Appendix 500. Nonconforming buildings or uses.
Nonconforming buildings or land uses are declared by this ordinance to be incompatible with permitted uses in the districts involved. However, to avoid undue hardship, the lawful use of any buildings or land uses at the time of enactment or amendments of this ordinance may be continued even though such use does not conform with the provisions of the ordinance, except as follows:
500.1 The nonconforming building or land use shall not be changed to another nonconforming use.
500.2 Enlargements and alterations.
a.
The nonconforming building, if it houses an allowed land use, may be enlarged or altered to any degree provided that the enlargement or alteration meets all setbacks and other requirements of the district.
b.
Any building or structure, conforming or nonconforming which houses a nonconforming land use shall not be enlarged or altered in excess of twenty (20) percent of existing floor area. The twenty (20) percent expansion can only occur if all applicable district requirements (setbacks, height restriction, etc.) are met. If not, the twenty (20) percent expansion shall be prohibited.
500.3 Nothing in this section shall be deemed to prevent the strengthening or restoring to a safe condition any building or part thereof declared to be unsafe by an official charged with protecting the public safety, upon order of such official.
500.4 Replacement of structures. The intent of this section is to allow existing nonconforming buildings to be replaced or rebuilt if the following conditions are met:
a.
Reconstruction (including replacement) of existing buildings and swimming pools shall be allowed as long as the structures are not enlarged or expanded to the extent that the structure or structures exceed the gross square footage which existed on the lot before enactment of this ordinance. (The gross square footage of previously existing structures, in this case, does not include previously existing structurally enclosed parking spaces. In addition, new structurally enclosed parking which is developed to meet the parking requirements of the new principal use structure does not count against the gross square footage permitted in this replacement.)
b.
No reconstruction of a nonconforming building may be seaward of the existing building line (for oceanfront properties) nor shall it in any manner encroach farther into required setback areas than the existing nonconforming structure does that it is replacing. In addition, no reconstruction of a nonconforming building may encroach more than fifty (50) percent into required side yards, rear yards or front yards (with the exception of oceanfront).
c.
Such reconstruction is exempt from maximum building coverage and maximum height restrictions of the zone. The reconstruction or replacement of structures is allowed only if such new structures conform to all other development control and/or drainage regulations applicable at the time of reconstruction, redevelopment or replacement.
d.
When structures which are to be replaced contain nonconforming uses, the nonconforming uses are not permitted to be continued when the new structure is built.
e.
Single-wide manufactured homes may be replaced with double-wide units in any zoning district, provided all applicable district regulations can be met.
f.
Reconstruction seaward of the South Carolina Coastal Council (SCCC) 40-year setback line complies with SCCC requirements and has been approved, in advance, by the SCCC. In the event that conflicts exist between the requirements of this section and sections 500.4.a through d, the more restrictive requirements shall apply.
500.5 Existing tow yards locations that were operating and had a business license as of May 2013 may be permitted to continue to operate as "legal nonconformities" subject to the following limitations:
a.
They must come into compliance with the signage requirements of section 538.C by December 31, 2014.
b.
They must come into compliance with the fencing and screening requirements of section 538.A and 538.B by December 31, 2017.
500.6 Existing asphalt and/or concrete batch/bulk plants that were legally operating in Limited Industrial (LI) or Heavy Industrial (HI) zoning districts before enactment of these provisions may be permitted to continue to operate as "legal non-conformities" subject to the following limitations:
1.
Expansion of the existing facility may occur up to the setbacks of the zoning district in which the facility is located provided all applicable county building permits are obtained.
2.
Hours of operation for the facility shall be in accordance with those specified in the Horry County Code of Ordinances (Noise Control).
500.7 Existing heliports and helipads that were legally operating before the enactment of section 539 in a place other than at a public use airport shall discontinue, or be located in conformity with this ordinance, not later than January 1, 2024.
(Ord. No. 108-89, 11-8-89; Ord. No. 26-90, 5-15-90; Ord. No. 55-91, § 1, 9-17-91; Ord. No. 56-91, § 1, 9-17-91; Ord. No. 15-92, § 8, 5-5-92; Ord. No. 111-03, § 1, 1-27-04; Ord. No. 99-04, § 2, 11-9-04; Ord. No. 52-13, § 1, 10-1-13; Ord. No. 15-16, § 3, 4-19-16)