This chapter is adopted pursuant to the authority conferred by Chapter 29 of Title 6 of the Code of Laws of South Carolina, as amended, and drafted in accordance with the Town of Ravenel Land Use Ordinance, adopted May 10, 1999.

This ordinance, and amendments hereto, shall officially be known as the Ravenel Zoning Ordinance or Zoning Ordinance.

This Ordinance was adopted by majority vote of Ravenel Town Council on January 20, 2000 and, together with subsequent and future amendments, shall remain in effect from that date.

This Ordinance is intended for the purposes, among others, of providing for the safe, orderly and efficient development of land within the Town of Ravenel, by

1. Protecting the development of both urban and rural areas, and
2. Securing protection from fire, flood, erosion and other dangers, and
3. Encouraging such land use patterns that facilitate economic growth and provide sufficiently for transportation, communications, roads, airports, water supply, drainage, sanitation, education, recreation or other public requirements, and
4. Conserving and developing the natural resources, and
5. Fostering the community’s agricultural industry, preserving rural character, and
6. Protecting the food supply, and
7. Guiding the development of the town in accordance with existing and future needs, and
8. Preventing the overcrowding of land and undue concentration of population, and
9. Protecting scenic areas and preserving historic sites and buildings, and
10. Promoting desirable living conditions and the stability of neighborhoods, and
11. Protecting property against blight and depreciation, and
12. Conserving the value of land and buildings, and
13. Encouraging the most appropriate use of land and structures.
    

The jurisdiction of this chapter shall include all land and improvements within the incorporated portions of the town.

(Ord., passed 8-17-87, amended 01-20-00)

All existing land use regulations adopted previously by the Town of Ravenel and contrary to this ordinance are hereby repealed. The adoption of this ordinance, however, shall not affect nor prevent any pending or future prosecution of or action to abate any existing violation of said regulations, as amended, if the violation is also a violation of the provisions of this ordinance.

Whenever there is, or appears to be, a conflict between any provision of this Zoning Ordinance, with any other provisions of this Zoning Ordinance, any section of the Town Code or any other applicable State or Federal Law, the more restrictive shall apply. (Ord., passed 8-17-87, amended 01-20-00)

For the purpose of this ordinance, the following rules of interpretation shall apply:

1. Words used in the present tense include the future tense.
2. The singular number includes the plural and the plural number includes the singular.
3. The word “person” includes an individual or a corporation, firm, company, partnership, association, organization, or public or private authority.
4. The term “shall” is always mandatory.
5. The word “used” or “occupied” as applied to any land or building shall be considered to include the words “intended”, “arranged”, or “designed to be used or occupied”.
6. The word “building” includes the word “structure” and the word “structure” includes the word “building.”
7. The word “lot” includes the words “plot” or “parcel.”
   

1. It is the intent of this Ordinance that all future development and redevelopment shall comply with the regulations of this Ordinance.
2. Upon adoption of this Ordinance, specific zoning designations are assigned to each parcel of land situated within the corporate limits of the town. Zoning districts are assigned based upon minimum compliance with a particular district. No parcel, structure, business, or use will be designated a more intensive or permissive category than what it needs. The intent of this chapter is to zone correspondingly, and in a restrictive manner, not to create intensive zoning districts unnecessarily. All structures built on any lot hereafter shall comply with the regulations of this chapter. Any structure hereafter moved from one site to another site, including movement within a zoning lot, shall be considered to be a structure built hereafter. Any structure rebuilt or restored after damage or destruction by fire or other casualty shall be considered to be a structure built hereafter, unless permitted to be rebuilt or restored. First floor elevation of all structures shall be in compliance with the current minimum height requirements of the Federal Flood Insurance program flood boundaries, adopted by the Town of Ravenel on April 1987 and as amended.
   

For the purpose of maintaining sound, stable and desirable growth within the town limits, this ordinance text or the official map, as adopted, may be amended. The purposes for such amendment could include: to correct a manifest error in the ordinance, because of changed or changing conditions in an area or in the town generally, to rezone an area, to extend the boundary of an existing zoning district or to change the regulations and restrictions thereof as reasonably necessary to the promotion of the public health, safety or general welfare.

