It is the general policy of the Town of Surfside Beach to allow uses, structures, lots, and other situations that came into existence legally, in conformance with the then-applicable requirements, to continue to exist and to be put to productive use. Further, it is the policy of the town that as many aspects of the nonconformity be brought into compliance with the existing regulations as is reasonably possible. This article establishes regulations governing uses, structures, lots, signs, and other situations that were lawfully established but that do not comply with one (1) or more existing requirements of this chapter. The regulations of this article are intended to:

(1)

Recognize the interests of property owners in continuing the use of their property;

(2)

Promote reuse and rehabilitation of existing structures; and

(3)

Place reasonable limits on the expansion or continuance of nonconformities that have the potential to adversely affect surrounding properties and the town as a whole.

(a)

Continuance. Any use, lot, structure, or other property feature that legally existed prior to the adoption of this chapter, or that became nonconforming upon the adoption of any amendment to this chapter, may be continued in accordance with the provisions of this chapter.

(b)

Determination of nonconformity status. The burden of establishing that a nonconformity is a legal nonconformity shall, in all cases, be solely upon the owner of such nonconformity.

(c)

Repairs and maintenance. Incidental repairs and normal maintenance of nonconformities shall be permitted unless such repairs are otherwise prohibited by this article. Nothing in this article shall be construed to prevent structures from being structurally strengthened or restored to a safe condition, in accordance with an official order of the code enforcement official or his/her designee.

(d)

Change of tenancy or ownership. The status of a nonconformity is not affected by changes of tenancy, ownership, or management.

(a)

Expansion. A nonconforming use shall not be enlarged or expanded unless one (1) of the following conditions exists:

(1)

Such expansion eliminates or reduces the nonconformity and such expansion or extension conforms to the provisions of this chapter; or

(2)

The expansion is into a part of a building or structure that was lawfully and manifestly designed or arranged for such use, provided that no such expansion shall be allowed if it displaces a conforming use.

(3)

Commercial uses located within the entertainment district (C-4) that are deemed to be nonconforming with the creation of the district and as of the date of the ordinance that is damaged by fire or any other cause shall be permitted to restore or reestablish the use or to establish any other use permitted in the entertainment district, using the same footprint, height and square footage as existed prior to the fire or other cause. Structures must comply with the current flood damage prevention ordinance and all other federal, state and local laws that are applicable.

(b)

Change of use. A nonconforming use may not be changed to any use other than a use allowed in the zoning district in which it is located.

(c)

Abandonment and loss of nonconforming status. If a nonconforming use is replaced with another use or is discontinued for any reason for a period of more than one hundred eighty (180) days or longer, or one (1) year in the case of seasonal uses, the use shall be considered abandoned. Once abandoned, the use's legal nonconforming status shall be lost and the re-establishment of a nonconforming use shall be prohibited. Any subsequent use of the property shall comply with the regulations of the zoning district in which it is located.

(d)

Damage or destruction and loss of nonconforming status.

(1)

Except for residential uses, a nonconforming use that is damaged by fire or any other cause shall not be restored or re-established if the cost of the repair work equals fifty (50) percent or more of the use's total physical replacement cost (which shall consist solely of materials and labor). Determinations of physical replacement costs shall be made by the code enforcement official. Where damage is less than fifty (50) percent and such repairs are permitted, they shall in no way increase the extent of the nonconformity (pre-damage) and shall otherwise be in full compliance with the regulations of this chapter. Authorized repairs shall be completed within twelve (12) months of such damage.

(2)

A nonconforming residential use that is damaged by fire or any other cause may be restored. In such cases, the use may be re-established to the extent that existed before the time of damage, provided that the repairs or rebuilding do not increase the degree of nonconformity, do not increase the footprint and/or height of the damaged or destroyed building, and that the restoration or reconstruction begin within six (6) months and is completed within twelve (12) months of such damage. This section does not include residential uses in the entertainment district. Non-conforming residential uses within the entertainment district (C-4) shall not be permitted to be restored after fire or any other cause of damage exceeding forty-eight (48) percent of the value of the structure.

