151.120.01

Purpose. The City of Westminster is committed to its planning and land use goals in order to create harmonious living and working regions throughout the city. As the city updates land uses, reasonable continuation of pre-existing legal uses, while over time bringing a property's use into conformity naturally. For example, the city may wishes to allow a business to continue operation or a family to continue living in their home even if the surrounding zoning is changed for different, future uses. This chapter outlines continuation and maintenance requirements for nonconforming structures and uses. However, should such a structure no longer be used as a business or residence, this chapter outlines when it must be brought into conformity.

151.120.02

Buildings or uses legally existing on the effective date of this chapter, not conforming to the provisions thereof, are declared nonconforming. However, such uses may be continued, except as outlined in 151.120.04, below.

A.

Continuance. Continuance of existing uses which are nonconforming may be continued except as specified below, unless the use or structure was established in violation of the Zoning Ordinance previously in effect and has not since been brought into conformance.

B.

Maintenance. Repairs, alterations, and maintenance of a nonstructural nature may be made to a nonconforming structure to maintain its sound condition. Nothing in this section shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official.

C.

Expansion. A nonconforming use shall not be expanded or extended beyond the floor area or lot area that it occupied on the effective date of this chapter or the effective date of any amendment to this chapter rendering the use nonconforming.

151.120.03

The following conditions shall discontinue the use of a nonconforming use or structure.

A.

Change of use. A nonconforming use shall not be changed to any other nonconforming use, but may be converted to a conforming use.

B.

Discontinuance or abandonment. A nonconforming use shall not be re-established after vacancy, abandonment, or discontinuance for any 12 consecutive months.

C.

Damage or destruction. Any nonconforming use that is damaged or destroyed, by any means, to the extent of more than 50 percent of fair market value, shall only be restored in a manner that conforms with these requirements. The building may be restored if damaged less than 50 percent of fair market value, provided restoration is begun within six months, and completed within one year of the date of the destructive occurrence. Fair market value is determined by the assessed value or the appraised value as determined by a state-certified appraiser.

D.

Substantial improvement. Substantial improvement is defined as any combination of repairs, reconstruction, alteration, or improvements to a building over a five year/ten year period for which the cumulative cost exceeds 50 percent of the market value of the building prior to the first instance of repairs, reconstruction, alteration, or improvements.

151.120.04

Amortization of certain uses. [Taken from current Westminster Code] In accordance with the provisions of the S.C. Code § 6-29-730, as amended and notwithstanding other provisions of this chapter, certain nonconforming building and/or land uses, after this chapter is enacted into law, shall be discontinued, and/or shall be torn down, altered or otherwise made to conform to this chapter within the periods of time set below or established by the Board of Appeals.

a.

Those nonconformities to be discontinued, removed, altered, or made to conform with this chapter shall consist of, but not be limited to:

i.

Wrecking, junk, scrap, or salvage yards and other such open uses of land; signs, outdoor advertising structures; automotive storage yards or outdoor storage yards for lumber, building materials, contractor's equipment.

ii.

Nonconforming fences, hedges, signs, (add) storage sheds, billboards/or other obstructions impeding vision at intersections.

b.

Nonconformities listed above shall be discontinued within 180 days, with all other nonconformities having a maximum of two and one-half years to comply.

c.

The Board of Zoning Appeals may exercise an option to determine what conditions could be met in order to bring the use into conformance or near conformance, and may stipulate that specified use or uses can meet the revised standards in lieu of termination of the use or compliance with revised standards, on an individual case basis, shall be dependent upon consideration of:

i.

The nature and extent of the use;

ii.

The amount of actual investment;

iii.

The number, size and costs of improvements; and

iv.

The detriment to the particular area caused by such nonconforming use.

d.

In such cases as time limitations or termination dates are set, the Board of Appeals, either according to general rule or findings in a specific case, may permit not more than one extension period beyond the established date. These extensions are limited to 30 days for subdivision (D)(3) nonconformities, and six months for all others.

e.

Notice shall be sent by the Zoning Administrator to all nonconforming users stating wherein they do not conform to said chapter, and stating the date by which they must comply, meet revised standards, or cease to exist. The date for compliance or termination shall be measured from the date of enactment of this chapter.

f.

The date for meeting revised standards for marginal conformity shall be measured from date of notice from the Board of Appeals as to the standards. These dates shall be observed regardless of whether notice of nonconformity is sent by the Zoning Administrator or received by the affected owner, and shall be bound by no other date or extension date unless set by the Board of Appeals. Application for relief from such termination shall be made to the Board of Appeals within one year of the adoption of this chapter. Should the board fail to make a decision concerning said appeal within six months of the application by the affected owner, then the termination date shall be automatically extended one year. If a decision is not forthcoming within one year of the application then termination requirements shall be void.

E.

Accessory uses. Once a nonconforming principal use is discontinued, all associated accessory uses shall cease operations within 30 days.

(Ord. 2023-12-12-01, § 1(Exh.), passed 12-12-2023)