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Senoia City Zoning Code

ARTICLE IV

NONCONFORMING USES

Sec. 74-58.- Definition.

A lawful use of or vested right to use any building, structure, or land existing at the time of the adoption of this article or the adoption of any amendment thereto may be continued subject to the restrictions contained in this article, even though such use does not conform with the regulations of this article except that:

(1)

A non-conforming use of structure shall not be changed to another non-conforming use.

(2)

A non-conforming use or structure shall not be extended or enlarged beyond the area of use or the size of the structure as it existed on the date of the adoption of this article or the adoption of any amendments thereto;

(3)

The non-conforming use or structure shall not be re-established after discontinuance of its use for six consecutive months, regardless of intent or expectation to commence or abandon such non-conforming use.

(Ord. No. 07-05, Art. 4, § 4.1, 12-3-2007)

Sec. 74-59. - Intended non-conforming use.

Any intended non-conforming use for which a vested right was acquired prior to the adoption of this article or the adoption of an amendment there to shall be prohibited unless such use is actually commenced within six months of the adoption of this article or the adoption of an amendment thereto regardless of the intent or expectation to commence or abandon such on-conforming use.

(Ord. No. 07-05, Art. 4, § 4.2, 12-3-2007)

Sec. 74-60. - Alteration of non-conforming use.

A non-conforming use or structure shall not be rebuilt or altered or repaired except as provided herein:

(1)

If the structure is altered or repaired, said alterations or repairs shall be in conformity with the building codes in force at the time of said alterations or repairs; provided, however, that said alteration or repair shall not extend or enlarge the structure being altered or repaired.

(2)

If the structure's floor area is damaged 50 percent or more, the structure cannot be rebuilt as to the non-conforming use. However, if the actual owner of the structure may rebuild regardless of the amount of destruction. The structure must conform to the zoning district.

(Ord. No. 07-05, Art. 4, § 4.3, 12-3-2007)