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Mount Pleasant City Zoning Code

SUBCHAPTER K

NONCONFORMITIES

§ 156.1515 PURPOSE.

   Nonconformities in the use and development of structures, land, and buildings are to be avoided, or eliminated where now existing, wherever and whenever possible, except when necessary to:
   (A)   Preserve property rights established prior to the official date of these regulations;
   (B)   Promote the general welfare; and
   (C)   Protect the character of surrounding property.
(Ord. passed 1-14-25)

§ 156.1516 BURDEN OF PROOF.

   (A)   The burden of proof to determine whether a lawfully established nonconformity exists and was compliant with the zoning, subdivision, building, and other development regulations in effect at the time the use, building, structure, site feature, sign, or exterior lighting equipment was created is placed upon the property owner and not the Town of Mount Pleasant.
   (B)   Appropriate evidence must be provided to the Zoning Administrator to be able to establish a valid nonconformity. Upon receipt of adequate proof, the Zoning Administrator shall acknowledge such proof in writing and decide on the validity of the claim.
(Ord. passed 1-14-25)

§ 156.1517 PRINCIPAL STRUCTURES LEGALLY CONSTRUCTED PRIOR TO AUGUST 13, 1979.

   Principal structures legally constructed prior to adoption of the Zoning Code on August 13, 1979, are considered to have been constructed in conformity with setback, height, and building coverage regulations in place at the time of construction.
(Ord. passed 1-14-25)

§ 156.1518 NONCONFORMITIES CREATED BY GOVERNMENT ACTION.

   In situations where a nonconformity is created on a private property due to government action to provide public amenities, utilities, or infrastructure, the nonconformity is considered as a legal conforming situation and the property owner held harmless and relieved of the need to remedy the nonconformity.
(Ord. passed 1-14-25)

§ 156.1525 CONTINUANCE OF NONCONFORMING LOTS.

   (A)   Subject to all limitations in this section, any nonconforming lot may continue without change in boundaries and may be utilized or developed, if the uses and development are otherwise authorized by this chapter.
   (B)   The front, side, and rear yard setbacks of a lot that is nonconforming with respect to dimensional standards (area, width, or depth) may be reduced by up to 20%. If a variance greater than 20% is required to accommodate the proposed use of the lot, a request for relief from the requirements of this section must be filed with the Board of Zoning Appeals.
   (C)   When an undeveloped split-zoned lot is proposed for development or when the principal structure on a split-zoned lot is proposed to be improved by more than 50% of its taxable/use value of improvement as determined by Charleston County, the lot must be rezoned or subdivided to eliminate the split zoning. This provision does not apply to split-zoned lots where the zoning district boundary line generally separates marsh/water areas from high ground areas.
(Ord. passed 1-14-25)

§ 156.1526 DISCONTINUANCE OF NONCONFORMING LOTS.

   Any lot that is made conforming by combining with other lots, by subdividing or re-subdividing, or by rezoning thereafter shall be recognized as a conforming lot, and shall fully comply with this chapter.
(Ord. passed 1-14-25)

§ 156.1535 PURPOSE.

   Where structures, uses, or site features legally existing on the effective date of this chapter, or any subsequent amendment thereto, do not conform with the provisions of this chapter, it is the intent and purpose of this section to:
   (A)   Declare such structures, uses, and site features to be nonconforming and detrimental to the orderly development of the town; and
   (B)   Eliminate such nonconformities consistent with the rights of the owners and users thereof, for the purpose of protecting the public health, safety, and general welfare.
(Ord. passed 1-14-25)

§ 156.1536 CONTINUING EXISTING NONCONFORMITIES.

