Folly Beach City Zoning Code
CHAPTER
168: NONCONFORMITIES
§ 168.02-07 Substantial Improvement.
In the case of substantial improvement, a nonconforming use must be brought into compliance with all current applicable zoning regulations. This section shall not apply to structures housing a nonconforming use in the RMF, DC, or IC Districts except those structures which do not meet current flood elevation.
(A) Substantial improvement is defined as any combination of repairs, reconstruction, alteration or improvements to a building, taking place during a ten-year period, in which the cumulative cost equals or exceeds 50% of the market value of the building prior to the first instance of repairs, reconstruction, alteration or improvements.
(B) The market value of the building must be provided by an appraiser certified by the state prior to the start of the initial repair or improvement. For improvements being made after damage, the market value shall be the value of the building prior to the damage occurring.
(C) The value of minor repairs and normal maintenance as defined in § 168.01-04, Minor Repairs and Normal Maintenance, shall not be used in a determination of substantial improvement.
(D) The ten year period shall not be waived in the event repairs, reconstruction, alteration, or improvements to a building are required as an act of God, natural disaster or other actions beyond the control of the property owner.
(Ord. 21-13, passed 1-14-14; Am. Ord. 08-21, passed 5-11-21; Am. Ord. 035-21, passed 12-14-21)
§ 168.05 NONCONFORMING SIGNS.
Except for off premise signs located in the marsh in place for more than 25 years and signs in the Commercial Districts, non-conforming signs shall be removed or altered to conform with the requirements of this ZDO prior to January 1, 2019. Nonconforming signs in the Commercial Districts that are substantially damaged or voluntarily removed may be replaced subject to the following:
(A) Nonconforming signs in the Commercial Districts that are substantially damaged or voluntarily removed may be replaced provided the total number of signs after replacement does not exceed the standards in Table 166.10.
(B) Nonconforming signs in the Commercial Districts that are substantially damaged or voluntarily removed may be replaced with signs exceeding the maximum area standards of Table 166.10. However, the cumulative area of all signs after replacement may not be greater than 80 square feet or 75% of the cumulative area of all signs on the property prior to damage or removal, whichever is greater.
(Ord. 05-10, passed 3-23-10; Am. Ord. 04-18, passed 9-25-18; Am. Ord. 035-21, passed 12-14-21; Am. Ord. 002-22, passed 5-10-22; Am. Ord. 005-23, passed 5-9-23)
§ 168.01-01 Purpose and Scope.
(A) Within the provisions established by this ZDO, there exist uses of land, structures, lots and signs that were lawfully established before this ZDO was adopted or amended, that now do not conform to the terms and requirements of this ZDO. The purpose and intent of this chapter is to regulate and limit the continued existence of those uses, standards, lots, and signs that do not conform to the provisions of this ZDO or any amendments thereto.
(B) Except where otherwise specified, it is the intent of this ZDO to permit these nonconformities to continue until they are removed, but not to encourage their survival except under the limited circumstances established in this chapter. The provisions of this chapter are designed to curtail substantial improvement of nonconformities to preserve the integrity of this ZDO.
(C) Nothing in this chapter or code of ordinances shall be interpreted to allow the creation of a new use or structure that is nonconforming with the regulations contained herein unless such nonconformity is explicitly allowed.
(Ord. 05-10, passed 3-23-10; Am. Ord. 21-13, passed 1-14-14; Am. Ord. 035-21, passed 12-14-21)
§ 168.01-02 Authority to Continue.
Nonconformities are allowed to continue in accordance with the requirements of this chapter.
(Ord. 05-10, passed 3-23-10
; Am. Ord. 035-21, passed 12-14-21)
§ 168.01-03 Determination of Nonconformity Status.
In all cases, the burden of establishing that a nonconformity lawfully exists shall be on the owner of the land on which the purported nonconformity is located.
(Ord. 05-10, passed 3-23-10
; Am. Ord. 035-21, passed 12-14-21)
§ 168.01-04 Minor Repairs and Normal Maintenance.
Minor repairs and normal maintenance that are required to keep nonconforming uses, structures, and signs in a safe condition are permitted, provided that the minor repair or maintenance does not extend, expand, or enlarge a nonconforming use, structure, or sign. For the purposes of this section,
MINOR REPAIR OR NORMAL MAINTENANCE shall mean:
(A) Maintenance of safe condition. Repairs that are necessary to maintain a nonconforming use, structure, or sign in a safe condition;
(B) Correction of damage or deterioration. Repairs that are necessary to correct any damage or deterioration to the structural soundness or interior appearance of a building or structure without altering the building or structure;
(C) Maintenance of land for safety. Maintenance of land areas to protect against health hazards and promote the safety of surrounding land uses; and
(D) Limited sign repairs and maintenance. Repairs and maintenance of nonconforming signs, such as repainting and electrical repairs, whose costs do not exceed 50% of the replacement cost of the sign.
(Ord. 05-10, passed 3-23-10
; Am. Ord. 035-21, passed 12-14-21)
§ 168.01-05 Change of Tenancy or Ownership.
