James Island City Zoning Code
NONCONFORMITIES
§ 153.355 PURPOSE.
(A) It is the general policy of the town to allow uses, structures, lots, signs, and other situations that came into existence legally – in conformance with then-applicable requirements – to continue to exist and to be put to productive use, but to bring as many aspects of such situations into compliance with existing regulations as is reasonably possible. This subchapter establishes regulations governing uses, structures, lots, and signs that were legally established but that do not comply with one or more existing requirements of this chapter.
(B) The regulations of the subchapter are intended to:
(1) Recognize the interests of property owners in continuing to use their property;
(2) Promote reuse and rehabilitation of existing buildings; and
(3) Place reasonable limits on the expansion of nonconformities that have the potential to adversely affect surrounding properties and the town as a whole.
(Ord. 2012-06, § 10.1.1, passed 10-18-2012; Ord. 2013-09, passed 8-15-2013)
§ 153.356 EXISTING NONCONFORMITIES.
(A) Authority to continue. Any nonconformity that legally existed on October 18, 2012 or that becomes nonconforming upon the adoption of any amendment of this chapter may be continued in accordance with the provisions of this subchapter.
(B) Determination of nonconformity status. The burden of establishing that a nonconformity is a legal nonconformity shall, in all cases, rest solely upon the owner of such nonconformity.
(C) Repairs and maintenance. Incidental repairs and normal maintenance of nonconformities shall be permitted unless such repairs are otherwise expressly prohibited by this chapter. Nothing in this subchapter shall be construed to prevent structures from being structurally strengthened or restored to a safe condition, in accordance with an official order of the Director of Building Inspection or his or her designee.
(D) Change of tenancy or ownership. The status of nonconformity is not affected by changes of tenancy, ownership, or management.
(Ord. 2012-06, §§ 10.1.2 through 10.1.5, passed 10-18-2012; Ord. 2013-09, passed 8-15-2013)
§ 153.357 NONCONFORMITIES CREATED BY PUBLIC ACTION.
When lot area or setbacks are reduced as a result of conveyance to a federal, state, or local government for a public purpose and the remaining area is at least 50% of the otherwise applicable minimum standard, then that lot shall be deemed to be in compliance with the minimum lot area and setback standards of this chapter.
(Ord. 2012-06, § 10.1.6, passed 10-18-2012; Ord. 2013-09, passed 8-15-2013)
§ 153.358 NONCONFORMING USES.
(A) Definition. A NONCONFORMING USE is a use that was legally established but which is no longer allowed by the use regulations of the zoning district in which it is located.
(B) Expansion. A nonconforming commercial or industrial use shall not be enlarged or expanded unless one of the following conditions exists:
(1) Such expansion eliminates or reduces the nonconforming aspects of the situation; or
(2) The expansion is into a part of the building or structure that was lawfully and manifestly designed or arranged for such use, provided that no such expansions shall be allowed if displaces a conforming use.
(C) Change of use.
(1) A nonconforming use may not be changed to any use other than a use allowed in the zoning district in which it is located, provided that the Board of Zoning Appeals shall be authorized to approve a change to another nonconforming use in accordance with the special exception procedures of this chapter. In acting upon such requests, the Board of Zoning Appeals shall not be guided by the special exception approval criteria of this chapter, but rather shall approve the change of use only upon a finding that the new use will be less detrimental to adjacent property and general area than the existing nonconforming use.
(2) When a conforming use becomes nonconforming as result of a zoning map amendment initiated by the applicant, the nonconforming use shall then be removed prior to the issuance of a certificate of occupancy for the conforming use.
(D) Loss of legal nonconforming status.
(1) Abandonment. If a nonconforming use is replaced with another use or is discontinued for any reason for a period of more than 12 consecutive months or 18 months in cumulative total within any three-year period, the use shall be considered abandoned. Once abandoned, the use’s legal nonconforming status shall be lost and re-establishment of a nonconforming use shall be prohibited. Any subsequent use of the property shall comply with the regulations of the zoning district in which it is located.
(2) Damage or destruction.
(a) No nonconforming commercial or industrial use that is damaged by fire or any other cause shall be restored if the cost of the repair equals 50% or more of the use’s total physical replacement cost, which shall consist solely of labor and materials. Determination of physical replacement costs shall be made by the Director of Building Inspection. When such repairs are allowed to be made, they shall be in full compliance with the regulations of this chapter.
(b) A nonconforming residential use that is damaged by fire or any other cause may be restored. In such cases, the use may be re-established to the extent that existed before the time of damage, within the pre-existing structure boundaries (footprint and height), provided that the repairs or rebuilding do not increase the degree of nonconformity and provided that such repairs, restoration, or reconstruction begin within 12 months of the date of such damage.
(E) Accessory uses and structures. No use or structure that is accessory to a principal nonconforming use or structure shall continue after such principal use or structure shall have ceased or terminated, unless it complies with all regulations of this chapter.
(Ord. 2012-06, § 10.2, passed 10-18-2012; Ord. 2013-09, passed 8-15-2013)
§ 153.359 NONCONFORMING STRUCTURES.
(A) Definition. A NONCONFORMING STRUCTURE is any building or structure that was legally established but which no longer complies with the density, intensity, and dimensional standards of the underlying zoning district. For NONCONFORMING REGISTERED ADU regulations, see § 153.362.
(B) Use. A nonconforming structure may be used for any use allowed in the underlying zoning district.
(C) Expansion. A nonconforming residential structure may be enlarged or expanded if such residential expansion follows the outside wall at ground level, other than porches, decks, or canopies. The outside wall (other than porches, decks, or canopies) of a nonconforming residential structure that does not meet current dimensional standards (setbacks), shall only be allowed to expand vertically from ground level provided that such expansion does not exceed the maximum building height requirements for that zoning district or encroach into any setback. All other expansion shall meet all other applicable portions of the chapter including density, intensity, and dimensional standards.
