Walterboro City Zoning Code

A.

The purpose of this Chapter is to regulate and limit the continued existence of uses and structures established prior to the effective date of this Ordinance (or any amendment subsequent thereto) that do not conform to this Ordinance.

B.

Many nonconformities may continue, but the provisions of this Chapter are designed to minimize substantial investment in nonconformities and to bring about eventual elimination and/or lessen their impact upon surrounding conforming properties in order to preserve the integrity of the area in which it is located and the intent of this Ordinance.

C.

Minor repairs to and routine maintenance of property where nonconforming situations exist are permitted and encouraged. In no case, however, shall work costing more than 60 percent of the taxed value of the structure be done, singularly or cumulatively, within any five (5) year period.

Where the owner of a lot at the time of this Ordinance does not own sufficient land to enable him to conform to the dimensional requirements of this Ordinance, such lot may nonetheless be used as a building site, provided that the lot requirements are not reduced below the minimum specified in this chapter by more than 20 percent. The use of substandard lots of record is encouraged, but the setbacks must be approved by the Board of Zoning Appeals. Any lot of record existing at the time of the adoption of this Ordinance, which has a lot area which is less than that required by this Ordinance, shall be subject to the following exceptions and modifications:

A.

The maximum lot coverage by buildings on such lot, subject to all other requirements, shall not exceed 60 percent.

B.

When two (2) or more adjoining lots with contiguous frontage are in one (1) ownership and those lots, individually, are smaller in area than required in this Ordinance, then that group of lots shall be considered as a single lot or several lots of minimum permitted area for the district in which they are located. In no case of adjoining lots may more than one (1) combined lot be divided so as to result in lots containing less than the minimum permitted area for the zoning district in which the property is located. If, however, the owner of two (2) or more adjoining lots with insufficient land dimensions decides to build on or sell off these lots he must first combine the lots to comply with the requirements of this Ordinance. Any lot requiring waivers below the 20 percent minimum set forth in this section may be approved by the Board of Zoning Appeals provided that further decreased dimensional requirements shall conform as closely as possible to the required dimensions.

A.

Nonconforming uses are declared by this Ordinance to be incompatible with permitted uses listed in Section 2.4, Permitted Uses Table in the district in which they are located. However, to avoid undue hardship, the lawful use of any building or land use at the time of the enactment of this Ordinance may be continued even though such use does not conform to the provisions of this Ordinance, except that the nonconforming building, use, or portions thereof, shall not be:

1.

Changed to another nonconforming use.

2.

Reused or re-occupied after a discontinuance of use or occupancy for a period of six months or more.

3.

Replaced or re-established with a similar building or use after physical removal or relocation from its site.

4.

Repaired, rebuilt, or altered after damage exceeding 50 percent of its replacement cost at the time of destruction. Reconstruction or repair, when permitted, must begin within six (6) months after damage is incurred.

5.

Enlarged or altered in a manner which increases its nonconformity. A use shall not be enlarged to cover more land than was occupied by that use when it became nonconforming.

6.

Does not violate a regulation of the City of Walterboro.

B.

Nothing in this Section shall be deemed to prevent strengthening or restoring to a safe condition any building or part thereof declared to be unsafe by any official charged with public safety.

C.

Nothing herein shall prevent the maintenance, repair and extension of a single-family dwelling that is nonconforming as to use, provided it is done in conformance with the dimensional requirements of the zoning district in which it is located, nor prevent the maintenance, repair, extension, or construction of a residential accessory building or swimming pool, provided done in conformance with the requirements of this Ordinance.

( Ord. No. 2014-02 , 5-13-14)

This category includes any structure not in conformance with the restrictions of this Ordinance after the effective date of adoption. Such nonconformities shall include, but not be limited to, height, lot coverage, and setback. Such nonconforming structures shall be allowed to remain with the following conditions:

A.

A nonconforming structure may not be enlarged or altered in any dimension that increases the nonconformity except where maintenance and repair are necessary to keep the structure in sound condition.

B.

