(A)
Continuance.
Within the districts established by this Zoning Ordinance or
amendments thereto, there may exist lots, structures, uses of land
and structures, and characteristics of use which were lawfully in
existence and operating before this Zoning Ordinance was enacted,
amended or otherwise made applicable to such lots, structures or uses,
but which do not now conform to the regulations of the district in
which they are located. It is the intent of this Zoning Ordinance
to permit such nonconforming uses to continue, as long as the standards
within this article are met.
(B)
Expansions/Enlargements.
It is further the intent of this Zoning Ordinance that nonconforming
uses shall not be enlarged upon, expanded or extended, and shall not
be used as a basis for adding other structures or uses prohibited
elsewhere in the same district.
(C)
Defined.
"Nonconforming" shall be deemed to mean that a use or structure
was lawful at the time it was begun, but could not presently be so
begun, used, or constructed under current ordinances and zoning.
(D)
Incompatibility.
Nonconforming uses are hereby declared to be incompatible with
the permitted uses in the districts involved.
(Ordinance 08-059, ex. A, adopted 5/27/08)
The following shall be considered nonconforming uses and structures:
(A)
As of
the effective date of this Ordinance, a use or structure in existence
and lawfully constructed, located and operating in accordance with
the provisions of the previous zoning ordinance or which was a nonconforming
use thereunder, and which use or structure does not now conform to
the regulations herein prescribed for such use or structure.
(B)
Annexation.
A use or structure, in existence at the time of annexation to
the City of Greenville, which was legal at the time, and which was
in regular and continuous use since that time, which does not conform
to the regulations prescribed for such use or structure. Continuous
use shall be any use which is not interrupted for six (6) months or
longer.
(C)
Conformance
to a Zoning District.
Any use that does not conform with
the regulations of the Zoning District in which it is located on the
effective date of this Zoning Ordinance or any amendment hereto shall
be deemed to be in violation of this Zoning Ordinance, and the City
shall be entitled to enforce fully the terms of this Zoning Ordinance
with respect to such use.
(Ordinance 08-059, ex. A, adopted 5/27/08)
9-3.1
The following
shall be considered nonconforming lots:
(A)
Criteria.
Any platted lot that does not conform with the regulations of this Zoning Ordinance on the effective date hereof or any amendment hereto, except as expressly provided in subsection (C) below, shall be deemed a nonconforming platted lot provided that:
(1)
Such
platted lot was in existence under and in compliance with the provisions
of the immediately prior zoning regulations; or
(2)
Such
platted lot was a lawful, nonconforming platted lot under the immediately
prior zoning regulations; or
(3)
Such
platted lot was in existence at the time of annexation into the City,
and was a legally platted subdivision of the land at such time.
(B)
Conformance
to a Zoning District.
Any other platted lot that does
not conform with the regulations of the Zoning District in which it
is located on the effective date of this Zoning Ordinance or any amendment
hereto, and except as provided in subsection (c) below, shall be deemed
to be in violation of this Zoning Ordinance, and the City shall be
entitled to enforce fully the terms of this Zoning Ordinance with
respect to such platted lot.
(C)
Conforming
Platted Lots.
The following types of platted lots shall
be deemed in conformance with the provisions of this Zoning Ordinance,
notwithstanding the fact that such lot does not meet the standards
of this Zoning Ordinance in the district in which it is located:
(D)
Use
of a Platted Lot.
Nothing in this Zoning Ordinance shall
be construed to prohibit the use of a lot that does not meet the minimum
lot standards of the Zoning District in which it is located, provided
that the lot is zoned for the land use(s) intended and the lot was
platted as a lot of record prior to the effective date of this Zoning
Ordinance.
9-3.2
Use of
such lots shall be subject to the following conditions:
(A)
In those
cases where the lot area, lot width or side yards are not more than
twenty (20) percent below the minimum specified in this Ordinance
and there are no other violations of dimensional requirements, The
City Planner is authorized to issue a building permit for a single-family
detached residence.
(B)
In those
cases where the lot area, lot width or side yard are more than twenty
(20) percent below the minimum specified in this Ordinance or other
dimensional requirements cannot be met, the Board of Adjustment is
authorized to approve a waiver from such other dimensional requirements
as cannot be met, provided that such waiver shall be as limited in
scope as possible, consistent with granting the relief contemplated
by this paragraph.
(Ordinance 08-059, ex. A, adopted 5/27/08)
9-4.1
If any
person shall have at any time after the date of enactment of this
Ordinance or its predecessor created a lot or parcel which fails to
conform with the dimensional requirements of the district in which
it is located by selling part of a lot, as defined herein, such sale
shall have no effect for purposes of this Ordinance and the lots and/or
parcels shall still be considered as part of one or more lots.
9-4.2
No variance
shall be granted to allow deviation from the applicable dimensional
requirements on any part of such lot, regardless of the ownership.
(Ordinance 08-059, ex. A, adopted 5/27/08)
9-4A.1
Any
nonconforming use of land or structure may be continued subject to
the following.[.]
