The purpose of this article is to control, improve, or terminate uses of land which do not conform to one or more provisions of this Ordinance. If a land use activity was legally established with all required local, state, and federal land use permits and approvals, yet does not currently conform to one or more provisions of this Ordinance, it may qualify as a legal nonconformity. The burden of proof for a prior nonconforming use shall be the responsibility of the party claiming such nonconformity.

Nothing within this Ordinance shall prohibit the change in use of existing, conforming activities, provided that change in use is a similar or less intensive use, minimum parking requirements are satisfied, and there are no special circumstances related to the previous use, such as, but not limited to, approval from the Board of Zoning Appeals or buffering restriction consent forms.

(Ord. No. 23-17, 6-25-2024)

Subject to the requirements of Section 161.20, a legal nonconformity may be continued upon first becoming a nonconformity, if the degree of nonconformity is not increased as determined by the Zoning Administrator. This means that no expansion, extension, substitution, or other changes in the nonconforming activities or facilities are allowed, except as expressly provided herein or by other public laws.

(Ord. No. 23-17, 6-25-2024)

Except for nonconforming signs, which are covered in Chapter 3 of this article, any legal nonconformity may be continued for a period of 5 years, without increasing the degree of nonconformity. After 5 years, the activity may only continue in compliance with the applicable vision clearance, parking requirements, screening requirements, and performance standards. This section shall not apply to activities regulated by Article 8 Mining Operations, and Article 9 Landfill Operations. There shall be no grandfathering provisions for allowed accessories to principal activities or Neighborhood Appearance District requirements, unless previously approved by a valid zoning permit.

(Ord. No. 23-17, 6-25-2024)

Notice must be given by the Zoning Administrator at least 6 months prior to the enforcement of any of the provisions of this article, except for Sections 163.12 and 163.13 in which a 30-day notice shall be required and Section 162.30 in which a notice is not required for alterations of exterior colors.

(Ord. No. 23-17, 6-25-2024)

Except for nonconforming signs, which are covered in Chapter 3 of this article, this chapter shall further govern the treatment of legal nonconformities. Unless otherwise determined by the Zoning Administrator, any changes in a legal nonconformity shall require issuance of a new zoning permit. The new zoning permit shall not extend the period until required compliance.

(Ord. No. 23-17, 6-25-2024)

Whenever a legal nonconforming land use activity discontinues active operation for a continuous period of 12 months, it can be reestablished only in the same manner as previously established, provided the degree of nonconformity is not increased. If other nonconformity provisions are included within this Ordinance or otherwise specifically noted in Article 16 (i.e., Sexually Oriented Businesses, Mobile Home Parks, Advertising Signs), the more restrictive shall apply.

(Ord. No. 23-17, 6-25-2024)

Any structure which is, or contains, a legal nonconformity and which is damaged or destroyed may be reconstructed and used as before. If the nonconformity is a disallowed use, the overall outside dimensions of the structure shall not increase, and the reconstruction shall not exceed the degree of nonconformity existing before the damage. If reconstruction of a nonconforming disallowed use is not substantially begun within 12 months of the damage, the structure will be considered abandoned and subject to provisions of Section 161.10. If the nonconformity is an allowed use, the overall outside dimensions of the structure may increase, as long as the reconstruction does not exceed the degree of nonconformity existing before the damage.

(Ord. No. 23-17, 6-25-2024)

Any structure which is, or contains, a legal nonconformity may be repaired or altered, provided the degree of nonconformity is not increased. Existing activities may only alter exterior building, canopy, fence, wall, or structure color as regulated in Section 23.51 of this Ordinance.

(Ord. No. 23-17, 6-25-2024)

A legal nonconformity which is a disallowed use may be expanded, provided the expansion does not exceed 50 percent of the existing developed area of the site and conforms to all applicable Restrictive Development buffering restrictions. In addition, the entire activity, existing and expansion, must also comply with all applicable vision clearance, parking requirements, screening requirements, and performance standards. Expansion of an actual disallowed use is only permitted if a special exception is granted by the Board of Zoning Appeals. However, an expansion required to meet federal, state, or local health, safety, or access regulations and the like, may be allowed provided the expansion complies with any applicable buffering restrictions, parking requirements, vision clearance requirements and performance standards. Such an expansion must be limited to meeting the required regulation only and may not further expand the actual disallowed use, unless granted a special exception by the Board of Zoning Appeals. The Board of Zoning Appeals shall take in consideration the stated opinions of the surrounding property owners, the surrounding land uses, the existing condition and circumstances of the property in relation to the expansion, the condition of other properties in the immediate area, conformance of the current use and expansion in relation to various zoning requirements, and any other extraordinary conditions or circumstances that may apply when deliberating a special exception request.

