(a) 
Within the districts established by this chapter or amendments thereto, there may exist lot/tracts, structures, uses of land and structures, and characteristics of use which were lawfully in existence and operating before this chapter was enacted, amended or otherwise made applicable to such lot/tracts, structures or uses, but which do not now conform to the regulations of the district in which they are located. It is the intent of this chapter to permit such nonconforming uses to continue, as long as the conditions within this division and other applicable sections of this chapter are met.
(b) 
It is further the intent of this chapter that nonconforming uses shall not be enlarged upon, expanded or extended, and shall not be used as a basis for adding other structures or uses prohibited elsewhere in the same district.
(c) 
Nonconforming uses are hereby declared to be incompatible with the permitted uses in the districts involved.
(2006 Code, sec. 86-51; Ordinance 04-05-610, sec. 7.1, adopted 5/17/04)
(a) 
Any use, platted lot/tract or structure which does not conform with the regulations of this chapter on May 27, 2004, except as expressly provided in subsection (c) of this section, shall be deemed a nonconforming use, platted lot/tract or structure provided that:
(1) 
Such use, platted lot/tract or structure was in existence under and in compliance with the provisions of the immediately prior zoning ordinance;
(2) 
Such use, platted lot/tract or structure was a lawful, nonconforming use, platted lot/tract or structure under the immediately prior zoning ordinance; or
(3) 
Such use, platted lot/tract or structure was in existence at the time of annexation into the city, was a legal use of the land at such time, and has been in regular and continuous use since such time.
(b) 
Any other use, platted lot/tract or structure which does not conform with the regulations of the zoning district in which it is located on May 27, 2004, and except as provided in subsection (c) of this section, shall be deemed to be in violation of this chapter, and the city shall be entitled to enforce fully the terms of this chapter with respect to such use, platted lot/tract or structure.
(c) 
The following types of platted lot/tracts shall be deemed in conformance with the provisions of this chapter, notwithstanding the fact that such lot/tract does not meet the standards of this chapter in the district in which it is located:
(1) 
Any vacant lot/tract that conformed to the city’s zoning district regulations at the time that it was platted; or
(2) 
Any lot/tract occupied by a single-family dwelling authorized under the zoning district regulations in which the lot/tract is located.
(d) 
A lot/tract of record that is nonconforming may be occupied by a single-family dwelling.
(2006 Code, sec. 86-52; Ordinance 04-05-610, sec. 7.2, adopted 5/17/04)
(a) 
A nonconforming use or structure may continue to be used, operated or occupied in accordance with the terms of the zoning regulations by which it was established, or in the case of annexed property, in accordance with the regulations under which it was created.
(b) 
A nonconforming structure occupied by a nonconforming use may be reoccupied by a conforming use, following abandonment of the nonconforming use.
(2006 Code, sec. 86-53; Ordinance 04-05-610, sec. 7.3, adopted 5/17/04)
(a) 
If a nonconforming use or structure is abandoned, any future use of the premises shall be in conformity with the provisions of this chapter and with any other applicable city codes or ordinances that are in effect at the time the use is resumed or the structure is reoccupied.
(b) 
A nonconforming use or structure shall be conclusively deemed “abandoned” in the following circumstances, irrespective of any intent of the property owner, in the following circumstances:
(1) 
The use ceases to operate for a continuous period of six months;
(2) 
The structure remains vacant for a continuous period of six months; or
(3) 
In the case of a temporary use, the use is moved from the premises for any length of time.
(c) 
The use of a nonconforming structure that has a replacement cost of $2,000.00 or less, which does not conform to the provisions of this chapter, or any amendment thereto, shall be discontinued and the structure removed within six months following May 27, 2004.
