After the effective date of this ordinance, any use or structure which would be prohibited under the provisions of this ordinance shall be considered a legal nonconforming use or structure. Any such use or structure may continue to exist, subject to the following provisions:

1)

A nonconforming use or structure may not be changed to or exchanged for another nonconforming use or structure, except to be brought into conformity with this ordinance.

2)

A nonconforming use or structure may not be enlarged or extended, except to be brought into conformity with this ordinance.

3)

A nonconforming use may not be reestablished after discontinuance for a period of 12 consecutive months if a non-residential use and 24 consecutive months if a residential use. When a discontinuance is caused by a nonconforming use having been changed to or exchanged for another conforming use, the previous nonconforming use may not be reestablished.

4)

A nonconforming structure may not be rebuilt, altered or repaired after damage exceeding 75 percent of its assessed valuation before such damage occurred, as determined by the building official, unless it is brought into conformity with this ordinance. A nonconforming structure which has sustained damage less than or equal to 75 percent of its valuation may be rebuilt, altered or repaired, provided the reconstruction, alterations or repairs do not increase the degree of nonconformity in any respect, and provided a zoning compliance permit is issued within six months from the date the damage occurs. The Zoning Administrator shall be authorized to grant a single six-month extension if the property owner can provide documentation that he or she is in the process of moving forward with rebuilding, altering or repairing the structure, but has been delayed due to circumstances outside his or her control.

5)

Notwithstanding the previous paragraph, any nonconforming residential structure, 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 permit is issued within six months from the date the damage occurs. The Zoning Administrator shall be authorized to grant a single six-month extension if the property owner can provide documentation that he or she is in the process of moving forward with reconstruction, but has been delayed due to circumstances outside his or her control. Any residential structure reconstructed under the provisions of this paragraph shall be subject to current building codes pursuant to the Code of Ordinances for the Town of Fort Mill; chapter 6, buildings and building regulations; article II, technical codes. Where appropriate, any residential structure reconstructed under the provisions of this paragraph shall also be subject to current flood prevention codes, pursuant to the Code of Ordinances for the Town of Fort Mill; chapter 20, floods; article II, flood damage prevention.

(Ord. No. 2014-19, § I, 9-8-14)