Within the districts established by these regulations, there exist certain incompatible lots, building, structures, signs and uses of land which were lawful before these regulations were adopted but which would be prohibited, regulated or restricted under the terms of these regulations or future amendments.

It is the intention of this article to permit these nonconformities to continue until they are removed. It is further the intent of these regulations that nonconformities shall not be expanded or enlarged or extended upon beyond the existing lot. Further, nonconformities shall not be basis for adding other structures or uses prohibited elsewhere in the same district.

(Ord. No. 2024-17, 7-23-2024)

In any district, while meeting the limitation imposed by other provisions of these regulations, a permitted structure may be erected on any single lot of record existing at the effective date of adoption or amendment of these regulations, even though such lot fails to meet that district's requirement for area and width. Building setbacks and other requirements of the lot shall conform to the regulations for the district in which the lot is located.

Except for those lots described above, if two or more lots or combination of lot and portion of lots with continuous frontage in single ownership are of record at the time of adoption or amendment of these regulations, and if all or part of the lots do not meet the requirements for lot width and area as established by these regulations, the lands involved shall be considered an undivided parcel for the purpose of these regulations. No portion of said parcel shall be used which does not meet lot width and area requirements established by these regulations and the Stephens County Health Department, nor shall any division of the parcel be made which leaves remaining any lot with width or area below the applicable requirements.

(Ord. No. 2024-17, 7-23-2024)

The lawful use of any building, structure, sign or land existing at the time of enactment of these regulations may be continued, even though such a use does not conform with the provisions of these regulations, except that the use of a principal building, structure or land containing a nonconforming use shall not be:

(1)

Changed to another nonconforming use;

(2)

Re-established after discontinuance or abandonment for one year;

(3)

Expanded, enlarged or extended beyond the existing lot, unless such use is changed to a use permitted in the district in which such use is located;

(4)

Rebuilt, altered or repaired after damage unless such rebuilding, alteration or repairs completed within two years of such damage;

(5)

Reserved.

(6)

Nothing in this article shall be deemed to prevent the strengthening or restoring to a safe condition any building, structure or portion thereof, declared to be unsafe by an official charged with protecting the public safety or health, upon of such official; and

(7)

Changes in ownership or tenancy of a nonconforming use are permitted.

(8)

The stipulations laid out in this section do not apply to legal non-conforming uses subject to section 59-1807 of this chapter.

(Ord. No. 2024-17, 7-23-2024; Res. No. 2025-03, 1-28-2025)

A nonconforming building which contains a conforming use may be expanded, enlarged or extended, provided that any such additions meet the applicable yard and building setbacks, buffer and landscape strip requirements and all other regulations for the district in which it is located. This section shall not, however, be construed as to authorize the expansion of a nonconforming building for a use which is not permitted by the regulations for the district within such building is located. The stipulations laid out in this section do not apply to legal non-conforming uses subject to section 59-1807 of this chapter.

(Ord. No. 2024-17, 7-23-2024; Res. No. 2025-03, 1-28-2025)

Nothing in this article shall be deemed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun prior to the adoption of these regulations.

(Ord. No. 2024-17, 7-23-2024)