   (A)   Any structure, use, or site feature that does not conform with the provisions of this chapter for the district in which it is located is deemed to be nonconforming and may continue only as specified in this section if the condition was:
      (1)   Legally existing at the time of the enactment of this chapter;
      (2)   Applied for or approved by the town under previous regulations in effect before the effective date of this chapter, if the condition conformed with the previous regulations; or
      (3)   For annexed parcels, legally existing on the effective date of the annexation into the town.
   (B)   Provided, however, that this section does not apply to any structure, use, or site feature established in violation of the Zoning Ordinance previously in effect in the town, unless such structure, use, or site feature now conforms with this chapter.
(Ord. passed 1-14-25)

§ 156.1537 DETERMINATION OF VALUE.

   (A)   Principal structures. The total market value as determined by Charleston County is used to determine the value of existing principal structures.
   (B)   Accessory structures. The value of accessory structures is based on the average per square foot cost of construction for accessory structures as established by the most current adopted version of the International Code Council (ICC) building valuation. For unlisted structures, the reasonable replacement value is used. The Zoning Administrator may consult with appropriate town officials, such as the Building Official and Town Engineer, to provide, apply, and interpret the ICC building valuation or determine reasonable replacement value.
   (C)   Site features. The reasonable replacement value is used to determine the value of existing site features. The Zoning Administrator may consult with appropriate town officials, such as the Building Official and Town Engineer, to determine reasonable replacement value.
   (D)   Property tax exemption. Properties that have been approved for property tax exemption by the South Carolina Department of Revenue and have a Charleston County total market value of $0 may provide an appraisal of the structure and land. The appraisal must have been completed by an appraiser licensed by the Real Estate Appraisers Board of the South Carolina Department of Labor, Licensing, and Regulation within one year prior to the date of application for repairs, alterations, renovations, maintenance, improvements, or replacement.
(Ord. passed 1-14-25)

§ 156.1538 REPAIRS, ALTERATIONS, AND MAINTENANCE.

   (A)   Ordinary repairs, alterations, or maintenance of nonconforming structures. Ordinary nonstructural repairs, alterations, or maintenance may be made to a nonconforming structure as required to keep it in sound condition.
      (1)   Alterations or repairs of a structural nature to a nonconforming structure are prohibited, except when :
         (a)   Required by law or ordinance; or
         (b)   The structural alterations or repairs are made to a nonconforming residential structure used for residential purposes.
      (2)   Nothing in this chapter prevents the strengthening or restoring to a safe condition of any part of any structure declared unsafe by proper authority.
   (B)   Improvements to nonconforming principal structures.
      (1)   Any nonconforming principal structure that is renovated, repaired, altered, or otherwise improved by more than 50% of its total market value as determined by Charleston County at the time of renovation, repair, or alteration shall be brought into conformance with all applicable sections of this Zoning Code. This includes the upgrading of the site to meet landscaping, buffering, parking, stormwater, and other applicable requirements.
      (2)   When a nonconforming principal structure is improved by less than 50% of its total market value as determined by Charleston County, the improvements must comply with this subchapter.
   (C)   Improvements to nonconforming site features.
      (1)   Any nonconforming site feature that is renovated, repaired, altered, or otherwise improved by more than 50% of its reasonable replacement cost at the time of renovation, repair, alteration, or improvement shall be brought into conformance with all applicable sections of this Zoning Code. This includes the upgrading of the site to meet landscaping, buffering, parking, stormwater, and other applicable requirements.
      (2)   When a nonconforming site feature is improved by less than 50% of its reasonable replacement cost, the improvements must comply with this subchapter.
   (D)   Improvements to nonconforming accessory structures.
      (1)   A nonconforming accessory structure may be maintained within its current height and footprint but shall not be expanded nor improved by more than 50% of the International Code Council (ICC) building valuation.
      (2)   In order to expand a nonconforming accessory structure or improve it by more than 50% of its ICC building valuation, it must be brought into compliance with all applicable requirements of this chapter.
   (E)   Phasing of improvements. Applicants shall not phase improvements to circumvent compliance with this subchapter. The town calculates the percentage of improvements over a rolling five-year period.
(Ord. passed 1-14-25)

§ 156.1539 CHANGE OF USE.

