4.1.1
PURPOSE
AND INTENT.
A structure, lot of record, use of land,
or other such use or structure that was lawful when commenced but
which is contrary to the regulations set forth in this Ordinance because
of amendments to this Ordinance, annexation into the City, or eminent
domain shall be deemed a nonconforming use. Such nonconformities are
deemed to be incompatible with permitted uses and structures in the
applicable zoning district and are contrary to the stated purposes
of this Ordinance. With due regard for the property rights of the
persons affected when considered in light of the public welfare and
in view of protecting the use and enjoyment of adjacent conforming
properties, it is the declared purpose of this Section that nonconformities
be eliminated and be required to conform to the regulations in this
Ordinance. Notwithstanding the above, such nonconformities may be
continued subject to the conditions and limitations set forth in this
Ordinance.
4.1.2
NONCONFORMING
USES REGULATED.
Nonconforming uses are incompatible with
permitted uses. Therefore, no nonconforming use of land or building,
nonconforming lot or yard, or any nonconforming structure shall be
enlarged, changed, altered, or repaired except in conformance with
the regulations contained in this Ordinance.
4.1.3
NONCONFORMING
LOTS OF RECORD.
All legally conforming platted lots and
all legally constructed structures existing prior to the effective
date of this ordinance shall be deemed to continue to be legally conforming
as of the effective date of this ordinance. This provision shall apply
even though such lot or structure fails to meet the minimum requirements
for area, width, or both, as governed by the applicable area regulations
for that particular zoning district; however, all other provisions
of the applicable zoning district area regulations, such as setback
distances, heights, and percent of lot coverage shall apply. Any change,
alteration, or modification decreasing the area of any said lot or
structure shall conform to these zoning regulations contained herein
or be authorized by variance granted by the Zoning Board of Adjustment.
Any use, lot, or structure which does not conform to the regulations
of the zoning district in which it is located, is nonconforming when:
A.
The use,
lot, or structure was in existence and lawfully operating on the date
of the passage of this ordinance, and has since been in regular and
continuous use; or
B.
The use,
lot, or structure is lawful at the time of the adoption of any amendment
to this ordinance, but because of the amendment, no longer complies
with applicable regulations; or
C.
The use,
lot, or structure had commenced at the time of annexation proceedings
and has since been in regular and continuous use.
4.1.4
NONCONFORMING
USES OF LAND.
If, at the effective date of this ordinance
or amendment thereof, a lawful use of land exists which would not
be permitted by the regulations imposed by this ordinance, the use
may be continued so long as it remains otherwise lawful, provided:
A.
The nonconforming
use shall not be enlarged or increased, nor extended to occupy a greater
area of land than was occupied at the effective date of adoption or
amendment of this ordinance.
B.
The nonconforming
use shall not be moved, in whole or in part, to any portion of the
same lot or parcel other than that occupied by such use at the effective
date of adoption or amendment of this Ordinance.
C.
If any such
nonconforming use of land is deemed to be abandoned or discontinued
for any for a period of more than six (6) months, any subsequent use
of such land shall conform to the regulations specified by this Ordinance
for the district in which such land is located.
4.1.5
NONCONFORMING
BUILDINGS AND STRUCTURES.
If a lawful building exists
at the effective date of adoption of this ordinance or any amendment
thereto that could not be built under the terms of this ordinance
because of restrictions on area, lot coverage, height, yards, its
location on the lot, or other requirements concerning the building,
the building may be continued so long as it remains otherwise lawful,
subject to the following provisions:
A.
No Enlargement.
A nonconforming building may not be enlarged or altered in a
way which increases its nonconformity, but any building or portion
thereof may be altered to decrease its nonconformity or to comply
with the City building codes.
B.
Destruction.
Should a nonconforming building or nonconforming portion of
a building be destroyed by any means to an extent of more than fifty
(50) percent of its replacement cost (as determined at the time of
destruction), or fifty (50) percent of the square footage of the building,
it shall not be reconstructed except in conformity with the provisions
of this ordinance, or when approved by the Zoning Board of Adjustment,
after public hearing thereon. In the event the board conducts a hearing
pursuant to this Section, the board must give due consideration of
the property rights of persons affected, in light of public welfare
and the character of the area surrounding the nonconforming building.
C.
Moving
of Building.
Should a nonconforming building be moved
for any reason for any distance whatever, it must thereafter conform
to the regulations of the district in which it is located after it
is moved.
D.
Nonconforming
Structures in Residential Zones.
All structures located
on parcels located in residential zoning districts, on the effective
date of this ordinance shall be deemed to be conforming, unless the
size of the structure is increased, in which event the minimum size
of structure required by this Ordinance for the zoning district in
which the structure is located shall apply.
E.
Completion
of Building Under Construction.
A building under construction
at the time of the passage of this ordinance, or any amendment to
this ordinance, may be completed in accordance with its plans and
designated use so long as it is completed within one year from the
date of passage of this ordinance or from the date of the amendment
to this ordinance.
4.1.6
NONCONFORMING
USES OF BUILDINGS.
If lawful use of a building exists
on the effective date of the adoption or amendment of this ordinance,
that would not be allowed in a particular 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:
A.
No Enlargement.
