A use of property or a building on a lot, or the lot itself, that was legally established under a prior ordinance that was then rendered nonconforming as to the characteristics of use, or one or more development standards by adoption of this ordinance is a legal, nonconforming use, building or lot. The intent of this article is to permit such nonconformance to continue until the nonconforming use ceases or the nonconforming building is removed, but not to encourage their continuation or to allow expansion of the nonconformance.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)

The lawful use of any building, lot or portion thereof legally existing on the effective date of adoption of this ordinance and rendered nonconforming by the provisions of this ordinance or any future amendments may continue, subject to the following stipulations:

A.

No nonconforming use shall be expanded in any manner to occupy a larger portion of a building that existed on the effective date of adoption of this ordinance or any future amendments unless the building was clearly designed to accommodate the same use as the nonconforming use occupying the building. No such expansion of a nonconforming use shall occupy any land outside such building.

B.

A nonconforming use shall not be converted to another nonconforming use.

C.

Once the use of a lot is rendered conforming, no nonconforming use shall be re-established.

D.

In order to avoid unnecessary hardship, any building or use properly permitted prior to the effective date of adoption of this ordinance in compliance with the ordinance and all applicable city codes in effect at the time the permit was issued, and that were completely established within one year of the date such permit was issued, such building or use shall be deemed legal nonconforming.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)

A.

No nonconforming use of land shall be enlarged to occupy a greater portion of a lot than that occupied on the effective date of adoption of this ordinance or any future amendments.

B.

No nonconforming use of land shall be moved in whole or in part to any portion of a lot that was not occupied by such use on the effective date of adoption of this ordinance or any future amendments.

C.

Use of a portion of a lot in a manner that does not conform to all applicable standards of this ordinance or other city codes shall not render remaining portions of the lot nonconforming.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)

A.

No existing building occupied by a nonconforming use shall be enlarged, extended or expanded in any manner except to convert the use of the building to a conforming use.

B.

In the event a nonconforming use of a building or lot is converted to a permitted use, the nonconforming use shall not thereafter be re-established.

C.

In the event of a transfer of ownership of a nonconforming use, the new owner shall be granted 90 days in which to render any nonconformity of the building and the lot in compliance with the development standards of this ordinance.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)

A.

No building that is nonconforming with respect to the development standards of this ordinance or any future amendments shall be enlarged or expanded in any manner or moved to another location on the lot.

B.

No building that would be nonconforming in any manner shall be moved on to any lot.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)

A.

Any nonconforming use, building or lot that is abandoned or the operation of which otherwise ceases for any reason for 90 days or more shall not be re-established. Any subsequent use of such building or lot shall conform to the applicable standards of this ordinance or any future amendments for the district in which such building or lot is located.

B.

Discontinuance of a nonconforming use for 90 days or more shall constitute evidence of intent to abandon the legal, nonconforming status of a use. The following factors shall be considered:

1.

Dilapidation or significant disrepair such as roofing deterioration or other condition or deficiency constituting a code violation;

2.

Unkempt lawn or poor maintenance of plants, trees or other landscape materials;

3.

Poorly maintained parking surfaces or driveways;

4.

Storage of inoperable or unregistered vehicles or vehicles otherwise in disrepair;

5.

Disconnection of electrical power or public water service at the request of the owner;

6.

Failure of the owner to maintain an occupational tax permit, as applicable;

7.

Revocation of a certificate of occupancy for a period greater than 90 days;

8.

Failure to maintain local, state or federal licenses or other approvals required for active operation of the use; and

9.

The absence of on-site activity shall constitute abandonment. Other appropriate evidence as determined by the community development director.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)

A.

The use of a lot or building that has not been previously authorized by issuance of a building permit, certificate of occupancy and an occupational tax permit, as applicable, shall be deemed an illegal use.

B.

Any building erected or moved on to a lot without first having an approved building permit, certificate of occupancy, or other approval shall be deemed an illegal building.

C.

All new buildings, lots and uses established after the effective date of adoption of this ordinance that do not conform to all standards of this ordinance or any future amendments shall be deemed illegal.

D.

Any property on which an illegal building or use exists shall be brought into compliance with current standards of this ordinance and other city codes or shall be removed.

E.

Any property on which an illegal use or building exists shall be subject to actions and penalties allowed by this ordinance and all other applicable laws. Such properties shall be brought into compliance with all applicable standards of this ordinance and other city codes. Any illegal building shall be brought into compliance with all applicable standards of this ordinance and other city codes. Such property or building shall be brought into compliance within 90 calendar days of adoption of this zoning ordinance or the owner shall be subject to a citation.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)

A.