1. An Amendment to this Ordinance may be initiated by:
   1. Town Council on its own motion; or
   2. The Planning Commission, an appointed board charged with the administration of these regulations as set forth herein; or
   3. Any individual or organization having an interest in the property to be rezoned.
2. Amendment Application Procedures.
   1. A request for a change in zoning or an ordinance text amendment shall be made on a form supplied by the Planning and Zoning Administrator at Town Hall.
   2. All application requests to amend this ordinance shall be accompanied with a filing fee as determined by Town Council and said application shall contain:
      1. The applicant’s name, address and information of every person having a legal or equitable interest in the land covered by the request.
      2. The property owner’s name, address, and contact information and the relationship of the applicant to the property owner.
      3. The nature and effect of the proposed amendment.
      4. For a rezoning request, a valid DHEC permit or statement of availability of public sewer.
      5. A legal description of the land and a plat map indicating the land affected by the petition, the present zoning classification of the land and of all abutting zoning districts, all public and private rights-of-way and easements bounding and intersecting the land under consideration, and the names and addresses of the owners of all adjacent lands.
      6. In the case of alleged errors in the ordinance text, the location of the error in the code, a detailed explanation making the case that this is an error, and a proposal to correct the ordinance is required.
      7. The application must be signed by the applicant and the owner.
      Upon receipt of the application and required information, the Planning and Zoning Administrator shall determine if the application request is in harmony with the intent of the Comprehensive Plan and/or if the action will avoid any significant adverse impacts to travel and traffic patterns in nearby areas.
   3. Upon a determination that a complete request has been submitted, the Planning and Zoning Administrator shall schedule and advertise a Public Hearing before the Planning and Zoning Commission as required in South Carolina Code 6-29-760 with specifics to include:
      1. Notice of the Public Hearing shall be advertised in a newspaper of general circulation at least fifteen (15) days prior to the hearing; and,
      2. For the adoption of a Comprehensive Plan in its entirety or any element thereof, the Notice of the Public Hearing shall be advertised in a newspaper of general circulation at least thirty (30 days prior to the hearing); and,
      3. For a rezoning request, the property will be posted with a sign indicating the Public Hearing date, time, and location; and,
      4. For a rezoning request, the Notice of the Public Hearing will be mailed by general mail to all property owners of record within three hundred (300) feet of any portion of the property proposed to be rezoned. The Town of Ravenel is not responsible for the accuracy of County property records used for this mailing; and,
      5. The Public Hearing notice will be provided to parties of interest including the applicant, property owner(s), and any individual or group that has submitted a written statement of interest.
      Minor defects in a Public Hearing notice shall not invalidate the notice or proceedings pursuant to the notice if an attempt has been made to comply with applicable notice requirements.
   4. The Planning and Zoning Administrator shall forward the application, along with any report, to the Planning and Zoning Commission for review and recommendation.
   5. At a Regularly Planning and Zoning Commission meeting following the Public Hearing, the Commission shall act upon the petition by:
      1. Recommend approval or denial to the Town Council of the request on the determination of the request meeting current and future land use patterns; or,
      2. Cause further and complete study of the request; and,
      3. After such additional study and consideration, recommending to Town Council, such action as the Commission deems proper.
   6. The Planning and Zoning Commission shall have sixty (60) days following the Public Hearing to submit any such recommendation regarding the request to the Town Council. If the Commission fails to submit a recommendation within sixty (60) days, it is deemed to have met with approval and the Town Council shall proceed.
   7. Those requests which are recommended for approval by the Planning and Zoning Commission receive first reading of the required ordinance at the next regularly scheduled Town Council meeting.
   8. Those requests which are recommended for denial by the Planning and Zoning Commission will be placed on the agenda of the next regularly scheduled Town Council meeting for consideration.
   9. The Town Council may advance, adopt, or reject any ordinance relating to the request that has been introduced or is under consideration.
   10. Those applications for which an ordinance is introduced and approved must then receive a second (final) reading at a Town Council meeting at least six (6) days apart from the first reading of the ordinance. The zoning change is effective following the second reading as adopted and applicants will be notified when the request is approved.
   11. Those requests which the Town Council rejects are notified of Council’s action by mail. Re-application shall be subject to a one-year waiting period.
   Any person with a substantial interest in a decision of the Planning Commission, Town Council, or Town Administrator or any board or bureau of the Town may appeal a final decision to the Circuit Court of Charleston County in a timeframe as allowed by law.

