It is the intent of this Ordinance to recognize that the elimination, as expeditiously as is reasonable, of the existing buildings and structures or uses that are not in conformity with the provisions of this Ordinance are as much a subject of health, safety, and welfare as is the prevention of the establishment of new uses that would violate the provisions of this Ordinance. It is also the intent of this Ordinance to so administer the elimination of nonconforming uses, buildings, and structures as to avoid an unreasonable invasion of established private property rights.

Lawful nonconforming uses, buildings, and structure existing at the time of the passage of this Ordinance or any amendment thereto shall be allowed to remain subject to the following provisions:

1.

Change of Use. An existing nonconforming use of a building may be changed to a conforming use or to another nonconforming use of the same or higher classification, providing, however, that the establishment of another nonconforming use of the same or higher classification shall be subject to the written approval of the City Council and subject to such conditions as the City Council may require in order to protect the area.

2.

Enlargement Prohibited. A nonconforming use of land shall be restricted to the area occupied by such use as of the effective date of this Ordinance. A nonconforming use of a building or buildings shall not be enlarged to either additional land or buildings after the effective date of this Ordinance.

3.

Discontinuance. When a non-conforming use of any structure or land ceases to operate as defined in Section 11.305, it shall not be reestablished or changed to any use not in conformity with the provisions of this Ordinance. Immediately upon their removal of a structure, non-conformity of such structure and use of land shall lapse.

4.

Damage. Any nonconforming building or nonconforming use, which is damaged by fire, flood, wind, or other acts of God or man, may be reconstructed and used as before, if it be done within six (6) months of such damage, unless damage to the extent of more than sixty (60) percent of its fair market value immediately prior to damage, in which case any repair or reconstruction shall be in conformity with the provisions of this Ordinance.

5.

Structural Alteration. A nonconforming building or building housing a nonconforming use shall not be structurally altered except in conformance with the provisions of this Ordinance. This provision shall not be construed to prevent normal maintenance and repairs or alterations required for structural safety.

(Ord. No. 5840-2019, § 1(Exh. A), 6-10-2019; Ord. No. 6615-2020, § 1, 10-26-2020)

It is the intent of this Ordinance to place the function of the previous Zoning Board of Appeals of the City with the City Council. Whenever in the Code or Land Development Ordinance the Zoning Board of Appeals is referenced, it shall hereafter be deemed to refer to the Council as hereinafter defined. The Clerk of the City is hereby authorized to replace the name "Zoning Board of Appeals" with City Council wherever it appears in the Code or Land Development Ordinance of the City.

(Ord. No. 5840-2019, § 1(Exh. A), 6-10-2019)

Editor's note— Ord. No. 6615-2020, § 3, adopted Oct. 26, 2020, repealed § 7.930, which pertained to nonconforming use regulations for conditional uses, and derived from the original Code.

The purpose of this section is to apply certain protections to property owners whose property is properly zoned and used by a business operating with a valid conditional use permit or is classified as a legally nonconforming conditional use establishment.

(Ord. No. 5840-2019, § 1(Exh. A), 6-10-2019)

For purposes of this section, the following definitions apply:

1.

The term "legally nonconforming" means legitimately operating in the City while noncompliant with the current Code due to predating the Code(s).

2.

The term "property owner" means persons, companies corporations, partnerships or other business entities that own property within a zone designated as commercial by the City.

3.

The term "business operating with a valid conditional use permit" means any company, corporation, partnership or other business entity located in a commercial zone of the City which meets all of the following conditions:

a.

The business, if of a type commonly registered with the Office of the Secretary of State of the State of Georgia must be currently registered and in good standing, or the business, if not of a type commonly registered with the Office of the Secretary of State of the State of Georgia must maintain on file with the City evidence of the type of business entity they are operating; and

b.

The business must have a valid and current occupational tax license issued by the City; and

c.

The business must have a valid and current conditional use permit issued by the City or fall under the exception granted by this section.

4.

The term "ceases to operate" shall mean a business that meets one (1) or more of the following conditions:

a.

Where the interior area of the business structure is designated as patron or retail space meant for public use and more than seventy (70) percent of that area has not been continuously occupied by said use for a period of thirty (30) days or more; or

b.

Where the exterior areas and grounds of the business structure constitute necessary and customary use in the conduct of the business, and more than seventy (70) percent of that area has not been continuously occupied by said use for a period of thirty (30) days or more; or

c.

The City Council declares the business to be nonexisting, deemed abandoned or out of business and notifies the property owner; or

d.

The occupational tax license for the business has expired; or

e.

The conditional use permit for the business has expired.

5.

The term "same conditional use" means a business that operates in such a manner as to require a conditional use permit from the City that is identical to the type of conditional use permit required by the previous business that is deemed to have ceased to operate.

(Ord. No. 5840-2019, § 1(Exh. A), 6-10-2019)

All property owners whose property is zoned for and used by a business operating with a valid and current conditional use permit, or a conditional use business classified as legally nonconforming shall have a maximum of sixty (60) days from the date that business ceases to operate to use said property for a new business with the same conditional use without the new business having to obtain a conditional use permit from the City. After the sixty (60) day period expires, any nonconforming property and/or business must come in full conformance with all relevant zoning.

(Ord. No. 5840-2019, § 1(Exh. A), 6-10-2019)

Editor's note— Ord. No. 6134-2019, § 4, adopted Dec. 9, 2019, repealed Appendix A, Downtown District Graphics. The Downtown District Graphics are now located in the Downtown Design Standards Policy, CPM #700-0009, on file with the City.