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Whitfield County Unincorporated
City Zoning Code

ARTICLE X

- NON-CONFORMING USE, STRUCTURE, OR LOT

10-1 - Use of land.

Any use of land legally established at the time of enactment or subsequent amendment of this Ordinance, which would not be permitted as a new use in the zone district in which it is located, or any structure or accessory structure which is legally established at the time of enactment or subsequent amendment of this Ordinance and is not built in conformity with the current requirements of this Ordinance, or any lot of record whose area, frontage, width or other dimensions, or location which no longer meets or exceeds one or more such requirements of the applicable zoning district, may be continued pursuant to compliance with all of the following limitations:

10-1-1 A non-conforming use may not be changed, altered, or amended to any other non-conforming use.

10-1-2 A non-conforming use may not be re-established after discontinuance of such use for a period of twelve (12) months.

10-1-3 A non-conforming use, structure, or accessory structure may not be enlarged beyond its size at the time it shall become non-conforming, nor shall the intensity of the use therein increase. This provision shall include, but shall not be limited to, the size of the building, the use of additional land, or the use of additional or more powerful equipment. Approval for such expansion of a non-conforming use shall require a successful rezoning of the lot or parcel in order to bring such use or parcel into compliance with this Ordinance. This provision shall not apply to any residential addition onto an existing non-conforming single family dwelling, provided such addition does not further encroach upon the required setback area. This provision also shall not apply to the replacement of an existing, non-conforming mobile or manufactured home used for residential purposes with another manufactured home, with the same or fewer bedrooms.

10-1-4 A non-conforming structure may be rebuilt, altered without enlargement or expansion in any sense, repaired, or replaced at a size, use, or impact not larger than the original size and in substantially the same location for the same use within twelve (12) months following damage or loss to such structure. This provision, however, shall not apply to condemnation or voluntary demolition, the effect of which shall be immediate forfeiture of the non-conforming use upon the affected lot or parcel or portion thereof.