Changes of tenancy, ownership, or management of an existing nonconformity are permitted, and in such cases the nonconforming situation shall continue to be subject to the requirements of this chapter.
(Ord. 05-10, passed 3-23-10
; Am. Ord. 035-21, passed 12-14-21)
§ 168.01-06 Exception Due to Variance Permit or Administrative Adjustment.
The requirements of this chapter do not apply, however, to any development standard or feature that is the subject of an approved variance permit or administrative adjustment. Where a variance permit or administrative adjustment has been granted for a development standard or feature that does not otherwise conform to the requirements of this ZDO, that development standard or feature shall be deemed conforming.
(Ord. 05-10, passed 3-23-10
; Am. Ord. 035-21, passed 12-14-21)
§ 168.02-01 Change of Use.
A nonconforming use shall not be changed to any other nonconforming use, but may be converted to a conforming use.
(Ord. 05-10, passed 3-23-10
; Am. Ord. 035-21, passed 12-14-21)
§ 168.02-02 Discontinuance or Abandonment.
Except as allowed by § 168.02-05, Reconstruction After Casualty Damage, a nonconforming use shall not be re-established after vacancy, abandonment, or discontinuance for any 12 consecutive months.
(Ord. 05-10, passed 3-23-10
; Am. Ord. 035-21, passed 12-14-21)
§ 168.02-03 Repair.
Ordinary repairs or replacement of non-load-bearing walls, fixtures, wiring, or plumbing, is allowable provided the size or impact of the nonconforming use is not increased, and providing a new nonconforming use is not created. Nothing in this ZDO shall be construed to prevent the strengthening or restoring to a safe condition of any building or part of a building declared to be unsafe by any official charged with protecting the public safety.
(Ord. 05-10, passed 3-23-10; Am. Ord. 035-21, passed 12-14-21)
§ 168.02-04 Damage or Destruction.
Except as allowed by § 168.02-05, reconstruction after damage of any origin, any nonconforming use that is damaged or destroyed, by any means, to the extent of more than 50% of its pre-damaged market value, shall only be restored in a manner that conforms with this ZDO.
(Ord. 05-10, passed 3-23-10; Am. Ord. 21-13, passed 1-14-14; Am. Ord. 05-14, passed 3-11-14; Am. Ord. 035-21, passed 12-14-21)
§ 168.02-05 Reconstruction After Casualty Damage.
(A) In the event a structure housing a nonconforming use in the RMF, DC, or IC Districts is damaged to an extent up to or greater than 50% of its assessed value at the time of damage through an Act of God or other natural catastrophic event, such use may be reconstructed to its state immediately prior to the Act of God or other natural catastrophic event resulting in its damage, provided that a new nonconforming use is not created. Reconstruction shall be initiated within 12 months of the damage, and shall be in accordance with all applicable state and federal laws.
(B) In the event a structure housing a nonconforming multi-family use in the RTF District is damaged to an extent up to or greater than 50% of its assessed value at the time of damage through an Act of God or other natural catastrophic event, such use may be reconstructed to its state immediately prior to the Act of God or other catastrophic event resulting in its damage, provided that a new nonconforming use is not created. Reconstruction shall be initiated within 24 months of the damage, and shall be in accordance with all applicable state and federal laws.
(C) In restoring such structures, changes are permitted that reduce the degree or extent of the nonconforming use.
(Ord. 05-10, passed 3-23-10; Am. Ord. 035-21, passed 12-14-21; Am. Ord. 007-22, passed 6-14-22)
§ 168.02-06 Accessory Uses.
Once a nonconforming principal use is discontinued, all associated accessory uses shall cease operations within 30 days.
(Ord. 05-10, passed 3-23-10
; Am. Ord. 035-21, passed 12-14-21)
§ 168.03-01 Relationship with Nonconforming Uses.
A nonconforming principal structure containing a conforming use may only continue in accordance with the provision of this subsection. Nonconforming structures housing nonconforming uses may only continue in accordance with the standards in § 168.02, Nonconforming Uses.
(Ord. 05-10, passed 3-23-10)
; Am. Ord. 035-21, passed 12-14-21)
§ 168.03-02 Continuation.
Normal repair and maintenance may be performed to allow the continued use of nonconforming structures provided the repairs and maintenance do not create a new nonconformity.
(Ord. 05-10, passed 3-23-10; Am. Ord. 035-21, passed 12-14-21)
§ 168.03-03 Enlargement.
Any enlargement, alteration, or expansion of a nonconforming structure that increases the degree of nonconformity or creates a new nonconformity is prohibited. (For example, a structure that has a five-foot side setback where the ZDO requires a ten-foot side setback cannot be enlarged so as to further encroach into the side setback.)
(Ord. 05-10, passed 3-23-10; Am. Ord. 035-21, passed 12-14-21)
§ 168.03-04 Demolition and Rebuilding.
A nonconforming structure shall not be re-established as a nonconforming structure after demolition, damage, or destruction, except pursuant to § 168.03-05, Reconstruction After Damage.
