Charleston County Unincorporated
City Zoning Code
City Zoning Code
CHAPTER 10
│ NONCONFORMITIES
CHAPTER 10 │ NONCONFORMITIES
Sec. 10.1.1 Purpose
It is the general policy of the County to allow uses, Structures, Lots, Signs, and other situations that came into existence legally—in conformance with then-applicable requirements—to continue to exist and be put to productive use, but to bring as many aspects of such situations into compliance with existing regulations as is reasonably possible. This Chapter establishes regulations governing uses, Structures, Lots, and Signs that were lawfully established but that do not comply with one or more existing requirements of this Ordinance. The regulations of this Chapter are intended to:
- Recognize the interests of Property Owners in continuing to use their property;
- Promote reuse and rehabilitation of existing Buildings; and
- Place reasonable limits on the expansion of nonconformities that have the potential to adversely affect surrounding properties and the county as a whole.
Effective on: 1/1/1901, as amended
Sec. 10.1.2 Authority to Continue
Any nonconformity that legally existed on April 21, 1999, or that becomes nonconforming upon the adoption of any amendment to this Ordinance may be continued in accordance with the provisions of this Chapter.
Effective on: 1/1/1901, as amended
Sec. 10.1.3 Determination of Nonconformity Status
The burden of establishing that a nonconformity is a legal nonconformity shall, in all cases, be solely upon the owner of such nonconformity.
Effective on: 1/1/1901, as amended
Sec. 10.1.4 Repairs and Maintenance
Incidental repairs and normal maintenance of nonconformities shall be permitted unless such repairs are otherwise expressly prohibited by this Ordinance. Nothing in this Chapter shall be construed to prevent Structures from being structurally strengthened or restored to a safe condition, in accordance with an official order of the Director of Building Services or their designee.
Effective on: 1/1/1901, as amended
Sec. 10.1.5 Change of Tenancy or Ownership
The status of a nonconformity is not affected by changes of tenancy, ownership, or management.
Effective on: 1/1/1901, as amended
Sec. 10.1.6 Nonconformities Created by Public Action
When Lot Area or Setbacks are reduced as a result of conveyance to a federal, state, or local government for a public purpose and the remaining area is at least 50 percent of the otherwise applicable minimum standard, then that Lot shall be deemed to be in compliance with the minimum Lot Area and Setback standards of this Ordinance.
Effective on: 1/1/1901, as amended
Sec. 10.2.1 Definition
A "Nonconforming Use" is a use that was legally established but which is no longer allowed by the use regulations of the Zoning District in which it is located.
Effective on: 1/1/1901, as amended
Sec. 10.2.2 Expansion
A nonconforming commercial or industrial use shall not be enlarged or expanded unless one of the following conditions exists:
- Such expansion eliminates or reduces the nonconforming aspects of the situation; or
- The expansion is into a part of the Building or Structure that was lawfully and manifestly designed or arranged for such use, provided that no such expansion shall be allowed if it displaces a conforming use.
Effective on: 1/1/1901, as amended
Sec. 10.2.3 Change of Use
Effective on: 1/1/1901, as amended
Sec. 10.2.4 Loss of Legal Nonconformity Status
- No nonconforming commercial or industrial use that is damaged by fire or any other cause shall be restored if the cost of the repair work equals 50 percent or more of the use's total physical replacement cost (which shall consist solely of labor and materials). Determination of physical replacement costs shall be made by the Director of Building Services. When such repairs are allowed to be made, they shall be in full compliance with the regulations of this Ordinance.
- A nonconforming Residential Use that is damaged by fire or any other cause may be restored. In such cases, the use may be re-established to the extent that existed before the time of damage (within the pre-existing Structure boundaries [footprint and height]), provided that the repairs or rebuilding do not increase the degree of nonconformity and provided that such repairs, restoration, or reconstruction begin within 12 months of the date of such damage.
