Whenever the regulations of this ordinance require a greater width or size of yards, or require a lower height of buildings or smaller number of stories, or require a greater percentage of lot to be left unoccupied or impose other restrictive standards than are required in or under any other statutes or private deed restrictions, the requirements of this ordinance shall govern. Whenever the provisions of any other statute require more restrictive standards than are required by this ordinance, the provisions of such statute shall govern.

Should any section or provision of this ordinance be declared by the courts to be unconstitutional or invalid, such declaration shall not affect the validity of this ordinance as a whole or any part thereof other than the part so declared to be unconstitutional or invalid. All ordinances or parts of ordinances inconsistent with this ordinance are hereby repealed to the extent of such inconsistency.

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)

The provisions of this article apply to both lots and parcels of land and to individual structures or uses. Where more than one nonconforming structure or use is allowed to continue on a lot or parcel of land after another nonconforming structure or use has been discontinued, the provisions of this article shall not be waived in the case of the discontinued structure or use.

Where three or more nonconforming structures or uses exist on the same lot or parcel of land, when more than 50 percent of these nonconforming structures or uses have been discontinued or removed under the provisions of this article, the remaining nonconforming structures or uses shall be removed within a period of 60 days.