A single lot of record existing on the effective date of adoption or amendment of this ordinance may be developed even though such lot fails to meet the minimum requirements for lot area or lot width applicable in the zoning district in which the lot is located, provided such lot is owned by an entity different from the owner of any directly abutting lot. For purposes of this ordinance, a single lot of record is an individual parcel of land described on a deed or subdivision plat that has been legally recorded with the Clerk of Superior Court of Clayton County. Such lot shall conform to all other applicable standards of this ordinance not involving lot area or lot width unless a variance from such standard is approved by the board of zoning appeals.

B.

No lot shall be reduced in area, altered in shape, or re-platted in any manner that renders the lot nonconforming as concerns lot area, lot width or depth, yard dimensions or any other standard of this ordinance.

C.

No part of a yard, off-street parking or loading space required for any building or use shall be included as part of the yard, off-street parking or loading spaces required for any other building or use unless otherwise provided by this ordinance.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)

A nonconforming building damaged by fire, explosion, act of God or any other casualty to an extent less than 50 percent of replacement cost at the time such damage occurred as determined by the community development department may be restored and the building or portion of such building that existed at the time of such damage may be repaired provided all repairs have been made and a certificate of occupancy has been issued within 12 months of such damage, subject to all other provisions of this ordinance and applicable city codes. The community development director may grant an extension of up to six additional months upon issuing a written finding that the owner has diligently pursued restoration of the building.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)

No provision of this ordinance shall render an existing single-family detached dwelling or a single-family lot nonconforming. No new use of land or a building, or construction of any improvement, following the effective date of adoption of this ordinance that does not fully comply with this ordinance or future amendment shall be permitted.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)

The owner of any single-family detached dwelling located on a lot of record damaged or destroyed by fire, explosion, act of God or any other casualty may repair or replace such dwelling as the dwelling was established prior to such damage or destruction, provided all reconstruction work has been completed and a certificate of occupancy has been issued within 12 months of such damage or destruction. The community development director may grant an extension of up to six additional months upon issuing a written finding that the owner has diligently pursued restoration or re-construction of the dwelling.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)

The following stipulations shall apply to all legal, nonconforming buildings and all legal, nonconforming uses of buildings, or buildings and land in combination:

A.

Ordinary repairs or replacement of windows, door, walls, roofing, heating systems, electrical wiring, or plumbing may be performed provided the size of the building shall not be increased.

B.

Nothing in this article shall prevent the stabilizing or restoration to a safe condition any building or portion of a building declared unsafe by the community development department or a court of competent jurisdiction.

C.

Any building rendered unsafe or unlawful due to dilapidated physical condition that has been demolished may be rebuilt provided that such rebuilding of all aspects of the building shall comply with the standards of the zoning district in which such building is located.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)

A.

Notwithstanding limitations imposed by other provisions of this article, a single-family detached dwelling and customary accessory buildings may be erected on any vacant lot of record existing prior to the effective date of this ordinance or future amendment in any zoning district in which single-family detached dwellings are permitted, provided the dwelling is used only as a single-family detached dwelling. This provision shall apply even though such lot fails to meet the ordinance standards for lot area, lot width or lot frontage, or each of these standards assigned to the property, and provided further that yard dimensions and development standards other than those applicable to lot area, lot width and lot frontage shall be met. Variances concerning yard requirements applicable to construction of a single-family detached dwelling and customary accessory buildings on any such vacant lot of record shall only be obtained through approval by the board of zoning appeals.

B.

No lot existing on the effective date of this ordinance shall be reduced in dimension or area below the minimum standards of this ordinance. In the event a lot is nonconforming as concerns lot area, lot width or lot frontage, and such lot is held in common ownership with an adjacent lot or lots on the same street frontage, no building or development permit shall be issued prior to re-platting of the lots through a combination plat to achieve compliance to the extent possible with lot area, lot width and lot frontage standards. Any lot created after the effective date of this ordinance shall meet the minimum standards of this ordinance.

C.

When two or more lots or any combination of adjacent lots and portions of adjacent lots with continuous frontage on the same street and assigned the same zoning district are held in single ownership and are of record on the effective date of this ordinance or future amendments, and some or all of the lots do not meet the standards established by this ordinance, the lots involved shall be considered as an undivided lot. Any re-subdivision of such lot shall be accomplished in a manner that complies with all standards established by this ordinance.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)

Whenever acquisition of a lot or portion of a lot by the City of Riverdale, Clayton County or the State of Georgia creates a nonconformity, the minimum development standards shall be reduced without the necessity of a variance. Such standards shall include lot frontage, lot area, lot width, lot depth, and building setbacks. Such reduction shall be limited only to the extent that practical development of the property is made possible and upon a written finding by the community development director that such development will not unreasonably impact adjacent properties or uses.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)