An existing building devoted to a use not permitted by this
ordinance in the district in which it is located shall not be enlarged,
extended, constructed, reconstructed, moved or structurally altered
except in changing the use of the building to a use permitted in the
district in which it is located, or to comply with the City building
codes.
B.
Extension.
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.
C.
Change
of Nonconforming Use.
If no structural alterations are
made, except as required by the city’s building codes, a nonconforming
use of a building, or building and premises may be changed to another
nonconforming use provided that the Zoning Board of Adjustment shall
find that the proposed use is equally appropriate or more appropriate
to the district than the existing nonconforming use. In permitting
such change, the Zoning Board of Adjustment may require the owner
to comply with conditions to achieve the purposes of this ordinance.
D.
Use Superseded.
Any building in which a nonconforming use is superseded by a
permitted use shall thereafter conform to the regulations for the
district, and the nonconforming use may not thereafter be resumed.
E.
Status
of Land If Building Demolished.
Where a nonconforming
use status applies to a building and premises in combination, removal
or destruction of the building shall eliminate the nonconforming status
of the land. For purposes of this subsection, “destruction”
is defined as damage to an extent of more than fifty (50) percent
of the replacement cost at time of destruction.
4.1.7
REPAIRS
AND MAINTENANCE.
A.
Repair.
On any nonconforming building or portion of a building containing
a nonconforming use, work may be done in any period of twelve (12)
consecutive months consisting of ordinary repairs, or the repair or
replacement of nonbearing walls, fixtures, wiring or plumbing, in
an amount not exceeding fifty (50) percent of the current replacement
cost of the nonconforming building or nonconforming portion of the
building, as the case may be, provided that the cubic content or area
existing when the nonconforming building or portion thereof became
nonconforming shall not be increased.
B.
Rebuilding.
If a nonconforming building or portion of a building containing
a nonconforming use becomes physically unsafe or unlawful due to lack
of repairs and maintenance, and is declared by any authorized city
official to be unsafe or unlawful by reason of physical condition,
it shall not thereafter be restored, repaired or rebuilt except in
conformity with the regulations of the district in which it is located.
C.
Safety.
Nothing in this Ordinance shall be deemed to prevent the strengthening
or restoring to a safe condition of any building or part thereof declared
to be unsafe by any official charged with protecting the public safety,
upon order of the Administrative Official.
4.1.8
NONCONFORMING
USES DISCONTINUED.
A.
Requirements.
A nonconforming use of any building, structure or land which
has been discontinued shall not thereafter be returned to any conforming
use.
B.
Discontinuation.
A nonconforming use shall be considered discontinued when any
of the following occur:
1.
It has
been replaced with a conforming use;
2.
The nonconforming
building or structure is or hereafter becomes vacant and remains unoccupied
or out of use for a continuous period of 180 days, or the equipment
and furnishings of the nonconforming use have been removed from the
premises and have not been replaced within such 180-day period; or
3.
Land used
for a nonconforming use has ceased to be used in a bona fide manner
as a nonconforming use for 180 consecutive days; or
4.
The intention
of the owner to permanently discontinue the use is apparent.
4.1.9
ABANDONMENT
OF NONCONFORMING USE.
A.
Requirements.
A nonconforming use shall be considered to be legally abandoned
when the following facts exist based upon the evidence available to
the administrative official:
1.
The owner
has expressed or demonstrated, in some manner, an intent to permanently
discontinue the nonconforming use; and
2.
When land
used for a nonconforming use ceases to be used in a bona fide manner
for the nonconforming use for 180 consecutive days; or
3.
A structure
designed or arranged for a nonconforming use shall cease to be used
regardless of the intent of the owner, as a nonconforming use for
a period of 180 consecutive days.
B.
Intent
Not Required.
Legal abandonment shall be conclusively
deemed to have occurred irrespective of the intent of the property
owner if the nonconforming use was dilapidated, substandard, or was
not maintained in a suitable condition for occupancy during the time
periods set forth above.
4.1.10
CHANGES
THAT LESSEN NONCONFORMITY.
The Board of Adjustment may
grant a change to a more restrictive or less intensive nonconforming
use that lessens the extent of the original nonconformity.
4.1.11
AMORTIZATION.
The City Council may request that the Zoning Board of Adjustment
establish a compliance date for discontinuance of a nonconformity
in accordance with this Section.
In determining whether to initiate an amortization proceeding,
the Zoning Board of Adjustment may consider the character of the surrounding
area, the degree of incompatibility of the nonconformity to the zoning
district in which it is located, the effect of the nonconformity on
the surrounding area, the effect of cessation of the nonconformity
on the area, any other danger or nuisance to the public caused by
the nonconformity, and any other factors the Zoning Board of Adjustment
considers relevant. If the Zoning Board of Adjustment determines that
there is no public necessity for establishing a compliance date, the
Zoning Board of Adjustment shall notify the City Council of same.
The Zoning Board of Adjustment shall, in accordance with Section
211.019 of the Texas Local Government Code, as amended, utilize the
procedures and owner or lessee compensation criteria contained in
said Section in the event the City determines that a nonconforming
use of property shall cease.
(Ordinance 782-2020 adopted 6/18/20; Ordinance 819-2021 adopted 8/19/21; Ordinance 874-2023 adopted 9/21/2023)