A Variance to the dimensional requirements of the zoning ordinance may be granted by the Board of Zoning Appeals if the Board of Zoning Appeals agrees that strict application of the requirements would result in an unnecessary hardship. A variance allows the Board of Zoning Appeals to modify an otherwise legitimate zoning restriction when, due to unusual conditions, the restriction may be more burdensome than was intended. The variance must not impair the public purpose.

1. A variance request is initiated by the owner, or legal representative of the owner, of the property. The owner is attempting to obtain a variance on the grounds of unnecessary hardship and must demonstrate adequate evidence that a particular property suffers a singular disadvantage over nearby properties due to the zoning regulation. Additionally, an owner is not entitled to relief from a self-created or self-inflicted hardship. The Zoning Board of Appeals must apply the standards found in this ordinance based on the South Carolina Comprehensive Act of 1994 to grant or deny a variance request.
2. Variance Application Procedures.
   1. A request for a variance shall be made on an application form supplied by the Planning and Zoning Administrator at Town Hall.
   2. Requests for Board of Zoning Appeals hearings other than variances, such as a Special Exception Request or an appeal of a decision of the Planning and Zoning Administrator, may be included on a similar or different form to be submitted to Town Hall.
   3. All application requests for a variance from the requirements in the zoning ordinance shall be accompanied with a filing fee as determined by Town Council and said application shall contain:
      1. The applicant’s name, address and information of every person having a legal or equitable interest in the land covered by the request.
      2. The property owner’s name, address, and contact information and the relationship of the applicant to the property owner.
      3. The section of the Zoning Code from which the applicant is requesting a variance.
      4. A specific description of the variance amount (i.e. in distance, square feet, height, etc.).
      5. A description of the hardship faced by the property owner without the variance.
      6. The nature and effect of the proposed variance.
      7. A legal description of the land and a plat map indicating the land affected by the variance request, buildings affected by the request, the present zoning classification of the land and of all abutting zoning districts, all public and private rights-of-way and easements bounding and intersecting the land under consideration, and the names and addresses of the owners of all adjacent lands.
      8. The application must be signed by the applicant and the owner.
   4. Upon receipt of the variance request and required information, the Planning and Zoning Administrator shall determine if the request contains adequate information for the Board of Zoning Appeals to make a determination regarding the indicated approval criteria.
   5. Upon a determination that a complete request has been submitted, the Planning and Zoning Administrator shall schedule and advertise a Public Hearing before the Zoning Board of Appeals as required in South Carolina Code 6-29-800 with specifics to include:
      1. Notice of the Public Hearing shall be advertised in a newspaper of general circulation at least fifteen (15) days prior to the hearing; and,
      2. The property will be posted with a sign indicating the Public Hearing date, time, and location; and,
      3. The Notice of the Public Hearing will be mailed by general mail to all property owners of record within three hundred (300) feet of any portion of the property for which a variance is proposed. The Town of Ravenel is not responsible for the accuracy of County property records used for this mailing; and,
      4. The Public Hearing notice will be provided to parties of interest including the applicant, property owner(s), and any individual or group that has submitted a written statement of interest.
      Minor defects in a Public Hearing notice shall not invalidate the notice or proceedings pursuant to the notice if an attempt has been made to comply with applicable notice requirements.
   6. The Planning and Zoning Administrator shall forward the variance application, along with any report, to the Board of Zoning Appeals.
   7. The Board of Zoning Appeals will hold at least one public hearing on the requested zoning variance and, based on the approval criteria and factors not to be considered as found in this Section in items (C) and (D) and the public testimony presented at the public hearing, act to:
      1. Remand the request back to the Planning and Zoning Administrator to obtain additional information to be presented at a new Public Hearing to be held withing sixty (60) days; or,
      2. Approve the variance request; or,
      3. Approve the variance request, with conditions that may affect location, character, or other features to protect established property values in the surrounding area or promote public health, safety, or general welfare; or,
      4. Deny the variance request.
      A zoning variance request may only be granted if the Board of Zoning Appeals agrees that the strict application and enforcement of the zoning ordinance will result in unnecessary hardship to the applicant and that, by granting the variance request, the spirit of the zoning ordinance will be observed and the welfare and safety of the public will not be diminished.
   8. The decision of the Board of Zoning Appeals is to be accompanied by a specific Finding of Fact clearly stating the reason or reasons for the decision, noting the Approval Criteria. This Finding of Fact will be delivered to the applicant and parties of interest within ten (10) days after the decision is filed at Town Hall.
   Any person with a substantial interest in a decision of the Board of Zoning Appeals may appeal the decision to the Circuit Court of Charleston County in a timeframe as allowed by law.
3. Approval Criteria. When deciding a request for a zoning variance, the Board of Zoning Appeals shall consider the request documentation, other research, and the public testimony presented at the Public Hearing as it may relate to evidence or proof for the applicability of the following specific criteria:
   1. There are extraordinary and exceptional conditions pertaining to the subject property, such as size, shape, topography, or other conditions that make it difficult or impossible to make an economically feasible use of the property;
   2. The same extraordinary and exceptional conditions do not generally apply to other properties in the vicinity;
   3. Because of the extraordinary and exceptional conditions, the application of the zoning ordinance to the property will effectively prohibit or unreasonably restrict the use of the property;
   4. The hardship need for the variance is not a result of the applicant’s, or previous owner’s, own actions; and,
   5. The authorization of the variance will not be of substantial detriment to adjacent property or to the public good, and that the character of the district will not be harmed by granting the variance.
4. Factors NOT to be Considered.
   1. The Board of Zoning Appeals is not to consider the fact that a property may be more profitably utilized as grounds for granting a zoning variance, nor as evidence of a hardship.
5. Effects of Variance. A zoning variance request may be granted to any dimensional, design, or performance standard set forth in this ordinance, provided that the Approval Criteria considered in Section 1.12 (C) are met and that such variance does not:
   1. Permit a use, activity, business, or operation that is not otherwise allowed by the Use Regulations of the underlying zoning district; or,
   2. Change the zoning district boundaries as shown on the Official Zoning Map; or,
   3. Allow the physical extension of a non-conforming use or structure; or,
   4. Increase the density of a residential use above that permitted by the underlying district.
6. Lapse of Approval. An approved zoning variance shall lapse and be of no further effect twelve (12) months after the date of approval unless a complete application for a Zoning Permit is submitted and approved in accordance with this ordinance.
   