(Ord. 05-10, passed 3-23-10
; Am. Ord. 035-21, passed 12-14-21)
§ 168.03-05 Reconstruction after Damage.
(A) More than 50% of pre-damaged market value. In the event a nonconforming structure is damaged or destroyed, by any means, to the extent of 50% of its market value prior to such destruction, such structure shall not be restored unless in conformance with the standards for the zoning district in which it is located except that structures legally permitted prior to March 1, 2019 which are situated 15 feet or less from the SCDES critical line shall be allowed a ten-foot setback from the SCDES critical line. The footprint of any structure restored under this exemption may not be enlarged in such a manner that the area of the footprint within the 15-foot setback from the SCDES critical line or the total square footage of the structure is larger than its pre-damaged state. Structures located in RMF, DC, IC, and RFT Districts that are damaged by an Act of God or other catastrophic event have a limited exception to this provision as set forth in § 168.02-05.
(B) Less than 50% of pre-damaged market value. Except for homes exceeding the maximum square footage in § 166.05-03, Single- and Two-Family Residential Design Standards, a nonconforming structure that is damaged or destroyed, by any means, to an extent of less than 50% of its market value prior to such damage or destruction, it may be restored to its pre-damaged state provided reconstruction is initiated within 24 months and provided the reconstruction complies with all other city ordinances as well as all state and federal laws and does not create any new nonconformities.
(C) Homes exceeding maximum square footage. An existing home exceeding the maximum square footage in § 166.05-03, Single- and Two-Family Residential Design Standards, damaged to an extent beyond 50% of its pre-damaged market value shall be reconstructed in accordance with the size limitations in this ZDO. A special exception permit (See § 163.03-03) shall be required to reconstruct the home to its original square footage.
(Ord. 05-10, passed 3-23-10; Am. Ord. 05-14, passed 3-11-14; Am. Ord. 14-19, passed 4-9-19; Am. Ord. 035-21, passed 12-14-21; Am. Ord. 007-22, passed 6-14-22; Am. Ord. 001-25, passed 2-11-25)
§ 168.03-06 Relocation.
A nonconforming structure shall not be moved, in whole or in part, to another location on or off the parcel of land on which it is located, unless upon relocation it shall conform to the standards and requirements of this ZDO.
(Ord. 05-10, passed 3-23-10
; Am. Ord. 035-21, passed 12-14-21)
§ 168.04-01 Lots Residential and Nonresidential Districts.
(A) General. Development of a single-family dwelling on the lot of record shall comply with the other standards in Chapter 165: Dimensional Standards, to the maximum extent practicable.
(B) Combination of lots. If two or more lots of record or combination of lots of record and portions of contiguous lots of record are in single ownership on or after March 1, 2019, or on the date one or more of the lots become nonconforming, and if all or part of one or more of these lots do not comply with the lot area standards in Chapter 165: Dimensional Standards; and if one or more of these lots are adjacent to either the SCDES Critical Line or the SCDES Baseline, the lots involved shall be considered to be an individual lot for the purposes of this ZDO, and no portion of these lots shall be used or sold which do not comply with the lot area standards in Chapter 165: Dimensional Standards, nor shall any division of the lots be made that leaves remaining any lot that fails to comply with the lot area standards. Single ownership in this section shall be defined to include any ownership where all equitable owners of the contiguous lots are the same, even if the deeds for the lots are held in different names. This shall include equitable owners such as: individually named owner(s), beneficiary(ies), trusts, member(s) of an LLC, shareholder(s) in a corporation or any other arrangement where the equitable owner(s) of the contiguous lots is(are) the same.
(C) Lots in the DC and IC Districts. In addition to the ability to construct a single-family dwelling, lawfully established nonconforming lots of record in the DC and IC Districts may be developed with any use allowed in the district (See Table 164.01, Table of Allowable Uses) following approval of a special exception permit (See § 162.03-03) by the BZA.
(D) Lots with no frontage on an open, public street. No lot which is adjacent to either the SCDES Critical Line or the SCDES Baseline and does not have frontage on an open, public street as of March 1, 2019 shall be developed without the provision of 20 feet of access to an open, public street. The requirement for access may be satisfied by direct frontage or platted easement. Once developed, a 20-foot access route, clear of obstruction, must be maintained for emergency access. Development on islands that are not accessible by open, public street shall be exempt from this requirement.
(Ord. 05-10, passed 3-23-10; Am. Ord. 14-19, passed 4-9-19; Am. Ord. 24-20, passed 12-8-20; Am. Ord. 035-21, passed 12-14-21; Am. Ord. 011-24, passed 6-11-24; Am. Ord. 001-25, passed 2-11-25)
§ 168.04-02 Change of Nonconforming Lot.
As a means of reducing the nonconformity, a nonconforming lot may be increased in area, width, or both, in accordance with the standards for a minor subdivision, § 162.03-07(C).
(Ord. 05-10, passed 3-23-10
; Am. Ord. 035-21, passed 12-14-21)