A. 
Generally.
This Article sets out the standards for when a nonconformity must be terminated or removed, and when it is allowed to be restored after temporary cessation, damage or destruction.
B. 
Unlawful Uses, Buildings, Structures, or Signs.
1. 
This Article does not authorize or legitimize uses, buildings, structures, or signs that were not legally established or constructed. Such uses, buildings, structures, or signs are not “legally nonconforming,” but instead remain “unlawful,” and are subject to all of the provisions of this UDC (including enforcement provisions) and any other applicable law. Likewise, this Article does not legitimize unlawful subdivisions of property that may have occurred before the effective date of this UDC.
2. 
Any use, building, structure and/or parcel of land which was used, erected or maintained in violation of any previous zoning regulations shall not be considered as a legal, nonconforming use, building, structure, and/or parcel, and shall be required to comply with all provisions of this UDC.
C. 
Effect on Existing Development Entitlements.
Nothing in this UDC shall be interpreted to require a change in plans, construction, or designated use of any building or structure in which a building permit was lawfully issued prior to the effective date of adoption or amendment of this UDC, provided construction was commenced within 60 days after obtaining said building permit and diligently completed.
D. 
Nonconformities Created by Public Action.
Any nonconforming building or structure or land expressly created or caused by a conveyance of privately owned land to a federal, state or local government to serve a public purpose is conforming for the purposes of this UDC, and is not subject to the limitations of this Article. This exemption applies only in cases where private land is obtained by a governmental entity for a public purpose, through condemnation, threat of condemnation or otherwise, which creates a nonconformity in the remainder parcel in terms of setback, lot size, or other applicable standards of this UDC. This exemption does not apply to right-of-way dedication or other public conveyances of land required by the City in the course of subdivision or other routine site plan approvals.
(Ordinance 2015-30 adopted 10/30/15)
A. 
Generally.
A nonconforming use is a use of land that was lawfully established (i.e., it was allowed and issued a permit, if a permit was required at the time the use was established) on a parcel or lot before the effective date of this UDC, that is no longer allowed after the effective date of this UDC. Amendments to this UDC may also make uses nonconforming. The following uses are legally nonconforming uses:
1. 
Uses that were lawfully established but are not currently listed as permitted, limited, conditional, or temporary uses in the zoning district in Division 2.100, Permitted, Limited, Conditional, Temporary, and Prohibited Uses.
2. 
Uses that are listed as “Limited Uses” in the zoning district in Division 2.100, Permitted, Limited, Conditional, Temporary, and Prohibited Uses, but were lawfully established without valid permit (issued in conformance with the additional limited use standards) and do not comply with the applicable standards of Division 2.200, Limited and Conditional Use Standards.
3. 
Uses that are listed as “Conditional Uses” in the zoning district in Division 2.100, Permitted, Limited, Conditional, Temporary, and Prohibited Uses, but were lawfully established without a conditional use permit. For these uses, the nonconforming use status may be removed by obtaining a conditional use permit.
4. 
Uses that were lawfully established within a floodplain or floodway, but are no longer permitted in the floodplain or floodway.
B. 
Classifications of Nonconforming Uses.
There are two types of nonconforming uses: major nonconforming uses and minor nonconforming uses. The classification of the nonconforming use affects whether it can be converted to a conforming use.
1. 
Major Nonconforming Uses.
Major nonconforming uses are those uses for which the nonconformity generates a nuisance per se or represents such incompatibility with abutting uses and/or the Cuero Comprehensive Plan that public policy favors their elimination from the zoning district if they are discontinued, abandoned, or destroyed. Major nonconforming uses are:
a. 
Mobile homes.
2. 
Minor Nonconforming Uses.
All nonconforming uses that are not classified as major nonconforming uses are minor nonconforming uses. Such uses may be converted to conforming uses as provided in Section 12.109, Conversion of Nonconformities.
C. 
Standards.
1. 
All Nonconforming Uses.
a. 
A nonconforming use shall not be changed to another nonconforming use.
b. 
If a nonconforming use is changed to a conforming use, the nonconforming use shall not be resumed.
c. 
If the use of only a portion of a building or property is changed from a nonconforming use to a conforming use, then the use of that portion of the building or property shall not be changed back to the nonconforming use.
2. 
Major Nonconforming Uses.
a. 
If a major nonconforming use is discontinued for a period of six months, for any reason, it shall not be resumed.
b. 
