§ 8. Non-conformances.
8-1
Non-conforming Lots. Any lot for which a plat or legal description has been legally recorded in the Office of the Clerk of Superior Court of Lanier County at the time of passage of this ordinance which fails to comply with the dimensional requirements for the district in which it is located may, if vacant, be used for any of the uses permitted within the district by this ordinance, or if occupied by a structure containing a conforming use, may have the structure improved, enlarged, or extended; provided that in either case:
a.
Minimum requirements of the district for front, side, and rear yard, height, and floor area shall be complied with.
b.
A lot to be used for duplexes, or manufactured homes, when allowed within the district, only if the lot meets the minimum lot area requirements for those uses in the district.
8-2
Non-conforming Uses of Land. Non-conforming uses of land consists of the open use of property (including such uses but not limited to storage yards, used car lots, auto wrecking, junk yards, golf driving ranges, miniature golf, manufactured housing parks and similar open uses) where the only buildings on the lot are incidental and accessory to the use of the lot and where such use of the land is not permitted to be established hereafter under this ordinance in the district in which it is located, shall be governed by the following restrictions in addition to the other requirements in this ordinance:
a.
When a non-conforming use of land has been changed to a conforming use, it shall not thereafter be used for any non-conforming use.
b.
Non-conforming uses of land shall not be changed to any but conforming uses.
c.
A non-conforming use of land shall not be enlarged to cover more land than was occupied by that use when it became non-conforming.
d.
When any non-conforming use of land is discontinued for a period in excess of six (6) months, any future use of the land shall be limited to those uses permitted in that district under the provisions of this ordinance. Vacancy and/or non-use of the land, regardless of the intent of the owner or tenant, shall constitute discontinuance under this provision.
8-3
Non-conforming Uses of Structures. Non-conforming uses of structures consists of structures used, at the time of passage of this ordinance, for purposes not permitted in the district in which they are located. In addition to the other requirements of this ordinance, non-conforming uses of structures shall be governed by the following restrictions:
a.
An existing non-conforming use of a structure may be changed to another non-conforming use that is similar in its operation and effect on surrounding properties or may be changed to a conforming use.
b.
An existing non-conforming use of a structure shall not be changed to another non-conforming use that generates more automobile or truck traffic, creates more noise, vibration, smoke, dust or fumes, is a more intensive use of structures than the existing non-conforming use, and is in any way a greater nuisance to the adjoining properties than the existing non-conforming use.
c.
A non-conforming use of a structure shall not be extended or enlarged except into portions of the structure which at the time the use became non-conforming where already erected and arranged or designed for such non-conforming use. No structural alterations shall be made in any structure occupied by a non-conforming use, which would in any way increase the floor space, area, or volume of space occupied by the use.
d.
When any non-conforming use of a structure is discontinued for a period in excess of one (1) year, any future use of the structure shall be limited to those uses permitted in that district under the provisions of this ordinance. Vacancy and/or non-use of the building, regardless of the intent of the owner or tenant, shall constitute discontinuance under this provision.
8-4
Reconstruction of Non-conforming Structures. When a non-conforming structure or a structure containing a non-conforming use or non-conforming sign is razed or damaged by fire, flood, wind, or act of God, such structure or sign may be reconstructed as a non-conforming use only if the damage totals less than seventy-five percent (75%) of the value of the structure. Structures which do not conform to the yard requirements of this ordinance shall also be governed by this provision.
8-5
Non-Conforming Junk Yards. All non-conforming junk yards shall be made to conform with the special provisions of the land development ordinance within a period of two (2) years of the adoption of the land development ordinance. Screening of junk yards is intended to shield the use from public view and from the view of surrounding properties, to reduce noise emitting from the premises, and to protect surrounding property values. An eight (8) foot wide buffer strip shall be planted, or existing vegetation may be used, in combination with a solid fence which shall be constructed of wood, concrete or chain link with wooden or metal slats, dense enough to interrupt vision and noise to a height of eight (8) feet. The required vegetative screen shall be planted such that it will reach its required height in a period of three years, and the fence and vegetative buffer shall be erected along all road frontages, side lot lines, and rear yards. All fences must be secured with locks approved by the Building Official.
8-6
Non-Conforming Swimming Pools. All non-conforming swimming pools shall be made to conform with the special fencing development standards (See Section 3-9.2) of the land development ordinance within a period of two (2) years of adoption of the land development ordinance. Fencing of swimming pools is intended to limit the liability of persons owning/operating non-conforming pools, and to protect the current and future health, public safety, and welfare of Lanier County citizens.
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Changes in Land Development. Any non-conformances created by a change in district boundaries or ordinance regulations after the date of passage of this ordinance shall also be governed by the provisions of this section.