Greenville City Zoning Code
ARTICLE XII
Nonconforming Buildings and Uses
§ 205-59 Applicability of provisions.
The following provisions shall apply to all buildings and uses existing on the effective date of this chapter which building and uses do not conform to the requirements set forth in this chapter, to all buildings and uses that become nonconforming by reasons of any subsequent amendment to this chapter and the Zoning Map which is a part thereof[1] and to all conforming buildings housing nonconforming uses.
[1]
Editor's Note: The Zoning Map is included as an attachment to this chapter.
§ 205-60 Continuance of uses.
A.
Any nonconforming use may be continued indefinitely, but it:
(1)
Shall not be enlarged, extended, reconstructed, restored (except in accordance with § 205-61C nor placed on a different portion of the lot or parcel of land occupied by such uses on the effective date of this chapter, nor shall any external evidence of such use be increased by any means whatsoever, except that the Planning Board may permit an expansion not to exceed 15% of the existing ground area of said nonconforming use, provided that the most restrictive bulk requirements specified in the district in which said nonconforming use is located shall apply to any such extension.
(2)
Shall not be extended to displace a conforming use.
(3)
Shall not be changed to another nonconforming use without a special permit from the Board of Appeals, and then only to a use which, in the opinion of the Board, is of the same or a more restricted nature.
(4)
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. The intent to resume a nonconforming use shall not confer the right to do so.
B.
Whenever two boundaries of a district shall be changed so as to transfer an area from one district to another district of a different classification, the foregoing provisions shall also apply to any nonconforming uses existing therein.
§ 205-61 Continuance of buildings.
Except as provided in § 205-64 below, no nonconforming building or a building which houses a nonconforming use shall be:
A.
Altered: structurally altered or enlarged, except that the Planning Board may permit an expansion not to exceed 15% of the existing ground floor area of said nonconforming building, provided that the most restrictive bulk requirements specified in the district in which nonconforming use is located shall apply to any extension.
B.
Removed: moved to another location where such use would be nonconforming.
C.
Restored after damage: restored for other than a conforming use after damage from any change, unless the nonconforming use is reinstated within one year of such damage; if the restoration of such building is not completed within said one-year period, the nonconforming use of such building shall be deemed to have been discontinued, unless such nonconforming use is carried on without interruption in the undamaged portion of such building.
§ 205-62 Maintenance and alterations permitted.
Normal maintenance and repair, structural alteration in and moving, reconstruction or enlargement of a building which does not house a nonconforming use, but is nonconforming as to the district regulations for lot area, lot width, front yard, side yard, rear yard, maximum height, maximum lot coverage or minimum livable floor area per dwelling is permitted if the same does not increase the degrees of, or create any new, nonconformity.
§ 205-63 Restoration to comply.
No building damaged by fire or other causes shall be repaired or rebuilt except in conformity with the regulations of this chapter.
§ 205-64 Normal maintenance.
Nothing in this chapter shall be deemed to prevent normal maintenance and repair of any building, or the carrying out upon the issuance of a building permit of major structural alterations or demolition necessary in the interest of public safety. In granting such a permit, the Building Inspector shall state the precise reason why such alterations were deemed necessary.
§ 205-65 Signs.
The nonconforming use specified below is deemed sufficiently objectionable, undesirable and out-of-character in the district in which such use is located as to depreciate the value of other property and uses permitted in the district and blight the proper and orderly development and general welfare of such district and the Town to the point that such nonconforming use shall be terminated on or before the expiration of the specified period of time after the effective date of this chapter; which period of time as specified for the purpose of permitting the amortization of the remaining value, if any, of such use: signs. In any district, any sign not of a type permitted or of a type permitted but greater than the maximum permitted size may be continued for one year following the effective date of this chapter, provided that after the expiration of that period such nonconforming use of it shall be terminated.