Major nonconforming uses shall not be expanded, enlarged, extended, increased, or moved to occupy an area of land or building that was not occupied on the effective date of this UDC or any amendment that made the use a major nonconforming use.
3. 
Minor Nonconforming Uses.
a. 
If a minor nonconforming use is discontinued for a period of six months, for any reason, it shall not be resumed. However, if an application for conversion of the use is filed pursuant to Section 12.109, Conversion of Nonconformities, before the end of the six-month period, the use may be resumed as a conforming use after the period expires if the application is granted.
b. 
No minor nonconforming use shall be expanded or extended in such a way as to:
i. 
Occupy any open space or landscaped area that is required by this UDC;
ii. 
Exceed building coverage, intensity, or height limitations of the zoning district in which the use is located;
iii. 
Occupy any land beyond the boundaries of the property or lot as it existed on the effective date of this UDC; or
iv. 
Displace any conforming use in the same building or on the same parcel.
(Ordinance 2015-30 adopted 10/30/15)
A. 
Generally.
A building or structure is classified as nonconforming if it was lawfully constructed prior to the effective date of this UDC (or amendment hereto) and does not conform to the height, yard, building coverage, density, intensity, building scale, or design standards that are applicable to the same type of building or structure in the district in which the building or structure is located.
B. 
Standards.
1. 
If a nonconforming building or structure or nonconforming element thereof is damaged or destroyed by any means, or is declared unsafe by the Building Official to an extent that repairs would exceed more than 50 percent of the replacement cost of the building or structure or damaged nonconforming element, the building or structure shall be reconstructed in conformity with the provisions of this UDC.
2. 
If the reconstruction cost and/or area of reconstruction (whichever is less) is less than or equal to 50 percent of the cost of replacement or area of the building or structure, respectively, then the building or structure may be strengthened or restored to a safe condition provided that:
a. 
The original nonconformity is not enlarged, increased, or extended;
b. 
Building permits are obtained for repairs within 12 months of the date the building was damaged or, if no date can be reasonably established for the damage, the date that the Building Official determines that the building is unsafe; and
c. 
The construction is commenced within 12 months after obtaining the required building permits.
3. 
Routine maintenance of nonconforming buildings and structures is permitted, including necessary nonstructural repairs, paint, and incidental alterations which do not extend or intensify the nonconforming buildings or structures or materially extend their life. This standard also applies to buildings or structures that are used by nonconforming uses if they are designed in a way that is not suitable for re-use as a conforming use (if the building is conforming and could be re-used for a conforming use, there is no limitation on its maintenance).
4. 
Structural alterations to nonconforming buildings or structures are permitted only if it is demonstrated that the alteration will eliminate the nonconformity or reduce it in accordance with the standards of this Section.
5. 
No building or structure that contains a major nonconforming use shall be enlarged unless the major nonconforming use is permanently discontinued.
C. 
Standards for Existing Buildings or Structures in the Floodplain.
It is the intent of the City that no permanent buildings or structures be located or substantially improved in the floodplain, except according to the standards in Division 6.200, Floodplain Management and Flood Damage Prevention, and that existing legal nonconforming buildings or structures shall be removed upon abandonment, destruction, or substantial damage.
(Ordinance 2015-30 adopted 10/30/15)
A. 
Generally.
Any permanent sign located within the City limits on the effective date of this UDC that does not conform to the provisions of Article 9, Signs, is a “legal nonconforming” sign, provided it also meets the following requirements:
1. 
The sign was approved by a sign permit on the effective date of this UDC, or amendment hereto, if a permit was required under applicable law; or
2. 
If no sign permit was required under applicable law for the sign in question, the sign:
a. 
Was in all respects in conformity with the applicable law (or there was no applicable law) immediately prior to the effective date; or
b. 
Had legal nonconforming status at such time.
B. 
Standards.
1. 
A nonconforming sign which has been damaged by fire, wind or other cause in excess of 50 percent of its replacement cost shall not be restored except in conformance with this UDC.
2. 
If a nonconforming sign structure is does not display any message for a period of three months, it shall be removed or brought into conformance with this UDC.
3. 
If a nonconforming sign structure is removed for any reason other than routine repair and maintenance, it shall not be replaced unless the replacement sign conforms to this UDC.
4. 
Nonconforming signs that are a danger to the public safety due to damage or wear shall be removed and shall not be replaced unless the replacement sign conforms to this UDC.