Effective on: 1/1/1901, as amended
Sec. 10.2.5 Accessory Uses and Structures
No use or Structure that is accessory to a principal Nonconforming Use or Structure shall continue after such Principal Use or Structure shall have ceased or terminated, unless it complies with all regulations of this Ordinance.
Effective on: 1/1/1901, as amended
Sec. 10.3.1 Definition
A "Nonconforming Structure" is any Building or Structure that was legally established but which no longer complies with the Density/Intensity and Dimensional Standards of the base Zoning District.
Effective on: 1/1/1901, as amended
Sec. 10.3.2 Use
A Nonconforming Structure may be used for any use allowed in the base Zoning District.
Effective on: 1/1/1901, as amended
Sec. 10.3.3 Expansion
A nonconforming residential Structure may be enlarged or expanded if such residential expansion follows the outside Wall at ground level, other than porches, Decks, or canopies. The outside Wall (other than porches, Decks or canopies) of a non-conforming residential Structure that does not meet current dimensional standards (Setbacks), shall only be allowed to expand vertically from ground level provided that such expansion does not exceed the maximum height requirements for that Zoning District or encroach into any Setback. All other expansion shall meet all other applicable portions of the Ordinance including Density/ Intensity and Dimensional Standards.
Effective on: 1/1/1901, as amended
Sec. 10.3.4 Moving
A Nonconforming Structure may be moved in whole or in part to another location if the movement or relocation does not increase the extent of nonconformity.
Effective on: 1/1/1901, as amended
Sec. 10.3.5 Subdivision
If a Lot is occupied by a Nonconforming Structure, it may be subdivided provided that subdividing does not create a new nonconformity or increase the degree of nonconformance of the Structure.
Effective on: 1/1/1901, as amended
Sec. 10.3.6 Loss of Legal Nonconforming Status; Damage or Destruction
Effective on: 1/1/1901, as amended
Sec. 10.4.1 Definition
A "Nonconforming Lot" is a tract of land, designated on a duly recorded Subdivision Plat, or by a duly recorded deed, or by other lawful means, that complied with the Lot Area, Lot Width, and Lot depth standards of the Zoning District in which it was located at the time of its creation, but which does not comply with the minimum Lot Area, Lot Width, or Lot depth requirements of the Zoning District in which it is now located.
Effective on: 1/1/1901, as amended
Sec. 10.4.2 Vacant Lots
If a Nonconforming Lot or parcel was vacant on the date on which this Ordinance became applicable to it, then the owner may use the property for uses allowed by the base Zoning District, provided that the use shall comply with applicable Setback to the maximum extent possible. If the base Zoning District permits a variety of uses or a variety of intensities of uses and one or more uses or intensities would comply with Setback standards, while others would not, then only the uses or intensities that would comply with the applicable Setback standards shall be permitted.
Effective on: 1/1/1901, as amended
Sec. 10.4.3 Lot with Building or Structure
If a Nonconforming Lot or parcel contains a Building or Structure on the date on which this Ordinance become applicable to it, then the owner may continue the use of that Building or Structure and may reasonably expand the Structure in any way that does not increase the degree of nonconformity; an increase in Building size shall not be deemed to increase the degree of nonconformity unless it increases the encroachment on a required Setback.
Effective on: 1/1/1901, as amended
Sec. 10.5.1 Definition
A "Nonconforming Sign" is any Sign that was legally established but which no longer complies with the Sign Regulations contained in CHAPTER 9, Development Standards, of this Ordinance.
Effective on: 1/1/1901, as amended
Sec. 10.5.2 On-Premises Signs
All legal nonconforming permanent On-Premises Signs in place prior to April 21, 1999, shall be removed or replaced by April 20, 2001. All other On-Premises Signs not in conformance with the standards of this Ordinance shall be removed or otherwise brought into compliance with the standards of this Ordinance.
Effective on: 1/1/1901, as amended
Sec. 10.5.3 Off-Premises Signs
Effective on: 1/1/1901, as amended