Certain uses are allowed as Conditional Uses in various zoning districts as indicated in the Zoning Ordinance Use Matrix found in Appendix B and are subject to the specific conditions for each use as indicated in Appendix B and found in Chapter 3.

Unless indicated otherwise in Chapter 3 for a specific Conditional Use, the Planning and Zoning Administrator will review the Conditional Use request, compare the plans to the indicated criteria, and make the determination to grant the use by issuing a Conditional Use Zoning Permit.

A Conditional Use Zoning Permit is granted for the activity requested and does not stay with the property after a use has ceased. After a period of twelve (12) consecutive months of a lapse in use, a new Conditional Use Zoning Permit must be requested for the same property and use and the specific plans for the renewed use must again be reviewed and compared to the conditional criteria before approval.

An approved Conditional Use Zoning Permit shall lapse and be of no further effect twenty-four (24) months after the date of issuance unless the use has been established on the subject property.

1. A Conditional Use request is initiated by an individual having an interest in the property such as the owner, agent, or tenant or purchaser; either current or prospective. Both the applicant and the owner of the property are required to sign the request.
2. Application Procedures.
   1. A request for a Conditional Use shall be made on an application form supplied by the Planning and Zoning Administrator at Town Hall.
   2. All application requests for a Conditional Use shall be accompanied with a filing fee as determined by Town Council and said application shall contain:
      1. The applicant’s name, address and information of every person having a legal or equitable interest in the land covered by the request.
      2. The property owner’s name, address, and contact information and the relationship of the applicant to the property owner.
      3. A full description of the proposed use, including NAIS or SIC codes and equipment to be used.
      4. A legal description of the land and a plat map indicating the land and buildings affected by the use, total acreage, acreage of highland, all easements, rights-of-way, zoning, and setbacks and buffer yards.
      5. A description of how the use meets the Conditional Use criteria as noted for the specific use.
      6. A statement that the property and buildings where the Conditional Use is to operate will meet all other requirements of the Town Code and Zoning Ordinance, including, but not limited to setbacks, screening, buffer yards and landscaping, signage and other requirements.
      7. Evidence that the proposed use will not materially endanger the public health, safety, or general welfare.
      8. Evidence that the proposed use will meet all air and water quality standards and provide for adequate emergency response and vehicular parking and access.
      9. Evidence that the use will not unduly impact adjacent residential areas.
      10. The application must be signed by both the applicant and the owner of record of the property.
   3. Upon receipt of the Conditional Use application and required information, the Planning and Zoning Administrator shall determine if the request contains adequate information for review.
   4. Unless indicated otherwise in Chapter 3 for a specific Conditional Use, upon a determination that a complete request has been submitted, the Planning and Zoning Administrator shall issue a Zoning Permit for an approved Conditional Use or a written notice of denial of the Conditional Use request within thirty (30) days of submittal of a complete application.

An appeal of a denied Conditional Use decision made by the Planning and Zoning Administrator may be made as found in Section 1.15. Such appeal will be heard at a Public Hearing before the Board of Zoning Appeals as indicated in Section 1.12 B. 5.

Any person with a substantial interest in a decision of the Board of Zoning Appeals may appeal the decision to the Circuit Court of Charleston County in a timeframe as allowed by law.

Certain uses are allowed as Special Exception Uses in various zoning districts as indicated in the Zoning Ordinance Use Matrix found in Appendix B and are subject to the specific conditions for each use as found in Chapter 3.

The Board of Zoning Appeals has the exclusive power to permit uses that are indicated as Special Exception Uses in the Zoning Ordinance Use Matrix found in Appendix B and subject to the standards and conditions as found in Chapter 3. The Board of Zoning Appeals must follow the indicated regulations in Chapter 3 when hearing a Special Exception Use case.

A Special Exception Use is granted for the activity requested and does not stay with the property after a use has ceased. After a period of twelve (12) consecutive months of a lapse in use, a new Special Exception Use must be requested for the same property and use and the specific plans for the renewed use must again be reviewed and compared to the conditional criteria before approval.