(D) Moving. A nonconforming structure may be moved in whole or in part to another location if the movement or relocation does not increase the extent of nonconformity.
(E) Subdivision. If a lot is occupied by a nonconforming structure, it may be subdivided provided that subdividing does not create a new nonconformity or increase the degree of nonconformance of the structure.
(F) Loss of legal nonconforming status; damage or destruction.
(1) No nonconforming commercial or industrial structure that is damaged by fire or any other cause shall be restored if the cost of the repair work equals 50% or more of the structure’s total physical replacement cost. Determination of physical replacement costs shall be made by the Director of Building Inspection. When such repairs are allowed to be made, they shall be in full compliance with the regulations of this chapter.
(2) A nonconforming residential structure that is damaged by fire or any other cause may be restored. In such cases, the structure may be re-established to the extent that existed before the time of damage, within the pre-existing structure boundaries (footprint and height), provided that the repairs or rebuilding do not increase the degree of nonconformity and provided that such repairs, restoration, and reconstruction begin within 12 months of the date of such damage.
(3) Nothing in this section shall conflict with the requirements of the Federal Emergency Management Agency’s Flood Plain Management Regulations.
(Ord. 2012-06, § 10.3, passed 10-18-2012; Ord. 2013-09, passed 8-15-2013; Ord. 2025-10, passed 11-20-2025)
§ 153.360 NONCONFORMING LOTS.
(A) Definition. A NONCONFORMING LOT is a tract of land, designated on a duly recorded subdivision plat, by a duly recorded deed or by other lawful means, that complied with the lot area, lot width, and lot depth standards of the zoning district in which it was located at the time of its creation, but which does not comply with the minimum lot area, lot width, or lot depth requirements of the zoning district in which it is now located.
(B) Vacant lots. If a nonconforming lot or parcel was vacant on the date on which this chapter became applicable to it, then the owner may use the property for uses allowed by the underlying zoning district, provided that the use shall comply with the applicable setback to the maximum extent possible. If the underlying zoning district permits a variety of uses or a variety or intensities or uses and one or more uses or intensities would comply with setback standards, while others would not, then only the uses or intensities that would comply with the applicable setback standards shall be permitted.
(C) Lot with building or structure. If a nonconforming lot or parcel contains a building or structure on the date on which this chapter became applicable to it, then the owner may continue the use of that building or structure and may reasonably expand the structure in any way that does not increase the degree of nonconformity; an increase in building size shall not be deemed to increase the degree of nonconformity unless it increases the encroachment on a required setback.
(Ord. 2012-06, § 10.4, passed 10-18-2012; Ord. 2013-09, passed 8-15-2013)
§ 153.361 NONCONFORMING SIGNS.
(B) On-premises signs. All legal nonconforming permanent on-premises signs in place prior to October 18, 2012, shall be removed or replaced by August 15, 2014. All other on-premises signs not in conformance with the standards of this chapter shall be removed or otherwise brought into compliance with the standards of this chapter.
(C) Off-premises signs.
(1) All legally existing nonconforming off- premises signs shall be removed, altered, or otherwise made to conform to the provisions of this chapter.
(2) All other off-premises signs shall be removed, altered, or brought into compliance with the provisions of this chapter.
(Ord. 2012-06, § 10.5, passed 10-18-2012; Ord. 2013-09, passed 8-15-2013)
§ 153.362 NONCONFORMING REGISTERED ACCESSORY DWELLING UNITS (ADUs).
(A) Definition. A NONCONFORMING REGISTERED ADU is an ADU that existed on or before October 18, 2012, but which no longer complies with the density, intensity, and dimensional standards of the underlying zoning district, yet has met the following requirements to be considered a registered and allowed (legal) ADU.
(B) Determination. The burden of establishing that a nonconforming ADU existed before October 18, 2012, and that all requirements contained in this section are satisfied, in all cases, rests solely upon the owner of such nonconformity. Acceptable documentation for proving that a nonconforming ADU existed on or before October 18, 2012 may consist of sworn affidavits from adjacent property owners and others who have personal knowledge, and/or other evidence deemed necessary and/or sufficient by the Zoning Administrator.
(C) Requirements.
(1) Must apply for nonconforming registered ADU approval through the application, and receive approval from the Zoning Administrator in order to continue occupancy.
(2) Only one nonconforming registered ADU shall be permitted per lot.
(3) Full-time property owner must reside on property. Proof of full-time residency must be provided at the time of application with owner- occupied legal residence tax bill, driver’s license, voter registration, vehicle registration, and any other documentation requested by the Zoning Administrator and listed on the application.
(4) Separate electrical meters shall not be allowed for nonconforming registered ADUs.
(5) Nothing in this section shall conflict with the requirements of the Federal Emergency Management Agency’s Flood Plain Management Regulations or the current adopted flood ordinance.
(6) There shall be no adding to the existing footprint (expansion) of the nonconforming registered ADU.
(7) If structure does not have a certificate of occupancy for habitation, retroactive building permits from Charleston County Building Services and applicable zoning permits must be obtained. This may include updating the structure to comply with current building code, inspections, flood regulations, and any other applicable federal and state regulations including all requirements of the applicable code of ordinances.
(8) Applicant must notify all appropriate government, utility and emergency service providers (including but not limited to JIPSD, CWS, 911, and Charleston County Addressing), and provide letters of coordination from each entity, per application.
(Ord. 2025-10, passed 11-20-2025)