a.

No structure or land shall hereafter be erected, constructed, reconstructed, moved, structurally altered, used or occupied unless in conformity with the regulations in this ordinance applicable to the district in which it is located, except permitted nonconforming uses.

b.

District regulations shall apply uniformly to each class of structure or land, and shall be interpreted as minimum requirements adopted for the purposes of zoning. When requirements of this ordinance are at variance with requirements of any other applicable rule, regulation, ordinance or statute, the most restrictive requirements, or those imposing the higher standards, shall apply.

(Ord. No. 23, § 2-604.1, 5-12-1997)

Except as otherwise specifically provided, no building shall be located, used or occupied on a lot without direct vehicular and pedestrian access to a public street.

(Ord. No. 23, § 2-604.2, 5-12-1997)

Any new structure erected after the effective date of this ordinance shall be on a lot of record.

(Ord. No. 23, § 2-604.3, 5-12-1997)

No lot or yard existing on the effective date of this ordinance shall be reduced in dimension or area below the applicable district minimum requirements. New lots or yards shall meet the applicable district minimum requirements.

(Ord. No. 23, § 2-604.4, 5-12-1997)

The zoning district shall be designated for property annexed by ordinance as follows:

a.

City Council, after receiving a recommendation from the Planning Commission, shall specify an interim zoning district classification or classifications in the annexation ordinance. Such classification or classifications shall become effective on the effective date of annexation and permits for permitted uses may be issued.

b.

If the zoning district classification recommended by the Planning Commission for the annexed area is different in character and standards from the existing County zoning district of the area, the Planning Commission report shall contain the reasons for the recommendation, and City Council shall hold a public hearing on the proposed annexation and the proposed interim zoning of the property to be annexed.

c.

Notice of the public hearing shall be published in the same manner as required for rezoning.

d.

Immediately after the effective date of the annexation, the Codes Administrator shall initiate zoning amendment procedures to confirm or establish the appropriate zoning classifications for the annexed area.

(Ord. No. 23, § 2-604.5, 5-12-1997)

Nonconforming structures or land uses are declared to be incompatible with permitted uses in the districts established by this ordinance. It is the intent of this ordinance to allow nonconformities to continue until they are removed, but not to encourage their survival. The lawful use of any structure or land on the effective date of this ordinance may be continued subject to the following regulations:

1.

A nonconforming structure or use shall not be changed to any other nonconforming structure or use.

2.

A permitted use in a structure which is on a nonconforming lot or which does not meet minimum yard requirements may be converted to another permitted use without enlargement.

3.

A nonconforming structure shall not be repaired, altered or rebuilt except in conformity with this ordinance after sustaining damage or deterioration exceeding seventy-five (75%) percent of the replacement cost of the structure provided that any nonconforming residential building or portion thereof may be replaced if razed by fire, natural causes, or other natural disasters, provided, the replacement does not increase the degree of nonconformity in any respect, and a zoning compliance is issued within six (6) months of the date of the damage. Any nonconforming residential building or portion thereof which is not razed by fire, natural causes, or other natural disasters will be required to conform to all applicable development standards upon reconstruction. (Effective Date 7-23-2001)

4.

A nonconforming structure shall not be removed or demolished and replaced with a nonconforming structure.

5.

A nonconforming structure or use shall not be extended, enlarged, or intensified except in conformity with this ordinance; provided, however, a nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of this ordinance, but the use shall not be extended outside the building.

6.

A nonconforming use shall not be reestablished after vacancy, abandonment, or discontinuance of use or power for a period of six (6) consecutive months. (Effective Date 7-23-2001)

7.

Nothing in this Section shall prevent work on a structure which is necessary to protect public safety upon the order of the Codes Administrator.

8.

Ordinary repairs to a nonconforming structure, such as repairs to interior non-bearing walls, fixtures, wiring or plumbing to meet building codes, may be permitted, provided the cubic content of the structure is not increased.

(Ord. No. 23, § 2-604.6, 5-12-1997)

A temporary use permit may be issued by the Codes Administrator for appropriate periods of time not to exceed 12 month increments for a nonconforming structure or use incidental to building construction or land development upon the condition that the structure or use be removed upon expiration of the permit.

(Ord. No. 23, § 2-604.7, 5-12-1997)

In any district in which single family dwellings are permitted, notwithstanding limitations imposed by other provisions of this ordinance, a single family dwelling and customary accessory buildings may be erected on any single lot of record on the effective date of this ordinance, provided setback requirements of the district are met.

(Ord. No. 23, § 2-604.8, 5-12-1997)

Except as otherwise provided, it shall be unlawful for any person to demolish, remove, or tear down any commercial structure or portion thereof without first making application with the Building Official and obtaining the required permit.

(1)

All demolition projects on commercial structures in the City of Chester which exceed 5,000 square feet shall have a permit issued by the City or its designee and it shall be the duty of the property owner and/or the contractor to further be required to provide a good and sufficient performance bond in the sum of up to $1,000,000.00 in accordance with the City's bond fee schedule to be issued yearly by the City or its designee, and a permit fee in accordance with requirements necessary shall be charged.

a.

Requirements may include, but are not limited to, insurance in amounts reasonably determined by the City, in the City's sole discretion; fencing, curtains or barricades around the construction area; monitoring and reporting of any hazardous materials; satisfactory evidence to the City that all environmental issues and conditions related to the demolition have been addressed and properly permitted, (including proper permits from the Environmental Protection Agency and the South Carolina Department of Health and Environmental Control); a time frame for completion with monetary penalties for overruns; mutual agreement as to finish and final landscape; and any other requirement City Council deems necessary to insure and maintain the integrity of the neighborhood and community.

(2)

Permits will be issued for 12 months. If the work described in the permit has not begun within six months from the date of issue, the permit will expire and be void.

(3)

The City retains the right to enter the site at reasonable times to inspect or perform duties as imposed by the applicable City codes governing this activity.

(4)

The City Supervisor, City Council, or its designee, is authorized to issue a stop work order requiring work to cease until specific violations of the permit are corrected or the proper permit obtained. Violation of any provisions of this article or failure to comply with any stop work order conditions (including the remediation, repair, and correction of all damaged or destroyed conditions and structures to the satisfaction of the City) is a misdemeanor punishable by a fine not exceeding $500.00 or imprisonment not exceeding 30 days or both. Each day such violation continues shall be a separate offense. The fine for continuing violations is $500.00 per day. The City may utilize all legal and equitable remedies, including obtaining injunctive relief, in order to enforce the provisions of this Section. In addition, the City may, at its sole discretion, maintain the stop work order for a period of up to five years or until the owner of the property has remedied, repaired and corrected all damaged or destroyed conditions and structures to the satisfaction of the City, whichever period of time is later.

(Ord. No. 2008-05, 8-11-2008)

Editor's note— Ord. No. 2008-05, adopted Aug. 11, 2008, was not specifically amendatory. At the editor's discretion, these provisions have been included as § 2-604.9.