11:1.1 Purpose and Intent.

From time to time, lots, sites, structures, uses, and signs that were lawfully established may no longer conform to the current standards of this Ordinance by reason of adoption, revision, or amendment to the Ordinance, or even right-of-way acquisition for public infrastructure projects. The standards of this Article seeks to relieve hardship from the requirements of this Ordinance for legal nonconformities while also improving the City's ability to regulate nonconformities. This Article provides for the removal and termination of illegal nonconformities and the regulation of legal nonconforming lots, sites, structures, and uses, and specifies those circumstances and conditions under which legal nonconformities are permitted to continue.

11:1.2 Applicability.

A.

Legal nonconformities. Legal nonconformities are the nonconformities that were properly permitted and legally established but no longer comply with current zoning and development regulations. This Article applies to existing lots, sites, structures, and uses that became nonconforming upon the adoption or amendment of this Ordinance, or other lawful adjustment pertaining to the lot or site such as public right-of-way acquisition. Legal nonconformities are allowed to continue in accordance with the regulations of this Article.

B.

Illegal nonconformities. Illegal nonconformities are those conformities that were not properly permitted, or were otherwise illegally established, and do not comply with current zoning and development regulations. Illegal nonconformities are hereby declared to be prohibited and a violation of this Ordinance. Illegal nonconformities are subject to enforcement actions, up to and including removal and termination. Illegal nonconforming lots, sites, structures, and uses are not allowed to be changed, enlarged, expanded, or extended unless such nonconforming lot, site, structure or use is brought into full compliance with the provisions of this Ordinance.

11:1.3 Burden of Proof.

The burden of establishing a legal nonconformity shall, in all cases, be upon the owner of such lot, site, structure, or use, and not upon the City or any other person.

11:1.4 Repairs and Maintenance.

Repairs and normal maintenance required to keep nonconforming sites and structures in a safe condition are hereby allowed so long as no alterations are made to the site or structure beyond those allowed by this Article or otherwise allowed by law or ordinance. Additionally, repairs ordered by a public official whose interest is in the protection of public safety are also hereby allowed.

(Ord. No. 1033, § 3, 5-20-2024)

11:2.1 Continuation of Legal Nonconforming Uses.

Uses of land and buildings that lawfully existed prior to the adoption or amendment of this Ordinance, but which are not a use allowed by the current standards of this Ordinance, may continue to operate as a legal nonconforming use in accordance with the following standards.

A.

Enlargement. A legal nonconforming use may not be enlarged, expanded, or extended to occupy a greater area of land or floor area than presently occupied.

B.

Accessory structures. No new accessory structure(s) may be established on the site of the legal nonconforming use.

C.

New uses. No new use(s) which are not allowed by the zoning of the lot or property may be established on the site of the legal nonconforming use.

D.

Change of use. A legal nonconforming use may not be changed to another use that is not allowed by the zoning of the lot or property.

E.

Relocation. A legal nonconforming use may not be moved or relocated, in whole or in part, to any other portion of the site on which it is located, or to any other building located thereon, nor to any other lot or property, unless such use is allowed by the zoning of that lot or property.

F.

Damage or destruction. A legal nonconforming use located within a building or structure which is damaged or destroyed may be restored or reestablished provided that a building permit for such reconstruction or restoration is applied for with the City within six (6) months from the date of the occurrence that caused the damage or destruction and provided that the size and number of the buildings or structures is not increased. Any building or structure which is not reestablished in the exact same footprint must meet all the bulk and setback requirements for the zoning district in which it is located.

G.

Removed structures. A legal nonconforming use associated with a building or structure that is physically removed or relocated from the lot or property may not be reestablished or replaced on that lot or property. Notwithstanding, manufactured homes in nonconforming manufactured housing communities may be replaced so long as the total number of units does not increase from the time of adoption or amendment of this Ordinance.

H.

Change of ownership. Changes of ownership or management of a nonconforming use, where the use does not change, are permitted in accordance with the standards of this section.

11:2.2 Abandonment of Nonconforming Uses.

