No land, building, structure, or improvement shall be used and
no building, structure, or improvement shall be made, erected, constructed,
moved, altered, enlarged, or rebuilt which is designed, arranged or
intended to be used or maintained for any purpose or in any manner
except in accordance with the use, height, area, coverage, yard, space,
and other requirements established in the Districts in which such
land, building, structure, or improvement is located, and such use
is authorized, except as provided by SECTION 4.8 [4.9] - NONCONFORMING
USES.
(Ordinance 1991-13 adopted 11/7/91)
Whenever the specific District regulations pertaining to one
District permit the uses of a more restricted District, such uses
shall be subject to the conditions set forth in the regulations of
the more restricted District, unless otherwise specified.
(Ordinance 1991-13 adopted 11/7/91)
It is intended that these regulations be interpreted as not
permitting a dwelling unit to be located on the same lot with or within
a structure used or intended to be used primarily for nonresidential
purposes except that one accessory residential unit may be provided
for a night watchman, motel manager, or similar purpose where essential
to the main use of the lot.
(Ordinance 1991-13 adopted 11/7/91)
Except as hereafter provided, no building or parcel of land
shall be used or occupied and no building or part thereof shall be
erected, moved or altered unless in conformity with the regulations
herein specified.
(Ordinance 1991-13 adopted 11/7/91)
No building shall hereafter be erected or altered that will
exceed the height limit nor shall any building or land be used or
occupied hereafter in excess of the density regulations for that district;
no building shall hereafter be erected or altered to accommodate a
greater number of families than those specified for that district;
no building shall be erected or altered to exceed the specifications
of required lot size, maximum coverage, yard requirements, height
limitations or bulk limitation for that district as defined.
(Ordinance 1991-13 adopted 11/7/91)
Any building hereafter erected or structurally altered shall
be located on one (1) lot and except as provided herein; there shall
be no more than one (1) principal building and the customary accessory
buildings on one (1) lot; provided further that accessory buildings
may not be erected or placed in the front and side yard areas as required
in the separate Districts.
(Ordinance 1991-13 adopted 11/7/91)
No principal building shall hereafter be constructed on a lot
which does not abut a public dedicated street.
(Ordinance 1991-13 adopted 11/7/91)
Within the districts established by this [Ordinance] or amendments
that may later be adopted, there exist lots, structures, and uses
of land and structures which were lawful before this Ordinance was
passed or amended, but which would be prohibited, regulated, or restricted
under the terms of this Ordinance or future amendment. It is the intent
of this Ordinance to permit these nonconformities to continue until
they are removed, but not to encourage their survival. Such uses are
declared by this Ordinance to be incompatible with permitted uses
in the Districts involved. It is further the intent of the Ordinance
that nonconformities shall not be enlarged upon, expanded or extended,
nor be used as grounds for adding other structures or uses prohibited
elsewhere in the same District. A nonconforming use of a structure,
a nonconforming use of land, or a nonconforming use of a structure
and land shall not be extended or enlarged after passage of this Ordinance.
(Ordinance 1991-13 adopted 11/7/91)
It is the purpose of this Section to provide for the regulation
of nonconforming uses. It is necessary and consistent with the establishment
of a zoning district that all uses incompatible with permitted uses
be regulated and permitted to exist only under controls.
1.
Continuing
Existing Uses -
The lawful use of any building or land
existing at the time of the enactment of this Ordinance may be continued
although such use does not conform with the provisions of this Ordinance
except as hereinafter specified.
2.
Unsafe
Structures -
Any nonconforming structures or portion
thereof declared unsafe by proper authority except as provided in
subsection 4.83 [4.9.3] may be restored to safe condition.
3.
Repair
or Alterations of Structures -
Alterations may be made
to any structure or portion thereof devoted to a nonconforming use
provided that: (a) no structural alterations are made to such structure
except those required by other law or regulation; (b) no nonconforming
use is extended or enlarged; (c) a structure devoted to a nonconforming
use which is declared unsafe by proper authority, destroyed or damaged
in any manner or from any cause whatsoever, to the extent that the
cost of restoration to the condition it was before the occurrence
shall exceed fifty percent (50%) of the cost of constructing the entire
structure shall not be restored unless such structure, when restored,
shall comply with the provisions of this Ordinance.
4.
Substitution
of Nonconforming Use -
The substitution of one (1) nonconforming
use for another nonconforming use is prohibited except when authorized
by the Planning Commission. Such substitution shall comply with the
provisions of Section 4.83 [4.9.3] (above).
5.
Re-establishment
of Nonconforming Use -
When a nonconforming use has been
changed to a conforming use, such conformity shall remain and such
use shall not thereafter revert to nonconforming use.
6.
Vacating
or Discontinuance of Nonconforming Use -
Any nonconforming
use that has vacated or has discontinued its nonconforming operations
for a period of six (6) months shall not thereafter be again put to
a nonconforming use.
7.
Establishing
a Conforming Use on a Nonconforming Parcel -
A proposed
use that does in fact conform to the district in which it is proposed
will not be permitted to commence on any parcel which does contain
a nonconforming use.
