(A) 
Within the districts established by Chapter 154 or amendments thereto, there may exist lots, 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 lots, 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 section and other applicable sections of the chapter are met.
(B) 
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, except as otherwise provided herein.
(C) 
Nonconforming uses are hereby declared to be incompatible with the permitted uses in the districts involved.
(D) 
Other than in the case of a fire or natural disaster in Districts I and III, the owner of a manufactured home may remove the manufactured home from the property and place another manufactured home on the same property, provided that new manufactured home is at least 600 square feet minimum, or 800 square feet minimum if the property is lakefront. Refer to § 154.008 DEFINITIONS for LAKEFRONT. If a manufactured home is removed in District II, it shall be replaced with a brick or wood home as specified in this chapter.
(Ordinance 2011-27(f) adopted 11/12/15; Ordinance 2023-8 adopted 6/15/2023)
(A) 
Any use, platted lot, or structure which does not conform with the regulations of this chapter on the effective date hereof or any amendment hereto, except as expressly provided in sec. 152.003, shall be deemed a nonconforming use, lot, or structure provided that:
(1) 
Such use, platted lot, or structure was in lawful existence prior to this chapter; or
(2) 
Such use, platted lot, or structure was in existence at the time of annexation to 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, or structure which does not conform with the regulations of the zoning district in which it is located on the effective date of this chapter or any amendment thereto, and except as provided in sec. 152.003, 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, or structure.
(Ordinance 2011-27(f) adopted 11/12/15)
(A) 
A nonconforming use or structure may continue to be used, operated, or occupied in accordance with the terms of the regulations by which it was established, or in the case of annexed property, in accordance with the regulations under which it was annexed.
(B) 
A nonconforming structure occupied by a nonconforming use shall be re-occupied by a conforming use, following abandonment of the nonconforming use or change in ownership of property.
(Ordinance 2011-27(f) adopted 11/12/15)
(A) 
If a nonconforming use is abandoned, any future use of the premises shall be in conformity with the provisions of this chapter, as amended, prior to the time the use was abandoned.
(B) 
A nonconforming use shall be deemed abandoned in the following circumstances:
(1) 
The use ceases to operate for a continuous period of six months;
(2) 
Where the use occupies a structure, the structure remains vacant for a continuous period of six months;
(3) 
In the case of a temporary use, the use is moved from the premises; or
(4) 
Property was sold due to delinquent taxes owed or non-payment of a loan.
(Ordinance 2011-27(f) adopted 11/12/15)
(A) 
A nonconforming use shall not be changed to another nonconforming use.
(B) 
A nonconforming use may be changed to a conforming use; provided that, 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.
(Ordinance 2011-27(f) adopted 11/12/15)
(A) 
A nonconforming use may be extended throughout the structure in which it is located, provided that:
(1) 
No alteration shall be made to the structure occupied by the nonconforming use, except those required by law to preserve the integrity of the structure; and
(2) 
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 shall not be enlarged, increased, or extended to occupy a greater area of land than was occupied at the time the use became nonconforming, except to provide additional off-street parking or loading areas required by Chapter 154.
(Ordinance 2011-27(f) adopted 11/12/15)
(A) 
If more than 50% of the total appraised value of a nonconforming structure, as determined from the records of the County Appraisal District, has been destroyed, it may be rebuilt only in conformity with the standards of this chapter.
(B) 
If less than 50% of the total appraised value of a nonconforming structure is destroyed, it may be reconstructed to its original dimensions.
(C) 
If a nonconforming structure that is totally or partially destroyed was occupied by a nonconforming use, the nonconforming use may be re-established subject to the limitations on expansion set forth in this section.
(Ordinance 2011-27(f) adopted 11/12/15)
Nothing contained in this subchapter is intended to alter any rights that may have accrued to proceed under prior regulations, pursuant to Tex. Local Government Code, sec. 43.002 or secs. 245.001 through 245.006.
(Ordinance 2011-27(f) adopted 11/12/15)