Any lot for which a plat or legal description has been recorded in the Office of the Clerk of Superior Court of Washington County at the time of passage of this chapter which fails to comply with the dimensional requirements for the district in which it is located may, if vacant, be used for any of the uses permitted a conforming use, may have the structure improved, enlarged, or extended; provided that in either case:

(1)

Minimum requirements of the district for front, side, and rear yard, height, and floor area shall be complied with.

(2)

The lot be used for duplexes or multi-family dwellings when allowed within the district only if the lot meets the minimum lot area requirements for those uses in the district.

(3)

The requirements of Section 8-4-22 are met.

(Ord. No. 2019-01, 4/15/19)

Nonconforming uses consisting of lots used for storage yards, used car lots, auto wrecking, junk yards, golf driving ranges, and similar open uses where the only buildings on the lot are incidental and accessory to the open use of the lot and where such use of the land is not permitted to be established hereafter under this chapter in the district in which it is located, shall be governed by the following restrictions in addition to the other requirements in this chapter.

(1)

When a nonconforming open use of land has been changed to a conforming use, it shall not thereafter be used for any nonconforming use.

(2)

Nonconforming open uses of land shall not be changed to any but conforming uses.

(3)

A nonconforming open use of land shall not be enlarged to cover more land than was occupied by that use when it became nonconforming.

(4)

When any nonconforming open use of land is discontinued for a period in excess of six (6) months, any future use of the land shall be limited to those uses permitted in that district under the provisions of this chapter. Vacancy and/or nonuse of the land, regardless of the intent of the owner or tenant, shall constitute discontinuance under this provision.

(Ord. No. 2019-01, 4/15/19)

Nonconforming uses consisting of structures used, at the time of passage of this chapter, for purposes not permitted in the district in which they are located shall in addition to the other requirements of this chapter be governed by the following restrictions:

(1)

An existing nonconforming use of a structure may not be changed to another nonconforming use regardless of district classification or ownership. The right to maintain the existing (identical) nonconforming use of a structure may be transferred to a new owner provided that all other conditions and requirements in this article for such continuance are met.

(2)

A nonconforming use of a structure shall not be extended or enlarged except into portions of the structure which at the time the use became nonconforming were already erected and arranged or designed for such nonconforming use. No structural alterations shall be made in any structure occupied by a nonconforming use, which would in any way increase the floor space, area, or volume of space occupied by the use.

(3)

When any nonconforming use of a structure is discontinued for a period in excess of one (1) year, any future use of the structure shall be limited to those uses permitted in that district under the provisions of this chapter. Vacancy and/or non-use of the building, regardless of the intent of the owner or tenant, shall constitute discontinuance under this provision.

(4)

At any time a nonconforming structure is voluntarily removed from a nonconforming lot, new structures on the lot shall comply with the provisions of this chapter.

(Ord. No. 2019-01, 4/15/19)

When a nonconforming structure containing a nonconforming use or a nonconforming sign is razed or damaged by fire, flood, wind or act of God, such structure or sign may be constructed as a nonconforming use only if reconstruction or replacement is started within six (6) months of the occurrence of the razing or damage. Provided further that such damage to the nonconforming structure or sign shall not exceed fifty (50) percent of the value of the structure or sign at the time of the destruction and that appropriate written approvals be obtained from all state and local governmental agencies prior to starting repairs. Structures which do not conform to the yard requirements of this chapter shall be governed by this provision.

(Ord. No. 2019-01, 4/15/19)

Any nonconformances created by a change in district boundaries or ordinance regulations after the date of passage of this chapter shall also be governed by the provisions of Section 8-4-101.

(Ord. No. 2019-01, 4/15/19)