§ 11.01.00. Nonconforming lots, structures, and uses.

11.01.01.

Generally.

A.

Within the zoning and overlay districts established by this ULDC or amendments that may later be adopted there may exist lots, structures, or uses of land which were lawfully established before this ULDC was adopted, but which do not comply with the requirements set forth in this ULDC.

B.

It is the intent of section 11.01.00 to allow these nonconformities to continue until they are removed or discontinued. It is further the intent of this section that nonconformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding structures or uses prohibited elsewhere in the same district.

C.

Nonconforming uses are declared to be incompatible with permitted uses in the district where the nonconforming use is located.

D.

Nothing in section 11.01.01 shall be construed to prevent the ordinary and routine maintenance and repair of nonconforming structures or structures which contain nonconforming uses provided that:

1.

Repairs do not exceed ten (10) percent of the current replacement cost of the nonconforming portion of the structure, during any period of twelve (12) consecutive months; and

2.

The cubic content of the structure is not increased.

E.

A structure damaged or destroyed by any means to an extent of more than fifty (50) percent of its replacement cost at time of destruction shall be reconstructed only in conformity with the provisions of this ULDC.

F.

Fair market value, where required, shall be determined by reference to current statutory provisions pertaining to real estate assessment and the records of the county assessor.

G.

A structure that is damaged to an extent less than fifty (50) percent of the fair market value may be restored and occupied as before the damage, provided the following standards are met:

1.

Restoration shall be commenced within six (6) calendar months from the date damages were incurred.

2.

If reconstruction is not commenced within six (6) months, the reconstruction and use of the land or structure shall thereafter conform to the provisions of this ULDC.

H.

A nonconforming structure or a structure containing a nonconforming use that is declared by the administrator to be physically unsafe or unlawful due to lack of repairs and maintenance shall not thereafter be restored, repaired, or rebuilt except in conformity with the regulations of the zoning district in which it is located.

11.01.02.

Nonconforming lots of record.

A.

A single-family dwelling and permissible accessory structures may be constructed on a single lot of record in any zoning district where single-family dwellings are permissible, subject to the following requirements:

1.

The lot of record was established at or before the time of adoption of this ULDC;

2.

The lot of record is in separate ownership from adjacent lots with continuous frontage on the same street;

3.

The lot is nonconforming due to failure to meet standards for the zoning district for minimum lot area and/or minimum lot width; and

4.

The lot is developed in compliance with standards for front, side, and rear yard setbacks and building height for the zoning district in which it is located.

B.

Lots of record with continuous frontage, which became nonconforming at the time of adoption of this ULDC, shall meet the following requirements in order to be developed:

1.

The lots of record consist of two (2) or more lots, combinations of lots, and portions of lots which are in single ownership and have continuous frontage;

2.

A lot or a portion of a lot cannot meet the standards of the zoning district for lot area and lot width;

3.

The combination of lots shall be considered to be an undivided parcel for the purpose of developing according to the site design standards of the zoning district; and

4.

No portion of the undivided parcel shall be used or sold in a manner which does not comply with minimum lot area and minimum lot width requirements established by this ULDC.

11.01.03.

Nonconforming structures. A lawfully established structure that becomes nonconforming at the time of adoption of this ULDC may continue subject to the following requirements:

A.

The structure is nonconforming with only the following site design standards:

1.

Minimum lot area;

2.

Maximum lot coverage or impervious surface ratio;

3.

Maximum building height;

4.

Minimum front, side, and rear yard setbacks; and

5.

Other requirements regarding building location on the lot.

B.

The structure shall be in compliance with all other standards and requirements of this ULDC.

C.

The nonconforming structure shall not be enlarged.

D.

The structure or portion thereof may be altered to decrease its degree of nonconformity.

E.

If a nonconforming structure is moved for any reason for any distance, it shall be brought into conformance with the site design standards of the zoning district to which it is moved.

11.01.04.

Nonconforming uses. A lawfully established use that becomes nonconforming at the time of adoption of this ULDC may continue subject to the following requirements:

A.

A structure containing a nonconforming use shall not be enlarged, extended, constructed, reconstructed, moved, or structurally altered except to change the use to a use permitted in the zoning district in which it is located.

B.

A nonconforming use shall not be extended to occupy any land outside the existing structure devoted to the use. Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of this ULDC.

C.

A nonconforming use which is superseded by a permitted use in a structure or structure and land in combination shall not be resumed.

D.

A nonconforming use of a structure or structure and land in combination that is discontinued or abandoned for six (6) consecutive months (except when government action impedes access to the premises) shall not be resumed. The structure, or structure and land in combination, shall not thereafter be used except in conformity with the regulations of the zoning district in which it is located.

11.01.05.

Termination of detrimental nonconforming structures and uses.

