[Criteria concerning nonconforming uses are as follows:]

A.

Nonconforming use may be continued. Except as otherwise provided herein, the lawful use of land or buildings existing at the effective date of this ordinance may be continued although such use does not conform to the provisions hereof. Except as provided in this section, such nonconforming use may not be enlarged, extended, reconstructed, or structurally altered except in compliance with the provisions of this ordinance. However, nothing in this section shall be deemed to prevent the repair, strengthening, or restoring to a safe and substantially improved condition any part of a nonconforming building or structure.

B.

Nonconforming lots of record. Where a lot of record at the time of the effective date of this ordinance has less area or street frontage than herein required in the district in which it is located, and the owner of such lot does not own any other parcel or tract adjacent thereto, said lot may nevertheless be used for any use permitted within the district in which it is located, provided that area or street frontage requirements are reduced no more than 20 percent. If a variance of greater than 20 percent is needed, the applicant must apply to the board of zoning appeals for a variance. If, however, the owner of two or more adjoining lots, with insufficient land dimensions, decides to build on or sell off these lots, he must combine said lots to comply with the dimensional requirements of this ordinance.

C.

Change of nonconforming use. If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of the same general classification. Whenever a nonconforming use of land or building has been changed to a more restricted use or to a conforming use, such use shall not thereafter be changed back to a less restricted or nonconforming use.

D.

Extension of use within existing building. The nonconforming use of a building may be hereafter extended throughout those parts of a building which are primarily arranged or designed for such use at the time of the enactment of this [zoning] ordinance.

E.

Buildings nonconforming in height, area, or yard. A building nonconforming only as to height, area or yard requirements may be altered, extended, or replaced if razed by fire or other natural cause, provided such alteration, extension, or replacement does not increase the degree of nonconformity in any respect.

F.

Discontinuance of nonconforming use. No building or portion thereof used in whole or in part for a nonconforming use in a residential district which remains idle or unused for a continuous period of 180 days, or which remains idle or unused in any other district for a period of six months, whether or not the equipment or fixtures are removed, shall again be used except in conformity with the regulations of the district in which such building or land is located. No nonconforming mobile home shall be replaced by another nonconforming mobile home after removal for 30 consecutive days.

G.

Destruction of a nonconforming use. No building which has been damaged by any cause whatsoever to the extent of more than 50 percent of the fair market value of the building, immediately prior to the damage, shall be restored except in conformity with the regulations of this ordinance, and all rights as a nonconforming use are terminated. If a building is damaged by less than 50 percent of the fair market value, it may be repaired or reconstructed and used as before the time of damage, provided that such repair or reconstruction be substantially completed within 12 months of the date of such damage. The provisions of this subsection shall not apply to any bona fide residence, including mobile homes, used for residential purposes. Said uses may be reestablished regardless of the extent of damage.

H.

Intermittent use. The casual, intermittent, temporary or illegal use of land or buildings shall not be sufficient to establish the existence of a nonconforming use, and the existence of a nonconforming use on a part of a lot or tract shall not be construed to establish a nonconforming use on the entire lot or tract.

I.

Nonconforming signs. In a residential district where any sign does not comply with the provisions of this ordinance, such sign and any supporting structures may be maintained, but shall not be replaced, reconstructed, moved, structurally altered, repainted or relighted except in compliance with the provisions of this [zoning] ordinance and may continue in use unless subject to removal under other provisions of this ordinance. Removal, replacement, reconstruction, moving or structural alteration for any cause whatsoever shall be considered as loss of nonconforming status. Supporting structures for nonconforming signs may continue in use for a conforming sign if said support structures comply in all respects to the applicable requirements of these regulations and other codes and ordinances. No permits for additional signs shall be issued for any premise[s] on which there is any nonconforming sign.

J.

Mobile home subdivisions. A mobile home subdivision is defined as a subdivision of property into five or more individual parcels for the intended purpose of installing a mobile home on each such parcel.

An existing nonconforming mobile home in a previously-approved mobile home subdivision may be replaced with another code-approved mobile home subject to the following:

1.

The replacement mobile home shall be in place no longer than 12 months after removal of the previous nonconforming mobile home, and

2.

The subject property shall be maintained in accordance with all city property maintenance requirements.

As long as the mobile home and property are maintained to city standards, an existing, nonconforming mobile home in a previously-approved mobile home subdivision may continue to be used for single family dwelling purposes regardless of lapses in occupancy.

K.

Vested rights.

1.

Scope and title. All applicable ordinances, municipal code sections, and regulations relating to zoning, planning and land development within the municipality are subject to this section.

2.

Definitions.

a.

Except as hereinafter set forth, the words, terms and phrases when used in this section shall have the meaning as set forth in S.C. Code § 6-29-1520, as enacted by Act 287 of 2004.

b.

Site specific development plan means a development plan submitted to a local governing body by a landowner describing with reasonable certainty the types and plan density or intensity of uses for a specific property or properties. The plan may be in the form of, but is not limited to, the following plans or approvals; planned unit development; subdivision plat; site plan; variance; conditional use or special use permit plan; conditional or special use district zoning plan; or other similar approval that authorizes the landowner to proceed with investment in grading; installation of utilities, streets, and other infrastructure; and to undertake other significant expenditures necessary to prepare for application for a building permit.

c.

Vested right means the right to undertake and complete the development of property under the terms and conditions of a site specific development plan as provided in this ordinance.

d.

Phased development plan means a development plan submitted to the city by a landowner that shows the types and density or intensity of uses for a specific property or properties to be developed in phases, but which does not satisfy the requirements for a site specific development plan.

3.

Establishment and conditions of vested rights.

a.

A vested right to develop property in accord with a site specific development plan is triggered upon the final approval of the site specific development plan by the final official or body of the municipality authorized to approve a site specific development plan and the payment to the municipality of all applicable established fees.

b.

Except as hereinafter set forth, a vested right established by this section is subject to the conditions and limitations as set out in S.C. Code §§ 6-29-1540 and 6-29-1550, as enacted by Act 287 of 2004.

c.

The vested rights for any planned unit development (PUD) given final approval by city council between January, 2007 and January, 2009 shall terminate five years from the date of the original PUD approval given by city council. A vested right for any other approved site-specific development plan expires two years after the date of final approval by the final official or body authorized to approve a site-specific development plan.

d.

No vested rights are established for phased development plans, including approved or conditionally approved phased development plans and including phased development plans applicable to property proposed for annexation. An approved or conditionally approved site specific development plan is required prior to approval with respect to each phase of a phased development plan.

e.

A vested site specific development plan may be amended by the planning commission if the amendment conforms to, or does not cause greater nonconformity with, the then current provisions of the municipal zoning, planning, and land development ordinances, municipal code sections or regulations. Approval or conditional approval of an amendment does not re-set or re-start the expiration period of a vested right.

f.

Unless otherwise specified, extensions of vested rights are prohibited.

g.

Previously approved, solely-commercial planned use developments shall be granted a two-year extension to the previously allowed vested-rights period.

(Ord. No. 05-424, 7-5-2005; Ord. No. 10-509, 6-29-2010; Ord. No. 13-551, §§ 1, 2, 1-7-2014; Ord. No. 17-589, § 3, 5-7-2019; Ord. No. 25-750, 5-6-2025)