Statesboro City Zoning Code

A.

Establishment and continuance. Any land, the existing lawful use of which at the time of passage of this zoning ordinance does not conform with the regulations of the district in which it is located will have such use considered as a nonconforming use, which may continue on such land but shall be subject to all the other pertinent regulations covering nonconforming uses. Any land approved for a specific use as recorded in the minute book of the mayor and city council at the time of passage of this zoning ordinance shall be permitted for a period of six months. Any extension of time beyond this period will be considered upon proper application presented to the mayor and city council.

B.

Discontinuance. A nonconforming use, when discontinued, may be resumed at any time within one year from such discontinuance, but not thereafter. The resumption may be of the same class of use but shall not be resumed as a nonconforming use of a lower class.

(Ord. No. 2023-12, § 1(Exh. A), 9-19-23)

A.

Change of use. A nonconforming building or use shall be considered as such unless and until it complies with the regulations of the district in which it is located. Such use shall not be changed to a use designated for a district having less restrictive regulations.

B.

Temporary nonconforming use. A temporary nonconforming use, which will benefit the public health or welfare or promote proper development of a district in conformity with the intent of this zoning ordinance, may be permitted for a period of not more than one month, on the approval of the mayor and city council, but any such use to be permitted for a longer period shall require a public hearing thereon, after which a mayor and city council certificate may be issued for a period not exceeding one year in any case.

(Ord. No. 2023-12, § 1(Exh. A), 9-19-23)

A.

Buildings. Any lawful building or the lawful use of any building existing at the time of the passage of this zoning ordinance that does not conform to use, height, location, size, or bulk, with the regulations of the district in which it is located shall be considered a nonconforming building or use and may continue such use in its present location, but shall be subject to all other pertinent regulations covering nonconforming uses.

B.

Buildings under construction. A building for which a valid building permit has been issued and/or is under construction to the extent of completion of footings may be completed as a nonconforming use.

C.

Condemned buildings. A nonconforming building which has been legally condemned may not be rebuilt or used except in accordance with the provisions of this zoning ordinance.

(Ord. No. 2023-12, § 1(Exh. A), 9-19-23)

A.

Permitted uses on nonconforming individual lots. Where the owner of a lot in an R-3, R-6, or R-15 district at the time of the adoption of this zoning ordinance or their successor in title thereto does not own sufficient land to enable them to conform to the dimensional requirements of this zoning ordinance, such lot may be used as a building site for a one-household dwelling.

B.

Combining adjoining nonconforming lots under one ownership. If two or more adjoining lots with continuous frontage are in a single ownership at any time after the adoption of this zoning ordinance and such lots individually are too small to meet the yard, width, and area requirements of the district in which they are located, such groups of lots shall be considered as a single lot or several lots of minimum permitted size and the lot or lots in one ownership shall be subject to the requirements of this zoning ordinance.

C.

Exemption from lot size requirements. Any land that has been platted and accepted by the city shall be exempt from lot size requirements of the UDC.

D.

Modifications to building coverage standards. Where a lot of record in the R-3, R-4, R-6, or R-15 districts at the time of the effective date of this UDC was nonconforming with regard to size, the maximum lot coverage is as shown in Table 2.6.4-A — Building Coverage Standard Modifications for Nonconforming Lots.

Table 2.6.4-A — Building Coverage Standard Modifications for Nonconforming Lots

E.

Modifications to side yard setback standards. Where a lot of record in the R-3, R-4, R-6, or R-15 districts at the time of the effective date of this UDC was nonconforming with regard to width, the maximum side yard setback is as shown in Table 2.6.4-B — Side Yard Setback Standard Modifications for Nonconforming Lots.

Table 2.6.4-B — Side Yard Setback Standard Modifications for Nonconforming Lots

(Ord. No. 2023-12, § 1(Exh. A), 9-19-23)

A.

Nonconforming signs. Any sign, signboard, billboard, or advertising device existing at the time of the passing of this zoning ordinance that does not conform in use, location, height, or size with the regulations of the district in which it is located, shall be considered a nonconforming use and may continue as such use in its present location. In addition, signs shall conform to the provisions of Georgia State Act 679, as amended, section 95A, chapter 9 which is controlling in case of conflict with this regulation.

B.

