Winnsboro City Zoning Code
§ 30
Nonconforming Uses and Structures.
30.1
Definition:
A nonconforming status shall exist under the following provisions of this ordinance:
1.
When a use or structure which does not conform to the regulations prescribed in the district in which such use or structure is located was in existence and lawfully operating prior to the adoption of the previous Zoning Ordinance and has been operating since without discontinuance.
2.
When on the effective date of this ordinance, the use or structure was in existence and lawfully constructed, located and operating in accordance with the provisions of the previous Zoning Ordnance or which was a nonconforming use thereunder and which use or structure does not now conform to the regulations herein prescribed for the district in which the use or structure is located.
30.2
Prior Use or Structure a Legal or Nonconforming Use or Structure.
Any nonconforming use or structure which was in existence prior to adoption of this Zoning Ordinance shall be considered a lawful use or structure or lawful nonconforming use or structure as of the implementation date of this Ordinance without further action on the part of the owner.
30.3
Expansion or Increase Provisions:
No nonconforming use or structure may be expanded or increased beyond the lot or tract upon which such nonconforming use is located as of the effective date of this ordinance except to provide off-street loading or off-street parking space upon approval of the Board of Adjustment.
30.4
Repair and Maintenance Provisions:
Repairs and normal maintenance may be made to a nonconforming building provided that no structural alterations or extensions shall be made except those required by law or ordinance, unless the building is changed to a conforming use.
30.5
Change to Nonconforming Use:
(1)
[Generally:]
a)
A nonconforming use may be changed to another similar nonconforming use where, in the opinion of the Board of Adjustment/Council, such new use:
b)
Such change in use may be permitted only following formal application for change before the Board of Adjustment/Council. Where proper findings are made, the Board of Adjustment/Council may direct the Building Inspector to issue the necessary permits.
(2)
Whenever a nonconforming use has been changed to a conforming use, it shall not revert to a nonconforming use.
30.6
Conforming Use in Nonconforming Structure:
Where a conforming use is located in a nonconforming structure, the use may be changed to another conforming use by securing a Certificate of Occupancy from the Building Official.
30.7
Discontinuance or Abandonment of Nonconforming Use:
Any nonconforming use of land or building which has ceased by discontinuance or abandonment for a period of ninety (90) days shall thereafter conform to the provisions of this chapter unless otherwise disposed of by the Board of Adjustment/Council. Abandonment shall involve the intent of the user or owner to discontinue a nonconforming operation and the actual act of discontinuance. Discontinuance of a business or the vacancy of a building or premises occupied by a nonconforming use for a period of ninety (90) days shall be construed as conclusive proof of intent to abandon the nonconforming use. Any nonconforming use which, not involving a permanent type of structure, is moved from the premises shall be considered to have been abandoned.
30.8
Destruction of a Nonconforming Structure:
Nonconforming structures may be restored only if destruction by fire, explosion or other act of God is less than 50% of its structural valuation prior to destruction. Determination of structural valuation shall be made by an appraiser, approved in writing by the designated City official, whose fee shall be paid by the property owner.
(1)
Any building whose destruction is less than 50% of its prior structural valuation, must apply for a permit and commence restoration within six (6) months of the date of described destruction.
(2)
In lieu of such reconstruction, the nonconforming use shall be considered abandoned, and such building shall be permitted to be reconstructed as a permitted use only.
(3)
Any building whose destruction is 50% or more of its prior structural valuation is not eligible to continue nonconforming use.
(Ordinance 773-2003 adopted 5/13/03; Ordinance 951-2016 adopted 1/12/16; Ordinance 1078-2024 adopted 2/13/2024)