A.

Lots, structures or uses that were lawfully established prior to the effective date of this unified development code, but which do not comply with the requirements set forth in this unified development code, are considered legal, nonconforming lots, structures or uses.

B.

The intent of this section is to allow such nonconformities to continue until they are removed or abandoned. The intent of this section is also to ensure that nonconformities shall not be enlarged, expanded or extended, nor be used as grounds for creating lots, or adding structures or uses prohibited in a particular zoning district.

C.

Nonconforming uses are hereby declared incompatible with uses permitted in the zoning district in which the nonconforming use is located.

D.

Nothing in this section shall be construed to prevent the ordinary and routine maintenance and repair of nonconforming structures, or structures that contain nonconforming uses, provided the following circumstances exist:

1.

Repairs do not exceed ten percent (10%) of the current replacement cost of the nonconforming portion of the structure during any period of twelve (12) consecutive months; and

2.

The cubic area of the structure is not increased.

E.

A structure damaged by any means to an extent more than fifty percent (50%) of replacement cost at the time of the occurrence shall be rebuilt only in conformity with this unified development code.

F.

Fair market value, when required, shall be determined by reference to current rules and/or regulations pertaining to real estate assessment and the records of the Henry County tax assessor.

G.

A structure damaged by any means to an extent less than fifty percent (50%) of the fair market value may be restored and occupied as before the damage, provided the following condition is met:

1.

Restoration shall be commenced within six (6) months from the date damages were incurred.

Rebuilding and use of the land or structure not commenced within six (6) months shall thereafter conform to the provisions of this unified development code.

H.

A nonconforming structure, or a structure containing a nonconforming use, declared by the director to be physically unsafe or unlawful due to lack of repairs and maintenance shall not thereafter be restored, repaired or rebuilt except in conformity with the regulations of the zoning district in which it is located.

A.

A single-family dwelling and permitted accessory structures may be built on a single lot of record in any zoning district in which single-family dwellings are permitted, subject to the following conditions:

1.

The lot of record was established on or before the effective date of this unified development code;

2.

The lot of record is held in separate ownership from adjacent lots with continuous frontage on the same street;

3.

The lot is nonconforming due to failure to meet standards for the zoning district for minimum lot area and/or minimum lot width; and

4.

The lot is developed in compliance with standards for front, side, and rear yard setbacks and building height for the zoning district in which it is located.

B.

Lots of record with continuous frontage that became nonconforming on the effective date of this unified development code shall meet the following requirements prior to establishment of any use or development:

1.

The lots of record consist of two (2) or more lots, combinations of lots, and portions of lots that are in single ownership and have continuous frontage;

2.

A lot or a portion of a lot does not meet the standards of the zoning district for lot area and lot width;

3.

The combination of lots shall be considered to be an undivided parcel for the purpose of developing according to the site design standards of the zoning district;

4.

No portion of the undivided parcel shall be used or sold in a manner that does not comply with minimum lot area and minimum lot width requirements established by this unified development code; and

5.

No lot shall be created that does not comply with the lot area and lot width standards of this unified development code.

A lawfully established structure that becomes nonconforming upon or after the effective date of this unified development code may remain subject to the following conditions:

A.

The structure is only nonconforming as concerns the following site design standards:

1.

Minimum lot area;

2.

Minimum lot frontage;

3.

Maximum lot coverage or impervious surface ratio;

4.

Maximum building height; and

5.

Minimum front, side and rear yard setbacks.

B.

The structure shall comply with all other standards and requirements of this unified development code.

C.

The nonconforming structure shall not be enlarged.

D.

The structure or portion thereof may be altered to decrease the degree of nonconformity.

E.

A nonconforming structure relocated any distance for any reason shall be brought into conformance with the site design standards of the zoning district to which it is relocated.

A lawfully established use that becomes nonconforming upon or after the effective date of this unified development code may continue subject to the following stipulations:

A.

A structure containing a nonconforming use shall not be enlarged, extended, built, rebuilt, relocated or structurally altered except to change to a use permitted in the zoning district in which the structure is located.

B.

A nonconforming use shall not be extended to occupy any area outside the existing structure devoted to the use. Any nonconforming use may be extended throughout any portion of a building that was manifestly arranged or designed for such use on the effective date of this unified development code or amendment thereto.

C.

A nonconforming use that is replaced by a permitted use on land, in a structure, or structure and land in combination shall not be resumed. A nonconforming use cannot be replaced by another nonconforming use.

D.

A nonconforming use of land, a structure or structure and land in combination that is abandoned for more than six (6) consecutive months (except when government action impedes the use of, or access to, the premises) shall not be resumed. The use, structure, or structure and land in combination shall not thereafter be used except in conformity with the regulations of the zoning district in which it is located.

A.

Certain uses of land, buildings or structures are found to have an adverse effect on implementing the comprehensive plan. Such uses shall be discontinued following the amortization period set out in subsection 6.1.5.B. below, irrespective of the requirements for nonconforming uses set forth in Sections 6.1.1 through 6.1.4, above.

B.

The following uses shall be removed or rendered conforming within the specified amortization period. The amortization period shall commence upon the effective date of this unified development code.

1.

Fences, walls and vegetation that constitute a hazard by virtue of impairing sight distances at a curve or intersection shall be rendered conforming or removed within sixty (60) calendar days.

2.

All site design standards for fencing, screening and buffering of commercial or industrial uses, as set forth in Chapter 4 of this UDC, shall be met within sixty (60) calendar days.

3.

Nonconforming open storage operations, such as truck parking, automobile wrecking, salvage material storage, and similar uses, shall be rendered conforming within sixty (60) calendar days.

A.

Mobile/Manufactured Homes.

1.

All mobile/manufactured homes located in a mobile home development shall provide documentation of compliance with the National Mobile Home Construction and Safety Act or compliance with specifications presented by the American National Standards Institute.

2.

An existing, nonconforming mobile/manufactured home that was lawfully permitted prior to the effective date of this unified development code may be replaced with a new mobile home meeting the requirement set forth in paragraph A.1., above, provided the replacement is done so within twelve (12) months of the date of removal of the existing mobile home and all conditions and requirements of O.C.G.A § 36-66-7 et seq are met.

(Ord. No. OR24-559, 3-4-2024)