1. A Special Exception Use request is initiated by an individual having an interest in the property such as the owner, agent, or tenant or purchaser; either current or prospective. Both the applicant and the owner of the property are required to sign the request.
2. Application Procedures.
   1. A request for a Special Exception Use shall be made on an application form supplied by the Planning and Zoning Administrator at Town Hall.
   2. All application requests for a Special Exception Use shall be accompanied with a filing fee as determined by Town Council and said application shall contain:
      1. The applicant’s name, address and information of every person having a legal or equitable interest in the land covered by the request.
      2. The property owner’s name, address, and contact information and the relationship of the applicant to the property owner.
      3. A full description of the proposed use, including NAICS or SIC codes and equipment to be used.
      4. A legal description of the land and a plat map indicating the land and buildings affected by the use, total acreage, acreage of highland, all easements, rights-of-way, zoning, and setbacks and buffer yards.
      5. A description of how the use meets the Special Exception Use criteria as noted for the specific use.
      6. A statement that the property and buildings where the Special Exception Use is to operate will meet all other requirements of the Town Code and Zoning Ordinance, including, but not limited to setbacks, screening, buffer yards and landscaping, signage and other requirements.
      7. Evidence that the proposed use will not materially endanger the public health, safety, or general welfare.
      8. Evidence that the proposed use will meet all air and water quality standards and provide for adequate emergency response and vehicular parking and access.
      9. Evidence that the use will not unduly impact adjacent residential areas.
      10. The application must be signed by both the applicant and the owner of record of the property.
   3. Upon receipt of the Special Exception Use request and required information, the Planning and Zoning Administrator shall determine if the request contains adequate information for the Board of Zoning Appeals to make a determination regarding the approval or denial of the use.
   4. Upon a determination that a complete request has been submitted, the Planning and Zoning Administrator shall schedule and advertise a Public Hearing before the Zoning Board of Appeals as required in South Carolina Code 6-29-800 with specifics to include:
      1. Notice of the Public Hearing shall be advertised in a newspaper of general circulation at least fifteen (15) days prior to the hearing; and,
      2. The property will be posted with a sign indicating the Public Hearing date, time, and location; and,
      3. The Notice of the Public Hearing will be mailed by general mail to all property owners of record within three hundred (300) feet of any portion of the property for which a Special Exception is proposed. The Town of Ravenel is not responsible for the accuracy of County property records used for this mailing; and,
      4. The Public Hearing notice will be provided to parties of interest including the applicant, property owner(s), and any individual or group that has submitted a written statement of interest.
      Minor defects in a Public Hearing notice shall not invalidate the notice or proceedings pursuant to the notice if an attempt has been made to comply with applicable notice requirements.
   5. The Planning and Zoning Administrator shall forward the Special Exception Use application, along with any report, to the Board of Zoning Appeals.
   6. The Board of Zoning Appeals will hold at least one public hearing on the requested Special Exception Use and, based on the conditions specific for the use and the public testimony presented at the public hearing, act to:
      1. Approve the Special Exception Use; or,
      2. Deny the Special Exception Use.
      A Special Exception Use request may only be granted if the Board of Zoning Appeals agrees that the conditions specified for the use will be met and that the welfare and safety of the public will not be diminished.
   7. The decision of the Board of Zoning Appeals is to be accompanied by a specific Finding of Fact clearly stating the reason or reasons for the decision, noting the conditions required for the Special Use. This Finding of Fact will be delivered to the applicant and parties of interest within ten (10) days after the decision is made and filed at Town Hall.
   Any person with a substantial interest in a decision of the Board of Zoning Appeals may appeal the decision to the Circuit Court of Charleston County in a timeframe as allowed by law.
3. Lapse of Approval. An approved Special Exception Use shall lapse and be of no further effect twelve (12) months after the date of approval unless the use has been established on the subject property.
   