(Ordinance 1991-13 adopted 11/7/91)
In any District in which a lot exists of record at the effective
date of adoption or amendment of this Ordinance which does not conform
in size or area to the provisions of this Ordinance, buildings for
uses permitted in such District may be erected on such lot, notwithstanding
limitations imposed by other provisions of this Ordinance, provided
that such lot is in separate ownership and not of continuous frontage
with other lots in the same ownership.
(Ordinance 1991-13 adopted 11/7/91)
Where a lawful structure exists at the effective date of adoption
or amendment of this Ordinance that could not be built under the terms
of this Ordinance by reason of restrictions on area, lot coverage,
height, yards, or other characteristics of the structure or its location
on the lot, such structure may be continued so long as it remains
otherwise lawful, subject to the following provisions:
1.
No such
structure may be enlarged or altered in a way which increases its
nonconformity.
2.
Should
such structures be destroyed by any means to an extent of more than
fifty percent (50%) of its replacement cost at time of destruction,
it shall not be reconstructed except in conformity with the provisions
of this Ordinance.
3.
Should
such structure be moved for any reason for any distance whatever,
it shall thereafter conform to the regulations for the district in
which it is located after it is moved.
(Ordinance 1991-13 adopted 11/7/91)
If a lawful use of a structure, or of structure and premises
in combination, exists at the effective date of adoption or amendment
of this Ordinance that would not be allowed in the District under
the terms of this Ordinance, the lawful use may be continued so long
as it remains otherwise lawful, subject to the following provisions:
1.
No existing
structure devoted to a use not permitted by this Ordinance in the
District in which it is located shall be enlarged, extended, constructed,
reconstructed, moved, or structurally altered except in changing the
use of the structure to a use permitted in the District in which it
is located.
2.
Any
nonconforming use may be extended throughout any parts of a building
which were manifestly arranged or designed for such use at the time
of adoption or amendment of this Ordinance, but no such use shall
be extended to occupy any land outside such building.
3.
Any
structure, or structure and land in combination, in or on which a
nonconforming use is superseded by a permitted use shall thereafter
conform to the regulations for the District in which such structure
is located, and the nonconforming use may not thereafter be resumed.
4.
When
a nonconforming use of a structure, or structure and premises in combination,
is discontinued or abandoned for six (6) consecutive months, the structure,
or structure and premises in combination, shall not thereafter be
used except in conformance with the regulations of the District in
which it is located.
5.
Where
nonconforming use status applies to a structure and premises in combination,
removal or destruction of the structure shall eliminate the nonconforming
status of the land.
(Ordinance 1991-13 adopted 11/7/91)
Where, at the effective date of adoption or amendment of this
Ordinance, lawful uses of land exist that are no longer permissible
under the terms of this Ordinance as enacted or amended, such uses
may be continued as long as they otherwise remain lawful, subject
to the following provisions:
1.
No such
conforming use shall be moved in whole or in part to any other portion
of the lot or parcel occupied by such use at the effective date of
adoption or amendment of this Ordinance.
2.
No such
nonconforming use shall be enlarged or increased or extended to occupy
a greater area of land than was occupied at the effective date of
adoption or amendment of the Ordinance.
3.
If any
such nonconforming use of land ceases for any reason for any reason
[sic] for a period of more than thirty (30) days, any subsequent use
of such land shall conform to the regulations specified by this Ordinance
for the District in which such land is located.
(Ordinance 1991-13 adopted 11/7/91)
A nonconforming use of a structure, or of a structure and land
in combination, shall not be changed unless changed to a use permitted
in the District in which located; except that the Board of Adjustment
may permit a change to a more restricted nonconforming use and such
change shall be construed as an abandonment of the former permitted
nonconforming use.
(Ordinance 1991-13 adopted 11/7/91)
All territory annexed to the corporate limits of San Saba, Texas,
subsequent to the effective date of this Ordinance will be within
the jurisdiction of this Ordinance and will at such time become part
of that district specified by the City Council in accordance with
the San Saba Comprehensive Plan, at the time of annexation thereof.
Said annexed territory will retain such zoning classification until
such time said territory will be otherwise zoned in the manner prescribed
by law.
(Ordinance 1991-13 adopted 11/7/91)
In any district where single-family residences are permitted,
a single-family detached dwelling may not [sic] be erected on any
lot which is of official record on the effective date of this ordinance
subject to the following restrictions:
1.
There
must be provided a minimum lot width of fifty (50) feet.
2.
There
must be provided a minimum of ten (10) feet in side yards with five
(5) feet on any one side.
3.
The
front and rear yards must comply with the requirements set forth for
the zoning district within which the lot of record is located.
(Ordinance 1991-13 adopted 11/7/91)
Utilities service installations which are considered necessary
for the safe or efficient operation of utilities are permitted in
any zoning district of this ordinance, said utilities to be controlled
by the applicable regulations of the City of San Saba, valid franchise
granted by the City, and other provisions authorized in the state
statutes.
(Ordinance 1991-13 adopted 11/7/91)
