Granville City Zoning Code

ARTICLE 1307

Nonconforming Uses, Lots and Structures

1307.01 PURPOSE.

(a) This purpose of this chapter is to set forth standards and regulations regarding the continued existence of uses, structures, and lots established prior to the effective date of this Zoning Ordinance (or any amendment subsequent thereto) that do not conform to this code. These standards shall apply to all nonconforming uses, structures and lots, as defined by this code.

(b) Nothing in this section prohibits alterations or additions to or replacement of buildings or structures owned by any farm, industry, or manufacturer, or the use of land presently owned by any farm, industry, or manufacturer but not used for agricultural, industrial, or manufacturing purposes, or the use or acquisition of additional land which may be required for the protection, continuing development, or expansion of any agricultural, industrial, or manufacturing operation of any present or future satellite agricultural, industrial, or manufacturing use. (Passed 8-28-18.)

1307.02 NONCONFORMING USES.

(a) These regulations shall apply to any use of a structure or lot in any zoning district that is a nonconforming use as defined by this code. Whenever the boundaries of a zoning district shall be changed so as to transfer an area from one zoning district to another zoning district of a different classification, these regulations shall apply to any uses which thereby become nonconforming.

(b) A nonconforming use may be sold or otherwise transferred to other owners, and may be continued as long as the nonconforming use remains otherwise lawful in accordance with the provisions of this code.

(d) Nonconforming uses existing at the time this ordinance was passed, or at the time a subsequent amendment creates the nonconforming use, may extend:

(1) Within the building which housed the nonconforming use at the time this ordinance was passed, or at the time a subsequent amendment creates the nonconforming use, provided that the area to which the nonconforming use extends was manifestly designed or arranged to accommodate such use, and that no structural alterations are made within the building in order to allow the use to extend, except those that may be required by the Building Code; or

(2) Within the building which housed the nonconforming use at the time this ordinance was passed, or at the time a subsequent amendment creates the nonconforming use, provided that such enlargement or extension may occur once and shall not exceed more than twenty-five (25%) percent of the gross floor area.

(e) Nonconforming uses existing at the time this ordinance was passed, or at the time a subsequent amendment creates the nonconforming use, may enlarge the building which housed the nonconforming use at the time this ordinance was passed, or at the time a subsequent amendment creates the nonconforming use, and extend within such enlargement, provided that:

(1) The enlargement becomes an attached part of the main structure and does not utilize additional or adjoining land area other than the original parcel.

(2) The enlargement meets all requirements of this Code, including but not limited to setback and yard requirements.

(3) The enlargement is for the purpose of expanding the area housing the same use which existed at the time this ordinance was passed, or at the time a subsequent amendment creates the nonconforming use.

(4) The enlargement and extension does not:

A. Adversely affect the health, safety, and welfare of persons residing or working in the district;

B. Cause a depreciation of the value of other property and uses permitted in the district;

C. Significantly increase traffic congestion;

D. Adversely affect the privacy of persons residing in the immediate vicinity;

E. Increase the hazard in the area of fire, offensive noise, smoke, dust, debris, or other objectionable influences;

F. Adversely affect any recreational, institutional, or other authorized use;

G. Inhibit the desirability, feasibility, or likelihood of future residential or commercial development or expansion in the immediate vicinity.

(5) The enlargement or expansion brings all off-street parking requirements into conformity.

(6) The Board of Zoning Appeals may impose such other reasonable restrictions upon the proposed expansion as deemed necessary to protect the health, safety, and welfare of persons residing within the vicinity of the nonconforming use.

(7) Enlargement or extension of a nonconforming use or structure shall be null and void if construction work does not begin within one year from the date of approval, or in the even such work is suspended or abandoned at any time after the work is commenced for a period of ninety (90) days.

(8) All enlargement or extension of a nonconforming use must comply with the applicable floodplain management requirements.

(f) Upon authorization by the Board of Zoning Appeals, a non-conforming use may be changed to another equal or less intense non-conforming use.

(g) Once a non-conforming use has been changed or converted to a conforming use, it shall not thereafter be used for any nonconforming use.

(h) When a nonconforming use is discontinued for twelve (12) months, abandonment is presumed and the non-conforming use shall not be allowed to be re-established. If the property has been abandoned, then any future use of the land, buildings, or structures shall conform and be in accordance with all applicable rules, regulations, and requirements of the particular zoning district wherein the property is located. Abandonment of a nonconforming use shall be presumed if one (1) or more of the following conditions exists, indicating intent on the part of the property owner to abandon the nonconforming use:

(1) When the intent of the owner to discontinue the use is apparent;

(2) Utilities, such as water, gas, and electricity to the property have been disconnected;

(3) The property, buildings, and grounds, have fallen into disrepair as evidenced by proper code violation documentation;

(4) When the nonconforming use has been replaced by a conforming use;

(5) When the nonconforming use has been changed to a use permitted or conditional use by the Town of Granville; or

(6) The business license issued by the Town of Granville has expired.

(Passed 8-28-18.)

1307.03 NONCONFORMING STRUCTURES.

A non-conforming structure containing a use permitted in the zoning district in which it is located may continue only in accordance with the provisions of this section.

(a) Normal repair and maintenance may be performed to allow the continuation of nonconforming structures.

(b) Nonconforming structures used for a permitted use may be enlarged, provided that the enlargement shall not create any additional nonconformity or increase the degree of the existing nonconformity of such structure.

(c) Nonconforming structures and uses may enlarge principal structures by adding decks or porches provided structural nonconformities are not increased and that all requirements of this Code are met, including but not limited to setback and yard requirements.

(d) Where the nonconforming setback of a building or structure exists, the nonconforming setback may be extended along the same building line as the existing nonconforming setback, provided that in so doing, the setback itself is not further reduced.

(e) Any legal, pre-existing nonconforming structure damaged by fire, flood, explosion or other disaster event may be reconstructed and used as before, so long as the structure is damaged no more than fifty (50) percent of its reconstruction cost exclusive of foundations, if such reconstruction is undertaken within twelve (12) months of such disaster, and if the restored structure has no greater coverage and contains no greater content (measured in cubic feet) than before such disaster. An application to the Board of Zoning Appeals for permission to undertake to reconstruct the structure must be filed prior to undertaking the repairs after the use has been destroyed or damaged, otherwise any structure shall conform to and be in accordance with all applicable rules, regulations, and requirements of the particular district as provided in the Zoning Ordinance.

(f) If any building occupied by a nonconforming use is damaged more than fifty (50) percent of its reconstruction cost exclusive of foundations, such building may not be restored for any nonconforming use. (Passed 8-28-18.)

1307.04 NONCONFORMING LOTS.

A nonconforming vacant lot existing and of official record as of the effective date of this Ordinance may be developed for any of the uses permitted by these regulations in the zoning district in which it is located, provided that the use meets all applicable yard and setback requirements for the zoning district in which the lot is located.