Forsyth County › Unified Development Code

Chapter 10 — General Provisions and Nonconforming Situations, Article 2 — NONCONFORMING SITUATIONS

current as of 2026-04-02currency checked manuallyOfficialofficial source ↗6 sections · full chapter

§ 10-2.1

Nonconforming Lots.

A lot of record that does not conform to the minimum lot size or minimum lot width for the zoning district in which it is located may be used as a building site, provided that the access, height, and setback requirements of the zoning district in which the lot of record is located are complied with or a variance is obtained and provided further, that the lot meets all the current standards and requirements of the Forsyth County Health Department.

(A)Legacy Residential Home Exception. A tax parcel that is not a lot of record and which does not conform to the minimum lot size or minimum lot width for the zoning district in which it is located, but which in the opinion of the Director has had located on it a residential structure that has been in uninterrupted residential use for at least twenty (20) years, shall be entitled to apply for and receive building permits under UDC Chapter 7, Article II.

§ 10-2.2

Nonconforming Structures.

A nonconforming structure may continue to be occupied and used, except that the nonconforming structure shall not be:

(A)Repaired, rebuilt, or altered after damage exceeding 50 percent of its replacement cost at the time of destruction, except that a structure or structures located on property zoned R3 may be, where a certificate of occupancy was issued for the structure(s) prior to December 1, 2017, rebuilt and repaired even if the structure is completely destroyed or damaged, with such rebuilt or repaired structures allowed to operate in the same manner as existed immediately prior to the event causing the damage or destruction;

(B)Enlarged or altered in a way which increases its nonconformity. For purposes of this section, conversion of any sign from a static or tri-vision sign face to LED display or an electronic message board shall constitute a prohibited enlargement or alteration which increases the non-conformity of the structure unless such conversion is authorized pursuant to the electronic message board upgrade provisions of the Forsyth County Sign Ordinance (Chapter 66 of the Code of Forsyth County),

§ 10-2.3

Nonconforming Uses.

To avoid undue hardship, the lawful but nonconforming use of any structure or land at the time of the enactment of this ordinance or any amendment thereto may be continued even though such use does not conform with the provisions of this ordinance, except that the nonconforming use shall not be:

(A)Changed to another nonconforming use;

(B)Re-established after discontinuance for 12 months or more except that a vehicle sales dealership and/or vehicle rental establishment may not be re-established after discontinuance for six (6) months.

(C)Repaired, rebuilt or altered after damage exceeding 50 percent of its replacement cost at the time of destruction, except that a use on property zoned R3 may be, where the use was established prior to December 1, 2017, continued even if any structure where such use occurs is completely destroyed or damaged, with such use allowed to continue in the same manner as existed immediately prior to the event causing the damage or destruction to the associated structure;

(D)Enlarged or altered in a way which increases its nonconformity. For purposes of this section, conversion of any sign from a static or tri-vision to LED display or an electronic message board shall constitute a prohibited enlargement or alteration which increases the non-conformity of the use unless such conversion is authorized pursuant to the electronic message board upgrade provisions of the Forsyth County Sign Ordinance (Chapter 66 of the Code of Forsyth County, Georgia);

(E)Subparagraph (c) of 10-2.3 shall have no application if a property owner provides evidence to the Director that a use was lawful at the time of commencement of the use and that the sole basis for legal nonconformity is that the owner's lot size was reduced by way of condemnation or by sale or dedication to an entity with the power of condemnation, and that the acreage so sold, dedicated or condemned reduced the lot size such that a previously legal use became a legal nonconforming use.

Nothing herein shall be deemed to prevent the strengthening or restoring to a safe condition any structure or part thereof declared to be unsafe by an official charged with protecting the public safety or health, upon order of such official.

§ 10-2.4

Termination of Nonconforming Use.

(A)Notwithstanding Section 10-2.3, the Board of Commissioners declares the county may provide notice to the owner or operator of property upon which a nonconforming use is conducted that such nonconforming use shall terminate within eighteen (18) months after notice issuance upon the following:

(1)The owner or operator, or their duly authorized employee or agent, of property upon which a nonconforming use is conducted is convicted of or enters a plea of guilty or no contest to a state law or county code violation arising from such nonconforming use; and

(2)The subject nonconforming use is a principal use on the property or is a substantive ancillary use on the property (e.g. a kennel operated in conjunction with a residence).

(B)No change in ownership of the property or change in employment or agency during the prosecution of a state law or county code violation shall serve as a basis to prevent the issuance of a termination notice under this Section upon plea or conviction.

(C)Notwithstanding the above, no conviction or plea to a violation of Article II of Chapter 22 of the County Code shall trigger the provisions of this Section.

(D)The owner or operator shall have the right to appeal to the zoning board of appeals, per Section 8-7.1, et. seq., the decision set forth in the notice that the state law or county code violation arose from a nonconforming use that is a principal use on the property or a substantive ancillary use on the property.

§ 10-2.5

Buildings Under Construction.

Nothing in this article shall be construed to require a change in the plans, construction, or designated use of any building or structure on which actual construction was lawfully begun prior to the effective date of this Code.

§ 10-2.6

Cost to Cure Variance Due to Condemnation.

In the event that a condemning authority issues cost to cure documentation to a property owner as part of a condemnation of right of way or right of way easements or acquisition of such right of way or right of way easements in lieu of condemnation, the Department, for a period of five years following transfer of title of the acquired property or interests in property to the condemning authority, shall recognize that minimum degree of variance from those then-existing performance standards that are necessitated by the cost to cure documentation such that a land disturbance permit shall issue for the balance of the property to implement same. The property owner or successor in interest, to derive the benefit of this paragraph, shall be required to provide the Department at the time of land disturbance permit application with cost to cure documentation issued by a condemning authority as well as documentation establishing the date of transfer of title of the acquired property or interests in property to the condemning authority.