Any lot for which a plat or legal description has been recorded in the Office of Superior Court of Jenkins County at the time of passage of this ordinance which fails to comply with the dimensional requirements for the district in which it is located may, if vacant, be used for any of the uses permitted within the district by this ordinance 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 setbacks, height, and floor area shall be complied with.

(2)

The lot may be used for duplexes or multi-family dwellings when allowed within the district only if the lot meets the minimum lot area requirements for those uses in the district.

(3)

The requirements of Section 3-22 are met.

Nonconforming uses consisting of lots used for storage yards, used car lots, auto wrecking, junk yards, golf driving ranges, miniature golf and similar open uses where the only buildings on the lot are incidental and accessory to the open use of the lot and where such use of the land is not permitted to be established hereafter under this ordinance in the district in which it is located, shall be governed by the following restrictions in addition to the other requirements in this ordinance:

(1)

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

(2)

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

(3)

When any nonconforming open 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 ordinance. Vacancy and/or non-use of the land, regardless of the intent of the owner or tenant, shall constitute discontinuance under this provision.

Nonconforming uses consisting of structures used, at the time of passage of this ordinance, for purposes not permitted in the district in which they are located shall in addition to the other requirements of this ordinance be governed by the following restrictions:

(1)

Any existing nonconforming use of a structure shall not be changed to another nonconforming use that generates more automobile or truck traffic, creates more noise, vibration, smoke, dust or fumes, is a more intensive use of structures than the existing nonconforming use, and is in any way a greater nuisance to the adjoining properties than the existing nonconforming use.

(2)

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 floor space, area, or volume of space occupied by the use, except that the mayor/council may, after a public hearing and review of the proposed plan, grant approval if it is determined that said use will not be detrimental to the neighboring properties and is non-contrary to the intent of this ordinance.

(3)

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 ordinance. Vacancy and/or non-use of the building, regardless of the intent of the owner or tenant, shall constitute discontinuance under this provision.

(Refer to Section 8)

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% of the assessed tax value of the structure. Structures which do not conform to the yard requirements of this ordinance shall also be governed by this provision.

Any nonconformances created by a change in district boundaries or ordinance regulations after the date of passage of this ordinance shall also be governed by the provisions of this section.