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Aledo City Zoning Code

CHAPTER 13

NONCONFORMING USES

10-13-1: CONTINUATION:

Any lawful building or structure or lawful use of a building, structure or land existing at the time of the passage hereof, or of a later amendment which does not conform to the regulations of the district in which it is located or to other provisions of this title shall be known as nonconforming, and may remain and the use thereof be continued as hereinafter provided. (Ord. 8/53, 1-18-1954)

10-13-2: EXPANSION:

A nonconforming use may be extended throughout the building provided no structural alterations are made therein, except those required by law or ordinance or such as may be required for safety, or such as may be necessary to secure or ensure the continued advantageous use of the building during its natural life, or the erection of its full height as originally planned of a building with foundations and structural members designed to carry a higher building. A nonconforming use of land shall not be expanded beyond the area actually so used at the time of the passage of this title or of a later amendment creating the nonconformance. (Ord. 8/53, 1-18-1954)

10-13-3: DISCONTINUANCE:

Any nonconforming use of a building, structure or land which is discontinued for a period of one year or more shall not be continued again, and any future use thereof shall be in conformity with the provisions of this title. (Ord. 8/53, 1-18-1954)

10-13-4: DESTRUCTION OR DAMAGE:

Any building or structure devoted to a nonconforming use which may be destroyed by fire or otherwise to the extent of fifty percent (50%) or more of its value shall not be repaired or rebuilt, nor shall another building be erected on the premises except in conformity with the provisions of this title. (Ord. 8/53, 1-18-1954)

10-13-5: CHANGES:

A nonconforming use may be changed to a more restrictive use or to a conforming use, but such use shall not thereafter be changed to a less restrictive use. For purposes of interpreting this section the various districts shall be considered as listed below in order from the most restrictive to the least restrictive classification.
 
R-1
Residential district
R-2
Residential district
R-3
Residential district
B-1
Commercial district
B-2
Commercial district
C
Industrial (light industry) district
D
Industrial (heavy industry) district
 
A nonconforming use may be changed to another use normally permitted in the same district as the initial use only upon written consent of eighty percent (80%) of the property owners within three hundred feet (300'). (Ord. 18/2012, 9-4-2012)

10-13-6: REPAIRS:

So long as a building, structure, advertising sign or billboard is used or is eligible for use in a nonconforming manner, only ordinary repairs and maintenance, including replacement of roof covering, shall be permitted. In no case shall such repairs include structural alterations veneering of the outer walls or other work which will extend appreciably the normal life of the building, structure, advertising sign or billboard. (Ord. 8/53, 1-18-1954)

10-13-7: RECORDS:

The enforcing officer shall make and keep a record, including photographs, of all buildings, structures, and land uses which do not conform to the use regulations of the districts in which they are located. (Ord. 8/53, 1-18-1954)