Hilton Head Island City Zoning Code
CHAPTER 16
7: - Nonconformities
Sec.16-7-101.- General Provisions
A. Purpose
The zoning regulations and development standards established by this Ordinance are designed to guide the future development and redevelopment of land within the Town by encouraging and regulating site development and appropriate groupings of compatible and related uses that promote and protect the public health, safety, and general welfare. While the Town recognizes the continued existence of nonconformities is generally inconsistent with the purpose and intent of this Ordinance, it also recognizes this Ordinance needs to provide flexibility to encourage redevelopment of nonconforming development if it lessens the degree of the nonconformity and if redevelopment is consistent with the goals of the Comprehensive Plan and the district in which the development is located. This Chapter provides for the regulation of nonconforming uses, structures, signs, and site features, and specifies those circumstances and conditions under which such nonconformities are allowed to continue and redevelop.
This Chapter applies to uses, structures, signs, and site features that were made nonconforming by initial adoption of this Ordinance or a subsequent amendment to this Ordinance. It also applies to uses, structures, signs, and site features that were a lawful nonconformity under a provision of a previously applicable ordinance of the Town and that remain nonconforming with one or more provisions of this Ordinance, even if the type or extent of nonconformity is different.
Legal nonconformities are allowed to continue in accordance with the regulations of this Chapter.
The burden of establishing that any nonconformity is a legal nonconformity as defined by this Title shall, in all cases, be upon the owner of such nonconformity and not upon the Town or any other person.
1.
Repairs and normal maintenance required to keep legal nonconforming uses, structures, or site features in a safe condition are permitted, provided that no alterations may be made except those allowed by this Chapter, or as may be required by other law or ordinance.
2.
This Chapter shall not be construed to prevent strengthening or repair of a structure in compliance with the order of a public official whose duties include protecting the public safety.
F. Substitution of Nonconformities for Redevelopment
To provide flexibility and encourage redevelopment of sites with nonconforming features or structures, the Official is authorized to approve a Development Plan for such sites if the proposed development:
1.
Will not include any new development that increases the amount of encroachment into any required buffer or setback;
2.
Will not increase the impervious cover on the site over the maximum allowed for the district or the existing impervious cover, whichever is greater;
3.
Will not result in a density in excess of what is allowed under this Ordinance, or the existing density, whichever is greater;
4.
Will lessen the extent of existing nonconforming site features to the greatest extent possible;
5.
Will not have an adverse impact on the public health, safety or welfare; and
6.
Will lessen the extent of nonconformities related to any existing nonconforming structure on the site to the greatest extent possible.
G. Discontinuance or Abandonment
1.
A legal nonconforming use which has been discontinued for a period of 18 consecutive months shall not be re-established. Any structure or land, or structure and land in combination which was formerly devoted to a legal nonconforming use which has been discontinued for a period of 18 consecutive months, shall not again be devoted to any use other than a use that is allowed in the zoning district in which the land is located. A conforming use shall not be permitted to revert back to a nonconforming use.
2.
A legal nonconforming use shall be considered discontinued immediately if it is replaced by a conforming use on the land and thereafter the nonconforming use shall not be re-established.
3.
A legal nonconforming structure shall be considered abandoned immediately if it is replaced by a conforming structure. Thereafter the nonconforming structure shall not be re-established.
4.
Discontinuance of a legal nonconforming use or abandonment of a legal nonconforming structure shall be deemed to exist upon the occurrence of any one or more of the following, for a period of 18 consecutive months:
a.
Failure to obtain permits or take all other necessary steps to resume a legal nonconforming use; or
b.
Utility services, such as water and electricity, to the property are disconnected; or
c.
Removal of equipment or fixtures which are necessary for the operation of a legal nonconforming use; or
d.
Structures that have fallen into disrepair as defined by Section 9-8-10 of the Municipal Code; or
e.
Signs advertising a legal nonconforming use are removed.
H. Expansion, Enlargement, or Extension
For purposes of this Chapter only, the terms "expansion", "enlargement" or "extension" refer to any increase in the size of a legal nonconforming structure, or site feature. The footprint of any existing nonconforming site feature or structure may be maintained or expanded as long as the applicant receives an approval as provided in Sec. 16-7-101.F, Substitution of Nonconformities for Redevelopment, unless one of the following is involved:
1.
Expansion, enlargement, or extension associated with a nonconforming use; and
2.
Replacement of a nonconforming site feature with a nonconforming structure; and
3.
The demolition or modification of an existing nonconforming structure with the intent to rebuild or remodel the structure in accordance with an approved Zoning Map Amendment for the Redevelopment Overlay (R-O) District (see Sec. 16-3-106.K); and
4.
Nonconforming signs.
Sec.16-7-102. - Nonconforming Uses
A. Expansion
A legal nonconforming use shall not be enlarged, expanded, or extended to occupy a greater area of land or gross floor area than was occupied on the date it became a legal nonconforming use. No new accessory use or structure shall be established on the site of a nonconforming use.
A legal nonconforming use may not be moved, in whole or in part, to any other portion of the parcel of land on which it is located, or to another parcel of land, unless the use will be in conformance with the use regulations of the district into which it is moved.
A nonconforming use, if changed to a conforming use, may not thereafter be changed back to any nonconforming use.
Sec.16-7-103. - Nonconforming Structures
The following provisions apply to all nonconforming structures unless approved in accordance with Sec. 16-7-101.F, Substitution of Nonconformities for Redevelopment.
