VI.3.1 A nonconforming
use or structure may not be enlarged, expanded or increased to occupy
a greater area of land than was occupied at the time the use or structure
became nonconforming, except to provide off-street parking or loading
areas as required by this Ordinance upon the recommendation of the
Planning and Zoning Commission and approval of the City Council.
VI.3.2 A nonconforming
use occupying a structure shall not be extended to occupy land outside
the structure.
VI.3.3 A nonconforming
use may be extended throughout the structure in which it is located,
provided that:
A. The structure
or its premises shall not be enlarged or increased in height, in floor
area or in land area to accommodate extension of the nonconforming
use; and
B. No alteration
shall be made to the structure occupied by the nonconforming use,
except those alterations that are required by law to preserve the
integrity of the structure and alterations that would upgrade the
quality, safety or aesthetic appeal of the structure; and
C. The number
of dwelling units or families occupying the structure shall not exceed
the number of dwelling units or families existing at the time the
use became nonconforming.
VI.3.4 Repairs
and normal maintenance may be made to a nonconforming building provided
that no structural alterations, expansions, or extensions shall be
made except those required by law or ordinance, unless the building
is changed to a conforming use.
VI.3.5 Any nonconforming
use may be changed to a conforming use, and once such change is made,
the use shall not thereafter be changed back to a nonconforming use.
VI.3.6 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, but shall not be changed
to a nonconforming use.
VI.3.7 A nonconforming
use located in a conforming or nonconforming structure shall not be
changed to another nonconforming use.
VI.3.8 Any nonconforming
use located in a conforming structure may be changed to a conforming
use provided a new Certificate of Occupancy is secured from the City,
and once such change is made, the use shall not thereafter be changed
back to a nonconforming use.
VI.3.9 Whenever
a nonconforming use is abandoned, all nonconforming rights shall cease
and the use of the premises shall thenceforth be in conformity with
this Ordinance. The intent of the user or owner to discontinue a nonconforming
use for a period of six (6) months, coupled with a non-use of the
nonconforming use for such period, 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.
VI.3.10 If a
structure occupied by a nonconforming use is destroyed by fire, acts
of God, neglect, or other cause, it may not be rebuilt except to conform
to the provisions of this Ordinance. In the case of partial destruction
of a nonconforming use not exceeding forty percent (40%) of its appraised
value as determined by the appropriate county appraisal district,
reconstruction will be permitted, but the size or function of the
nonconforming use cannot be expanded.
VI.3.11 If more
than forty percent (40%) of the total appraised value, as determined
by the appropriate county appraisal district, of a nonconforming structure
is destroyed by fire, the elements or some other cause, then the structure
may be rebuilt only in conformity with the standards of this Ordinance.
VI.3.12 Provisions
Applicable to Willow Run Addition.
Notwithstanding any of the foregoing, with regard to any parcel
located within Willow Run Addition, a development of approximately
104 acres as shown more fully on the Zoning Map of the City of Glenn
Heights, which was, prior to the passage and adoption of Ordinance
843-07, zoned “SF-1” (single-family 20,000 square foot
lot size minimum) and had at that time a structure existing thereon,
the owner(s) of such qualifying parcels may renovate, expand and rebuild
a structure existing thereon at the time of passage of Ordinance 843-07,
subject to the following provisions:
A. The owner
or owners of record of a qualifying parcel at the time of the passage
of Ordinance 843-07 may expand a structure in existence thereon at
the time of the passage of Ordinance 843-07 provided, however, that
if the owner converts to retail use(s), owner shall not be allowed
to revert to residential use thereafter.
B. Upon the
death of the owner(s) of a qualifying parcel or upon the sale or other
transfer of the property by title, deed, or otherwise, the parcel
may thereafter be used solely for retail/commercial uses.
C. The owner
or owners of record of a qualifying parcel at the time of the passage
of Ordinance 843-07 shall have a period of one (1) year within which
to rebuild if a structure on a qualifying parcel is destroyed. If
no attempt to rebuild occurs or if rebuilding is not completed within
that one (1) year period, the owner(s) may petition for an extension
of that time period by submitting evidence to the City Council or
the Zoning Board of Adjustment of a hardship encountered in the rebuild
process.
D. The rebuilding
of any structure in existence at the time of passage of Ordinance
843-07 shall be nonconforming with the previous vested rights. The
retail/commercial criteria will not be considered if this is done
within 12 months; however rebuilding beyond a year shall be only with
City Council and/or Zoning Board of Adjustment approval.
E. All rules
regarding nonconforming uses that are not in conflict with these provisions
remain in effect.
(Ordinance O-03-09 adopted 4/20/09; Ordinance O-11-18 adopted 9/18/18)
No nonconforming structure or building shall be moved in whole or in part to any other location on the lot, or to any other location or lot, unless every portion of such structure is in compliance with all the regulations of the zoning district wherein the structure is to be relocated. Such building relocation shall also require a structure relocation permit from the City, and may also require platting of the intended building site pursuant to the City’s Subdivision Regulations as well as Site Plan approval per Article
VIII, Section 13 of this Ordinance.
Nothing in this Ordinance shall be construed to prohibit the
use of a lot that does not meet the minimum lot standards of the zoning
district in which it is located, provided that the lot is zoned for
the land use(s) intended and the lot was platted as a lot of record
prior to the effective date of this Ordinance.
Nothing contained in this Article
VI is intended to alter any rights that may have accrued to proceed under prior regulations, pursuant to Texas Local Government Code Section 43.002, or Sections 245.001 to 245-00 [245.006].