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Greenwood City Zoning Code

ARTICLE III

NONCONFORMING USES AND STRUCTURES

Sec. 66-81. - Registration of nonconforming uses.

(a)

After March 10, 1992, or after the effective date of any amendment to this chapter by which a commercial or industrial use becomes a nonconforming use, the zoning commission may instruct the zoning administrator to so notify by registered mail, the owner, of both the land on which and the structure in which the nonconforming use is located. The notice shall inform the receiver that he is required to register such nonconforming use with the zoning administrator. The required registration shall be made by the owner within three months after notice has been received. Registration statements shall contain such information as may be required by the zoning administrator. At any time after the original certification, a registration statement may be amended so as to indicate change of ownership. The acceptance by the zoning administrator of a certification statement shall not constitute authorization to operate an unlawful use.

(b)

Annually the zoning administrator may send to the persons who have registered a nonconforming use a questionnaire inquiring as to the operation, status and other details concerning the nonconforming use. Such questionnaire shall be sent by registered mail to all registrants shown by registration statements and previous questionnaires as then having a legal or equitable interest in the property, at the last addresses known to the zoning administrator. Such questionnaire shall be returned, completed, to the zoning administrator within 90 days from the date of mailing of the questionnaire to the registrant by the zoning administrator.

(Ord. No. 1-1992, § 11(51-76), 3-10-1992)

Sec. 66-82. - Regulations for nonconforming structures.

(a)

Except as provided in this section, any nonconforming structure may be occupied and operated and maintained in a state of good repair.

(b)

A nonconforming structure in which a nonconforming use is operated shall not be enlarged or extended. A nonconforming structure in which only permitted uses are operated may be enlarged or extended if the enlargement or extension can be made in compliance with all of the provisions of this chapter established for structures in the district in which the nonconforming structure is located.

(c)

A nonconforming structure damaged in any manner and from any cause whatsoever to the extent of not more than 60 percent of its replacement cost may be restored, provided that restoration is begun within one year and completed within two years of the date of the damage.

(d)

Wherein business, commercial or industrial occupancy of any structure, existing on March 10, 1992, such occupancy may be continued as a nonconforming use and the structure may be altered, enlarged or rebuilt, provided that such structural alteration conforms to this chapter.

(Ord. No. 1-1992, § 11(51-77), 3-10-1992)

Sec. 66-83. - Continuance of nonconforming building sites.

A building site which becomes nonconforming as a result of this chapter may continue to be occupied and utilized so long as such occupancy and use is otherwise lawful.

(Ord. No. 1-1992, § 11(51-78), 3-10-1992)

Sec. 66-101. - Continuance of nonconforming uses.

The lawful operation of a nonconforming use as such use existed on March 10, 1992, or on the effective date of any amendment to this chapter by which the use became a nonconforming use, may be continued; provided, however, that the number of dwelling units in a nonconforming dwelling use shall not be increased over or exceed the number of dwelling units existing in the nonconforming use on March 10, 1992.

(Ord. No. 1-1992, § 11(51-91), 3-10-1992)

Sec. 66-102. - Expansion of nonconforming uses in structures.

A nonconforming use in a structure may be extended throughout the structure, provided that no structural alterations, except those required by law or ordinance, are made therein.

(Ord. No. 1-1992, § 11(51-92), 3-10-1992)

Sec. 66-103. - Change in nonconforming uses.

The nonconforming use of a building shall be limited to the specific use in operation on the date nonconforming status was established. Any subsequent change in use shall be in compliance with the provisions of this chapter and other applicable codes.

(Ord. No. 1-1992, § 11(51-93), 3-10-1992)

Sec. 66-104. - Termination of nonconforming uses.

(a)

Except as provided in this section, a nonconforming use that has been abandoned or discontinued for a year shall not thereafter be reestablished.

(b)

A nonconforming use not enclosed in a building or structure, or one of which the use of the land is a use exercised principally out of doors and outside of a building or structure, and which was in existence on March 10, 1992, shall be permitted to continue, provided that, within 180 calendar days from the date of notification all of the land so used is enclosed by a seven-foot fence which is adequate to screen the area from public view. If a wood fence is used, it must be neatly constructed, painted and maintained in an attractive condition; a chainlink fence will be permitted if screen planting adequate to obstruct view is provided. Any fence constructed under the provisions of the chapter shall be free of all signs and advertising material and, if painted, shall be one of solid color.

(c)

The right to operate and maintain any nonconforming use shall terminate whenever the structure in which the nonconforming use is operated and maintained is damaged, destroyed or becomes obsolete or substandard beyond the limits established in this chapter for the termination of nonconforming structures.

(Ord. No. 1-1992, § 11(51-94), 3-10-1992)