The requirements imposed by this Code are designed to guide the use of land by encouraging the development of structures and uses that are compatible with the predominant character of each of the various residential, business, and industrial districts. Lots, structures, and uses of land or structures that do not conform to the requirements of the district in which they are located impede appropriate development. For example, nonconformities are frequently responsible for heavy traffic on residential streets, the overtaxing of parking facilities, the emission of noxious fumes or excessive noise, and/or the lowering of property values. The regulations in this chapter are intended to alleviate such existing/potential problems by encouraging the gradual elimination of nonconformities.

(Ord. passed 8-3-2022)

Any vacant lot, that does not conform to one or more of the lot size requirements of the district in which it is located, may be used in the manner indicated at sections 9-6-2-1 and 9-6-2-2 if it:

   A.   Is of record on the date of the adoption or amendment of this Code; and

   B.   Was not created after the adoption of the City of Grafton Zoning Code.

   C.   Is at least thirty feet (30') wide.

(Ord. passed 8-3-2022)

On any such lot located in any district, any permitted structures may be erected, provided all the bulk (see definitions) and setback regulations of the particular district are observed.

(Ord. passed 8-3-2022)

On any such lot located in the business or industrial districts, any structure permitted in the particular district may be erected if the bulk and setback requirements of that district are met.

(Ord. passed 8-3-2022)

If two (2) or more lots or combinations of lots and portions of lots with continuous frontage were of record and in common ownership on the effective date of the enactment or amendment of this Code, and if one (1) or more of those lots does not meet the minimum lot width, depth, and area requirements of the district in which they are located, the land involved shall be considered an undivided parcel for the purposes of this Code. No portion of any such parcel shall be developed except in compliance with this Code, nor shall any such parcel be divided so as to create a lot that does not meet the requirements of this Code.

(Ord. passed 8-3-2022)

Any lawful structure which exists on the date of the enactment or amendment of this Code, but which could not be erected under the terms of this Code because of restrictions on lot size, height, setbacks, lot coverage, or other characteristics of the structure, or its location on the lot, may lawfully remain, subject to the following provisions:

   A.   Enlargement, Alterations: No such structure shall be enlarged or altered in any way which increases its nonconformity.

   B.   Relocation: No such structure shall be relocated unless, after relocation, it will conform to all the regulations of the district in which it is located.

   C.   Reconstruction: No structure which is destroyed or damaged by any means shall be reconstructed if the Administrator determines that the cost of such reconstruction exceeds fifty percent (50%) of the structure's market value at the time of loss, unless after reconstruction the structure will conform to all applicable regulations of the district in which it is located. In the event the Administrator determines the estimated cost of reconstruction is less than fifty percent (50%) of the structure's market value at the time of loss, repairs or reconstruction shall be permitted, provided such work starts within six (6) months from the date the damage occurred and is diligently pursued to completion.

A bona fide construction contractor or adjuster shall make the reconstruction cost estimate, and a licensed real estate appraiser shall determine the structure's market value at the time of loss. The owner of the damaged structure shall be responsible for transmitting these estimates to the Administrator.

(Ord. passed 8-3-2022)

If any lawful use occupying a structure exists on the effective date of the enactment or amendment of this Code, but would not be allowed under the terms of this Code, such a use may lawfully continue, subject to the following provisions:

   A.   Maintenance: Any structure housing a nonconforming use may be maintained through ordinary repairs.

   B.   Enlargement, Alteration, Reconstruction, Relocation: No structure housing a nonconforming use shall be enlarged, structurally altered, reconstructed or relocated unless the use of the structure is changed to a permitted use.

   C.   Extension Of Use: No nonconforming use may be extended to any part(s) of the structure not intended or designed to be devoted to such use, nor shall the nonconforming use be extended to occupy any land outside such structure.

   D.   Change Of Use: A nonconforming use occupying a structure shall not be changed except to a use permitted under the applicable district regulations.

   E.   Discontinuance Of Use: When a nonconforming use of a structure, or of a structure and premises in combination, is discontinued for twelve (12) consecutive months or for eighteen (18) months during any three (3) year period, the nonconforming use shall not thereafter be resumed. Any discontinuance caused by government action and without any contributing fault by the nonconforming user shall not be counted in calculating the length of discontinuance.

(Ord. passed 8-3-2022)

Any lawful use of land existing on the date of the adoption or amendment of this Code that would not be permitted under the terms of this Code may lawfully continue, subject to the following provisions:

   A.   Intensification Or Extension Of Use: A nonconforming use of land shall not be intensified, or extended to occupy a greater area of land than was occupied by such use on the date of the adoption or amendment of this Code.

   B.   Relocation: No nonconforming use of land shall be moved, in whole or in part, unless, upon relocation, such use will conform to all pertinent regulations of the district in which it will be located.

   C.   Change Of Use: A nonconforming use of land shall not be changed except to a use that is permitted under the applicable district regulations.

   D.   Discontinuance: When a nonconforming use of land is discontinued for a period of twelve (12) consecutive months, it shall not thereafter be resumed, and any subsequent use of such land shall conform to the applicable district regulations. Any discontinuance caused by government action and without any contributing fault by the owner or operator shall not be counted in calculating the length of discontinuance.

(Ord. passed 8-3-2022)

The regulations of this chapter shall not apply to any change in an existing structure or to any change in the use of a structure or of land for which a permit was issued prior to enactment of this Code or any pertinent amendment thereto, provided that the work authorized by such permit is carried out and completed with diligence.

(Ord. passed 8-3-2022)