A lot or portion of a lot where the area, dimensions or location of which was lawful prior to the adoption, revision or amendment of the zoning ordinance but that fails by reason of such adoption, revision or amendment to conform to the present requirements of the zoning district. No such nonconforming use of land shall in any way be expanded, either on the same or adjoining property.

A use or activity that was lawful prior to the adoption, revision or amendment of the zoning ordinance but that fails by reason of such adoption, revision or amendment to conform to the present requirement of the zoning district. The following applies to all nonconforming uses.

A legal nonconforming use shall not be changed to another nonconforming use. When a nonconforming use of land has been changed to a conforming use, it shall not be used for any other nonconforming use.

A nonconforming use of land shall not be enlarged, expanded or extended either on the same or adjoining property.

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

A structure or building, the size, dimensions or location of which was lawful prior to the adoption, revision or amendment of the zoning ordinance but that fails by reason of such adoption, revision or amendment to conform to the present requirements of the zoning ordinance. Nonconforming structures shall not be altered, expanded, enlarged or extended in any manner without the approval of the board of commissioners as provided in section 15.7 of this article.

Editor's note— Ord. No. 2018-09, § II, adopted Oct. 3, 2017, repealed § 15.7 which pertained to nonconforming signs, and derived from Ord. No. 2009-08, § I, adopted June 2, 2009.

Editor's note— Ord. No. 2018-09, § II, adopted Oct. 3, 2017, repealed § 15.8 which pertained to nonconforming signs, and derived from Ord. No. 2009-08, § I, adopted June 2, 2009.

When a nonconforming structure or a structure containing a nonconforming use is razed or damaged by fire, flood, wind, or other act of God, such structure may be reconstructed as a nonconforming use only if the damage totals less than 50 percent of the structure. If the nonconforming structure is damaged more than 50 percent the structure may be rebuilt only if it conforms to the zoning ordinance as presently adopted. Nonconforming manufactured homes located in a manufactured home park may be replaced according to type II appearance standards.

(Ord. No. 2018-09, § III, 10-3-2017)

Nothing in this ordinance shall prevent the restoration of any structure or use to a safe or sanitary condition, nor shall the ordinance prevent regular maintenance of any nonconforming use or structure.

The County Commission of Troup County may grant the change, reestablishment or enlargement of a nonconforming use or the enlargement, rebuilding, alteration, repair or replacement of a nonconforming structure upon the following findings:

1.

The change, reestablishment, enlargement, rebuilding, alteration, repair or replacement would be no more detrimental to the surrounding area than the existing or previous use.

2.

The structure cannot otherwise be economically modified so as to be suitable for uses in the district.

3.

The structure would have to be removed to permit development of the property for conforming uses.

4.

The structure has such value that removal to permit development of the conforming uses would cause substantial economic hardship to the owner.

5.

The proposed change, reestablishment, enlargement, rebuilding, alteration, replacement or repair would not cause substantial detriment to the public good or impair the purposes and intent of this zoning ordinance.

Applications submitted to the Troup County Commission requesting the change, reestablishment, enlargement, rebuilding, alteration, repair or replacement of a nonconforming use or structure shall include the following information:

15.12-1 The applicant shall submit a plat or an accurate site plan, drawn to scale, showing the dimensions of the lot, size and location of all structures and their distance from all property lines, the names of all streets which the property abuts and all parking spaces.

15.12-2 If the request is for a commercial use or structure, a written description shall be submitted to describe the business. This description shall include hours of operation, number of employees, equipment used, products made or sold, type of signs, and other information as needed for the Troup County Commission to reach an informed decision.

The applicant shall bear the burden of providing clear and convincing evidence to the Troup County Commission that the use or structure:

1.

Could not be economically converted to any conforming use;

2.

That the present use is legally nonconforming;

3.

That change, reestablishment, enlargement, rebuilding, alteration, repair, or replacement would be no more detrimental to the surrounding area than the existing nonconforming use;

4.

That the structure has such value, that removal, to permit conforming structures, would cause substantial economic hardship to the owner.

If the requested change, reestablishment, enlargement, rebuilding, alteration, repair, or replacement is approved, the Troup County Commission may place conditions on the approval to ensure the mitigation of adverse impacts to the surrounding area. The applicant is responsible for conformance with these conditions. Any conditions imposed go with the land and are not changed in any way by a change in ownership of the property. Any approvals with conditions shall be noted on the zoning map and made part of the zoning ordinance by reference.

Any nonconforming use created by approval of changes to this ordinance shall be governed by the provisions of this article.