Any lawful use of the land or buildings existing at the date of passage of this ordinance and located in a district in which it would not be permitted as a new use under the regulations of this ordinance is hereby declared to be a "nonconforming use" and in violation of this ordinance at the date of adoption of the ordinance; provided however, that a nonconforming use shall be subject to, and the owner comply with, the following regulations.

(Ord. No. 2006-5, § 1, 10-24-06)

At any time after the adoption of this ordinance should the county become aware of a nonconforming use, the owner of said nonconforming use shall be notified by the zoning administrator of the provisions of this ordinance, and that his property constitutes a nonconforming use.

(Ord. No. 2006-5, § 1, 10-24-06)

The nonconforming use of land, where no building or structure is involved, which exists when this ordinance becomes effective, may be continued provided that:

a.

No such nonconforming use of land shall in any way be expanded or extended either on the same or adjoining property.

b.

If such nonconforming use of land or any portion thereof is discontinued or changed, any future use of such land shall be in conformity with the provisions of this ordinance.

c.

Any sign, billboard, commercial advertising structure or similar object which lawfully existed and was maintained at the time this ordinance became effective may be continued although such use does not conform with the provision of this ordinance; provided further, that all such nonconforming signs, billboards, commercial outdoor advertising structures and objects and their supporting members located in residential districts, shall be properly maintained. Proper maintenance is constituted by, but not limited to, proper painting or facing, structural soundness, or does not constitute a public safety hazard or public nuisance.

(Ord. No. 2006-5, § 1, 10-24-06)

A nonconforming use may not be expanded or extended throughout other portions of the building. If such nonconforming use or portion thereof is discontinued or changed to a conforming use, any future use of such building or portion thereof shall be in conformity to the regulations of the district in which such building is located.

No nonconforming use nor nonconforming building may be moved to any other part of a parcel of land upon which same was conducted at the time of the adoption of this ordinance.

(Ord. No. 2006-5, § 1, 10-24-06)

No building which houses a nonconforming use shall be enlarged or structurally altered except to make it comply with requirements of health and safety laws or ordinances; provided further, that the cost of such work shall not exceed 50 percent of the market value of such building or structure at the time such work is done.

(Ord. No. 2006-5, § 1, 10-24-06)

Any building which houses a nonconforming use which has been destroyed or damaged by fire, explosion, Act of God, or by public enemy to the extent of 50 percent of its market value, exclusive of the foundation at the time such damage occurred, shall thereafter be made to conform with the provisions of this ordinance. Said restoration shall be commenced within 18 months of the date of such partial destruction and shall be diligently carried on to completion.

(Ord. No. 2006-5, § 1, 10-24-06)

Any nonconforming use of land or building which has become vacant or remains unoccupied owing to abandonment or discontinuance for a period of 18 months shall thereafter conform to the provisions of this ordinance.

(Ord. No. 2006-5, § 1, 10-24-06)

Within 12 months after the adoption of this ordinance, the zoning administrator shall prepare a record of all known nonconforming uses and occupations of lands, buildings, and structures, including tents and, recreational vehicles existing at the time of such ordinance or amendment. Any amendments to said ordinance shall follow the same procedure.

Such record shall contain the names and addresses of the owners of record of such nonconforming use and of any occupant, other than the owner, the legal description of the land, and the nature and extent of use. Such list shall be available at all times in the office of the zoning administrator.

(Ord. No. 2006-5, § 1, 10-24-06)

There may be a change in tenancy, ownership, or management of an existing nonconforming use, provided there is no change in the nature or character of such nonconforming use.

(Ord. No. 2006-5, § 1, 10-24-06)

The planning commission may from time to time recommend to the county commission the acquisition of such private property as does not conform in use or structure to the regulations and restrictions of the various districts defined in this ordinance; and the removal of such use or structure.

The planning commission shall submit its reasons and estimates of cost and expenses of such acquisition and of the removal of the nonconformity, and of the probable resale price of the property to be acquired after removal of the nonconformity as obtained from the appropriate county department, board or commission. The planning commission shall recommend that portion of the difference between the estimated cost of acquisition and removal of the nonconformity, and the probable resale price which in their opinion should be assessed against a benefited district.

Whenever the county commission has under advisement the acquisition by purchase, condemnation or otherwise as provided by law of any such nonconforming building, structure or use, a preliminary public hearing thereon shall be held before that body; provided that not less than 15 days notice of time, place and purpose of such public hearing shall first be published in the legal county organ and that the county clerk shall send by mail addressed to the respective owners of any such properties at the addresses given in the last assessment roll, a written notice of the time, place, and purpose of such hearing; and provided further that, if the cost and expense of any portion thereof is to be assessed to a special district, the county assessor shall be directed to furnish the county commission with a tentative special assessment district and the tentative plan of assessment, the names of the respective owners of the property in such district, and the addresses thereof in the last assessment roll; and the county clerk shall also send the said respective owner in the tentative assessment district.

Wherever the county commission, after such public hearing, shall declare by resolution that proceedings be instituted for the acquisition of any nonconforming building, structure or use in accordance with the laws of the State of Georgia, and the charter and ordinances of the county the county clerk shall send by registered mail a certified copy of such resolution to the respective owners of the properties and to the owners of the properties in any special district at the addresses given in the last assessment roll.

Upon the passing of title in the private property so acquired to the county, the county commission shall cause the discontinuance or removal of the nonconforming structure. The county commission shall thereafter order such property sold or otherwise disposed of, but only for a conforming use. The county commission shall confirm the cost and expense of such project and report any assessable cost to the county assessor who shall then prepare an assessment roll in the manner provided for in the charter and the ordinances of Colquitt County. Such an assessment roll may, in the discretion of the county commission be in one or more but not to exceed five annual installments.

(Ord. No. 2006-5, § 1, 10-24-06)