Holden Beach City Zoning Code
NONCONFORMANCE PROVISIONS
§ 157.100 CONTINUATION OF NONCONFORMING SITUATIONS.
Nonconforming situations that were otherwise lawful on the effective date of this chapter may be continued, subject to the restrictions and qualifications set forth in this subchapter.
('85 Code, § 15-4.1) (Ord. 33, passed 10-5-81; Am. Ord. 4-90, passed 4-2-90)
§ 157.101 NONCONFORMING LOTS.
(A) When a nonconforming lot can be used in conformity with all of the regulations (other than the area or width requirements) applicable to the district in which the lot is located, such a use may be made as of right. Otherwise, the nonconforming lot may be used only in accordance with a special use permit issued by the Board of Adjustment. The Board shall issue such a permit if it finds that:
(1) The proposed use is one permitted by the regulations applicable to the district in which the property is located; and
(2) The property can be developed as proposed without any significant negative impact on the surrounding property or the public health, safety, or welfare. In issuing the permit authorized by this section, the Board may allow deviations from applicable dimensional requirements (such as setback lines and yard size minimums) if it finds that no reasonable use of the property can be made without such deviations.
(B) Whenever this chapter creates a nonconforming lot and the owner of the nonconforming lot also owns land adjacent to it, and a portion of this other land can be combined with the nonconforming lot to create a conforming lot (without thereby creating other nonconformities), the owner of the nonconforming lot, or his successor in interest, may not take advantage of the provisions of division (A) of this section.
(‘85 Code, § 15-4.2) (Ord. 33, passed 10-5-81; Am. Ord. 21-10, passed 6-15-21) Penalty, see § 157.999
§ 157.102 EXTENSION OR ENLARGEMENT OF NONCONFORMING SITUATIONS.
(A) Except as specifically provided in this section it shall be unlawful for any person to engage in any activity that causes an increase in the extent of nonconformity of a nonconforming situation.
(B) Subject to division (C) of this section, a nonconforming use may be extended throughout any portion of a completed building that, when the use was made nonconforming by this chapter, was manifestly designed or arranged to accommodate such use. However, a nonconforming use may not be extended to additional building or to land outside the original building.
(C) The volume, intensity, or frequency of use of property where a nonconforming situation exists may be increased and the equipment or processes used at a location where a nonconforming situation exists may be changed if these or similar changes amount only to changes in the degree of activity rather than changes in kind and no violations of other divisions of this section occur.
(D) Physical alteration of structures or the placement of new structures on open land are unlawful if they result in:
(1) An increase in the total amount of space devoted to a nonconforming use.
(2) Greater nonconformity with respect to dimensional restrictions such as yard requirements, height limitations, or density requirements.
(3) The enclosure of previously unenclosed areas. An area is unenclosed unless at least 75% of the perimeter of the area is marked by a permanently constructed wall.
(E) Minor repairs to and routine maintenance of property where nonconforming situations exist are permitted and encouraged.
(F) Notwithstanding division (D) of this section, any structure used for single-family residential purposes and maintained as a nonconforming use may be replaced with a similar structure of a larger size, so long as the replacement does not create new nonconformities or increase the extent of existing nonconformities with respect to yard size and setback requirements. This division is subject to the limitations stated in § 157.104 of this subchapter on abandonment and discontinuance of nonconforming situations.
(G) A structure that is nonconforming in any respect or a structure that is used in a nonconforming manner may be reconstructed or replaced if partially or totally destroyed subject to the following restrictions:
(1) The total amount of space devoted to a nonconforming use may not be increased.
(2) The reconstructed building may not be more nonconforming with respect to dimensional restrictions such as yard requirements, height limitations, or density requirements, and such dimensional nonconformities must be eliminated if that can reasonably be accomplished without unduly burdening the reconstruction process or limiting the right to continue the nonconforming use of such building.
(3) The reconstructed building may not enclose areas that were previously unenclosed. An area is unenclosed unless at least 75% of the perimeter of the area is marked by a permanently constructed wall.
(4) Under no circumstances can a mobile or manufactured home in a nonconforming situation be replaced.
('85 Code, § 15-4.3) (Ord. 33, passed 10-5-81; Am. Ord. 4-90, passed 4-2-90; Am. Ord. 02-12, passed 10-14-02) Penalty, see § 157.999
§ 157.103 CHANGE IN KIND OF NONCONFORMING USE.
A nonconforming use may be changed to a conforming use. Thereafter, the property may not revert to a nonconforming use.
('85 Code, § 15-4.4) (Ord. 33, passed 10-5-81; Am. Ord. 02-12, passed 10-14-02) Penalty, see § 157.999
§ 157.104 ABANDONMENT AND DISCONTINUANCE; SPECIAL USE PERMIT.
(A) When a nonconforming used is discontinued for a consecutive period of 180 days, or discontinued for any period of time without a present intention to reinstate the nonconforming use, the property involved may thereafter be used only for conforming purposes, except as provided in division (B) of this section.
(B) The Board of Adjustment may issue a special use permit to allow a nonconforming use that has been discontinued for more than 180 consecutive days to be reinstated if it finds that:
(1) The nonconforming use has been discontinued for less than two years.
(2) The discontinuance resulted from factors that, for all practical purposes, were beyond the control of the persons maintaining the nonconforming use.
(C) (1) If the principal activity on property where a nonconforming situation other than a nonconforming use exists is discontinued for a consecutive period of 180 days, or discontinued for any period of time without a present intention of resuming that activity, then that property may thereafter be used only in conformity with all of the regulations applicable to the district in which the property is located, unless the Board of Adjustment issues a special use permit to allow the property to be used (for a conforming purpose) without correcting the nonconforming situation.
(2) The Board shall issue such a special use permit if it finds that:
(a) The nonconforming situation can-not be corrected without undue hardship or expense.
(b) The nonconforming situation is of a minor nature that does not adversely affect the surrounding property or the general public to any significant extent.
(D) For purposes of determining whether a right to continue a nonconforming situation is lost pursuant to this section, all of the buildings, activities, and operations maintained on a lot are generally to be considered as a whole. For example, the failure to rent one apartment in a nonconforming apartment building or one space in a nonconforming mobile home park shall not terminate the right to continue if the use as a whole is continuously maintained. But if a nonconforming use is maintained in conjunction with a conforming use, discontinuance of a nonconforming use for the required period shall terminate the right to maintain it thereafter. And so, if a mobile home is used as a nonconforming use on a residential lot where a conforming residential structure also is located, removal of that mobile home for 180 days terminates the right to replace it.
(E) The provisions relating to the 180-day period of discontinuance of use shall not apply to rental property normally rented on a seasonal basis.
(‘85 Code, § 15-4.5) (Ord. 33, passed 10-5-81; Am. Ord. 4-84, passed 2-6-84; Am. Ord. 21-10, passed 6-15-21) Penalty, see § 157.999