§ 44-88. Nonconformities (including grandfathered or preexisting uses).

Within the zoning districts established by this chapter or amendments, there exist lots, structures, uses of land and structures, and characteristics of use which were lawfully created, established, or constructed before this chapter was adopted or amended, but which would be prohibited, regulated, or restricted under the terms of this chapter or further amendments. It is the intent of this chapter to permit these nonconformities to continue until they are removed or cease to be used for a period of one year at which time it must come into conformity with the provisions of this chapter.

(1)

Incompatibility of nonconforming uses. Nonconforming uses are declared by this chapter to be incompatible with permitted uses in the zoning districts in which such use is located. A nonconforming structure or use may not be extended or enlarged after the passage of this chapter.

(2)

Avoidance of undue hardship. To avoid undue hardship, nothing in this chapter shall be deemed to require a change in the plans, construction, or designated use of any development or building upon which actual construction was lawfully initiated prior to the effective date of adoption or amendment of this chapter.

(3)

Nonconforming lot of record. A single lot of record which does not meet either the development intensity or basic dimensional requirements of the zoning district at the effective date of adoption or amendments of this chapter may be used or sold for the erection of those buildings and accessory buildings necessary to carry out the permitted uses in that district provided:

a.

The lot(s) or parcel(s) are platted and recorded in the office of the clerk of superior court of McDuffie County prior to the date of adoption of this chapter.

b.

Development intensity and basic dimensional requirements of the lot shall conform to the applicable standards for the zoning district(s) in which such lot is located.

c.

Variance for development intensity and basic dimensional requirements shall be obtained only through action of the board of commission as authorized in article IX.

d.

Setback and/or buffer requirements of principle and accessory buildings an uses are met as provided for in each district.

e.

Parking space requirements for all zoning districts are met.

(4)

Nonconforming uses of structures, land, or structures and land in combination. If a lawful use involving individual structures, land, or structures and land in combination exists at the effective date of adoption or amendment of this chapter that would not be allowed in the zoning district under the terms of this chapter, the lawful use may be continued provided:

a.

When a nonconforming use of a structure, land, or structure and land in combination is discontinued (vacant, "closed down," etc.) or abandoned for more than one year regardless of intent, the structure, land, or structure and land in combination shall not hereafter be used except in conformity with the requirements or standards of the zoning district in which it is located.

b.

Nonconforming structures or portions of structures which are destroyed by any means to the extent of more than 50 percent of its current replacement value, it shall not be reconstructed except in conformity with the provisions of this chapter.

c.

Repairs and maintenance. On any nonconforming structure or portion of a structure containing a nonconforming use, work may be performed for ordinary repairs including remodeling, or repair or replacement of nonbearing walls, fixtures, wiring, or plumbing, provided that the physical size of the original structure shall not be increased. Nothing in this section shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official.

d.

Should such nonconforming structure(s) be voluntarily moved for any reason for any distance whatever, it shall thereafter conform to the requirements or standards for the zoning district in which it is located after it is moved.

(5)

Nonconforming uses plans submitted. Any development plans submitted to the planning commission prior to the passage of this chapter shall be considered to be grandfathered or preexisting for a period of six months from the date of adoption of this chapter. For a development to be eligible for this exemption, actual construction must begin within the six month period and shall not lapse or be discontinued for a period of greater than 60 days until the development is completed. Should the developer fail to begin the development within the six month exemption period, the development shall conform to the requirements of this chapter.

(Ord. of 3-23-99, Art. V, § 8)