A.

There are found to be certain uses of land, buildings, and structures which have an adverse effect on the carrying out of the comprehensive plan. Such uses shall be discontinued after the time periods set out in subsection 11.01.05.B. below, irrespective of the requirements for nonconforming uses set forth in sections 11.01.00 through 11.01.04 above.

B.

The following uses shall be removed or made conforming within the specified amortization period. Said amortization period shall commence upon the effective date of this ULDC.

1.

Fences, walls, and vegetation which constitute a hazard by virtue of impairing sight distances at a curve or intersection shall be made conforming within sixty (60) days.

2.

All site design requirements for fencing, screening, or buffering of commercial or industrial uses, as set forth in chapters 4 or 5 of this ULDC, shall be met within sixty (60) days.

3.

Nonconforming open storage operations, such as truck parking, automobile wrecking, salvage material storage, and similar uses, shall be made conforming within sixty (60) days.

11.01.06.

Regulation of specific nonconforming structures.

A.

Nonconforming signs. (See section 7.04.00 regarding signs).

1.

The following provisions shall apply to signs which were approved and legally erected pursuant to sign standards in effect prior to the adoption of this ULDC, and which became nonconforming at the time of adoption of this ULDC.

2.

Nonconforming signs may stay in place until one (1) of the following conditions occurs:

a.

The sign deteriorates or is damaged to the extent that it becomes a hazard; or

b.

The sign has been damaged to such an extent that structural repairs are required to restore the sign. A structural repair is any repair necessary only to maintain the stability and safety of the sign.

3.

The owner of the sign shall obtain a permit for the continuation of the sign, subject to the restrictions of this section. Application for such permit shall be filed within ten (10) days of the notice of nonconformance. There shall be no charge for this permit. Failure to apply for such permit within ten (10) days shall result in waiver of the protections afforded nonconforming signs by this section and the display of such sign shall be thereafter unlawful.

4.

Minor repairs and maintenance of nonconforming signs shall be permitted. However, no structural repairs or changes in the size or shape of the sign shall be permitted except to make the sign comply with the requirements of this section.

5.

A nonconforming sign damaged by fire or other causes to the extent of more than fifty (50) percent of its assessed value shall not be repaired or rebuilt except in compliance with the standards for the type and location of sign.

6.

A nonconforming sign damaged by fire or other causes to the extent of more than fifty (50) percent of its assessed value which is not repaired or rebuilt in compliance with this section shall be removed from the lot, along with all associated debris, and disposed of appropriately.

7.

A nonconforming sign shall not be replaced by another nonconforming sign, except that the substitution or interchange of poster panels, painted boards, or dismountable material on nonconforming signs shall be permitted.

B.

Nonconforming signs along interstate highways. A legally erected interstate sign which became nonconforming on May 6, 2002, pursuant to the adoption of Ordinance 02-05, may be allowed to remain until purchased by the Georgia DOT, provided that the sign meets the requirements of state laws, rules and regulations governing such signs. Sign regulations are set forth in section 7.04.00 of this ULDC.

C.

Mobile homes/manufactured homes.

1.

All mobile homes located in a mobile home development shall provide documentation of compliance with the National Mobile Home Construction and Safety Act or compliance with specifications presented by the American National Standards Institute. Existing mobile homes within mobile home developments not in compliance with either of these standards are nonconforming.

2.

An existing, nonconforming mobile home which was lawfully permitted may be replaced with another mobile home of the same size meeting the requirement set forth in paragraph C.1. above and with the requirements of this chapter within sixty (60) days from the date of removal of the original mobile home.

D.

Nonconforming WCFs. WCFs in existence on the date of the adoption of this article which do not comply with the requirements of this article are nonconforming WCFs and are subject to the following provisions:

A.

The owner of any nonconforming WCFs may request an administrative approval for a minor modification from the administrator.

B.

Nonconforming WCFs may add additional antennas (belonging to the same carrier or other carriers) subject to administrative approval in section 7.05.04.

C.

Nonconforming WCFs which are hereafter damaged or destroyed by less than fifty (50) percent of the replacement value due to any reason or cause may be repaired and restored to their former use, location, and physical dimensions subject to obtaining a building permit, without otherwise complying with this article. A nonconforming WCF that is damaged or destroyed by more than fifty (50) percent of the estimated replacement value shall be made conforming to this article.

D.

Major modifications to nonconforming WCFs may be allowed only upon the granting of a conditional use by the zoning advisory board; provided, however, that an existing nonconforming WCF may be replaced by a support structure replacement administratively approved according to the provisions of section 7.05.03, in which event, after administrative approval and replacement, the support structure replacement shall be legally conforming.

(Ord. No. 09-07, 11-17-09; Ord. No. 14-06, § I(exh. A), 11-4-14 )