Existing signs. Signs existing and in place at the time of enactment of this Zoning Code which were legal at the time of erection but are not in compliance with the requirements hereof are nonconforming signs. Nonconforming signs existing as of June 16, 2009, shall be exempt from fees or the requirement to apply for a permit. However, the use of any temporary or portable sign existing at the time of passage of this zoning ordinance shall be continued or considered a nonconforming sign and not subject to the provisions of this section only for 90 days but shall not be continued or considered a nonconforming use thereafter and shall be removed. The bolting down of signs by their construction and nature designed to be temporary shall not henceforth qualify a sign for consideration as a nonconforming sign. Any person who had a portable changeable copy sign in place on their premises at the time of enactment of this zoning ordinance and which must be removed within 90 calendar days of enactment of this zoning ordinance, will have a grace period of 18 months from enactment of this zoning ordinance in which they may add a changeable copy sign as part of a significant structural alteration to an existing sign without the existing sign losing its status as a nonconforming and existing sign in the event the addition causes the existing sign to exceed the height and size restrictions of this zoning ordinance.

C.

Nonconforming signs. Nonconforming signs once removed may not be replaced by signs that do not comply with the requirements of this zoning ordinance. Nonconforming signs may not be renovated in such a manner that significantly alters the nature of the sign and where said sign remains in noncompliance with the requirements of this article following renovation. The replacement of panels which do not alter the structural composition of the signs shall not be considered a renovation that results in loss of nonconforming status, except that nothing within this provision shall infer that panel replacement may allow for an increase, change or alteration in the nonconforming characteristics of a sign, or allow for the use of replacement panels that are otherwise prohibited by this article.

D.

Maintenance of nonconforming signs. Nonconforming signs shall be kept in the same manner of maintenance and repair as specified for conforming signs in subsection 2.5.3.O.

E.

Change of status of owner. Replacements of or changes to a sign resulting from a change in status of the owner or lessee of premises served by a nonconforming sign subsequent to the adoption of this section shall negate the protections afforded nonconforming status and the sign shall be removed or brought into compliance with the provisions of this article, with the following exception: The replacement of panels or other alterations to a nonconforming sign which reflect a change in the message but which do not involve a change in the basic structure or major structural components of the sign, nor which increase the height and/or square footage of the sign, shall not result in loss of status as a nonconforming use.

F.

Unsafe nonconforming sign. Any nonconforming sign determined to be unsafe by the zoning administrator shall be removed or rendered safe and brought into compliance with the provisions of this article.

G.

Damaged nonconforming sign. Signs becoming damaged or dilapidated as a result of the passage of time may not be repaired and must be removed. Nonconforming signs damaged by Act of God may be repaired by the owner of the sign. To the extent such a sign can be brought into conformance with the zoning ordinance at the time of repair, the owner must do so. If a nonconforming sign damaged or destroyed by Act of God cannot be brought into compliance, then the owner may repair the nonconforming sign, but no such repair shall be considered to extend the natural life of the sign before its becoming damaged by the Act of God.

H.

Conforming and nonconforming signs. No conforming sign or advertising device shall be erected on the business premises of a sign permit holder or applicant if the permit holder or applicant maintains an existing nonconforming sign on the business premises of the sign permit holder or applicant until the nonconforming sign has been removed.

I.

Incentives for nonconforming signs. In the event a nonconforming sign is removed and replaced with a sign in conformance with this article, the owner of the property on which the sign is placed shall be allowed a waiver of all charges due under this article up to the amount equal to the costs of removal of the nonconforming sign and erection of a conforming sign. To qualify for the waiver, proof of costs must be presented to the zoning administrator and shall not exceed the fair market value of such costs, as determined by the inquiry of the zoning administrator.

(Ord. No. 2023-12, § 1(Exh. A), 9-19-23)

A.

Building destroyed by fire, explosion, accident, or calamity. A nonconforming building which has been damaged or destroyed by fire, explosion, accident, or calamity (as contrasted to deterioration due to time or neglect) may be reconstructed and used for the same nonconforming use, provided that:

(1)

The reconstructed building shall not exceed in height, area, and volume the building destroyed, unless it meets the provisions of subsection 2.6.7.A.

(2)

A permit shall be applied for and approved within one year from the date the building was destroyed.

(Ord. No. 2023-12, § 1(Exh. A), 9-19-23)

A.

Extension. Any lawful nonconforming use of a portion of a building may be extended throughout the building or any building of which a lawful nonconforming use is made may be extended upon the lot occupied by such building and held in single and separate ownership on the effective date of this zoning ordinance, or such lawful nonconforming use may be continued in any new building erected upon the lot or tract held in single and separate ownership on the effective date of this zoning ordinance and further, such lawful nonconforming use may be continued on adjoining lots only as a variance provided, in all such cases, that any structure, alteration, extension or addition shall conform with all the height, area, width, yard and coverage requirements for the district in which it is located.

B.

Change or resumption of nonconforming uses. The mayor and city council have discretion to determine in accordance with the provisions of this zoning ordinance what resumptions or change of nonconforming use is of the same class of use and permissible.

(Ord. No. 2023-12, § 1(Exh. A), 9-19-23)