Greenville City Zoning Code
ARTICLE IX
NONCONFORMING SITUATIONS
§ 9-1 Intent & Definition.
(A)
Continuance.
Within the districts established by this Zoning Ordinance or amendments thereto, there may exist lots, structures, uses of land and structures, and characteristics of use which were lawfully in existence and operating before this Zoning Ordinance was enacted, amended or otherwise made applicable to such lots, structures or uses, but which do not now conform to the regulations of the district in which they are located. It is the intent of this Zoning Ordinance to permit such nonconforming uses to continue, as long as the standards within this article are met.
(B)
Expansions/Enlargements.
It is further the intent of this Zoning Ordinance that nonconforming uses shall not be enlarged upon, expanded or extended, and shall not be used as a basis for adding other structures or uses prohibited elsewhere in the same district.
(C)
Defined.
"Nonconforming" shall be deemed to mean that a use or structure was lawful at the time it was begun, but could not presently be so begun, used, or constructed under current ordinances and zoning.
(D)
Incompatibility.
Nonconforming uses are hereby declared to be incompatible with the permitted uses in the districts involved.
(Ordinance 08-059, ex. A, adopted 5/27/08)
§ 9-2 Nonconforming Uses and Structures.
The following shall be considered nonconforming uses and structures:
(A)
As of the effective date of this Ordinance, a use or structure in existence and lawfully constructed, located and operating in accordance with the provisions of the previous zoning ordinance or which was a nonconforming use thereunder, and which use or structure does not now conform to the regulations herein prescribed for such use or structure.
(B)
Annexation.
A use or structure, in existence at the time of annexation to the City of Greenville, which was legal at the time, and which was in regular and continuous use since that time, which does not conform to the regulations prescribed for such use or structure. Continuous use shall be any use which is not interrupted for six (6) months or longer.
(C)
Conformance to a Zoning District.
Any use that does not conform with the regulations of the Zoning District in which it is located on the effective date of this Zoning Ordinance or any amendment hereto shall be deemed to be in violation of this Zoning Ordinance, and the City shall be entitled to enforce fully the terms of this Zoning Ordinance with respect to such use.
(Ordinance 08-059, ex. A, adopted 5/27/08)
§ 9-3 Nonconforming Lots.
9-3.1
The following shall be considered nonconforming lots:
(A)
Criteria.
Any platted lot that does not conform with the regulations of this Zoning Ordinance on the effective date hereof or any amendment hereto, except as expressly provided in subsection (C) below, shall be deemed a nonconforming platted lot provided that:
(1)
Such platted lot was in existence under and in compliance with the provisions of the immediately prior zoning regulations; or
(2)
Such platted lot was a lawful, nonconforming platted lot under the immediately prior zoning regulations; or
(3)
Such platted lot was in existence at the time of annexation into the City, and was a legally platted subdivision of the land at such time.
(B)
Conformance to a Zoning District.
Any other platted lot that does not conform with the regulations of the Zoning District in which it is located on the effective date of this Zoning Ordinance or any amendment hereto, and except as provided in subsection (c) below, shall be deemed to be in violation of this Zoning Ordinance, and the City shall be entitled to enforce fully the terms of this Zoning Ordinance with respect to such platted lot.
(C)
Conforming Platted Lots.
The following types of platted lots shall be deemed in conformance with the provisions of this Zoning Ordinance, notwithstanding the fact that such lot does not meet the standards of this Zoning Ordinance in the district in which it is located:
(D)
Use of a Platted Lot.
Nothing in this Zoning Ordinance shall be construed to prohibit the use of a lot that does not meet the minimum lot standards of the Zoning District in which it is located, provided that the lot is zoned for the land use(s) intended and the lot was platted as a lot of record prior to the effective date of this Zoning Ordinance.
9-3.2
Use of such lots shall be subject to the following conditions:
(A)
In those cases where the lot area, lot width or side yards are not more than twenty (20) percent below the minimum specified in this Ordinance and there are no other violations of dimensional requirements, The City Planner is authorized to issue a building permit for a single-family detached residence.
(B)
In those cases where the lot area, lot width or side yard are more than twenty (20) percent below the minimum specified in this Ordinance or other dimensional requirements cannot be met, the Board of Adjustment is authorized to approve a waiver from such other dimensional requirements as cannot be met, provided that such waiver shall be as limited in scope as possible, consistent with granting the relief contemplated by this paragraph.
(Ordinance 08-059, ex. A, adopted 5/27/08)
§ 9-4 No Variance for Illegal Lots.
9-4.1
If any person shall have at any time after the date of enactment of this Ordinance or its predecessor created a lot or parcel which fails to conform with the dimensional requirements of the district in which it is located by selling part of a lot, as defined herein, such sale shall have no effect for purposes of this Ordinance and the lots and/or parcels shall still be considered as part of one or more lots.
9-4.2
No variance shall be granted to allow deviation from the applicable dimensional requirements on any part of such lot, regardless of the ownership.
