Zoneomics Logo
search icon

Greenwood Clark County
City Zoning Code

ARTICLE F

NONCONFORMING USES, STRUCTURES AND LOTS

Sec 13-1-80 Lawful Nonconforming Use Of Structure Or Land

  1. The lawful nonconforming use of a structure or land, including but not limited to fences, parking and zoning setbacks existing at the time of the adoption or amendment of this Chapter may be continued although the use does not conform with the provisions of this Chapter. However, only that portion of the land in actual use may be so continued and the structure may not be extended, enlarged, reconstructed, substituted, moved or structurally altered except when required to do so by law or order or so as to comply with the provisions of this Chapter.
  2. If no structural alterations are made, a nonconforming use of a building may be changed to any use permitted in the same use district as that in which the use existing is permitted according to the provisions of this Chapter; provided when a use district is changed, any existing, nonconforming use in such changed district may be continued or changed to a use permitted in the same use district as that in which the existing use is permitted; provided all other regulations governing the new use are complied with.
  3. Substitution of new equipment may be permitted by the Board of Zoning Appeals if such equipment will reduce the incompatibility of the nonconforming use with the neighboring uses.

Sec 13-1-81 Termination Or Discontinuance Of Use; Rebuilding

  1. Termination. If such nonconforming use is discontinued or terminated for a period of twelve (12) months, any future use of the structure or land shall conform to the provisions of this Chapter.
  2. Building Destroyed by Fire. Where a building located in a district restricted against its use has been destroyed by fire or other calamity to the extent of not more than fifty percent (50%) of its assessed value, the same may be rebuilt; but where such a building is destroyed to the extent of more than fifty percent (50%) of its assessed value, a permit may be granted for its reconstruction within twelve (12) months from the date of such fire or other calamity, except any public utility located in a restricted district shall be permitted to rebuild, alter or enlarge in any business or industrial district as the interest of the public demands.

Sec 13-1-82 Existing Nonconforming Structures

The lawful nonconforming structure existing at the time of the adoption or amendment of this Chapter may be continued although its size or location does not conform with the lot width, lot area, yard, height, parking and loading, and access provisions of this Chapter. However, it shall not be extended, enlarged, reconstructed, moved or structurally altered except when required to do so by law or order or so as to comply with the provisions of this Chapter.

Sec 13-1-83 Changes To And Substitutions Of Uses

Once a nonconforming use or structure has been changed to conform, it shall not revert back to a nonconforming use or structure. Once the Board of Zoning appeals has permitted the substitution of a more restrictive nonconforming use for an existing nonconforming use, the substituted use shall lose its status as a legal nonconforming use and become subject to all the conditions required by the Board of Zoning Appeals.

Sec 13-1-84 Substandard Lots

In any residential district, a one-family detached dwelling and its accessory structures may be erected on any legal lot or parcel, providing such lot or parcel was of record in the County Register of Deeds office before the original effective date or amendment of this Chapter. Such lot or parcel shall be in a separate ownership from abutting lands. If abutting lands and the substandard lot are owned by the same owner, the substandard lot shall not be sold or used without full compliance with the provisions of this Chapter. If in separate ownership, all the district requirements shall be complied with insofar as practical, but shall not be less than the following:

  1. Lot Size.
    1. Width: Minimum forty (40) feet.
    2. Area: Minimum five thousand (5,000) square feet.
  2. Building.
    1. Height: Maximum thirty (30) feet.
  3. Yards.
    1. Street: Minimum twenty-five (25) feet; the second street yard on corner lots shall be not less than ten (10) feet.
    2. Rear: Minimum twenty (20) feet.
    3. Side: Minimum sixteen percent (16%) of the frontage, but not less than five (5) feet each.

Secs 13-1-85 Through 13-1-89 Reserved