If a legal nonconforming use is abandoned, discontinued, or ceases activity for a continuous period of ninety (90) calendar days, such use shall not be reestablished, and any use of the lot or property shall thereafter conform to the uses allowed by the zoning district in which it is located. The Business and Development Services Director shall have the authority to determine if a legal nonconforming use has been abandoned for a continuous period of ninety (90) days or more. The Business and Development Services Director may consider the following circumstances in making such a determination:

A.

The disconnection of utility services, such as water, gas, or electricity, to the building or property, including the closing of an account for such service;

B.

The removal of equipment, fixtures, or structures associated with the nonconforming use;

C.

The neglect and disrepair of structures and facilities associated with the nonconforming use;

D.

The removal or abandonment of signs associated with the nonconforming use;

E.

The expiration or termination of a City-issued business license for the nonconforming use;

F.

The discontinuation of activities at the lot or property; or

G.

Other actions which, in the judgment of the Business and Development Services Director, demonstrate an intention to abandon or cease the nonconforming use.

If the owner of the nonconforming has taken observable steps to resume the nonconforming use prior to the end of this 90-day period, the Business and Development Services may take this into consideration.

11:2.3 Abandonment of Accessory Nonconforming Uses.

A legal nonconforming use that is accessory to a principal use is not allowed to continue or be reestablished after any length of time of abandonment or cessation.

(Ord. No. 1033, § 3, 5-20-2024)

11:3.1 Continuation of Legal Nonconforming Structures.

Structures that lawfully existed prior to the adoption or amendment of this Ordinance, but which do not comply with the current standards of this Ordinance, may continue to be used or occupied as a legal nonconforming structure in accordance with the following standards.

A.

Repairs and alterations. A legal nonconforming structure may be repaired, improved, modernized, altered, or rehabilitated only if the extent of the nonconforming aspect of the structure is not increased.

B.

Expansions and additions. A legal nonconforming building may be enlarged or altered, provided the area of the expansion is within required setbacks and meets all other development and zoning standards. The portion of a building that encroaches into a required building setback or landscape buffer may not be increased in height.

C.

Reduction of nonconformity. A legal nonconforming structure may be altered or modified in a manner that eliminates, removes, or reduces any or all of the nonconforming aspect(s) of the structure. Nonconforming aspects of structure may not be reestablished after they have been eliminated, removed, or reduced.

D.

Damage or destruction. A legal nonconforming structure which is damaged or destroyed may be restored or reestablished within the same footprint as existed at the time of the damage or destruction provided that a building permit for such reconstruction or restoration is applied for with the City within six (6) months from the date of the occurrence that caused the damage or destruction.

11:3.2 Nonconforming Façade Design.

Buildings with a façade that does not conform to the building design standards of this Ordinance may be repaired or improved in a manner that reduces or eliminates or otherwise does not increase or reproduce the nonconforming aspect(s) of the façade. However, if any other building expansion or renovation is proposed, such expansion or renovation must conform with the building design standards of this Ordinance, as determined by the Business and Development Services Director.

(Ord. No. 1033, § 3, 5-20-2024)

11:4.1 Continuation of Legal Nonconforming Sites.

Sites with improvements that lawfully existed prior to the adoption or amendment of this Ordinance, but which do not comply with the current standards of this Ordinance, may continue to be used or occupied as a legal nonconforming site in accordance with this section. Regarding additional site improvements and modifications, this section is intended to foster gradual increased conformance, and ultimately compliance, with the site standards in this Ordinance such as landscaping, parking, lighting, and so forth.

11:4.2 Modifications and Improvements to Legal Nonconforming Sites.

Modifications and improvements to legal nonconforming sites may be allowed by the Business and Development Services Director without necessarily bringing the entire site in conformance. Any modifications or improvements must not increase the extent to which the site does not conform to current standards in this Ordinance. Aspects of the site that do not conform to parking and/or landscaping standards of this Ordinance must be brought into compliance upon modification and improvements to the nonconforming site to the extent that is proportionate to the size of the expansion of the site or building.

The Business and Development Services Director shall determine the aspects of the site that should be brought into conformance that are reasonable and in proportion to the site modifications and improvements being proposed. The Business and Development Services Director may consider the following circumstances in making such a determination:

A.

The scale and construction cost of the building or site improvements or expansion;

B.

The need for improvements to enhance public safety at the site;

C.

