(A) In general.
(1) Nonconformities as defined in this section are declared to be incompatible with permitted uses in the districts established by this chapter. It is the intent of this section to allow nonconformities to continue until they are removed, but not to encourage their proliferation.
(2) Any parcel of land, use of land, easement, building or structure lawfully existing on the date of any text change in this chapter, or on the date of a zoning map change that does not conform to the use or dimensional requirements of the district in which it is located may be continued and maintained in accordance with the provisions of this section and other applicable provisions of this chapter.
(3) A nonconformity shall not be changed to any other nonconformity unless the Board of Zoning Appeals finds that the new proposed nonconformity is more in character with the uses and development patterns in the zoning district in which it is located. In approving such a request, the Board of Zoning Appeals may require appropriate conditions and safeguards in accordance with the purpose of this section.
(4) A nonconformity shall only be extended, enlarged, or intensified in conformity with this section.
(5) Nonconforming off-premises advertising signs may be rebuilt provided all structural requirements detailed in this section are met.
(B) Nonconforming lots.
(1) Vacant lots. Vacant lots for which plats or deeds have been recorded in the Office of the Clerk of Court for Newberry County, which fail to comply with the minimum area or other dimensional requirements of the districts in which they are located may be used for any of the uses permitted in the district in which it is located, provided that:
(a) Where the lot area is not more than 20% below the minimum specified in this chapter, and other dimensional requirements are otherwise complied with, the Zoning Administrator is authorized to issue a certificate of zoning compliance.
(b) Where the lot area is more than 20% below the minimum specified in this chapter, or other dimensional requirements cannot be met, the Board of Zoning Appeals may, in its discretion, approve as a variance such dimensions as shall conform as closely as possible to the required dimensions.
(2) Recombination of nonconforming vacant lots. When the owner of a nonconforming vacant lot also owns land adjacent to the nonconforming lot, and the adjacent land or portion thereof can be combined with the nonconforming vacant lot to create a conforming lot or a more conforming lot (without creating other nonconformities), such owner shall, before selling or beginning any construction thereon, so combine the nonconforming lot and the adjacent land to create such lot.
(3) Nonconforming occupied lots. Nonconforming lots occupied by buildings or structures that fail to comply with the dimensional requirements for the district in which they are located may continue to be used, provided the specific nonconformity is not increased. The minimum yard requirements of this chapter shall not be construed as prohibiting the conversion of an existing building that does not meet the minimum yard requirements to another permitted use, so long as no further encroachment is made into the required yards.
(C) Nonconforming uses.
(1) Nonconforming uses of land or structures may continue only in accordance with the provisions of this section.
(2) A nonconforming use shall not be expanded. Expansion shall include an intensification of use, a physical expansion that results in increased capacity or activity associated with the use, an extension of the hours of operation or number of days of activity and any similar change in activity or location. A nonconforming use of land outside a building shall not be extended, enlarged, or intensified on additional land after the effective date of this chapter.
(3) A nonconforming use shall not be moved from one location on a site to another location on the same site unless the property owner can demonstrate to the satisfaction of the Zoning Administrator that the relocation of the use will not increase the impacts of such use on the public, will not adversely affect adjacent properties, and will not have the effect of making the nonconformity more permanent.
(4) A nonconforming use shall not be changed to any other use unless the new use conforms to the standards of the zoning district in which it is located. Once a nonconforming use is changed to a conforming use, a nonconforming use shall not be re-established.
(5) Where a nonconforming use is discontinued or abandoned for a period of 180 days, then the use shall not be re-established or resumed and any subsequent use of the land or structure shall conform to the requirements of these regulations; provided, however, that commercial and industrial businesses established at the time this chapter is adopted or amended are exempt from this provision. Owners of manufactured homes that have been abandoned for a period not less than 6 months, and which are older than June 15, 1976, shall remove them permanently from all land/lots of Newberry County unless the owner can demonstrate to the satisfaction of the Board of Zoning Appeals that they will take significant steps to bring the unit into compliance with this chapter.