(3)

All construction authorized by this section shall conform to the requirements of the building code and Flood Prevention Ordinance (Chapter 14 of this Code).

(e)

Accessory uses. No use that is accessory to a principal nonconforming use shall continue after such principal use shall have ceased, unless it complies with the regulations of this chapter. Accessory uses shall conform to the requirements of all local, state and federal requirements.

(Ord. No. 18-0874, 10-23-18)

(a)

Use. A nonconforming structure may be occupied by any use allowed in the underlying zoning district. When a nonconforming structure contains one (1) or more nonconforming uses, the nonconforming use of the structure is subject to the requirements of section 17-502.

(b)

Expansion. A nonconforming structure shall not be enlarged or altered in a way which increases its nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity (See also subsection 17-201(e)).

(c)

Moving or relocation. A nonconforming structure may be moved in whole or part to another location on the same lot if the movement or relocation does not increase the extent of nonconformity. A nonconforming structure may be moved to another lot provided that the dimensional and use requirements of the lot's underlying zoning district can be met.

(d)

Damage or destruction and loss of legal nonconforming status.

(1)

A nonconforming structure, other than a residential structure, that is damaged by fire or any other cause shall not be restored, except in conformity with the provision of this chapter, if the cost of the repair work equals fifty (50) percent or more of the structure's total physical replacement cost (which shall consist solely of materials and labor). Determinations of physical replacement costs shall be made by the code enforcement official. Where damage is less than fifty (50) percent and such repairs are permitted, they shall in no way increase the extent of the nonconformity (pre-damage) and shall otherwise be in full compliance with the regulations of this chapter. Authorized repairs shall be completed within twelve (12) months of such damage.

(2)

A nonconforming residential structure that is damaged by fire or any other cause may be restored. In such cases, the structure may be re-established to the extent that existed before the time of damage, provided that the repairs or rebuilding do not increase the degree of nonconformity, do not increase the footprint and/or height of the damaged or destroyed building, and that the restoration or reconstruction begin within six (6) months and is completed within twelve (12) months of such damage.

(3)

All construction authorized by this section shall conform to the requirements of the building code and Flood Prevention Ordinance (Chapter 14 of this Code).

(a)

Vacant lots. Nonconforming vacant lots may be occupied by a use allowed by the underlying zoning district, provided that the use shall comply with all applicable setbacks (see subsection 17-201(a). If the underlying zoning district permits a variety of uses or a variety of intensities and one (1) or more uses or intensities would comply with setback and other district standards, while others would not, then only the uses or intensities that would comply with the applicable district standards shall be permitted.

(b)

Lot with building or structures. If a nonconforming lot contains a building or structure on the date on which this chapter becomes applicable to it, then the owner may continue the use of that building or structure and may reasonably expand the structure in a way that does not increase the degree of nonconformity. For buildings or structures occupied by a permitted use, an increase in the building size shall not be deemed to increase the degree of nonconformity unless it increases the encroachment on a required yard or, in the case of residential occupancy, increases the number of dwelling units on the nonconforming lot.

Except as may be provided elsewhere in this chapter, nonconforming features to include a deficiency in the number of required parking required illumination, or similar site appurtenance may continue pursuant to the provisions of this chapter. Any change of use, new construction, feature replacement, or the issuance of a zoning permit affecting the nonconforming feature will thereupon require full compliance with the requirements of this chapter.

All signs (excluding any sign subject to the Federal Highway Beautification Act), junkyards, commercial animal yards, commercial flea markets, and lumber yards not on the same lot with a plant or factory, shall be required to conform to the provision of this chapter within ten (10) years of the date of adoption of this chapter (by February 1990) or ten (10) years of the date of any subsequent revisions in this chapter or the nonconforming use must cease to exist.

Transient short-term rental uses will be required to conform to the terms of this chapter within ten (10) years of the effective date of adoption of this section (by June, 1994).