The opportunity for improvements to achieve the visions, objective and/or strategies of the City such as the installation of sidewalks to promote and enhance the pedestrian experience; and

D.

The opportunity for improvements to eliminate or reduce nonconforming aspects of the site.

11:4.3 Nonconforming Sites Resulting from Right-of-Way Acquisition or Expansion.

Buildings, structures, parking lots, and other site improvements which lawfully existed prior to the adoption or amendment of this Ordinance, but which no longer comply with the provisions of this Ordinance due to the acquisition or expansion of right-of-way on behalf of the City, Greenville County, or the State of South Carolina may continue to be used or occupied as a legal nonconforming site.

Such sites may be improved or expanded without a variance upon determination by the Business and Development Services Director that such improvement or expansion is reasonable. The Business and Development Services Director may consider the following circumstances in making such a determination:

A.

The building, structure, parking lot, or other site improvement was in conformance with current standards prior to the acquisition or expansion of the right-of-way;

B.

The building, structure, parking lot, or other site improvement will not further encroach into the required setback or buffer yard; and

C.

The proposed improvement or expansion will meet the current standards of this Ordinance to the extent practical.

11:4.4 Development of Legal Nonconforming Lots.

Lots of record that lawfully existed prior to the adoption or amendment of this Ordinance, but which no longer comply with the provisions of this Ordinance, may be developed for uses allowed in the applicable zoning district in accordance with the following standards:

A.

Existing lot of record. The lot must be an existing lot of record, lawfully created prior to the adoption or amendment of this Ordinance; and

B.

Compliance with standards. The location and development of the lot must conform to all other applicable standards of this Ordinance such as building setbacks, maximum density, minimum open space, maximum building height, minimum parking, landscaping, etc.

(Ord. No. 1033, § 3, 5-20-2024)

11:5.1 Continuation of Legal Nonconforming Signs.

Signs that lawfully existed prior to the adoption or amendment of this Ordinance, but which no longer comply with the provisions of this Ordinance, may continue to be used and maintained in accordance with the following standards:

A.

Sign face change. The sign face, including the copy or graphics on the sign face, may be changed on a nonconforming sign. However, a nonconforming sign or sign structure may not be changed or replaced with another nonconforming sign or sign structure.

B.

Structural alteration. A nonconforming sign may only be structurally altered to eliminate or substantially reduce a nonconforming aspect of the sign. The Business and Development Services Director shall determine if the reduction is substantial enough to warrant the alteration. Additionally, the alteration must not introduce or increase another nonconforming aspect of the sign.

C.

Enlargement or relocation. A nonconforming sign may not be enlarged, expanded, or relocated, unless the entire sign is brought into full compliance with the current standards of this Ordinance.

D.

Removed signs. A nonconforming sign which has been removed for any reason may not be reestablished or reconstructed, unless the entire sign is brought into full compliance with the current standards of this Ordinance.

E.

Damage or destruction. A nonconforming sign shall not be reestablished or reconstructed after damage or destruction of more than fifty (50) percent of the replacement value of the same type sign at the time of such damage or destruction.

F.

Abandoned signs. A nonconforming sign shall not be reestablished or reused after it has been abandoned for more than a continuous period of one hundred eighty (180) days. Abandonment shall include signs without a message or whose display surface has been blank or covered; signs which pertain to a time, event, or purpose which no applies or has elapsed; signs advertising a business that has closed or terminated occupancy at the premises of the sign; or signs consistent with the definition of an abandoned sign or sign structure as provided in this Ordinance.

G.

Acceptable relocation. Notwithstanding the standards herein, a sign may be relocated in accordance with subsection 11:5.3.

11:5.2 Repair and Maintenance of Legal Nonconforming Signs.

A nonconforming sign may be maintained and repaired in accordance with this section. Repairs necessary to restore a nonconforming sign or sign structure to a safe condition are allowable in accordance with the provisions of this section. Basic maintenance, such as painting or refinishing the surface of the sign or sign structure, are allowable in accordance with the provisions of this section.

11:5.3 Signs Made Nonconforming Due to Right-of-Way Acquisition.

When a sign, whether conforming or legal nonconforming, is located on property which is acquire as right-of-way by the City, Greenville County, or the State of South Carolina, the sign may continue to be used or relocated in accordance with the following standards:

A.