   A nonconforming land use shall not be changed to another nonconforming use.
(Ord. passed 1-14-25)

§ 156.1540 ABANDONMENT OF USE.

   (A)   A use shall be deemed to have been abandoned when it has been discontinued, whether temporarily or permanently, with the intent to abandon the use.
   (B)   Evidence of abandonment includes but is not limited to :
      (1)   Lack of use;
      (2)   Vacancy for at least 12 consecutive months or for 18 accumulated months in a two-year period; and
      (3)   Substituting a conforming use.
   (C)   A nonconforming use of a structure or land that has been declared abandoned shall not thereafter be reestablished, except in conformity with this chapter.
(Ord. passed 1-14-25)

§ 156.1541 RESTORATION OF DAMAGED STRUCTURES.

   (A)   Damage due to neglect, deferred maintenance, or normal wear and tear. Any nonconforming structure damaged to more than 50% of its taxable/use value of improvement at the time of damage, either through neglect, deferred maintenance, or normal wear and tear over a period of time, shall not be reconstructed and used as before such happenings.
      (1)   If less than 50% damaged, it may be repaired, if the repair is started within six months of such happenings.
      (2)   The foregoing restrictions do not apply to duplex, triplex, quadplex, or multiplex units that are nonconforming solely on the basis of residential density requirements. These units may be replaced, but such replacement units must comply with all other applicable requirements of the Zoning Code.
   (B)   Damage or destruction due to unforeseen hazards. Any nonconforming principal structure damaged or destroyed due to natural or human-made hazards such as fire, flood, or other catastrophic event beyond the control of the property owner, may undergo an in-kind replacement or reconstruction in accordance with the limitations and exceptions in this section.
      (1)   Increase in nonconformity limited. In general, except as otherwise allowed by these provisions, the degree of nonconformity may not be increased.
      (2)   Replacement or reconstruction limitations. Structures may be placed in the same location on the lot within the confines of the structure footprint and with no greater height, total habitable floor area, or total number of dwelling units as the most recent structure(s) existing on the lot prior to such damage.
      (3)   Exception for increased elevation. An increase in the elevation of a building above the maximum allowed height to comply with minimum floodplain regulations in Chapter 152 is allowed. The building may only be raised to meet the minimum design flood elevation required by Chapter 152. Any increase in height above the minimum design flood elevation requires a variance from the Board of Zoning Appeals.
      (4)   Time limit for reconstruction or repair.
         (a)   Except when Town Council might declare a special emergency to suspend certain aspects of this chapter, a building permit for any reconstruction or repair under this section shall be issued within 12 months of the date of damage. Further, a certificate of occupancy for such repaired or restored building shall be secured within 24 months of the date of the building permit issuance.
         (b)   These time limits may be extended upon written request from the property owner with appropriate documentation to justify an extension, such as:
            1.   Other approvals required by different levels of government or other agencies are in progress;
            2.   The property is the subject of litigation; or
            3.   The property is under dispute for an insurance settlement due to the event.
   (C)   Phasing of repairs. Applicants shall not phase repairs to circumvent compliance with this subchapter. The town calculates the percentage of repairs over a rolling five-year period.
(Ord. passed 1-14-25)

§ 156.1542 EXTENSIONS OF NONCONFORMITIES.

   (A)   A nonconforming structure or use of land shall not be enlarged, intensified, or extended in such a way as to displace a conforming use or structure.
   (B)   A nonconforming structure or use of land shall not be extended to occupy additional land area or height not utilized for such nonconformity as of the effective date of this chapter.
   (C)   In cases where a structure is nonconforming solely as a result of a setback encroachment, additions to the structure are allowed, if the new addition does not project into the setback. If a proposed addition would encroach into the same setback that already had been encroached upon, the addition is allowed if it projects no further into the setback than the existing structure and in no way extends past the line of the existing structure.
(Ord. passed 1-14-25)

§ 156.1543 CONSTRUCTION APPROVED PRIOR TO CHAPTER.

