Upon adoption of this appendix and zoning map, some buildings, structures, lots, and uses may no longer conform to the regulations of the zoning district where they are located. These were lawful before this appendix was passed or amended, but they are prohibited, regulated, or restricted under the terms of this appendix, or may be under future amendments of this appendix.

   It is the intent of this appendix to permit these nonconforming uses to continue until they are removed, and not to encourage their survival. It is further the intent of this appendix that nonconforming uses shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses which are prohibited elsewhere in the same district. (Note: Illegal uses existing at the same time this appendix is enacted shall not be validated by virtue of its enactment.)

   Within the districts established by this appendix, or by amendments that may later be adopted, there may exist:

   A.   Nonconforming lots;

   B.   Nonconforming uses of land;

   C.   Nonconforming structures;

   D.   Nonconforming uses of land and structures in combination; and

   E.   Nonconforming characteristics of use.

   Nonconforming uses are declared by this appendix to be incompatible with permitted uses in the districts in which such use is located. A nonconforming use of a structure, a nonconforming use of land, or a nonconforming use of a structure and land in combination shall not be extended or enlarged after passage of this appendix in any manner that would be generally prohibited in the district in which such use is located.

   To avoid undue hardship, nothing in this appendix shall be deemed to require a change in the plans, construction, or designated use of any building or development on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this appendix and upon which actual building construction has been carried on diligently. Where demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such demolition or removal shall be deemed to be actual construction, provided that the work shall be carried on diligently. Actual construction is hereby defined as work done which is beyond the preparation stage and into that stage where the changes or additions are made permanent.

   In any district in which single-family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on any single lot of record after the effective date of adoption or amendment of this appendix, notwithstanding limitations imposed by other provisions of this appendix. Such lots must be in separate ownership or included in a subdivision of record in the office of the County Recorder at the time of passage of this appendix. This provision shall apply even though such lots fail to meet the requirements for area or width, or both, that are generally applicable in the district, provided that yard dimensions and requirements other than those applying area or width, or both, of the lots shall conform to the regulations for the district in which such lots are located. Variances from the requirements listed in Sections 3 and 4 of this appendix, other than lot area or lot width, shall be obtained only through action of the Board of Zoning Appeals as provided in Section 11.10. (Note: This shall apply only to single-family residences.)

   If two or more lots or a combination of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of this appendix and if all or part of the lots with no buildings do not meet the requirements established for lot width and area, the land involved shall be considered to be an undivided parcel for the purposes of this appendix and no portion of said parcel shall be used or sold in a manner which diminishes compliance with the lot width and area requirements established by this appendix, nor shall any division of any parcel be made which creates a lot having its width or area below the requirements stated in this appendix.

   Where, at the time of adoption of this appendix, lawful uses of land exist which would not be permitted by the regulations imposed by this appendix, the uses may be continued so long as they remain otherwise lawful, provided:

   A.   No such nonconforming uses shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this appendix.

   B.   No such nonconforming uses shall be moved in a whole or in part to any portion of a lot or parcel other than that occupied by such uses at the effective date of adoption or amendment of this appendix.

   C.   If any such nonconforming uses of land are discontinued or abandoned for more than one year (except when a construction project conducted by the state, county, or town impedes access to the premises), any subsequent use of such land shall conform to the regulations specified by this appendix for the district in which such land is located.

   D.   No additional structure not conforming to the requirements of this appendix shall be erected in connection with such nonconforming use of land.

   Where a lawful structure exists at the effective date of adoption or amendment of this appendix that could not now be built under the terms of this appendix by reason of restrictions on area, lot coverage, height, yards, its location on the lot, bulk, or other requirements concerning the structure, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:

   A.   No such nonconforming structure may be enlarged or altered in a way, except that which increases its nonconformity, but the size of any structure or portion thereof may be reduced to decrease its nonconformity.

   B.   Should such nonconforming structure or nonconforming portion of a structure be destroyed by any means to the extent of more than 50% of the fair market value of the building immediately prior to the damage, it shall not be reconstructed except in conformity with the provisions of this appendix. Structures made nonconforming by the action of the government are not subject to this restriction.

   C.   Should such structure be moved for any reason, it shall thereafter conform to the regulations for the district in which it is located after it is moved.

   If a lawful use involving individual structures, or if a structure and land in combination, exists at the effective date of adoption or amendment of this appendix that would not now be allowed in the district under the terms of this appendix, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:

   A.   No existing structure devoted to a use not permitted by this appendix in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved, or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located.

   B.   A nonconforming use may be extended throughout any interior parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of this appendix, but no such use shall be extended to occupy any land outside such building.

   C.   Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district, and the nonconforming use shall not thereafter be resumed.

   D.   When a nonconforming use of a structure, or structure and land in combination, is discontinued or abandoned for more than one year (except when a construction project conducted by the state, county, or town impedes access to the premises), the structure or structure and land in combination, shall not thereafter be used except in conformity with the regulations of the district in which it is located.

   E.   Where nonconforming use status applies to a structure and land in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land.

   On any nonconforming structure or portion of a structure containing a nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs, or on repair or replacement of non-bearing walls, fixtures, wiring or plumbing, to an extent not exceeding 30% of the net assessed value established by the DeKalb County Assessors Office of the nonconforming structure and net assessed value of real estate, or nonconforming portion of the structure, whichever the case may be, provided that the cubic content existing when it became nonconforming shall not be increased.

   Any legal nonconforming residential structure, and its accessory structure(s), located in a non-residential district shall be allowed to be repaired, rebuilt, and expanded upon.

(Ord. 05-03, passed 7-12-05)