(d) 
If the use of any lot/tract, tract or property that does not have a building on it and that is used for open/outside storage as of May 27, 2004, is made nonconforming by this chapter, then such storage use shall cease within six months following the effective date of such ordinance. The lot/tract, tract or property shall be cleaned up and all trash, debris, stored items and vehicles, and other materials shall be removed from the premises such that the property is not a physical or visual nuisance to the public or to surrounding property owners.
(2006 Code, sec. 86-54; Ordinance 04-05-610, sec. 7.4, adopted 5/17/04)
(a) 
A nonconforming use shall not be changed to another nonconforming use.
(b) 
A nonconforming use may be changed to a conforming use; however, once such change is made, the use shall not be changed back to a nonconforming use.
(c) 
A conforming use located in a nonconforming structure may be changed to another conforming use, but shall not be changed to a nonconforming use.
(2006 Code, sec. 86-55; Ordinance 04-05-610, sec. 7.5, adopted 5/17/04)
(a) 
A nonconforming use may be extended throughout the structure in which it is located, except as set forth in section 30.02.035(c), provided that:
(1) 
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;
(2) 
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
(3) 
The number of dwelling units occupying the structure shall not exceed the number of dwelling units existing at the time the use became nonconforming.
(b) 
A nonconforming use occupying a structure shall not be extended to occupy land outside the structure.
(c) 
A nonconforming use or structure shall not be enlarged, increased or extended to occupy a greater area of land than was occupied at the time the use or structure became nonconforming, except to provide additional off-street parking or loading areas required by this chapter.
(2006 Code, sec. 86-56; Ordinance 04-05-610, sec. 7.6, adopted 5/17/04)
(a) 
If more than 60 percent of the total appraised value, as determined by the county central 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 chapter.
(b) 
If less than 60 percent of the total appraised value, as determined by the county central appraisal district, of a nonconforming structure is destroyed by fire, the elements, or some other cause, then the structure may be reconstructed as it was before the partial destruction but only to its original dimensions and floor area, and provided that such reconstruction is completed within six months following the event that caused the partial destruction. If reconstruction is delayed by contested insurance claims, litigation, or some other similar cause, then the six months reconstruction period may be extended, at the sole discretion of the city manager, or his designee. The denial of an extension is not subject to appeal.
(c) 
If a nonconforming structure that is totally or partially destroyed was occupied by a nonconforming use at the time of such destruction, then the nonconforming use may be re-established subject to the limitations on expansion set forth in section 30.02.036.
(d) 
Any conforming structure that is totally or partially destroyed shall be reconstructed only in conformity with the standards of this chapter.
(e) 
Nothing in this chapter shall be construed to prohibit the upgrading, strengthening, repair or maintenance of any part of any structure, conforming or nonconforming, that is declared unsafe or uninhabitable by the proper authority, unless such repairs or maintenance exceeds 60 percent of the structure’s appraised value, as determined by the county central appraisal district. If the repairs exceed 60 percent of the structure’s appraisal value, the structure shall be demolished and may only be rebuilt in conformity with this chapter.
(2006 Code, sec. 86-57; Ordinance 04-05-610, sec. 7.7, adopted 5/17/04)
No nonconforming structure or building shall be moved in whole or in part to any other location on the lot/tract, or to any other location or lot/tract, 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 chapter 28, regarding subdivisions, as well as site plan approval per division 7 of this article.
(2006 Code, sec. 86-58; Ordinance 04-05-610, sec. 7.8, adopted 5/17/04)
Nothing in this chapter 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 intended and the lot was platted as a lot of record prior to the effective date of the ordinance from which this chapter is derived.
(2006 Code, sec. 86-59; Ordinance 04-05-610, sec. 7.9, adopted 5/17/04)
Nothing contained in this division is intended to alter any rights that may have accrued under prior regulations, pursuant to V.T.C.A., Local Government Code sec. 43.002, or V.T.C.A., Local Government Code secs. 245.001–245.006.
(2006 Code, sec. 86-60; Ordinance 04-05-610, sec. 7.10, adopted 5/17/04)