(A) Certain nuisances defined. Notwithstanding anything to the contrary set forth in the Code of Ordinances, Town of James Island, the following activities occurring within a special flood hazard area constitute a danger to the health, safety, and welfare of the residents of the town, are hereby defined as public nuisances and are prohibited within any special flood hazard area.
(1) The manufacture, processing, blending, mixing or refining of the following products as defined in the International Fire Code as adopted by the Town of James Island:
(a) Explosives;
(b) Blasting agents;
(2) Storage of the products listed in division (A)(1) above, except that the retail sale of packages products off-the-shelf at properly licensed and otherwise authorized retail sales outlets, is allowed.
(B) Defense - prior use of property. It shall be a defense to prosecution pursuant to division (A) above if:
(1) Property located within a special flood hazard zone was being used for a purpose defined as a nuisance in division (A)(1) above, before August 3, 1971, has been continuously used for such purpose thereafter, and such use:
(a) Was a permitted use pursuant to the county zoning ordinance as of August 3,1971; or
(b) Constituted a lawful non-conforming use under the county’s zoning ordinance on August 3,1971; and
(2) Property which becomes located within a special flood hazard area as the result of an amendment to the county’s FIRM was being used for a purpose defined as a nuisance in division (A)(1) above, before the effective date of the amended FIRM, has been continuously used for such purpose thereafter, and such use:
(a) Was a permitted use pursuant to the town’s zoning ordinance as of the effective date of the FIRM; or
(b) Constituted a lawful non-conforming use under the town’s zoning ordinance on the effective date of the FIRM.
(Ord. 2016-14, passed 1-19-2017)