Signs outside new right-of-way. A sign which is not located in and does not overhang the new right-of-way may remain in its place unless it is found to obstruct pedestrian and motorist visibility at driveways and/or intersection. If the sign does need to be relocated, it shall comply, as near as possible, to the required setbacks provided in this Ordinance. Where there are constraints on the site that prevent the sign from meeting the required setback, it shall be permitted to encroach into the required as minimally as possible and must be located so as not to obstruct pedestrian and motorist visibility at driveways and/or intersections.

B.

Signs inside the new right-of-way. When a sign is located within the newly acquired right-of-way, the sign must be relocated out of the new right-of-way and shall comply, as near as possible, to the required setbacks provided in this Ordinance. Where there are constraints on the site that prevent the sign from meeting the required setback, it shall be permitted to encroach into the required setback as minimally as possible and must be located so as not to obstruct pedestrian and motorist visibility at driveways and/or intersections.

C.

Legal nonconforming sign status. Any sign that does not meet the required setbacks, whether it has been relocated or remained in place, shall be deemed a legal nonconforming sign and shall be subject to the provisions for legal nonconforming signs provided in this section.

11:5.4 Nonconforming Temporary Signs.

Temporary signs that lawfully existed prior to any subsequent amendments of this Ordinance, but which no longer comply with the provisions of this Ordinance because of an amendment, must be removed within thirty (30) calendar days of the effective date of the amendment to this Ordinance.

(Ord. No. 1033, § 3, 5-20-2024)

11:6.1 Cessation in All Districts Except S-1 and C-2.

In accordance with City Ordinance #1013, the sale and rental of moving trucks, trailers, intermodal containers and temporary portable storage units not in the S-1 or C-2 districts shall cease no later than two (2) years from the date of final passage of Ordinance #1013 on December 19, 2022. No moving trucks, trailers, intermodal containers, or temporary portable storage units for rent, sale, or otherwise stored on the property shall remain on the premises after this cessation period. As used herein, moving trucks and trails shall mean trucks (including box trucks and cargo vans) and trailers primarily used for storing, moving, and hauling goods. An intermodal container is defined as a standardized reusable steel box, or similar container, used for the safe, efficient and secure storage and movement of materials and products within a global containerized intermodal freight transport system. A temporary portable storage unit is defined as a temporary, self-contained storage unit, which is intended to be picked up and moved to various locations on demand. The sunset provisions contained herein do not apply to the rental of pickup trucks and other vehicles at car rental services primarily used for personal transportation instead of transporting goods and also do not apply to the temporary use of storage containers as otherwise allowed by this Ordinance.

11:6.2 Continuation in the C-2 District.

In accordance with City Ordinance #1013, the nonconforming sale and rental of moving trucks, trailers, intermodal containers, and temporary portable units that was lawfully established in the C-2 district shall, within two (2) years from the date of final passage of Ordinance #1013 on December 19, 2022, keep and maintain the moving trucks, trailers, intermodal containers, and temporary portable storage units ("the equipment") within a storage area subject to the conditions set forth below. The intent of these standards is to limit equipment from being stored or displayed in front of the principal building for the business. The "storage area" referenced below is the portion of the property intended for parking or storage of the equipment being prepared or stored for rent, sale, or service in connection with the business located on the property.

A.

Storage area location. The storage area shall not be located any closer to the edge of the road right-of-way than the front façade of the principal building for the business.

B.

Storage area screening. The storage area shall be completely screened from the view of any public or private right(s)-of-way and from any adjacent residential use or residential zoning district. Screening shall be accomplished by the installation of an opaque wall, fence, or evergreen plant material or a combination thereof. The height of the screening material must be at least eight (8) feet.

C.

Equipment outside the storage area. No more than two (2) pieces of equipment may be kept outside the storage area and in front of the principal building at one (1) time. Any other equipment may be kept out the storage area and in front of the principal building on a temporary basis not to exceed four (4) hours during normal business hours at a time when being processed for customer pick up and drop off.

D.

Conflicting standards. The standards in this section do not substitute or replace higher standards that may be provided for particular uses within the C-2 zoning district.

(Ord. No. 1033, § 3, 5-20-2024)