5. 
Routine maintenance of nonconforming signs is permitted, including nonstructural repairs and paint (even if such repairs would materially extend the life of the sign), changes to the sign face or messages, and incidental alterations that do not increase the nonconformity or sign area. Structural repairs or changes are not allowed. If the sign requires structural repairs because it has been damaged, destroyed, or worn, it shall be removed as required by Article 9, Signs.
6. 
Structural alterations to nonconforming signs are permitted only if it is demonstrated that the alternative will eliminate the nonconformity or reduce it in accordance with this Section.
7. 
Temporary signs that are not in compliance with this UDC shall be removed as required by Article 9, Signs.
(Ordinance 2015-30 adopted 10/30/15)
A. 
Generally.
Nonconforming parking refers to parking spaces, parking drive aisles, and loading areas, and the required landscaping that normally is associated with it, that do not conform to the requirements that are set out in Article 5, Parking, Loading, Access, Circulation, and Lighting, or Article 7, Landscaping, Buffering, and Tree Protection, in terms of their number or dimensions.
B. 
Standards.
1. 
If an existing building or use is expanded, additional parking and landscaping shall be required only in proportion to the new area of the building or use.
2. 
If the use of a building changes, resulting in additional demand for parking, additional parking and associated landscaping shall be provided in an amount equal to the difference between the requirements of the former use (not the actual parking provided on-site) and the requirements for the new use, as set out in Division 5.100, Parking and Loading, and Article 7, Landscaping, Buffering, and Tree Protection. However, a permit for the new use may be denied if the available parking is less than 75 percent of the required parking.
3. 
If an existing building is redeveloped, parking shall be provided as required by Article 5, Parking, Loading, Access, Circulation, and Lighting, and Article 7, Landscaping, Buffering, and Tree Protection.
4. 
If a nonconforming use is required to be brought fully into compliance, then parking and landscaping shall also be brought into compliance.
(Ordinance 2015-30 adopted 10/30/15)
A. 
Generally.
Nonconforming lots are lots that were lawfully created before the effective date of this UDC or amendments hereto, but which no longer comply with the lot width, lot frontage, lot area, or access requirements of this UDC.
B. 
Exception.
All lots within NC or NT districts that were lawfully created before the effective date of this UDC are conforming, regardless of their dimensions.
C. 
Standards.
1. 
Combination of Lots to Increase Conformity.
a. 
Where a landowner owns several abutting lots that do not conform to the dimensional requirements of the zoning district in which they are located, they shall be combined to create fully conforming lots or, if full conformity is not possible, they shall be combined if the combination will increase the degree of conformity. See Figure 12.106, Combination of Nonconforming Lots.
b. 
The City will not require the combination of lots pursuant to paragraph C.1.a, above, if (see Figure 12.106, Combination of Nonconforming Lots):
i. 
The combination of lots would not address the nonconformity;
ii. 
The combination of lots would materially disrupt the lotting pattern of the street, for example, by creating a through lot mid-block on a street segment that does not include any other through lots;
iii. 
Two or more of the lots are developed with principal buildings, and the combination of lots would require that one or more of the buildings be torn down in order to comply with this UDC;
iv. 
The combination of lots would result in regularly shaped lots being combined into a single lot with an irregular shape; or
v. 
The lots are located in the NC or NT district (in which case they are not nonconforming).
Figure 12.106
Combination of Nonconforming Lots
2. 
Construction on Legal Lots That Do Not Conform to Dimensional Requirements.
A legal lot that does not meet zoning district requirements with respect to lot area or lot width may be built upon if:
a. 
The lot is a lot of record; and
b. 
The use is permitted in the zoning district in which the lot is located; and
c. 
The lot has sufficient frontage on a public street to provide access that is appropriate for the proposed use; and
d. 
All yards or height standards are complied with, except that the Building Official may authorize a reduction of required yards of up to 10 percent, provided that the Building Official finds that the reduction does not allow a building that would be larger than a building that would be permitted on the minimum conforming lot in the zoning district.
(Ordinance 2015-30 adopted 10/30/15)
A. 
Generally.
Manufactured homes that were existing on December 1, 2005 and located outside of an existing manufactured home park or subdivision, are allowed to be replaced in accordance with the following:
B. 
Standards.
1. 
Replacement.
a. 