(Ordinance 08-059, ex. A, adopted 5/27/08)
§ 9-4A Continuation of Nonconformities.
9-4A.1
Any nonconforming use of land or structure may be continued subject to the following.[.]
(A)
Continuation shall be subject to such regulations as the Board of Adjustment may require for immediate preservation of adjoining property prior to the ultimate removal of the nonconforming use.
(B)
The lawful use of any building, structure, sign or land in accordance with the terms of the zoning regulations by which the use was established, or in the case of annexed property, in accordance with the regulations under which the use was created may be continued.
(C)
Abatement of such use or structure within a given period of time may be required by the City, provided, however, the right to continue such nonconforming use or use of such structure shall be subject to regulations prohibiting nuisances and shall be terminated when such use or structure constitutes a nuisance.
(D)
A nonconforming structure occupied by a nonconforming use may be re-occupied by a conforming use, following abandonment of the nonconforming use.
(Ordinance 08-059, ex. A, adopted 5/27/08)
§ 9-5 Change in Nonconforming Use.
9-5.1
A nonconforming use shall not be changed to another nonconforming use except as permitted by the Zoning Board of Adjustment (ZBA).
9-5.2
A nonconforming use may be changed to a conforming use provided that, once such change is made, the use shall not be changed back to a nonconforming use.
9-5.3
A conforming use located in a nonconforming structure may be changed to another conforming use, but shall not be changed to a nonconforming use.
(Ordinance 08-059, ex. A, adopted 5/27/08)
§ 9-6 Destruction of Nonconforming Structure.
9-6.1
If a structure occupied by a nonconforming use is destroyed by fire, the elements or other cause, it may not be rebuilt except in conformance with the provisions of this Ordinance.
9-6.2
In the event of partial destruction of a nonconforming use not exceeding fifty (50) percent of its reasonable value, reconstruction shall be permitted, but the size or function of the nonconforming use shall not be expanded.
9-6.3
In the case of partial destruction of a nonconforming structure or a structure occupied by a nonconforming use where more than fifty percent (50%) but less than one hundred percent (100%) of the structure’s current replacement value is destroyed, the Board of Adjustment may grant a permit for repair of such structure, but the size or function of the nonconforming use shall not be expanded.
9-6.4
Any repair permitted according to this Section 9-6 shall be completed within one year (365 calendar days) following the event that caused the partial destruction. If reconstruction is delayed by contested insurance claims, litigation, or some other similar cause, then the one-year reconstruction period may be extended by the Community Development Director.
9-6.5
In determining the reasonable value (as referenced herein) of any nonconforming structure, there shall not be included therein the cost of land or any factors other than the nonconforming structure itself including foundation.
(Ordinance 08-059, ex. A, adopted 5/27/08)
§ 9-7 Expansion or Increase of Nonconforming Use.
9-7.1
Use Expansion Within the Structure.
A nonconforming use may be extended throughout the structure in which it is located, provided that:
(1)
The structure or its premises shall not be enlarged or increased in height, in floor area or in land area to accommodate extension of the nonconforming use;
(2)
No alteration shall be made to the structure occupied by the nonconforming use, except those alterations that are required by law to preserve the integrity of the structure and alterations that would upgrade the quality, safety or aesthetic appeal of the structure; and
(3)
The number of dwelling units occupying the structure shall not exceed the number of dwelling units existing at the time the use became nonconforming.
9-7.2
Use Expansion Outside of the Structure.
A nonconforming use occupying a structure shall not be extended to occupy land outside the structure.
9-7.3
Use or Structure Expansion.
A nonconforming use or structure shall not be enlarged, increased or extended to occupy a greater area of land than was occupied at the time the use or structure became nonconforming, except to provide additional off-street parking or loading areas required by this Zoning Ordinance.
(Ordinance 08-059, ex. A, adopted 5/27/08)
§ 9-8 Abandonment of Nonconforming Use.
9-8.1
Considered Abandoned.
A nonconforming use of any building or structure which has been abandoned shall not thereafter be returned to any nonconforming use. A nonconforming use shall be considered abandoned when:
(A)
It has been replaced with a conforming use; or
(B)
Such building or structure is or hereafter becomes vacant and remains unoccupied or out of use for a continuous period of six (6) months, or the special equipment and furnishings peculiar to the nonconforming use have been removed from the premises and have not been replaced within such six (6) month period; or
(C)
In the case of a temporary use, the use is moved from the premises for any length of time.
9-8.2
Future Use After Abandonment.
If a nonconforming use or structure is abandoned, any future use of the premises shall be in conformity with the provisions of this Zoning Ordinance, as amended, and with any other applicable City codes or ordinances that are in effect at the time the use is resumed or the structure is re-occupied.
(Ordinance 08-059, ex. A, adopted 5/27/08)
§ 9-9 Legalization of Nonconforming Use.
§ 9-10 Repairs & Relocation.
