§ 134-31. Nonconforming uses.

(a)

Purpose and intent. The purpose of a zoning ordinance is to have orderly use of property. Nonconforming uses that existed legally prior to the adoption or change of a zoning ordinance create land uses that do not conform to the zoning ordinance. It is the purpose of this nonconforming use provision to allow legally existing nonconforming uses to be retained with certain limitations to protect adjacent property owners and the public from the inconsistencies created by nonconforming uses. It is the intent that over time all nonconforming uses will be eliminated.

(b)

Continuance of nonconforming uses. A nonconforming use of a building, structure or land that was legal prior to the enactment of an amendment or adoption of the zoning ordinance shall be allowed to legally continue even though such use does not conform with the provisions of this chapter, subject to the following:

(1)

The nonconforming use cannot be expanded to occupy a greater area of land or building area.

(2)

The nonconforming use may continue only in the original building structure or land area that was originally occupied by the nonconforming use.

(3)

The nonconforming use of the building, structure or land cannot be intensified or escalated, for example, by increasing the number of deliveries, employees or customers coming to the nonconforming use, or noise, dust, fumes or other pollutants emanating from the nonconforming use.

(4)

A nonconforming use cannot be reinstated after it has been abandoned. It shall be prima facie evidence of abandonment for the owner and/or operator of the nonconforming use to discontinue the nonconforming use for 12 months, to fail to obtain a new or renew an existing business license as required under the Code of Cobb County, Georgia, for the operation of such nonconforming use, to fail to declare and remit the sales tax required by state law for the nonconforming use.

(5)

Failure to follow any other state, federal or local administrative procedure or regulation that is required for the nonconforming use shall be prima facie evidence of abandonment.

(6)

A nonconforming use cannot be changed to another nonconforming use.

(7)

A nonconforming use must maintain any screening or buffering that existed prior to the use becoming a nonconforming use or that was later voluntarily added.

(8)

A use that constitutes a nuisance as defined by state law is not and cannot become a nonconforming use.

(c)

Continuance of nonconforming structure or building. A building or structure that is nonconforming or that contains a nonconforming use at the time of enactment of the ordinance from which this chapter is derived or at the time of enactment of an amendment to this chapter may be retained, except that it shall not be:

(1)

Enlarged, altered or rebuilt, except for repairs necessary to maintain the structure or building in a safe and sanitary condition.

(2)

Rebuilt, altered or repaired after damage or deterioration exceeding 75 percent of its replacement cost at the time of destruction, except in conformity with this chapter.

(3)

Section 134-31 does not apply to signs. See section 134-311 et seq.

(d)

Continuance of nonconforming lot size. Any lot which is deficient pertaining to minimum lot size may be granted a permit for a principal structure, accessory structure or building addition, consistent with the other underlying zoning district requirements, if the zoning division manager is provided with documentation that demonstrates the lot size deficiency was caused by purchase or condemnation by an entity which has the power of eminent domain, or the condition existed prior to December 26, 1972.

(e)

Nothing in this section shall be construed to allow a use that is dangerous to the general public to continue to exist. This section shall also not be construed to not require changes to buildings or structures to comply with any fire code, life safety code or other safety ordinance or regulation.

(f)

To protect the public from inconsistent zoning requirements and to make nonconforming uses as consistent with conforming uses as possible, nonconforming uses must comply with zoning requirements such as parking, landscaping, setback, outside storage, screening or buffering requirements for the zoning district or use which does not substantially impact the nonconforming use or nonconforming structure.

(Ord. of 12-26-72; Ord. of 12-11-90, § 3-28-12.0; Ord. of 10-27-92; Ord. of 6-24-97 (eff. 7-1-97); Ord. of 2-9-99; Amd. of 2-22-11; Ord. of 7-24-12)

Editor's note

On July 24, 2012, the board of commissioners amended item number 4 of section 134-31. The amendment changed the time period of abandonment (to serve as prima facie evidence) for a nonconforming use from six months to 12 months. This amendment will automatically convert back from 12 months to six months unless it is extended by a majority vote of the board of commissioners during public hearings to occur on the fourth Tuesdays of January and February, 2014.