(6) No structural changes shall be made in any structure occupied by a nonconforming use except as follows:
(a) Those structural changes ordered by an authorized official in order to ensure the safety of the structure shall be permitted.
(b) Maintenance and repairs to keep a structure in sound condition shall be permitted.
(c) Structural changes necessary to convert the nonconforming use to a conforming use shall be permitted.
(d) An existing nonconforming residential structure may be enlarged or altered provided that no additional dwelling units result. Any such enlargement or alterations shall be in compliance with all yard requirements of the district and/or use.
(e) The structure and its accompanying use may be moved to another location on the lot so long as the structure meets all applicable requirements of the district.
(f) Any nonconforming use may be extended throughout any parts of a structure that were manifestly arranged or designed for the use at the time of adoption or amendment of this chapter.
(D) Nonconforming structures.
(1) A nonconforming structure, devoted to a use permitted in the zoning district in which it is located, may continue in accordance with the provisions of this section.
(2) Normal repair and maintenance may be performed to allow the continuation of a nonconforming structure.
(3) Enlargement of a nonconforming structure for its current use on any property less than 2 acres in size may be allowed, provided that the following conditions shall apply:
(a) The original lot size must not be increased in order to accommodate the enlargement.
(b) The enlargement must not create or require additional on-site parking, and must not intensify the nonconforming use such that it creates peripheral off-site parking needs.
(c) The enlargement must not create additional noise, exterior lighting, or odor.
(d) The enlargement must not be accompanied by or made in conjunction with changes in operating hours.
(e) The enlargement must not create or be accompanied by changes in dimensions for lot access or signage.
(f) The enlargement must not violate yard or setback requirements for the existing district.
(4) Structural changes necessary to convert the nonconforming use to a conforming use shall be permitted.
(5) A nonconforming structure shall not be moved unless it thereafter conforms to the standards of the zoning district in which it is located.
(6) A nonconforming structure may be rebuilt, altered, or repaired in its pre-existing location after sustaining damage other than demolition, provided, however, that the structure is not expanded beyond the previous square footage unless in compliance with all other provisions of this section. A manufactured home may be replaced on the same lot with one that meets HUD standards and is of equal or larger square footage, provided that the unit must be replaced within 6 months of the destruction or removal.
(7) A nonconforming structure shall not be demolished and rebuilt as a nonconforming structure.
(8) Nonconforming signs, if present anywhere on the site, shall be removed prior to issuance of a change of use permit, issuance of a grading permit, or commencement of new construction on the site.
(E) Additional requirement for nonconforming accessory uses and structures. No nonconforming accessory use or accessory structure shall continue after the principal use or structure is terminated by abandonment, discontinuance, damage, or destruction unless such accessory use or accessory structure thereafter is made to conform to the standards for the zoning district in which it is located.
(F) Additional requirements for nonconforming manufactured home parks.
(1) Nonconforming manufactured home parks may not be expanded or increased in size which shall include adding spaces to the park;
(2) When a site at a nonconforming manufactured home park is vacated, another manufactured home may not be placed on that site;
(G) Changes of tenancy and/or ownership. There may be a change in tenancy or ownership of an existing nonconforming use or structure provided there is no change in the nature or character of such nonconforming use or structure except as provided herein and all other applicable requirements of this chapter are met (e.g., parking, screening, landscaping, etc.).
(H) Temporary nonconformances. A temporary use permit may be issued by the Zoning Administrator for an appropriate period of time not to exceed a 12-month period for nonconforming structures such as manufactured homes, modular units, and storage containers incidental to building construction or land development, provided that the owner of the temporary nonconforming use agrees to remove the temporary nonconforming use upon expiration of the permit. The temporary use permit may be renewed by the Zoning Administrator for 1 additional 12-month period or for a total of 24 months for both permit and extension combined, whichever is greater.
(Ord. 06-11-16, passed 9-21-2016)