9-10.1
Repairs
(A)
Nothing in this Article shall prevent the owner of a building or structure containing a nonconforming use from making such repairs as are necessary to maintain the building or structure in a safe and lawful condition, unless such repairs exceed fifty percent (50%) of the structure’s replacement cost (refer to Section 9-6 of this Zoning Ordinance), in accordance with applicable building and safety codes and applicable orders of any City of Greenville official.
(B)
Substandard Nonconforming Structure.
The right to operate and maintain any nonconforming structure shall terminate and shall cease to exist whenever the nonconforming structure becomes substandard under any applicable ordinance of the City and the cost of placing such structure in lawful compliance when the applicable ordinance exceeds fifty percent (50%) of the replacement cost of such structure on the date that the Building Official determines that such structure is substandard.
9-10.2
Relocation.
No nonconforming structure or building shall be moved in whole or in part to any other location on the lot, or to any other location or lot, unless every portion of such structure is in compliance with all the regulations of the zoning district wherein the structure is to be relocated.
(Ordinance 08-059, ex. A, adopted 5/27/08)
§ 9-11 Special Exceptions for Nonconformities.
9-11.1
Criteria
Upon written request of the property owner, the Board of Adjustment may grant special exceptions to the provisions of this article, limited to and in accordance with the following:
(A)
Expansion of a nonconforming use within an existing structure provided that, in the case of a nonconforming residential use, such expansion does not increase the number of dwelling units to more than the number existing when the use first became nonconforming.
(B)
Expansion of the gross floor area of a nonconforming structure provided that such expansion does not decrease any existing setback.
(C)
Change from one nonconforming use to another, re-construction of a nonconforming structure that has been totally destroyed, or resumption of a nonconforming use previously abandoned, only upon finding that the failure to grant the special exception deprives the property owner of substantially all use or economic value of the land.
(D)
In granting special exceptions under this Section 9-11, the Board of Adjustment may impose such criteria as are necessary to protect adjacent property owners and to ensure the public health, safety and general welfare, including specifying the period during which the nonconforming use may continue to operate or exist before having to conform to the standards of this Zoning Ordinance.
9-11.2
Granting Special Exceptions
The Board of Adjustment may grant special exceptions for the following:
(A)
To interpret the provisions of this Ordinance in a way so as to carry out the intent and purpose of this Ordinance, adjust districts where the street layout actually on the ground varies from the street layout as shown on the maps.
(B)
To waive or reduce the parking and loading requirements in an amount not exceeding thirty-three percent (33%) of the normal requirement in any of the districts for one or more of the following situations, whenever the character or use of the building makes unnecessary the full provision of parking or loading facilities or where the regulations would impose an unreasonable hardship upon the use of the property, as contrasted with merely granting an advantage or a convenience:
(1)
Housing specifically designed and intended for use by the elderly, disabled, or other occupants typically having a lower expectation of automobile ownership;
(2)
Adaptive reuse or restoration of an historically or architecturally significant structure;
(3)
Expansion of a nonprofit, public or social service use on an existing site; and
(4)
Conversion of a nonconforming use to what would otherwise be a conforming use, except for the parking and loading requirements.
(C)
To allow off-site parking where all or part of the minimum number of parking spaces required in Section 5-3 (Off-Street Parking and Loading) of this Zoning Ordinance are located within three hundred feet (300') on a lot or tract of land that is legally separate from the property containing the principal use served by the parking area, provided that:
(1)
Both lots or tracts are under the same ownership; or
(2)
It can be established that two or more uses, applying jointly and concurrently for the special exception, will be sharing a parking area that may be on property that is not under the same ownership as one or more of the uses to be served by the parking, where the shared parking area has a capacity of at least the minimum number of spaces for the use having the greatest minimum requirement, where all uses have their primary need for parking during offsetting periods so that the parking area will be utilized by only one principal use at a time, and where the arrangement is documented through a long-term lease or other written agreement.
(E)
To allow a change to another nonconforming use. If no structural alterations are made, any nonconforming use of a structure or structure and premises in combination may, as a special exception, be changed to another nonconforming use, provided the Board of Adjustment finds that the proposed nonconforming use is not more nonconforming in the district than the previously existing nonconforming use.
(F)
To allow the City to issue a building permit for expansion of a preexisting nonconforming use that is not in compliance with the Future Land Use Plan Map and/or zoning district when the Board of Adjustment determines that this special exception will not adversely impact water, wastewater, drainage, and street transportation systems, and is in accord with all City codes and applicable Comprehensive Plan policies, including those pertaining specifically to land use compatibility.
(G)
To allow for a reasonable amount of time for a nonconforming use to be brought to a lesser-nonconforming status or to a conforming status by allowing an applicant to make improvements to an existing, developed property or building over a period of time, instead of requiring such improvements to be made immediately, or prior to a Certificate of Occupancy.
(Ordinance 08-059, ex. A, adopted 5/27/08)