(A)
Continuation
shall be subject to such regulations as the Board of Adjustment may
require for immediate preservation of adjoining property prior to
the ultimate removal of the nonconforming use.
(B)
The
lawful use of any building, structure, sign or land in accordance
with the terms of the zoning regulations by which the use was established,
or in the case of annexed property, in accordance with the regulations
under which the use was created may be continued.
(C)
Abatement
of such use or structure within a given period of time may be required
by the City, provided, however, the right to continue such nonconforming
use or use of such structure shall be subject to regulations prohibiting
nuisances and shall be terminated when such use or structure constitutes
a nuisance.
(D)
A nonconforming
structure occupied by a nonconforming use may be re-occupied by a
conforming use, following abandonment of the nonconforming use.
(Ordinance 08-059, ex. A, adopted 5/27/08)
9-5.1
A nonconforming
use shall not be changed to another nonconforming use except as permitted
by the Zoning Board of Adjustment (ZBA).
9-5.2
A nonconforming
use may be changed to a conforming use provided that, once such change
is made, the use shall not be changed back to a nonconforming use.
9-5.3
A conforming
use located in a nonconforming structure may be changed to another
conforming use, but shall not be changed to a nonconforming use.
(Ordinance 08-059, ex. A, adopted 5/27/08)
9-6.1
If a structure
occupied by a nonconforming use is destroyed by fire, the elements
or other cause, it may not be rebuilt except in conformance with the
provisions of this Ordinance.
9-6.2
In the
event of partial destruction of a nonconforming use not exceeding
fifty (50) percent of its reasonable value, reconstruction shall be
permitted, but the size or function of the nonconforming use shall
not be expanded.
9-6.3
In the
case of partial destruction of a nonconforming structure or a structure
occupied by a nonconforming use where more than fifty percent (50%)
but less than one hundred percent (100%) of the structure’s
current replacement value is destroyed, the Board of Adjustment may
grant a permit for repair of such structure, but the size or function
of the nonconforming use shall not be expanded.
9-6.4
Any repair permitted according to this Section 9-6 shall be completed within one year (365 calendar days) following the event that caused the partial destruction. If reconstruction is delayed by contested insurance claims, litigation, or some other similar cause, then the one-year reconstruction period may be extended by the Community Development Director.
9-6.5
In determining
the reasonable value (as referenced herein) of any nonconforming structure,
there shall not be included therein the cost of land or any factors
other than the nonconforming structure itself including foundation.
(Ordinance 08-059, ex. A, adopted 5/27/08)
9-7.1
Use Expansion
Within the Structure.
A nonconforming use may be extended
throughout the structure in which it is located, provided that:
(1)
The structure
or its premises shall not be enlarged or increased in height, in floor
area or in land area to accommodate extension of the nonconforming
use;
(2)
No alteration
shall be made to the structure occupied by the nonconforming use,
except those alterations that are required by law to preserve the
integrity of the structure and alterations that would upgrade the
quality, safety or aesthetic appeal of the structure; and
(3)
The number
of dwelling units occupying the structure shall not exceed the number
of dwelling units existing at the time the use became nonconforming.
9-7.2
Use Expansion
Outside of the Structure.
A nonconforming use occupying
a structure shall not be extended to occupy land outside the structure.
9-7.3
Use or
Structure Expansion.
A nonconforming use or structure
shall not be enlarged, increased or extended to occupy a greater area
of land than was occupied at the time the use or structure became
nonconforming, except to provide additional off-street parking or
loading areas required by this Zoning Ordinance.
(Ordinance 08-059, ex. A, adopted 5/27/08)
9-8.1
Considered
Abandoned.
A nonconforming use of any building or structure
which has been abandoned shall not thereafter be returned to any nonconforming
use. A nonconforming use shall be considered abandoned when:
(A)
It has
been replaced with a conforming use; or
(B)
Such
building or structure is or hereafter becomes vacant and remains unoccupied
or out of use for a continuous period of six (6) months, or the special
equipment and furnishings peculiar to the nonconforming use have been
removed from the premises and have not been replaced within such six
(6) month period; or
(C)
In the
case of a temporary use, the use is moved from the premises for any
length of time.
9-8.2
Future
Use After Abandonment.
If a nonconforming use or structure
is abandoned, any future use of the premises shall be in conformity
with the provisions of this Zoning Ordinance, as amended, and with
any other applicable City codes or ordinances that are in effect at
the time the use is resumed or the structure is re-occupied.
(Ordinance 08-059, ex. A, adopted 5/27/08)
9-9.1
No presently
illegal use shall be deemed to have been legalized unless such use
falls within a zoning district where the actual use is a conforming
use.
9-9.2
Uses not
legalized by conformity shall remain nonconforming uses where recognized.