A legal nonconformity which is a disallowed use may convert to a less intensive use, provided the activity conforms to all applicable vision clearance, parking requirements, screening requirements, and performance standards. An expansion may only occur as allowed under this Section of the Ordinance.

A legal nonconformity which is an allowed use may be expanded if the degree of nonconformity is not increased. If the expansion does increase the degree of nonconformity, the expansion area must meet all current Zoning requirements.

The required compliance notice shall not pertain for the expansion of legal nonconformities.

Existing, developing, and/or approved residential developments that do not conform to current setbacks and/or density provisions within this Ordinance may expand utilizing the previously approved setbacks and the average overall density, as calculated by total exact acreage of previous phases provided the degree of nonconformity is not increased (i.e., equal or more restrictive density, equal or larger setbacks), connectivity between the existing and new phase(s) is provided, the developer for the expansion of the new phase(s) is the same entity as any of the existing phase(s), and is consistent with a master development plan of the overall development submitted in conjunction with the Development Review Meeting and/or submittal of initial phases. Previous approvals shall also be subject to Section 171.10 of this Ordinance relating to vested rights.

(Ord. No. 23-17, 6-25-2024)

A legal nonconformity, whether abandoned or not, may change use to a different activity, if the new activity is an allowed use and the degree of nonconformity is not increased. The period until required compliance shall be measured from the effective date of this Ordinance which initiated the original nonconformity.

(Ord. No. 23-17, 6-25-2024)

The relocation of a road right-of-way by the South Carolina Department of Transportation or Lexington County Public Works shall not be deemed to create or increase a nonconformity, with respect to the required setback from the road right-of-way. When a parcel is located on more than one right-of-way, each of its frontages shall be treated separately under this section.

(Ord. No. 23-17, 6-25-2024)

A legal nonconformity which utilizes an impoundment of water for any part of its activity will not be required to provide screening along activities on water surfaces or the water frontage of the property.

A commercial legal nonconformity will not be required to provide screening along the road frontage.

(Ord. No. 23-17, 6-25-2024)

163.01 Nonconforming Activities

Signs associated with a nonconforming activity may be continued during the lawful life of the activity, but shall be made to comply with all other applicable sign provisions after 10 years.

163.02 Reconstruction

A nonconforming sign shall not be removed and rebuilt as a nonconforming sign, except when the South Carolina Department of Transportation or Lexington County Public Works requires the sign to be relocated for improvements within a road right-of-way. However, such relocation shall not increase the degree of nonconformity, as determined by the Zoning Administrator.

163.03 Extension or Enlargement

A nonconforming sign shall not be extended or enlarged except in conformity with these regulations.

163.04 Reconstruction after Damage

A nonconforming sign shall not be rebuilt, altered, or repaired except in conformity with these regulations after sustaining damage exceeding 50 percent of the replacement cost of the sign at the time of the damage.

163.05 Ordinary Maintenance

Nothing in this chapter shall be deemed to prevent the ordinary maintenance and repair of a nonconforming sign or advertising sign or replacement of a broken part of a nonconforming sign or advertising sign.

163.06 Change of Copy

Nothing in this chapter shall be deemed to prevent the ordinary change of copy on an advertising sign or a business changeable copy sign.

The Board of Zoning Appeals may extend any deadlines contained in this chapter if it is determined that the regulation would be a financial hardship for the owner of the sign. This hardship must have occurred through contractual obligations in effect before the adoption of these restrictions.

163.11 Location

Signs which are not an allowed activity because of district designation or road classification shall be removed within 10 years after the effective date of these regulations.

163.12 Advertising Signs

All advertising signs which are nonconforming shall be allowed to remain as installed in their existing location as long as they comply with the provisions contained in Section 26.10. Nonconforming advertising signs converting from static display will be allowed structural improvements and/or display replacement, provided the digital display meets the requirements of Section 26.66 Digital Technology and the display area and the degree of nonconformity are not increased.

In the event an existing advertising sign must be removed due to roadway projects and/or right-of-way acquisition, affected advertising signs may be relocated within 500 feet of the current site, per State Statute 57-25-190 (E) as amended. Applicants shall provide documentation of the necessity to relocate, along information relating to the new location, size, and measurements.

