval of the Planning Commission.

90.5. Change in Use. A non-conforming use which is changed to a conforming use shall not be permitted to revert to the original or a less restrictive use.

90.6. Discontinuance. A non-conforming use which became such after the adoption of this Ordinance and which has been discontinued shall not be re-established and any future use shall be in conformity with the provisions of this Ordinance.

A Lot Inspection Report, prepared by a registered land surveyor, must be attached to the application for a Building Permit, if such application applies to new construction. Regarding additions to existing structures, the Community Planning and Development Director may request a Lot Inspection Report if he/she is of the opinion that the report is warranted. The Lot Inspection Report is to be in the form attached hereto. The "layout sketch" provided on the Lot Inspection Report shall show placement of the structure on the property, building setback distances of the structure from the property lines, and street name(s). The lot inspection format sheet can be seen on the following page.

All new construction finish floor elevation shall be no lower than 1.0 feet above the closest City maintained or future City maintained street elevation at the discretion of the City Engineer. This elevation shall be taken within 100 lineal feet in either direction of said construction site. The intent of this is to create and open drainage storm water swales in order to comply with the Camden County Master Drainage Study, dated February, 1983. The finished floor elevation shall be indicated on a foundation plan and the Lot Inspection Report, and shall be sealed by a State of Georgia licensed surveyor or engineer. No further construction can continue until said plan(s) have been submitted and approved by the Community Planning and Development Director, Building Inspector, or City Engineer.

(Amend. of 7-23-2007)