It is the intent of this article to avoid any unreasonable invasion of established private property rights; however, this ordinance recognizes that the elimination of existing structures and uses that are not in conformity with this ordinance is as much a subject of health, safety, and general welfare as is the prevention of the establishment of new uses which would violate the purpose, intent, and provisions of this ordinance. A structure, building or use which was established before the effective date of this ordinance and which does not conform to one (1) or more of the requirements of this ordinance is a nonconformity. Such nonconformity may not be continued in perpetuity; may not be replaced; shall not be converted to any other use except a conforming use; shall not be expanded except as provided in this ordinance; shall not be reestablished after discontinuance of operation for one (1) year.

a.

On any nonconforming structure or portion of a structure containing a nonconforming use, work may be performed on repair and/or replacement of non-load bearing walls, fixtures, wiring, or plumbing, to an extent not exceeding fifty (50) percent of the current replacement cost of the nonconforming structure or nonconforming portion of the structure, provided that the dimensions of the structure existing when it became nonconforming shall not be increased. The insurance replacement value of the structure shall be used to determine the current replacement cost of the nonconforming structure. The assessed property value determined by the Columbia County Tax Assessors office shall not be used to determine the current replacement cost of the nonconforming structure.

b.

On any nonconforming structure or portion of a structure containing a nonconforming use, unlimited routine maintenance and ordinary repairs may be performed. Routine maintenance and ordinary repairs are excluded from the limitations contained in subsection a. above.

c.

Subject to the limitations contained in subsection a. above, additions are permitted to nonconforming structures as long as the addition does not exceed the buildable area of the parcel and all permit requirements, building codes, set-back requirements and other applicable regulations are followed. Additions to nonconforming structures are limited to porch landings, decks, patios and stoops.

d.

The replacement of a nonconforming structure with another nonconforming structure is prohibited.

e.

Nothing in this section shall prohibit the strengthening or restoring to safe condition any nonconforming structure or part thereof declared to be unsafe by an official charged with protecting public safety, upon order of such official.

f.

Nothing in this section shall prohibit the repair and/or replacement of a nonconforming structure or a structure containing a nonconforming use if the damage or destruction of the structure is caused by an act of God including but not limited to hurricanes, tornadoes, earthquakes, floods and storms.

Any new use permitted as a conditional use or granted a hardship variance under the terms of these regulations shall not be deemed a nonconforming use, but shall, without further action, be considered a conforming use.

When a nonconforming use has been declared a public nuisance and abatement actions have been undertaken by the city two (2) or more times within a period of five (5) years, the city may declare that these nonconforming provisions do not apply. Violations and abatement actions that occurred prior to the effective date of this section will not be considered.

A lot that was a lot of record prior to the adoption of the ordinance from which this article is derived, which does not meet the minimum area, width or frontage requirements of this ordinance, may be used as a building site, provided that access is provided directly from a public street or through a private easement, and provided that minimum building setbacks are not reduced more than twenty (20) percent of the minimum building setbacks set forth in this ordinance; provided, however, that the setback shall not be reduced to less than fifteen (15) feet from the right-of-way.