Any decision of the Planning and Zoning Administrator, and/or their designated representative regarding the interpretation or errant application of any element of the Zoning Ordinance, including, but not limited to, determination of non-conforming status, classification of uses, regulation applicability, measurements, and approvals or denials of permits, can be appealed in writing within fourteen (14) days of the letter of record of the decision. Such appeal will be heard at a Public Hearing before the Board of Zoning Appeals as indicated in Section 1.12 B. 5.

The submittal of an appeal to the Board of Zoning Appeals must include the specific grounds for the appeal and the sought modification of the decision.

The Board of Zoning Appeals will determine the nature of the remedy, if any, regarding the appeal and determine the action, if any, required by the Planning and Zoning Administrator.

Any person with a substantial interest in a decision of the Board of Zoning Appeals may appeal the decision to the Circuit Court of Charleston County in a timeframe as allowed by law.

Nonconforming Lots, Structures and Uses. If certain lots, structures or uses do not comply with requirements for any one zoning designation, those lots, structures or uses will be authorized to remain in occupancy and use subject to the regulations and limits contained herein. These nonconformities are to be avoided or eliminated where now existing, whenever possible. General rules governing all nonconformities include:

1. Loss of Legal Nonconforming Status Due to Nonuse. If a nonconforming structure or use is vacated, abandoned, or discontinued for a period of at least twelve (12) consecutive months or by adoption of a conforming use for any period of time, any future use of said land or structure shall be in conformity with the provisions of this Ordinance. This section does not apply to any lots, structures or uses established in violation of the Zoning Ordinance in effect at the time of the establishment, and such lots are illegal, nonconforming, and cannot be continued in accordance with this Section.
2. Change of Use. A nonconforming lot, structure or use shall not be changed to another nonconforming use nor shall a nonconforming use be enlarged or expanded unless such expansion eliminates or reduces the nonconforming aspects of the situation.
3. Determination of Nonconformity Status. In all cases, the burden of establishing that a nonconformity lawfully exists shall be on the owner of the land on which the purported nonconformity is located.
4. Nonconformities Created by Condemnation. 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 fifty percent (50%) of the applicable minimum standard, then the lot shall be considered a legally nonconforming lot or use subject to this Section.
5. Change of Tenancy or Ownership. The status of nonconformity is not affected by a change in tenancy or ownership.
6. Change of Zoning Classification. A nonconforming status shall no longer apply if a landowner requests, and is subsequently granted, a change of zoning classification according to the provisions of this Ordinance. The landowner must then comply with the requirements of the zoning district classification in which the property is now situated.
7. Mixed Use Parcels. In cases of mixed land use on one parcel of land, the parcel may either be zoned to accommodate the most restrictive use, and all remaining uses would be nonconforming in status, or the property owner may subdivide, in order to zone that portion of land which is more intensely used. If the property owner chooses the latter, the subdivision of that portion of land must comply with all zoning requirements set forth by the district regulations of this chapter, such as setbacks, minimum lot size, height, etc.
   

