Within the districts established by Title 2, or in other UDO provisions or amendments, there exist lots, uses of land, uses of land and buildings, uses of land and structures, and characteristics of buildings and structures that were lawful before the UDO was adopted or amended, but that would be prohibited under the terms of the UDO or future amendment. Such nonconforming situations are hereby declared to be incompatible with authorized and permitted uses and regulations within the district(s) involved. It is the intent of the county to require the cessation of certain of these nonconformities, and to allow others to continue, on a limited basis, until they are otherwise removed or cease. It is further the county's intent that nonconformities not be used as grounds for adding other buildings, structures, or uses of land prohibited by the UDO, and that no such building, structure, or use of land shall be enlarged, expanded, moved, or otherwise altered in any manner that increases the degree of non-conformity.

(Ord. No. 0-2006-32, §§ 1—3, 11-28-2006)

The nonconforming use of land may be continued, but no such nonconforming use of land which has been discontinued for a continuous period of 12 months shall be reestablished unless such cessation is a direct result of governmental action impeding access to the property. Such nonconforming use of land shall not be enlarged, expanded, moved, or otherwise altered in any manner that increases the degree of nonconformity.

(Ord. No. 0-2006-32, §§ 1—3, 11-28-2006; Ord. No. 0-2013-11, § I, 11-12-2013)

A legal nonconforming lot of record in a residential district may be used for one single-family residence.

(Ord. No. 0-2006-32, §§ 1—3, 11-28-2006)

The following regulations apply to the nonconforming use of land and building(s) in combination and the nonconforming use of land and structure(s) in combination:

(a)

Such uses of land and buildings or land and structures may be continued, but no such use which has been discontinued for a continuous period of 12 months shall be reestablished unless such cessation is a direct result of governmental action impeding access to the property.

(b)

Such uses of land and buildings or land and structures, or any such building or structure, shall not be enlarged, expanded, moved, or otherwise altered in any manner that increases the degree of nonconformity.

(c)

A nonconforming use of a building may be extended into those interior parts of a building which were manifestly designed for such use prior to the enactment of this chapter.

(Ord. No. 0-2006-32, §§ 1—3, 11-28-2006; Ord. No. 0-2013-11, § II, 11-12-2013)

No building or structure with nonconforming characteristics which is occupied by a conforming use shall be enlarged, expanded, moved, or otherwise altered in any manner that increases the degree of nonconformity.

(Ord. No. 0-2006-32, §§ 1—3, 11-28-2006)

No nonconforming use, building or structure requiring a special use permit under the terms of Title 2, including any use, building or structure that was authorized as of right prior to the adoption of this chapter but would require a special use permit upon the adoption of the UDO, shall be enlarged, expanded, moved, or otherwise altered in any manner except after application for and approval of the now-required special use permit. Normal repair and maintenance of buildings and structures is authorized without the need for a special use permit. No such use, building, or structure that has been discontinued for a continuous period of 12 months shall be reestablished unless such cessation is a direct result of governmental action impeding access to the property.

(Ord. No. 0-2006-32, §§ 1—3, 11-28-2006; Ord. No. 0-2013-11, § III, 11-12-2013)

(a)

Any building or structure constituting a nonconforming use of land and building(s), nonconforming use of land and structure(s), or building or structure with nonconforming characteristics that has been damaged by fire or other cause, may be reconstructed to its previous nonconforming characteristics and used as it was prior to damage if said reconstruction is completed within one year of the date of the damage, except that if said building or structure has been declared by the director to have been damaged to an extent exceeding 60 percent of its fair market value at the time of destruction, then any repair, reconstruction or new construction shall conform to all of the requirements of the district in which said building or structure is located.

(b)

Provided, however, a building which housed or houses a detached or attached single-family residential nonconforming use may be reoccupied by the same use after it has been damaged to the extent of 60 percent or more of the total fair market value of the building only as a matter of right in all zoning districts.

(Ord. No. 0-2006-32, §§ 1—3, 11-28-2006; Ord. No. O-2021-04, §§ I, II, 2-9-2021)

Nothing in this chapter shall prevent the strengthening or restoration to a safe condition of any part of any building or structure declared unsafe by the director.

(Ord. No. 0-2006-32, §§ 1—3, 11-28-2006)

To avoid undue hardship, nothing in this Title shall be deemed to require a change in the plans, construction, or designated use of any building or structure for which a development or building permit was lawfully applied for or issued, or a preliminary or final subdivision plat was lawfully approved, prior to the effective date of the UDO or amendment thereto, provided:

(1)

Such permit or approval has not by its own terms expired prior to such effective date.

(2)

Actual building construction is commenced prior to the expiration of such permit or approval.

(3)

Actual building construction is carried on pursuant to said permit or approval and limited to and in strict accordance with said permit or approval.

(4)

No renewals or extensions of said permit or approval shall be authorized.

(Ord. No. 0-2006-32, §§ 1—3, 11-28-2006)

Variances, rezonings, and special use permits lawfully authorized and granted prior to the effective date of this Title 2 shall continue to be utilized provided the terms and conditions of said authorization are followed. It shall be the responsibility of the owner of a nonconforming use or structure to prove to the director of the department of planning and development or his/her designee that such use was lawfully established and existed on the effective date of adoption or amendment of this article.

(Ord. No. 0-2006-32, §§ 1—3, 11-28-2006; Ord. No. 0-2013-11, § IV, 11-12-2013)

(a)

Any nonconforming use, use of land or building in combination, use of land and structure in combination, nonconforming lot of record, or nonconforming characteristic ("Nonconforming situations") that is changed to a conforming state shall not be permitted to revert to a nonconforming situation.

(b)

No nonconforming situation shall be changed to another nonconforming situation.

(Ord. No. 0-2006-32, §§ 1—3, 11-28-2006)

A nonconforming use, or building or structure in combination with a use, or building or structure with nonconforming characteristics, shall not be extended or enlarged beyond the area of use or beyond the conforming size, height, or other dimensions or characteristics of the building or structure as it existed on the date of adoption of the UDO or amendments applicable thereto.

(Ord. No. 0-2006-32, §§ 1—3, 11-28-2006)

Nonconforming situations relating to signs shall be governed by chapter 230 of this Code of Rockdale County, Georgia, as amended.

(Ord. No. 0-2006-32, §§ 1—3, 11-28-2006; Ord. No. 0-2012-11, § 15, 11-27-2012)