Greene Township Franklin County
City Zoning Code
City Zoning Code
ARTICLE VII
Nonconforming Uses, and Nonconforming Structures
§ 105-46 Nonconforming uses and structures.
A.
A nonconforming use is any lawful use of building or tract of land or both, which was in existence on August 1, 1973 (the effective date of the original Greene Township Zoning Ordinance) and which did not conform to the use regulations of the District in which it was located or any lawful use of a building or tract of land or both existing on the effective date of any amendment to this chapter which did not conform to the use regulations of the District in which it was located on the effective date of the amendment to this chapter.
B.
A nonconforming structure is any structure which was in existence on August 1, 1973 (the effective date of the original Greene Township Zoning Ordinance) which contained a use which was permitted in the District in which it was located, but which did not conform to the District's regulations for: lot area, width or depth, front, side or rear yards; maximum height; lot coverage; or minimum livable floor area per dwelling unit or any structure which was in existence on the effective date of any amendment to this chapter which contained a use which was permitted in the District in which it was located, but which did not conform to the District's regulations for: lot area, width or depth; front, side or rear yards; maximum height; lot coverage; or minimum livable floor area per dwelling unit.
C.
If at any time this chapter is amended by the adoption of more restrictive regulations in any District or by the reclassification of any area of the Township into a District with more restrictive regulations, structures and uses which at the date of the adoption of the more restrictive regulations or at the date of the reclassification of the area into a District with more restrictive regulations, as the case may be, do not conform with the said more restrictive regulations shall be considered a nonconforming structure or a nonconforming use which may continue, but which shall be subject to all the regulations relating to nonconforming structures and nonconforming uses applied as relating to the effective date of the more restrictive regulations or reclassification of the land into a more restricted District instead of relating to the regulations effective as of August 1, 1973.
D.
The following provisions shall apply to all nonconforming uses and structures existing on August 1, 1973, to all nonconforming uses and structures which became such by reason of any amendment to this chapter and to any uses or structures which become nonconforming uses or structures by reason of any future amendment to this chapter.
(1)
Nonconforming uses and structures shall not be expanded, enlarged, altered, extended, reconstructed or restored except as provided in this chapter and with the approval of the Zoning Hearing Board. A nonconforming use shall not be increased in total building coverage, total land area or total floor area to any degree greater than 30% of its original size existing as of the date the nonconformity became recognized under this chapter or any subsequent amendment thereof. This maximum increase in size for a nonconforming use shall be measured cumulatively over the life of the nonconformity. No expansion of a nonconforming structure shall exceed 30% of the amount of the nonconformance existing on the date upon which the nonconformance became recognized under this chapter or any subsequent amendment thereof. This maximum increase in size for a nonconforming structure shall be measured cumulatively over the life of the nonconformity. Any expansion, extension or enlargement of a nonconforming use or structure shall comply in its entirety with the provisions of this chapter relating to parking as provided in Article V, §§ 105-29 and 105-30.
[Amended 4-27-1999 by Ord. No. 99-2; 8-23-2016 by Ord. No. 2016-6]
(2)
Nonconforming uses and structures shall not be moved to another location where such use or structure would be nonconforming. Nonconforming uses and structures shall not be placed on a different portion of the lot or parcel of land currently occupied by such use or structure without the approval of the Zoning Hearing Board.
[Amended 8-23-2016 by Ord. No. 2016-6]
(3)
Nonconforming uses shall not be changed to another nonconforming use without the approval of the Zoning Hearing Board and then only to a use that, in the opinion of the Zoning Hearing Board, is of the same or a more restrictive nature. Expansion of a nonconforming use onto an adjacent property may be permitted only when the expansion is for the same nonconforming use and subject to the approval of the Zoning Hearing Board per requirements of § 105-46D(1). Any change in use shall void any permitted expansion.
[Amended 8-23-2016 by Ord. No. 2016-6]
(4)
Nonconforming uses shall not be reestablished if such use has been discontinued for any reason for a period of one year or more, or has been changed to or replaced by a conforming use. Intent to resume a nonconforming use shall not confer the right to do so.
(5)
Nonconforming uses and structures shall not be restored for other than a conforming use or structure after damage from any cause, unless the nonconforming use or structure is reinstated or reconstructed within one year of the occurrence of the damage. If the reinstatement or reconstruction of the use or structure is not completed within the one year period, the nonconforming use or structure shall be deemed to have been discontinued. However, a nonconforming use shall not be deemed to be discontinued if the nonconforming use is continued without interruption in an undamaged portion of the structure.
E.
Nothing in this chapter shall be deemed to prevent normal maintenance and repair of a nonconforming structure, provided that such action does not increase the degree of or create any new nonconformity with regard to such structure or prevent the carrying out upon the issuance of a building permit for major structural alterations or demolition necessary in the interest of public safety.
§ 105-47 Registration of nonconforming uses and structures.
The Zoning Officer shall be responsible for the proper registration of premises occupied by a lawful nonconforming use or structure existing on the effective date of the original Greene Township Zoning Ordinance or the effective date of any amendment to this chapter and the issuance of a certificate of nonconformance; which shall be for the purpose of insuring to the owner the right to continue such nonconformity in accordance with the provisions of this chapter. It is the property owner's responsibility to assist the Zoning Officer in the identification and registration of nonconforming uses and structures.
§ 105-48 Mineral extraction.
Property acquired for the purpose of extracting sand, gravel or other minerals therefrom and held for such purpose on August 1, 1973 (the effective date of the original Greene Township Zoning Ordinance) and any amendment to this chapter which amendment caused the use to be nonconforming shall be considered in use for such extraction whether or not such extraction has then actually commenced, and extraction, including erection of any necessary buildings or structures incidental to the extraction or processing of the deposits, will be allowed to commence and continue. In order for property to qualify hereunder, the following conditions will be considered as evidence that the property was acquired and held for the purpose of later mineral extraction:
A.
The land was acquired prior to the effective date of the original Greene Township Zoning Ordinance or any amendment thereto which caused the use to be nonconforming.
B.
The land was acquired and is owned by an individual, corporate or otherwise, engaged at the time of acquisition in the business of mineral extraction.
C.
The property has not been permanently developed, in whole or in part, for any purpose other than mineral extraction or processing.
D.
The land contains mineral deposits of a demonstrable economic value.