   (A)   This subchapter does not require any change in plans, construction, or designated use of a structure for which the land owner can establish that they have a vested right to continue such use though it does not conform to this chapter.
   (B)   Such structure shall be deemed to be a nonconforming use and shall thereafter be subject to the regulations in this chapter.
(Ord. passed 1-14-25)

§ 156.1544 CESSATION.

   The nonconforming uses of land listed below shall be discontinued and the nonconforming structures listed below shall be torn down, altered, or otherwise made to conform with the provisions of this chapter within the following periods of time:
   (A)   Nonconforming objects that impede vision at intersections. Nonconforming fences, hedges, shrubbery, and signs impeding vision at intersections shall be brought into compliance by removal, relocation, or alteration within 90 days of written notice to the property owner;
   (B)   Nonconforming manufactured housing units.
      (1)   Nonconforming manufactured housing units or manufactured housing unit sales facilities shall not be replaced if they are vacated for six consecutive months.
      (2)   An existing nonconforming manufactured housing unit shall not be replaced with another manufactured housing unit, except in the HNB-VR-OD and SB-OD.
(Ord. passed 1-14-25)

§ 156.1545 INSUFFICIENT AUTOMOBILE PARKING FACILITIES.

   Where the automobile parking facilities are insufficient to meet the standards set forth in this chapter, or where no such parking facilities have been provided for structures constructed prior to the effective date of this chapter, such structures may not be altered, change use, nor may any additional facilities be provided within such structures, until after the requirements for off-street parking shall have been satisfied for those facilities thus added or enlarged.
(Ord. passed 1-14-25)

§ 156.1546 NONCONFORMING BUILDING OR IMPERVIOUS SURFACE COVERAGE.

   (A)   When a lot exceeds the maximum allowable building coverage or impervious surface coverage, as applicable, the buildings or impervious surfaces that create the nonconformity shall not be removed and replaced with other elements that perpetuate the nonconformity.
   (B)   For example, if the maximum impervious surface limit is 40% and a lot is 60% covered by impervious surfaces, the property owner cannot remove the driveway and add a swimming pool and maintain the 60% impervious surface coverage.
(Ord. passed 1-14-25)

§ 156.1547 HISTORIC PROPERTIES.

   (A)   Notwithstanding any of the preceding provisions of this subchapter, historic properties may be considered conforming to this code with respect to any height, setback, yard, area, or other dimension found by the Historic District Preservation Commission to be of historic significance.
   (B)   In this regard, these existing conditions may supersede any conflicting standard set forth in the zoning district in which the structure is located, and may be applied to the structure and the site in making future determinations of conformity as to the existing structure or any changes consistent with an approved certificate of appropriateness.
(Ord. passed 1-14-25)

§ 156.1548 EXCEPTION FOR INCREASED ELEVATION.

   (A)   An increase in the elevation of a building above the maximum allowed height to comply with minimum floodplain regulations in Chapter 152 is allowed.
   (B)   The building may only be raised to meet the minimum design flood elevation required by Chapter 152.
   (C)   Any increase in height above the minimum design flood elevation requires a variance from the Board of Zoning Appeals.
(Ord. passed 1-14-25)

§ 156.1555 GENERALLY.

   A nonconforming sign is a sign that does not meet the requirements of this chapter.
(Ord. passed 1-14-25)

§ 156.1556 CONTINUATION OF EXISTING SIGNS.

   (A)   Permanent signs.
      (1)   Nonconforming permanent signs may continue in existence as provided in this section if they were:
         (a)   Legally existing on the effective date of this chapter;
         (b)   Applied for or approved by the town under previous regulations in effect before the effective date of this chapter, if the sign conformed with the previous regulations; or
         (c)   For annexed parcels, legally existing on the effective date of the annexation into the town.
      (2)   Nonconforming permanent signs shall only be repaired, altered, or replaced in accordance with the provisions of this chapter.
   (B)   Temporary signs. All nonconforming temporary signs must be removed within 90 days of the effective date of this chapter.
(Ord. passed 1-14-25)

§ 156.1557 REPAIR, ALTERATION, AND MAINTENANCE OF SIGNS.