(Ordinance 08-059, ex. A, adopted 5/27/08)
9-10.1
Repairs
(A)
Nothing in this Article shall prevent the owner of a building or structure containing a nonconforming use from making such repairs as are necessary to maintain the building or structure in a safe and lawful condition, unless such repairs exceed fifty percent (50%) of the structure’s replacement cost (refer to Section 9-6 of this Zoning Ordinance), in accordance with applicable building and safety codes and applicable orders of any City of Greenville official.
(B)
Substandard
Nonconforming Structure.
The right to operate and maintain
any nonconforming structure shall terminate and shall cease to exist
whenever the nonconforming structure becomes substandard under any
applicable ordinance of the City and the cost of placing such structure
in lawful compliance when the applicable ordinance exceeds fifty percent
(50%) of the replacement cost of such structure on the date that the
Building Official determines that such structure is substandard.
9-10.2
Relocation.
No nonconforming structure or building shall be moved in whole
or in part to any other location on the lot, or to any other location
or lot, unless every portion of such structure is in compliance with
all the regulations of the zoning district wherein the structure is
to be relocated.
(Ordinance 08-059, ex. A, adopted 5/27/08)
9-11.1
Criteria
Upon written request of the property owner, the Board of Adjustment
may grant special exceptions to the provisions of this article, limited
to and in accordance with the following:
(A)
Expansion
of a nonconforming use within an existing structure provided that,
in the case of a nonconforming residential use, such expansion does
not increase the number of dwelling units to more than the number
existing when the use first became nonconforming.
(B)
Expansion
of the gross floor area of a nonconforming structure provided that
such expansion does not decrease any existing setback.
(C)
Change
from one nonconforming use to another, re-construction of a nonconforming
structure that has been totally destroyed, or resumption of a nonconforming
use previously abandoned, only upon finding that the failure to grant
the special exception deprives the property owner of substantially
all use or economic value of the land.
(D)
In granting special exceptions under this Section 9-11, the Board of Adjustment may impose such criteria as are necessary to protect adjacent property owners and to ensure the public health, safety and general welfare, including specifying the period during which the nonconforming use may continue to operate or exist before having to conform to the standards of this Zoning Ordinance.
9-11.2
Granting
Special Exceptions
The Board of Adjustment may grant
special exceptions for the following:
(A)
To interpret
the provisions of this Ordinance in a way so as to carry out the intent
and purpose of this Ordinance, adjust districts where the street layout
actually on the ground varies from the street layout as shown on the
maps.
(B)
To waive
or reduce the parking and loading requirements in an amount not exceeding
thirty-three percent (33%) of the normal requirement in any of the
districts for one or more of the following situations, whenever the
character or use of the building makes unnecessary the full provision
of parking or loading facilities or where the regulations would impose
an unreasonable hardship upon the use of the property, as contrasted
with merely granting an advantage or a convenience:
(1)
Housing
specifically designed and intended for use by the elderly, disabled,
or other occupants typically having a lower expectation of automobile
ownership;
(2)
Adaptive
reuse or restoration of an historically or architecturally significant
structure;
(3)
Expansion
of a nonprofit, public or social service use on an existing site;
and
(4)
Conversion
of a nonconforming use to what would otherwise be a conforming use,
except for the parking and loading requirements.
(C)
To allow off-site parking where all or part of the minimum number of parking spaces required in Section 5-3 (Off-Street Parking and Loading) of this Zoning Ordinance are located within three hundred feet (300') on a lot or tract of land that is legally separate from the property containing the principal use served by the parking area, provided that:
(1)
Both
lots or tracts are under the same ownership; or
(2)
It
can be established that two or more uses, applying jointly and concurrently
for the special exception, will be sharing a parking area that may
be on property that is not under the same ownership as one or more
of the uses to be served by the parking, where the shared parking
area has a capacity of at least the minimum number of spaces for the
use having the greatest minimum requirement, where all uses have their
primary need for parking during offsetting periods so that the parking
area will be utilized by only one principal use at a time, and where
the arrangement is documented through a long-term lease or other written
agreement.
(E)
To allow
a change to another nonconforming use. If no structural alterations
are made, any nonconforming use of a structure or structure and premises
in combination may, as a special exception, be changed to another
nonconforming use, provided the Board of Adjustment finds that the
proposed nonconforming use is not more nonconforming in the district
than the previously existing nonconforming use.
(F)
To allow
the City to issue a building permit for expansion of a preexisting
nonconforming use that is not in compliance with the Future Land Use
Plan Map and/or zoning district when the Board of Adjustment determines
that this special exception will not adversely impact water, wastewater,
drainage, and street transportation systems, and is in accord with
all City codes and applicable Comprehensive Plan policies, including
those pertaining specifically to land use compatibility.
(G)
To allow
for a reasonable amount of time for a nonconforming use to be brought
to a lesser-nonconforming status or to a conforming status by allowing
an applicant to make improvements to an existing, developed property
or building over a period of time, instead of requiring such improvements
to be made immediately, or prior to a Certificate of Occupancy.
(Ordinance 08-059, ex. A, adopted 5/27/08)
