(A)
Purpose.
It is the purpose of this GDC and specifically this Chapter 2, Article 7 that nonconforming uses and structures be eventually discontinued, and the structures and the use thereof be required to conform to the regulations prescribed in this GDC, having due regard for the amortization of the value of such nonconforming use or structure.
(Ordinance 6773 adopted 5/19/15)
(A)
Criteria.
Any use or structure that does not conform with the regulations
of this GDC on the effective date hereof, or any amendment hereto,
are considered a nonconforming use or structure provided that:
(1)
The
use or structure was in the City prior to adoption of the original
zoning ordinance (Ordinance 436) on October 21, 1952, and has existed
continuously as a nonconforming use; or
(2)
The
use or structure existed when the land occupied by the use or structure
was annexed into the City and has continuously existed as a nonconforming
use; or
(3)
The
use or structure was in conformity with the zoning ordinance in effect
at the time of annexation and has continuously existed.
(B)
Nonconformity
Due to ROW Acquisition.
A structure or use is not a nonconforming
use or structure when the cause of the nonconformity is due to the
acquisition of right-of-way (ROW) for a street or alley by the City
or other public or quasi-public entity whether through eminent domain
or by dedication.
(C)
Conformance
to a Zoning District.
Any use or structure that does
not conform with the regulations of the zoning district in which it
is located on the effective date of this GDC or any amendment hereto
is in violation of this GDC.
(Ordinance 6773 adopted 5/19/15)
(A)
Criteria.
Any platted lot that does not conform with the regulations of this GDC on the effective date hereof, or any amendment hereto, except as expressly provided in Subsection (C) below, is a nonconforming platted lot provided that:
(1)
the
platted lot was in existence under and in compliance with the provisions
of the immediately prior zoning regulations; or
(2)
the
platted lot was a lawful, nonconforming platted lot under the immediately
prior zoning regulations; or
(3)
the
platted lot was in existence at the time of annexation into the City,
and was a legally platted subdivision of the land at the time of annexation.
(B)
Conformance
to a Zoning District.
Any other platted lot that does not conform with the regulations of the Zoning District in which it is located on the effective date of this GDC or any amendment hereto, and except as provided in Subsection (C) below, is in violation of this GDC.
(C)
Conforming
Platted Lots.
The following types of platted lots are
considered in conformance with the provisions of this GDC, notwithstanding
the fact that the lot does not meet the standards of this GDC in the
district in which it is located:
(D)
Use
of a Platted Lot.
Nothing in this GDC 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 GDC.
(Ordinance 6773 adopted 5/19/15)
Criteria. Any legal nonconforming use
or structure may be continued, subject to the following:
(A)
The lawful
use of any building, structure, sign or land in accordance with the
terms of the regulations by which the use was established, or in the
case of annexed property, in accordance with the regulations under
which the use was created, may be continued.
(B)
Abatement
of a legal nonconforming use or structure within a given period of
time may be required by the City, provided, however, the right to
continue the nonconforming use or use of a nonconforming structure
is subject to regulations prohibiting nuisances and must be terminated
when the use or structure constitutes a nuisance.
(C)
A nonconforming
use or structure is subject to any reasonable regulations as the Board
of Adjustment (BOA) may require to protect adjacent property and subject
to the specific nonconforming use or structure regulations contained
within this GDC.
(D)
Any use that does not conform to the provisions of this GDC that requires the use to have a Specific Use Provision, but which legally existed as a conforming use without a Specific Use Provision under Article 2, Division 3 of this Chapter 2 prior to the adoption of this GDC, is allowed to continue as a legal nonconforming use, except that the provisions of Section 2.81 are applicable.
(E)
The provisions of Sections 2.76 through 2.78 of this GDC also apply to vacant property on which the last Certificate of Occupancy was for a use that would not conform to the provisions of this GDC, which would require the use to have a Specific Use Provision, but legally existed as a conforming use without a Specific Use Provision under Article 2, Division 3 of this Chapter 2 prior to the adoption of this GDC. Such a use is allowed to be reestablished as a legal nonconforming use, except that the provisions of Section 2.81 are applicable.
(Ordinance 6773 adopted 5/19/15; Ordinance 7107, sec. 34, adopted 12/3/19)
(A)
Nonconforming
Use Expansion Within a Structure.
A nonconforming use
may not be extended to any other part of the structure in which it
is located.
(B)
Nonconforming
Use Expansion Outside of a Structure; Beyond Lot.
(1)
A
non-conforming use within a structure may not be extended to use land
outside the structure.
(2)
A
nonconforming use may not be expanded or increased beyond the lot
upon which the nonconforming use is located as of the effective date
of this GDC, except to provide off-street loading or off-street parking
space upon approval of the Board of Adjustment.
(C)
Nonconforming
Structure Expansion.
Nonconforming structures may not
be enlarged, remodeled, or extended so as to increase the nonconformity
with any of the provisions of this GDC.
(D)
Other
Provisions Met.