1. Nonconforming Lots. A nonconforming lot is a tract of land, duly recorded that complied with lot requirements at the time of its creation but which no longer complies with minimum lot requirements of the zoning district in which it is now located.
2. Combination of Lots. If two or more lots of record or combination of lots of record and portions of contiguous lots of record are in single ownership, and if one or more of these lots do not comply with the lot area standards in this Ordinance, the lots involved shall be considered to be an individual lot for the purposes of this Ordinance, and no portion of these lots shall be used or sold which do not comply with the lot area standards of this Ordinance, nor shall any division of the lots be made that leaves any remaining lot that fails to comply with the lot area standards. If the owner of two or more contiguous nonconforming lots elects to build on or sell off these lots, the owner must combine them to comply with minimal dimensional requirements of this ordinance.
   

1. Continuance of Nonconforming Structures. Nonconforming structures or buildings legally constructed in compliance with this Ordinance at the time of construction but which no longer conform to the provisions of this ordinance and the underlying district in which it is located may be continued only as hereinafter specified.
   1. Repairs, Alterations and Maintenance. Ordinary nonstructural repairs or maintenance made be made to a nonconforming structure as required to keep it in safe, sound condition, provided that the repair or maintenance does not extend, expand, intensify, or enlarge the nonconforming use or structure.
   2. Loss of Legal Nonconforming Status, Damage or Destruction. In the event a nonconforming structure is damaged or destroyed by any means to the extent that fifty percent (50%) of the structure’s market value prior to such destruction, such structure shall lose its legal nonconforming status and shall not be restored unless in conformance with the standards of this Ordinance. A nonconforming structure that is damaged or destroyed by any means to an extent of less than fifty percent (50%) of the structure’s market value prior to such damage or destruction may be restored to its pre-damaged state provided reconstruction is initiated within twelve (12) months and provided the reconstruction complies with all other Town ordinances, as well as state and federal laws.
   3. A Nonconforming Structure May Only Contain a Conforming Use. Nonconforming structures housing nonconforming uses may only continue in accordance with the standards in Section 1.10.4, Nonconforming Uses.
   4. Demolition and Rebuilding. A nonconforming structure shall not be re-established as a nonconforming structure after demolition, damage, or destruction, except pursuant to Section 1.10.3(2) above.
   5. Relocation. A nonconforming structure shall not be moved, in whole or in part, to another location on or off the parcel of land on which it is located, unless upon relocation it shall conform to the standards and requirements of this Zoning Ordinance.
      

1. Nonconforming Uses. A nonconforming use is a use that was legally established but which is no longer allowed by the use regulations of the district in which it is now located.
2. Continuation of Nonconforming Uses. Uses legally established but no longer allowed by the use regulations of the zoning district in which it is located may be continued but not enlarged or changed to any other nonconforming use. The one exception to this shall be authorization by the Board of Zoning Appeals upon a finding that the new use will be less detrimental to adjacent property and the general area than the existing use.
3. Abandonment. If a nonconforming use is replaced with a conforming use, it immediately loses its legal nonconforming status. If a nonconforming use is discontinued for any reason for a period of more than twelve (12) consecutive months, it loses its legal nonconforming status.
4. Accessory Uses. Once a nonconforming principal use is discontinued, all associated accessory uses shall cease operations within thirty (30) days.
5. Loss of Nonconforming Use. A legally nonconforming use will lose its legal status pursuant to the destruction, substantial improvement, demolition and relocation rules set forth above in Section 1.10.3, Nonconforming Structures.