Fulton Nonconforming uses ordinance (§ 120-203)

(a) Continuance of nonconforming uses. The lawful use of land existing at the time of the passage of this chapter, although such use does not conform to the provisions hereof, may be continued, but if such nonconforming use is discontinued for over a period of 180 days, any future use of said premises shall be in conformity with the provisions of this chapter.

The lawful use of a building existing at the time of the adoption of this chapter may be continued, and in certain cases altered, although such use does not conform with the provisions herein. Specifically, nonconforming single-family residential uses may be altered or added to in accordance with appropriate provisions of this chapter regarding height, yard and density requirements of specific zoning districts. In multifamily residential uses, including two-family dwellings and all commercial, industrial, agricultural, mobile home and public uses, no structural alterations, except those required by law or in conformity with subsection 120-203(b) of this chapter will be made. Furthermore, in the event that active nonconforming uses cease for more than 180 days, future use of said premises shall be in conformity with district classifications and regulations provided in this chapter.

A nonconforming use, if changed to a conforming use or more restricted nonconforming use, may not thereafter be changed back to a less restricted use than that to which it was changed. If any property is hereafter transferred to a more restricted district by a change in the district boundaries, or the regulations and restrictions in any district are made more restrictive or of a higher classification by amendment to this chapter, the provisions for premises existing at the time of the passage of this chapter shall apply to buildings or premises occupied or used at the time of the passage of such amendment.

The lot area per family restrictions shall not apply to lots where the lot, together with all contiguous land owned by the owner of the lot at the time of the passage of this chapter and by the owner of the said lot at the time of the proposed construction is, at both such times, less than the permitted area; however, only a singlefamily dwelling may be erected under this exception.

The burden of proof shall at all times rest upon any person claiming an exception or exemption under subsections 120-203(a) and (b) of this chapter.

(b) Restoration of nonconforming building. Nothing in this chapter shall prevent the restoration of a nonconforming building partly destroyed by fire, explosion, act of God, or act of public enemy, subsequent to the passage of this chapter, or prevent the continuance of the use of such building or part thereof as such use exists at the time of such destruction of such building or part thereof, or prevent a change of such existing use under the limitations provided herein; provided, that such building is not destroyed more than 75 percent of its reasonable valuation.

This chapter shall prevent the restoration of such nonconforming building so damaged not more than 75 percent of the reasonable valuation, if the restoration is not completed within One year from the time of said damage, and shall prevent the continuance of the use of such building or part thereof as such use exists at the

time of such damage if such is not restored within One year from the time of said damage, and shall prevent a change of such existing use under the limitations herein if the changes of such existing use under the limitations herein are not made within one year from the time of said damage.

(c) Conditional uses not conforming. Existing uses eligible for conditional use permits shall be nonconforming uses, but shall require a conditional use permit for any alteration, enlargement or extension.

(d) Intermittent use. The casual, intermittent, temporary or illegal use of land or buildings shall not be sufficient to establish the existence of a nonconforming use, and the existence of a nonconforming use on part of a lot or tract shall not be construed to establish a nonconforming use on the entire lot or tract.

(e) Existence of nonconforming use. Whether a nonconforming use exists shall be a question of fact and shall be decided by the board, after public notice and hearing in accordance with the rules of the board.

(f) Nonconforming uses not validated. A nonconforming use in violation of a provision of the former zoning ordinance, which Ord. No. 1583-22 repeals, shall not be validated by the adoption of this chapter.