A lawful use of, or vested right to use, any building, structure, or land existing at the time of the adoption of this section or the adoption of any amendment thereto, may be continued subject to the restrictions contained in this section, even though such use does not conform with the regulations of this section.

(1)

Nonconforming use of structures. Nonconforming uses of structures include structures used, at the time of passage of the ordinance from which this section derives, for purposes not permitted in the zoning district in which they are located. They shall be governed by the following restrictions:

a.

A nonconforming use of structure shall not be changed to another nonconforming use through the variance process;

b.

A nonconforming use of structure shall not be extended or enlarged beyond the area of use or the size of the structure as it existed on the date of the adoption of this Ordinance or the adoption of any amendments thereto. No 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; and

c.

When any nonconforming use of a structure is discontinued for a period in excess of 12 months, any future use of the structure shall be limited to those uses permitted in that zoning district. Vacancy and/or non-use of the building, regardless of the intent of the owner or tenant, shall constitute discontinuance under this provision.

(2)

Nonconforming lots. Any lot, being a lot of record at the time of passage of this section, that fails to comply with the requirements of this section may:

a.

If vacant, be used for a dwelling, in the AR or a residential zoning district, provided that the minimum requirements for floor area, yards and any other applicable requirements are met;

b.

If vacant and in any zoning district other than a residential or AR zoning district, be used for any use allowed in the applicable district provided that the minimum requirements for floor area, yards and any other applicable requirements are met; or

c.

If occupied by a structure containing a conforming use, have the structure improved, enlarged or extended provided that improvements do not make the lot more nonconforming.

(3)

Nonconforming open uses of land. Nonconforming uses consisting of storage yards, used car lots, auto wrecking, junk yards, golf driving ranges, miniature golf, and similar open uses shall be governed by the following restrictions in addition to other requirements herein:

a.

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

b.

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

c.

A nonconforming open use of land shall not be enlarged to cover more land; and

d.

When any nonconforming open use of land is discontinued for a period in excess of 12 months, any future use of the land shall be limited to those uses permitted in that zoning district under the provisions herein. Vacancy and/or non-use of the land, regardless of the intent of the owner or tenant, shall constitute discontinuance under this provision.

As used in this section, the term "historic structure" shall mean any structure identified in the Georgia Historic Resources Survey conducted for the Historic Preservation Division of the Georgia Department of Natural Resources, a copy of which is available at town hall. Nonconforming historic structures previously used for purposes not permitted in the zoning district in which they are located shall be governed by the following restrictions:

(1)

The structure itself must be the subject of restoration; and

(2)

Any extension, enlargement or alteration of the structure is subject to variance approval.

When a nonconforming structure or a structure containing a nonconforming use is razed or damaged by fire, flood, wind or act of God, such structure may be reconstructed only if the cost of reconstruction totals less than 75 percent of the current fair market value of the structure for tax purposes. The "value of the structure" shall not include the value of any accessory building, well, septic tank or utility in determining the extent of the damage. Structures which do not conform to the yard requirements herein shall also be governed by this provision.

Any nonconformance produced by a change in zoning district boundaries or regulations after the date of passage of this section shall also be governed by the provisions of this article.

Notwithstanding any other provisions herein to the contrary, as to nonconforming uses which were illegal when they were commenced, or which became illegal thereafter prior to the adoption of the ordinance from which this section derives, this section shall be deemed to impose additional regulations only. It shall not be held or construed to be permissive of such illegal use nor as recognizing any right to the continuance of an illegal use, except in those instances where the illegal use was rendered conforming by the inclusion of the land whereon such use was conducted within a zoning district wherein such use is permitted.