A.

It is recognized that there exist within zoning districts certain land uses, BUILDINGs, STRUCTUREs, and LOTs which were lawful before this ordinance was passed or amended, but are now prohibited, regulated, or restricted under the terms of this ordinance or may be affected by future amendments. It is the intent of this ordinance to permit legally established nonconformities to continue until they are removed, but not to encourage their expansion.

B.

NONCONFORMING land uses, BUILDINGs, STRUCTUREs, and LOTs are declared by this ordinance to be incompatible with the provisions of the districts in which they are located. It is the intent of this ordinance that these nonconformities shall not be enlarged upon, expanded, or extended, except as otherwise specifically permitted in this ordinance, nor be used as grounds for adding other land uses, BUILDINGs, or STRUCTUREs prohibited elsewhere in the district.

C.

Nothing in this ordinance shall require a change in the plans, construction, or designated use of any BUILDING which has been approved prior to the effective date of adoption or amendment of this ordinance, subject to the vested rights limitations of the State of South Carolina.

D.

Any BUILDING, STRUCTURE, or LOT created in violation of the zoning regulations in effect prior to the adoption of this ordinance shall not be accorded the benefits and protections of legal NONCONFORMING status as provided for by this article.

E.

The provisions of this ordinance apply to both LOTs or parcels of land and to individual uses or STRUCTUREs. Where more than one (1) NONCONFORMING use or STRUCTURE is allowed to continue on a LOT or parcel after another NONCONFORMING use or STRUCTURE has been discontinued, the provisions of this ordinance shall not be waived in the case of the discontinued use or STRUCTURE.

A.

A NONCONFORMING use may not be changed to or exchanged for another NONCONFORMING use, except to be brought into conformity with this ordinance. When a NONCONFORMING use has been changed to or exchanged for a conforming use, the previous NONCONFORMING use may not be reestablished.

B.

A NONCONFORMING use may not be enlarged or extended, except to be brought into conformity with this ordinance.

C.

No part of any NONCONFORMING use shall be moved unless that movement eliminates or reduces the nonconformity.

D.

A NONCONFORMING use may not be reestablished after abandonment for a period of 12 consecutive months or 18 cumulative months in a two (2) year period. A NONCONFORMING use shall be determined to be abandoned if one or more of the following conditions exists, any of which shall constitute an intent on the part of the property owner to abandon the NONCONFORMING use:

1.

Utilities, such as water, gas, and electricity, to the property have been disconnected; or,

2.

The property, BUILDINGs, or grounds have fallen into disrepair; or,

3.

Signs or other indications of the existence of the NONCONFORMING use have been removed; or,

4.

Equipment or fixtures necessary for the operation of the NONCONFORMING use have been removed; or,

5.

Other actions which, in the opinion of the ZONING ADMINISTRATOR, constitute an intention on the part of the property owner or lessee to abandon the NONCONFORMING use.

A.

If a NONCONFORMING BUILDING or STRUCTURE is moved for any reason and for any distance, it shall be moved to a location which complies with the requirements of this ordinance

B.

Where a lawful NONCONFORMING BUILDING or STRUCTURE exists that does not conform with the requirements of this ordinance relative to BUILDING size, LOT COVERAGE, BUILDING HEIGHT, SETBACKs, or parking, that BUILDING or STRUCTURE may continue to be occupied and used so long as it remains otherwise lawful, subject to the following provisions:

1.

No NONCONFORMING BUILDING or STRUCTURE may be enlarged or altered in a way that increases its nonconformity.

2.

In the event that a NONCONFORMING BUILDING or STRUCTURE is destroyed to an extent of more than 66⅔ percent of its replacement value, it shall be reconstructed only in conformity with the provisions of this ordinance; provided, if within property under the jurisdiction of SCDHEC-OCRM, it may only be rebuilt with the approval of SCDHEC-OCRM.

C.

None of the provisions of this ordinance are meant to preclude normal REPAIRs and MAINTENANCE on any NONCONFORMING BUILDING or STRUCTURE that would prevent strengthening or correcting an unsafe condition of the BUILDING or STRUCTURE.

A.

In any zoning district, where a LOT of record at the effective date of adoption of this ordinance does not contain sufficient land area or width to meet the requirements of the district in which it is located, such LOT may be used as a BUILDING site for any use permitted in the zoning district in which the LOT is located; provided, all STRUCTUREs on such a LOT must conform to the district's minimum SETBACK requirements

B.

Boundary line adjustments may be permitted between NONCONFORMING LOTs or between a conforming and NONCONFORMING LOT; provided, the ZONING ADMINISTRATOR finds that the degree of nonconformity for any existing NONCONFORMING LOT is not increased due to such adjustments and no conforming LOT or STRUCTURE shall be made NONCONFORMING as a result.

C.

No PERSON shall apply for a VARIANCE arguing a hardship based upon an attempt to re-establish a lot line, which has previously been abandoned, if said re-established lot line does not permit full compliance with all applicable ordinances.

A.

Whenever the use of a BUILDING, STRUCTURE, or LOT becomes NONCONFORMING through an amendment to this ordinance or change in the district boundaries, the NONCONFORMING use may be continued only as provided within this ordinance. Any use that is changed from NONCONFORMING to a conforming use shall thereafter continue to be used only for a conforming use.

B.

Any NONCONFORMING STRUCTURE that is changed, in whole or in part, to a conforming STRUCTURE, or to a STRUCTURE that is closer to conformity than it was prior to the change, shall continue to be used or arranged as a conforming or more conforming STRUCTURE. The STRUCTURE shall not revert to its prior NONCONFORMING status, or to a less conforming STRUCTURE, at any time in the future.

C.

In no event shall a NONCONFORMING LOT be altered in a way that increases its nonconformity. And no conforming LOT shall be altered in such a way as to create a NONCONFORMING LOT.

Any existing NONCONFORMING land use, BUILDING, STRUCTURE, or LOT established in violation of any prior ordinance or amendment shall not be considered a legal nonconformity and shall not be entitled to the provisions, remedies, and safeguards of this ordinance.