When any nonconforming structure is removed, it may not be replaced with another nonconforming structure.

C.

When any nonconforming structure is damaged, repair must follow the guidelines listed in Section 13.5.

D.

Structural alterations as required by law or ordinance to secure the safety of the structure are permissible.

E.

Conforming uses, except Sexually Oriented Businesses, may be established or re-established in nonconforming buildings or structures provided that off-street parking is provided as required by this Ordinance and provided no other provision of this Ordinance for the establishment of new uses is violated.

A.

Any nonconforming structure, or any structure containing a nonconforming use, which has been damaged by fire, wind, flood or other causes, shall not be rebuilt, altered or repaired after damage exceeding 50 percent of its market value (as indicated on the most recent tax notice) immediately prior to damage.

B.

Nothing herein shall prevent the reconstruction of a nonconforming single-family dwelling that was destroyed by fire or natural disaster provided such reconstruction conforms to the dimensional requirements of the zoning district in which it is located.

A.

Signs existing at the time of the enactment of this Ordinance and not conforming to the provisions herein, but which were constructed in compliance with previous regulations and ordinances, shall be regarded as nonconforming signs and subject to the following regulations:

1.

Nonconforming signs shall not be structurally enhanced or modified so as to prolong the life of the sign.

2.

No changes in the existing nonconforming signs shall be allowed except for those repairs which are necessary to keep the sign in good working order and the message current.

3.

All nonconforming signs are required to be brought into compliance when there is a change in business use or name, or if the sign becomes damaged to an amount greater than 50 percent of its replacement cost. This does not apply to individual business panel changes on nonconforming multi-tenant sign faces or individual business sign faces in order to keep message current if no changes are being made to cabinet.

B.

Nonconforming portable and temporary signs that do not conform with the requirements of Chapter 5 shall be removed within 180 days of the effective date of this Ordinance. Nonconforming electronic message display boards that have any distracting appearance of motion shall be brought into compliance within 180 days and shall meet the provisions of Section 5.2.7 E.

C.

Minor repairs and maintenance of nonconforming signs necessary to keep a nonconforming sign in sound condition are permitted. If repair or maintenance of a nonconforming sign results in the removal of the sign frame structure for any length of time, the replaced sign frame structure and any copy placed on it shall be in conformance with this Ordinance.

D.

If a nonconforming sign is blank or advertises a business, service, commodity, accommodation, attraction or other enterprise or activity that is no longer operating or being offered or conducted, that sign shall be deemed abandoned and shall be removed or brought into compliance by the sign owner, property owner, or other party having control over such sign within 180 days after the use has ceased operation or the service or commodity has ceased being offered. Advertising that the property is for sale or lease does constitute continued use of the sign.

( Ord. No. 2014-02 , 5-13-14)

A.

Except as herein provided, any expansion of an existing use or structure, parking area, or a significant change of use which is deficient in landscaping and/or buffering, shall not occur without the screening and/or landscaping required by Chapter 7 having first been provided on-site. The CBD district is exempt from this requirement. The requirements of Chapter 7 shall be met to the greatest extent possible as determined by the Administrator.

B.

Nonconforming automobile storage, junk yards, and salvage yards shall provide an opaque screen in accordance with the screening requirements in Section 7.6 for outdoor storage no later than one (1) year after the adoption of this Ordinance.

A.

On any lot in any zoning district, except the CBD district, which contains a use which does not comply with the off-street parking and loading regulations contained in Chapter 8 of this Ordinance, no expansion or any significant change of use shall be approved which would result in a need to increase the number of off-street parking and/or loading spaces required (except as herein provided), until the requisite number of off-street parking spaces and all paving requirements have been met.

B.

A Certificate of Zoning Compliance may be issued when there has been a significant change of use and the number of off-street parking spaces required for the new use (per Chapter 8 of this Ordinance) is within 10 percent or 10 spaces, whichever is less, of the number of off-street parking spaces actually provided. Such relief may be granted on a one-time only basis per lot or planned development.