A lot of record, as defined in this chapter, that does not conform to minimum road frontage requirement or the minimum lot size or minimum lot width requirements for the zoning district in which it is located may be used as a building site, provided that the height, buffer, setback, and other dimensional requirements of the zoning district in which the lot of record is located are complied with or a variance is obtained, and, provided further, that in the case of a lot not served by sanitary sewer the lot area and width meet the current standards and requirements of the Gwinnett County Health Department for septic tank use.

A nonconforming building or structure, as defined in this chapter, may be expanded, enlarged, or extended if such expansion, enlargement, or extension is for a use that conforms to the use requirements for the zoning district in which the building or structure is located. Any such expansion, enlargement, or extension of a nonconforming building or structure shall meet the minimum yard, setback, buffer, height, and other requirements for the zoning district in which said non-conforming building or structure is located, and all other requirements of this chapter.

A nonconforming use may be continued even though such use does not conform with the use provisions of the zoning district in which said use is located, except as otherwise provided in this section.

1.

Change of use. A nonconforming use shall not be changed to another nonconforming use. A change in tenancy or ownership shall not be considered a change to another nonconforming use, provided that the use itself remains unchanged.

2.

Discontinuance or abandonment. A nonconforming use shall not be reestablished after discontinuance or abandonment for one year. Vacancy and/or non-use of the building, regardless of the intent of the owner or tenant, shall constitute discontinuance or abandonment under this subsection. If an occupation certificate is required for said nonconforming use and the occupation certificate has lapsed for more than six months, said lapse of occupation certificate shall constitute discontinuance.

3.

Expansion. A nonconforming use shall not be expanded, enlarged or extended, in land area or in floor space or volume of space in a building or structure, except for a use which complies with the zoning district in which said use is located.

4.

Repair. A nonconforming use shall not be rebuilt, altered or repaired after damage exceeding 50 percent of its replacement cost at the time of damage as determined by the Planning Department, except for a use which conforms with the zoning district in which said use is located, and provided such rebuilding, alteration or repair is substantially completed within one year of such damage.

(Ord. No. 2016-503, Exh. A, 6-13-2016)

See the Lilburn Sign Ordinance for provisions regarding nonconforming signs.

Any nonconforming use shall be able to continue as a nonconforming use unless the use is brought into conformity with the adoption of this ordinance.

1.

Intent. It is the intent of this section to require the complete correction of nonconforming situations at the time of any building addition or significant modification of a use or development on a given parcel of land, if such nonconforming situation can physically be made to comply with the requirements of this chapter. It is the intent of this section to require the reduction in the extent of nonconforming situations at the time of any building addition or significant modification of a use or development on a given parcel of land, if such nonconforming situation cannot be physically be made to comply entirely with the requirements of this chapter. It is the intent of this section to provide authority to the director to administer the provisions of this section in a manner that meets these intentions, and that the director shall exercise that authority, subject to more specific guidance as provided in this section.

2.

Determination of nonconforming situations. For any proposed building or development, or modification of a building or development, it shall be the duty of the director to identify the extent to which the improvements on land on which the building or development is proposed constitutes a nonconforming situation, as defined in this chapter. The director shall conduct a review and identify such nonconforming situation(s) at the time plans for such proposed building or development are submitted for review, and at any earlier opportunity, if presented. In the event that one or more nonconforming situations are found to exist by the director, they shall be documented and notice of the need to correct or reduce said nonconforming situations shall be provided by the director to the building or development applicant.

3.

Correction of nonconforming situations. In determining the need to completely correct or reduce the noncompliance of nonconforming situations, the director shall be guided by the following standards:

(a)

Strict compliance. A standard of "strict compliance" (complete correction of all nonconforming situations) shall be applied by the director where physical standards can clearly be made in the subject development proposal without significant alteration of the development as proposed.

(b)

Reasonable progress toward compliance. In cases where complete correction or compliance with the nonconforming situation would require undue hardship, practical difficulty, or might unreasonably reduce the size, scale, or other significant aspect of the development proposal, the director shall have authority to approve the building, development, or improvement even though it does not meet a standard of strict compliance, if the relief granted is the minimum necessary to effectuate the building, development, or improvement.

(c)

Proportionality. Whenever something less than strict compliance is authorized by the director, in determining the amount or extent of compliance required, he shall apply a standard of "proportionality," meaning that the scope, scale, extent and cost of requirements to correct nonconforming situations are more or less the same as the scope, scale, extent and cost of the improvement or development proposed.