   (A)   Maintenance. Ordinary nonstructural repairs or maintenance may be made to a nonconforming sign as required to keep it in good condition, appearance, and function.
   (B)   Replacement of sign face.
      (1)   The sign face of a nonconforming sign may be replaced so long as:
         (a)   The sign features or materials are not changed to be nonconforming; and
         (b)   The changes do not expand or extend any existing nonconformity.
      (2)   The sign face may be replaced pursuant to this division due to changes of ownership or use.
   (C)   Repair or alteration of signs.
      (1)   The repair or alteration of a nonconforming sign is allowed so long as:
         (a)   The cost of the repair or alteration does not exceed 50% of the replacement cost of the sign;
         (b)   The sign features or materials are not changed to be nonconforming; and
         (c)   The changes do not expand or extend any existing nonconformity.
      (2)   The repair or alteration of a is not allowed if the cost of the alteration or repair exceeds 50% of the replacement cost of the sign, regardless of the reason or cause for the repair or alteration.
   (D)   Relocation of signs. Nonconforming signs required to be moved because of public right-of-way or utilities improvements may be re-established so long as:
      (1)   The sign features or materials are not changed to be nonconforming; and
      (2)   The changes do not expand or extend any existing nonconformity.
(Ord. passed 1-14-25)

§ 156.1558 ABANDONMENT.

   Nonconforming signs declared abandoned pursuant to § 156.864 must be removed or brought into full compliance with this chapter.
(Ord. passed 1-14-25)

§ 156.1565 CONTINUATION OF EXISTING EXTERIOR LIGHTING.

   Any exterior lighting existing on the effective date of this chapter that does not conform with the provisions of this chapter is a nonconforming exterior lighting design, and may be continued only as specified in this section.
(Ord. passed 1-14-25)

§ 156.1566 REPAIRS, ALTERATIONS, AND MAINTENANCE.

   (A)   Ordinary repairs or maintenance may be made to a nonconforming pole-mounted luminaire or other exterior lighting equipment, as required to keep it in sound condition.
   (B)   Repairs requiring the removal or replacement of pole-mounted luminaires or other exterior lighting equipment are prohibited, except as required by law or ordinance or authorized by the Zoning Administrator.
   (C)   A nonconforming pole-mounted luminaire or other exterior lighting equipment shall not be moved, altered, enlarged, or replaced except in conformity with the provisions of this chapter.
(Ord. passed 1-14-25)

§ 156.1567 ABANDONMENT OF USE.

   (A)   A nonconforming pole-mounted luminaire or other exterior lighting equipment that the Zoning Administrator has declared to be abandoned shall be removed within 90 days of written notification and shall not thereafter be reestablished, except in conformity with the provisions of this chapter.
   (B)   Evidence of abandonment is demonstrated by a discontinuance of the use, activity, place, or business on the site, or willful lack of maintenance to the extent that the luminaire is in obvious disrepair.
(Ord. passed 1-14-25)

§ 156.1568 RESTORATION OF DAMAGED NONCONFORMING EXTERIOR LIGHTING.

   (A)   Any nonconforming exterior lighting damaged by more than 50% of its reasonable replacement cost at the time of damage assessment, either through neglect, deferred maintenance, or normal wear and tear over a period of time, or by fire, flood, explosion, wind, earthquake, war, riot, or other event outside the control of the property owner, shall not be restored or reconstructed and used as before such happenings, unless in conformity with the provisions in this chapter.
   (B)   If less than 50% damaged, the exterior lighting may be repaired and used as before, if such repair is started within six months of the date on which the damage occurred.
   (C)   The percentage of damage is calculated by dividing the estimated cost of restoring the exterior lighting to its pre-damaged condition by its reasonable replacement cost.
(Ord. passed 1-14-25)