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Greenville City Zoning Code

ARTICLE XII.

NONCONFORMING USES

The intent of this article is to regulate nonconforming uses of land and structures and the use of nonconforming lots and structures without placing an unreasonable or unnecessary hardship on the individual landowner.


Section 1201. - Continuance of nonconforming uses.

The lawful use of any structure or land existing at the time of the enactment of this ordinance may be continued even though such use does not conform with the provisions of this ordinance except that the nonconforming use of any structure, nonconforming use of land, or nonconforming use of a combination of land and structures, shall not be:

1201.1 Changed to another nonconforming use;

1201.2 Reestablished after discontinuance of one (1) year;

1201.3 Extended to occupy a greater area of land;

1201.4 Extended to occupy a larger floor area of a building or structure, unless such additional floor area already existed as a part of the building and structure and is manifestly arranged or designed for such use at the time of adoption or amendment of this ordinance, but no such use shall be extended to occupy any land outside said structure.

1201.5 To avoid undue hardship, nothing in this ordinance shall be deemed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this ordinance and upon which actual building construction has been carried on diligently.

Section 1202. - Limitations on the use of any land or structure by nonconforming uses.

Where at the time of passage of this ordinance lawful use of any land or structure exists which would not be permitted by the regulations imposed by this ordinance, the use may be continued so long as it remains otherwise lawful, provided:

1202.1 No nonconforming use shall be extended, altered or enlarged except in conformity with this ordinance, except in order to make the building safe, or to improve the building provided the floor area is not increased, or except to provide off-street parking within one hundred fifty (150) feet of the principal building provided the parking area is separated from abutting residential properties in a residential district by a ten (10) foot wide evergreen planted buffer strip. Should the nonconforming use of a building or structure be created solely by the failure of said building or structure to meet the minimum yard setback requirements of Article IX hereof, then a nonconforming use building or structure may be altered or enlarged to occupy a greater area of land provided that said alteration or enlargement does not violate the minimum yard setback requirements of Article IX hereof.

1202.2 A nonconforming use may be rebuilt, altered, or repaired after damage by fire, windstorm, casualty, or other means; provided, however, such structure is so reestablished to its former condition or better within one year after such damage.

1202.3 No nonconforming use shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such use at the effective date of adoption or amendment of this ordinance.

1202.4 Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land.

1202.5 No additional structure not conforming to the requirements of this ordinance shall be erected in connection with any nonconforming use of land.

(Ord. No. 1985-6, 8-15-85; Ord. No. 1988-9, 6-6-88; Ord. No. 1988-14, 8-15-88)

Section 1203. - Nonconforming structures.

Where a lawful structure exists at the effective date of adoption or amendment of this ordinance that could not be built under the terms of this ordinance by reason of restrictions on area, lot coverage, height, yards, its location on the lot, or other requirements concerning the structure, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:

1203.1 Should any nonconforming structure or nonconforming portion of a structure be damaged by fire, windstorm, casualty or other means, it may be reconstructed to its former condition or better within one year after such damage and still be permissible as a nonconforming structure under the grandfather clause; provided, however, if such structure is not so reconstructed and reestablished to its former condition or better within one year after such damage, then it shall not be reconstructed except in conformity with the provisions of this ordinance.

1203.2 Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.

(Ord. No. 1985-6, 8-15-85)