Each manufactured home shall only be replaced one time with a newer model constructed no greater than five years from the date of the proposed replacement.
b. 
The replacement manufactured home shall be of equal size or greater than the manufactured home it is replacing and shall be installed in conformance with Section 10.103, Manufactured Home Unit Standards.
c. 
After a manufactured home is replaced, all additional replacements shall be with a stick-built home in conformance with the standards set out in this UDC.
2. 
Replacement Restrictions.
Lots which are eligible for a single manufactured home replacement, as specified by this Section, shall also be subject to the abandonment provisions set out for all nonconforming uses (see Section 12.102, Nonconforming Uses).
(Ordinance 2015-30 adopted 10/30/15)
A. 
Generally.
Any recreational vehicle park that was lawfully under construction or in licensed operation on July 7, 2011 that does not fully comply with the provisions set out in Section 4.204, Recreational Vehicle (RV) Parks, shall be considered a nonconforming grandfathered RV park until there is a change in ownership.
B. 
Standards.
Nonconforming recreational vehicle parks shall be made conforming upon a change of ownership of the property. The new property owner shall be issued a temporary license and given 90 days to bring the existing RV park into compliance with the requirements of Section 4.204, Recreational Vehicle (RV) Parks. The Building Official is authorized to grant extensions for work that may require more than 90 days. The extension shall be in writing and justifiable cause demonstrated. Change of ownership shall include a change from ownership of any person, firm or entity to any other person, firm or entity. Change of ownership shall not include an assignment to an entity formed by the original grandfathered owner.
(Ordinance 2015-30 adopted 10/30/15)
A. 
Purpose.
Many minor nonconforming uses have existed for a period of time, and some may have only recently become nonconforming. In many instances, minor nonconforming uses are integral parts of the City’s fabric, that is, its character and function, so their continuing existence promotes the City’s policy objective of protecting its neighborhoods. In these instances, the classification “nonconformity” and resulting restriction on investment may not be what the community desires. As such, the use may be made conforming pursuant to this Section in order to remove the potential stigma that may be associated with the “nonconforming” designation.
B. 
Procedure.
An owner of a minor nonconforming use may apply for a conditional use permit which has the effect of making the nonconforming use conforming. The criteria for conditional use approval are set out in subsection C. [D.], Criteria for Approval.
C. 
Exclusions.
This procedure does not apply to nonconforming lots, which may be buildable in accordance with the standards of Section 12.106, Nonconforming Lots.
D. 
Criteria for Approval.
A conditional use permit approval may be granted to make a nonconforming building, structure, use, or sign conforming, if, in addition to the criteria for approval of a conditional use permit set forth in Section 14.402, Conditional Use Permits, all of the criteria of this Section are satisfied.
1. 
Approval Criteria.
The use, as conducted and managed, has minimal nonconformities and has been integrated into the neighborhood’s (or zoning district’s if it is not in or adjacent to a residential neighborhood) function, as evidenced by the following demonstrations:
a. 
The neighborhood residents regularly patronize or are employed at said use (for nonresidential uses in or abutting residential neighborhoods).
b. 
Management practices eliminate nuisances such as noise, light, waste materials, unreasonably congested on-street parking, or similar conflicts.
c. 
There is no material history of complaints about the use (a history of complaints is justification for denying the conditional use permit, unless the conditions of the permit will eliminate the sources of the complaints).
d. 
The use has been maintained in good condition and its classification as a nonconformity would be a disincentive for such maintenance.
2. 
Conditions.
Conditions may be imposed relative to the expansion of bufferyards, landscaping and landscape areas, or other site design provisions, or other limitations necessary to ensure that, as a conforming use, the use will not become a nuisance. Such conditions may relate to the lot, buildings, structures, or operation of the use.
E. 
Effect and Annotation.
Uses that comply with the terms of a conditional use permit issued in accordance with this Section are converted from “legally nonconforming uses” to “conforming uses” by virtue of the issuance of the permit.
1. 
Written Approval.
Conditional use permit approvals shall be provided to the applicant in writing and may be recorded by the applicant at the applicant’s expense.
2. 
Annotation of Official Zoning Map.
Upon granting a conditional use permit and the applicant’s demonstration of compliance with any conditions placed upon it, the Building Official shall place an annotation on the official zoning map that states that the property has a conditional use permit, as well as the permit number and date of approval.
(Ordinance 2015-30 adopted 10/30/15)