A. Expansion, Relocation or Redevelopment
A legal nonconforming structure shall not be expanded, enlarged, relocated, or redeveloped, in whole or in part, unless the structure is made conforming in accordance with the provisions of this Ordinance or is otherwise allowed by the provisions in this Chapter or Chapter 16-9: Disaster Recovery.
B. Damage or Destruction of Nonconforming Structure
A legal nonconforming structure that is damaged or destroyed by means not covered by Chapter 16-9: Disaster Recovery (including intentional human destruction), may be repaired, reconstructed, or rebuilt only in accordance with the following requirements.
a.
A single-family dwelling unit existing within the Town that is damaged or destroyed, and is either permitted in the district in which it is located, or is a legally established nonconforming use in that district, may be rebuilt, restored or repaired consistent with the requirements of Title 15 of the Municipal Code.
b.
If any such dwelling unit is a legally established nonconforming structure as to a development standard under this Ordinance, then the rebuilding, restoration or repair shall comply with the development standards of this Ordinance to the extent deemed reasonably practical by the Official. In such circumstances, the applicant shall make every effort to eliminate the nonconformities and lessen the extent of the nonconformity.
2. Structure Less Than 50 Percent Destroyed
a.
A building permit may be issued to rebuild, restore, or repair a legal nonconforming structure within 18 months of damage or destruction of not more than 50 percent of its appraised fair market value immediately prior to the damage.
b.
Such appraisal, undertaken and submitted to the Town at the owner's expense, may be challenged by the Town on the basis of its own appraisal. The Town shall notify the applicant within 15 days of its intent to obtain another appraisal. The Board of Zoning Appeals shall have final determination authority in the case of any dispute.
c.
If the reconstruction is delayed through litigation or other cause beyond the control of the owner, the time of such delay shall not be considered when computing the 18-month period.
3. Structure More Than 50 Percent Destroyed
a.
A legal nonconforming structure damaged or destroyed to the extent of 50 percent or more of its appraised fair market value immediately prior to the damage shall not be repaired or replaced except in accordance with the requirements of this Ordinance.
b.
Such appraisal, undertaken and submitted to the Town at the owner's expense, may be challenged by the Town on the basis of its own appraisal. The Town shall notify the applicant within 15 days of its intent to obtain another appraisal. The Board of Zoning Appeals shall have final determination authority in the case of any dispute.
c.
This provision shall not be construed or enforced to deprive a unit owner in a horizontal property regime from rebuilding in the event the members of the regime vote for and fully fund, through insurance or otherwise, the total restoration of the project. The Town shall require a surety to insure full performance of the restoration project when regime insurance is not sufficient to fully cover the costs of reconstruction.
Sec.16-7-104. - Nonconforming Signs
A. Enlargement or Expansion
A legal nonconforming sign shall not be enlarged or structurally altered in any way that increases the extent of the nonconformity.
B. Maintained in Good Condition
A legal nonconforming sign shall be maintained in good and working condition in accordance with Sec. 16-5-114.C.2.f. Painting, repair, and refinishing of the sign face or sign structure is permitted, as long as the appearance of the sign complies with Sec. 16-5-114, Sign Standards.
(Revised 1-7-2020 - Ordinance 2020-02)
C. Change to Nonconforming Sign Shall Comply with this Ordinance
If a legal nonconforming sign is changed in any way (its dimensional standards, message, or any other element) because of a change in use, change in business name, or for any other reason, the sign shall comply with Sec. 16-5-114, Sign Standards with the exception of location. An off-premises sign may remain off-premises as long as it remains in the same location. Any modification that fails to comply with Sec. 16-5-114 shall render the prior Sign Permit void and shall result in the sign being in violation of this Ordinance.
(Revised 1-7-2020 - Ordinance 2020-02)
D. Repair, Reconstruction, or Replacement After Damage or Destruction
Repair, reconstruction, or replacement of a damaged or destroyed legal nonconforming sign shall be subject to the same provisions applicable to the repair, reconstruction, or replacement of a damaged or destroyed legal nonconforming structure in Sec. 16-7-103.B, Damage or Destruction of Nonconforming Structure.
Sec.16-7-105. - Nonconforming Site Features
A. Purpose
The purpose of this section is to cause certain legal nonconforming site features to be brought into compliance with the standards of this Ordinance as part of remodeling or expansion of an existing development.
1. Examples of Nonconforming Site Features
For the purposes of this Chapter and section, the term "nonconforming site features" includes site features to the extent they fail to comply with the standards in the referenced sections. Nonconforming site features include, but are not limited to, the following:
a.
Lack of or inadequate adjacent street or use buffer width or screening (Sec. 16-5-103);
b.
Lack of or inadequate number or dimensions of parking spaces (Sec. 16-5-107.D-E);
c.
Lack of or inadequate parking lot landscaping (Sec. 16-5-107.G);
d.
Fence or wall height (Sec. 16-5-113.C);
e.
Lack of or inadequate screening for particular uses;
f.
Use-Specific Conditions for Principal Uses; Sec. 16-4-103.E, Use-Specific Conditions for Accessory Uses and Structures; and Sec. 16-4-104.D, Use-Specific Conditions for Temporary Uses and Structures.
If an application is filed for a development approval or permit that proposes or would result in alteration of a nonconforming site feature on the development site, such nonconforming site feature(s) shall be brought into conformance with the standards of this Ordinance to the maximum extent practicable, except for disaster recovery situations covered by the provisions in Chapter 16-9: Disaster Recovery.