(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.
(B) 
Conformity.
Any nonconforming use of land or structure may not be enlarged, changed, altered, or repaired except in conformity with the regulations within this Chapter 2, Article 7.
(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.
(D) 
Prior to the adoption of this subsection (D), the City Council previously established legally conforming land uses that were allowed in certain zoning districts subject to the terms and conditions of this GDC. In some instances, the City Council may determine that amendments and updates to zoning regulations are necessary to remain consistent with the purposes established by Section 1.05 of this GDC, while determining it is in the best interest of the city, public, and individual property owners to treat the existing operation of certain land uses as legal conforming uses despite that particular use no longer being expressly allowed, or otherwise limited, due to amendments to this GDC. The City Council may in such cases, by expressly referencing this Section 2.74(D) in a zoning ordinance amendment, allow for a particular land use that is lawfully existing (but, excluding lawful nonconforming uses) to be treated as a legal conforming use for all purposes, until such time the use is abandoned for a period greater than 180 days.
(Ordinance 6773 adopted 5/19/15; Ordinance 7574 adopted 3/18/2025)
(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:
(1) 
Any vacant lot that conformed to the City’s zoning district regulations at the time that it was platted; or
(2) 
Any lot occupied by a single-family dwelling authorized under the zoning district regulations in which the lot 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.
(1) 
Once a nonconforming use is changed to a conforming use, the use may not thereafter be changed back to a nonconforming use.
(2) 
A conforming use located in a nonconforming structure may not be changed to a nonconforming 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)