All nonconforming uses being expanded
under the provisions of this GDC must comply with all other applicable
provisions of this GDC.
(Ordinance 6773 adopted 5/19/15; Ordinance 7107, sec. 35, adopted 12/3/19)
(A)
Moving
a Nonconforming Structure.
A nonconforming structure
or building may not 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 the nonconforming structure is in compliance with all the regulations
of the zoning district wherein the structure is to be relocated.
(B)
Right
to Repair Maintained.
(1)
Upgrading,
Strengthening, Repair or Maintenance.
Nothing in this GDC 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 the repairs or maintenance exceed fifty percent of the structure’s appraised value, as determined by the Dallas or Collin County Appraisal District. (Refer to Section 2.79(C) for replacement cost explanation.)
(2)
Structural
Alterations Allowed If Changed to Conforming Use.
Structural
alterations may not be made except those required by law or ordinance,
unless the building is changed to a conforming use, and provided that
no additional dwelling units may be added where the nonconforming
use results from there being more dwelling units on the lot than is
permissible in the district in which the building is located.
(C)
Substandard
Nonconforming Structure.
The right to operate and maintain any nonconforming structure will terminate whenever the nonconforming structure becomes substandard under any applicable ordinance of the City and the cost of bringing the nonconforming structure into compliance with the provisions of this GDC exceeds fifty percent of the replacement cost of the structure on the date the appropriate City official determines that the structure is substandard. (Refer to Section 2.79(C) for replacement cost explanation.)
(Ordinance 6773 adopted 5/19/15)
(A)
Structure
Totally Destroyed.
If a nonconforming structure or a
structure occupied by a nonconforming use is totally destroyed by
fire or the elements, such structure may not be reconstructed or rebuilt
except in conformance with this GDC.
(B)
Structure
Partially Destroyed.
(1)
In
the case of partial destruction of a nonconforming structure or a
structure occupied by a nonconforming use where sixty percent or less
of the structure’s current replacement value is destroyed, the
Building Official may issue a permit for reconstruction.
(2)
In
the case of partial destruction of a nonconforming structure or a
structure occupied by a nonconforming use where more than sixty percent,
but less than one hundred percent of the structure’s current
replacement value is destroyed, the BOA may allow for the rebuilding
(but not for enlarging) of the structure following a hearing and affirmative
vote. As to multiple-family structures, sixty percent or more of the
structure means sixty percent or more of the dwelling units contained
within the multiple-family complex.
(3)
Repair
must be completed within three hundred and sixty-five calendar days
following the event that caused the partial destruction. If reconstruction
is delayed by contested insurance claims, litigation, or some other
similar cause, then the one-year reconstruction period may be extended
by the Planning Director.
(C)
Replacement
Cost.
In determining the replacement cost of any nonconforming
structure, the cost of land or any factors other than the nonconforming
structure itself, including the foundation, may not be considered.
(Ordinance 6773 adopted 5/19/15)
(A)
Changing
to a Conforming Use.
Where a conforming use is located
in a structure which is nonconforming, the use may be changed to another
conforming use by securing a Certificate of Occupancy and meeting
the life and safety requirements as established in the applicable
building code for the proposed use.
(Ordinance 6773 adopted 5/19/15; Ordinance 7107, sec. 36, adopted 12/3/19)
Right to Operate Use Terminated. The
right to operate a nonconforming use will cease and the use will terminate
under any of the following circumstances:
(A)
Whenever
an existing nonconforming use is abandoned all nonconforming rights
are terminated and the premises must be used in conformance with this
GDC. Abandonment is the act of discontinuance of any nonconforming
use. The discontinuance of a nonconforming use for a period of six
months is prima facie evidence of abandonment and the owner has the
burden to prove that the nonconforming use has not been abandoned.
(B)
Whenever
there is a violation of any of the provisions of this GDC or violation
of any ordinance of the City of Garland with respect to a nonconforming
use, the right to operate such nonconforming use will terminate immediately
upon such violation.
(C)
Whenever
a nonconforming use is changed to a conforming use by rezoning so
as to achieve compliance with the provisions of a new or different
zoning district, those nonconforming rights are terminated.
(D)
Whenever
a nonconforming use is changed to a conforming use under the provisions
of this UDC, those nonconforming rights are terminated.
(E)
Whenever the structure in which a nonconforming use is housed, operated, or maintained is destroyed or damaged by fire or other causes to the extent of sixty percent or more of the value of the structure, the right to operate such nonconforming use will terminate, except as may be approved by the Board of Adjustment. (Refer to Article 2, Division 5 in this Chapter 2).
(F)
Whenever the public convenience and welfare will be substantially served, the BOA may, in specific cases, after public notice and public hearing (in accordance with Article 2, Division 5 of this Chapter 2, and subject to appropriate conditions and safeguards, require the discontinuance of a nonconforming use under any plan whereby full-value of the structure can be amortized within a definite period of time, taking into consideration the general character of the neighborhood and the necessity for all property to conform to the regulations of this UDC.
(Ordinance 6773 adopted 5/19/15)