Signs using digital technology as regulated in Section 26.66 shall be brought into compliance with these regulations within 90 days.

163.13 Business Signs

All business signs which are nonconforming shall be allowed to remain as installed in their existing location as long as they comply with the provisions contained in Section 26.10.

Electronic message boards as regulated in Section 26.52 shall be brought into compliance with these regulations within 90 days.

163.14 Temporary Signs

All nonconforming temporary signs shall be removed or made conforming within 90 days after the effective date of these regulations.

163.15 Special Requirements

Any sign violating the provisions of Sections 26.10, 26.20, or 26.30 shall be removed or made conforming within 90 days after the effective date of these regulations.

(Ord. No. 23-17, 6-25-2024)

Whenever any nonconforming sign, or part thereof, is replaced, converted, or altered more than just the replacement of the sign face, the entire sign shall be brought into compliance with these regulations.

(Ord. No. 23-17, 6-25-2024)

Whenever a business is repaired, altered, remodeled, or expanded to an extent exceeding 50 percent of the current replacement cost of the building within any period of 12 months, all signs, other than freestanding signs, shall be brought into compliance with these regulations.

Nonconforming advertising signs are allowed to perform structural improvements in order to replace the existing display as part of ordinary maintenance, update the type of display (i.e., convert to digital technology), or to ensure the sign is structurally safe, provided there is no increase in the height, display area, or degree of nonconformity.

(Ord. No. 23-17, 6-25-2024)

This Chapter shall regulate Mobile Home or Tiny Home Parks which are legal nonconformities.

(Ord. No. 23-17, 6-25-2024)

The period until required compliance for each nonconforming mobile home park shall be measured from the effective date of the initial enactment of this chapter of the Ordinance.

(Ord. No. 23-17, 6-25-2024)

Any Mobile Home or Tiny Home Park which is a legal nonconformity may be continued for a period of 5 years, without increasing the degree of nonconformity. After 5 years, the Mobile Home or Tiny Home Park may continue only through compliance with the parking and operational requirements of Article 7, and with the driveway restrictions, screening requirements and performance standards of Article 2. Required screening for nonconforming mobile home or tiny home parks shall be limited to Restrictive Development zoning districts and protected grandfathered residential uses only. Also, any applicable Federal, State, or County regulations or guidelines, including but not limited to SCDHEC Regulations, the Addressing and Road Naming Ordinances, the International Building and Residential Codes, the Assessor's Mobile Home Registration process, SCDMV and Auditor's Office registration requirements must be met. Proposed name changes to nonconforming Mobile Home or Tiny Home Parks must be approved by the Lexington County Planning and GIS Department.

(Ord. No. 23-17, 6-25-2024)

164.31 Abandonment

Whenever 50 percent of the mobile homes within a Mobile Home or Tiny Home Park are removed or become unoccupied for a continuous period of 12 months, the Mobile Home or Tiny Home Park may be reestablished only through compliance with all the restrictions applicable to a new park.

164.32 Damage

If a structure in a legally nonconforming Mobile Home or Tiny Home Park is damaged or destroyed during the period until required compliance, the structure may be repaired or replaced without increasing the degree of nonconformity. After the period until required compliance, a damaged structure may be repaired or replaced only in compliance with Section 112.20.

164.33 Repairs and Alterations

Nothing in this chapter shall be deemed to prevent the ordinary maintenance and repair of a structure in a legally nonconforming Mobile Home or Tiny Home Park. However, no alterations are allowed except in compliance with Section 162.20.

164.34 Change in Use

If a nonconforming Mobile Home or Tiny Home Park is replaced by an allowed use, and the owner wishes to re-establish the Mobile Home or Tiny Home Park before the 12 month abandonment period for the park elapsed, the re-established park must comply with all restrictions applicable to a new park.

164.35 Operational Requirements

All nonconforming Mobile Home or Tiny Home Parks shall comply with the operational requirements listed in Section 72.50 of this Ordinance.

(Ord. No. 23-17, 6-25-2024)

The relocation of a road right-of-way by the South Carolina Department of Transportation or Lexington County Public Works shall not be deemed to create or increase a nonconformity, with respect to the required setback from the road right-of-way. When a parcel is located on more than one right-of-way, each of its frontages shall be treated separately under this section.

(Ord. No. 23-17, 6-25-2024)