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Anna City Zoning Code

Division 6

Nonconformities

§ 9.04.054 Purpose.

This division governs uses, buildings, structures, lots, and other situations that came into existence legally prior to the effective date of this zoning ordinance or the effective date of future amendments to this zoning ordinance, but do not comply with or conform to one or more requirements of this zoning ordinance. All such situations are collectively referred to as "nonconformities."
(Ordinance 1068-2023-08 adopted 8/22/2023)

§ 9.04.055 General policy.

While existing legal nonconformities may continue, this division is designed to curtail substantial investment in nonconformities to bring about their eventual improvement or elimination to preserve the integrity of this zoning ordinance and the character of the city. Any existing legal nonconformity or site condition that becomes nonconforming because of any subsequent rezoning or amendment to this text of this zoning ordinance may be continued or maintained only pursuant to this division. Also, this division intends to reduce vacancies, promote appropriate redevelopment and re-use of existing structures and lots, and establish requirements.
(Ordinance 1068-2023-08 adopted 8/22/2023)

§ 9.04.056 Applicability.

(a) 
This division applies to any nonconformity. A "nonconformity" means any of the following on the effective date:
(1) 
Nonconforming use (section 9.04.058),
(2) 
Nonconforming structure (section 9.04.059),
(3) 
Nonconforming lot (section 9.04.060), or
(4) 
Nonconforming site features (section 9.04.061).
(b) 
For the purpose of this division, the "effective date" means the effective date of this zoning ordinance or any amendment to this zoning ordinance that creates a nonconformity.
(Ordinance 1068-2023-08 adopted 8/22/2023)

§ 9.04.057 Generally.

(a) 
Continuation of nonconformities.
Except provided below, the lawful use of a building or structure existing at the time of the adoption of this zoning ordinance may continue, even if the existing use, building, or structure does not conform to the provisions of this zoning ordinance for the district where it is located.
(b) 
Removal of building or structure.
If a nonconforming use, building, or structure is removed from a lot, the nonconformity terminates. Any use, building, or structure established or constructed after that time shall comply with the provisions of this zoning ordinance in effect at that time.
(c) 
Replacing damaged buildings or structures.
(1) 
If a nonconforming building or structure is destroyed by fire, the elements, or other cause, it may not be rebuilt except to conform to the provisions of the zoning ordinance.
(2) 
In the case of partial destruction of a nonconforming building or structure not exceeding 75% of its reasonable value, reconstruction will be permitted by size and function, and cannot be expanded.
(3) 
A nonconforming building or structure or group of nonconforming buildings or structures that is damaged by fire, flood, explosion, earthquake, war, or riot, may be reconstructed or replaced subject to this division and erected as before if:
(A) 
The application for a permit is submitted within 12 months of the disaster;
(B) 
The restored or reconstructed building or structure does not exceed the square footage of the area as it existed before the disaster; and
(C) 
The building or structure meets the city's building code.
(d) 
Public services.
Pursuant to Texas Local Government Code § 211.013(b), this division does not require the removal or destruction of property that exists as of the effective date that is actually and necessarily used in a public service business. A "public service business" means a public utility or a business of like character.
(e) 
Annexation.
The use of land after the city annexes territory is subject to Texas Local Government Code § 43.002.
(f) 
Applications.
The city will not process applications if there is a nonconformity, unless:
(1) 
The application brings the property into conformity with this zoning ordinance; or
(2) 
The application is otherwise permitted by this zoning ordinance.
(Ordinance 1068-2023-08 adopted 8/22/2023)

§ 9.04.058 Nonconforming use.

(a) 
Applicability.
This section applies to any "nonconforming use," defined as a use that lawfully occupies a building or land on the effective date and that:
(1) 
Is no longer permitted in the applicable zoning district, or
(2) 
Would require a specific use permit in the applicable zoning district.
(b) 
Generally.
No existing building, structure, or premises devoted to a use not permitted by this zoning ordinance shall be enlarged or structurally altered unless required by law or court order, except as provided below.
(c) 
Discontinuance of use.
A building, structure, lot, or parcel where a nonconforming use is discontinued for at least one year, regardless of the intent of the owner or occupant of the premises, may not be occupied by a nonconforming use after that time.
(d) 
Change in nonconforming uses.
(1) 
A nonconforming use may change to a conforming use. After a nonconforming use changes to a conforming use, it may not change back to a nonconforming use.
(2) 
A nonconforming use conducted in a structure may change to another use within the same definition if it is not relocated or expanded.
(3) 
A nonconforming use not conducted in a structure, or one in which a structure is incidental to the use of the land, shall not change to any other nonconforming use.
(4) 
A nonconforming use of any classification shall not be added where there is already an existing nonconforming use.
(e) 
Expansion or enlargement of nonconforming uses.
A nonconforming use may be extended only within the premises on which the nonconforming use was located on the effective date. "Premises" means the building where the use occurs and the accessory buildings, appurtenances, driveways, parking, and loading spaces.
(Ordinance 1068-2023-08 adopted 8/22/2023)

§ 9.04.059 Nonconforming structures.

(a) 
Applicability.
This section applies to any "nonconforming structure." A "nonconforming structure" means a building or structure that:
(1) 
Lawfully exists on the effective date of this zoning ordinance or any amendment to this zoning ordinance that would cause the building or structure not to comply with this zoning ordinance; and
(2) 
Does not conform to all of the regulations of the zoning district in which it is located.
(b) 
Continuance of nonconforming structures.
Except as provided below, any nonconforming structure may be occupied and operated if maintained in a state of good repair.
(c) 
Expansion.
(1) 
A nonconforming structure on a lot may expand one time by as much as 25% of the building's square footage if:
(A) 
The expansion does not encroach into required setbacks;
(B) 
Paved parking, sidewalks, and landscaping, as required by this zoning ordinance, are provided; and
(C) 
The nonconforming building or structure is screened and buffered from adjacent uses and zones as determined by section 9.04.045.
(2) 
The expansion is allowed only if authorized by the director.
(3) 
The expansion shall conform to all zoning district and development standards of this zoning ordinance and shall not create a new nonconformity.
(Ordinance 1068-2023-08 adopted 8/22/2023)

§ 9.04.060 Nonconforming lots.

(a) 
Applicability.
This section applies to any nonconforming lot. A "nonconforming lot" is a lot of record that, on the effective date of this zoning ordinance or any ordinance that establishes a minimum or maximum lot area, frontage, or lot width, is:
(1) 
Not in compliance with the minimum or maximum lot area, frontage, or lot width; and
(2) 
Lawfully existing and of record; and
(3) 
Held in separate and different ownership from any lot immediately adjoining and having continuous frontage.
(b) 
New construction.
In all districts, a nonconforming lot may be used as the building site for any use permitted in that district. No newly created or platted lot shall result in a nonconforming lot.
(Ordinance 1068-2023-08 adopted 8/22/2023)

§ 9.04.061 Nonconforming site features.

(a) 
Applicability.
This section applies to any nonconforming site features.
(1) 
A "nonconforming site feature" is a situation that occurs when, on the effective date:
(A) 
An existing site feature on a lot (including but not limited to parking areas, sidewalks, and landscaping) that was in compliance with the standards at the time of its establishment but that no longer conforms to the applicable regulations of this zoning ordinance, or
(B) 
The lot does not include site features required by this zoning ordinance for any existing use, building, or structure on the lot.
(b) 
Generally.
On lots with nonconforming site improvements, each section in division 4 establishes when compliance is required, unless:
(1) 
The nonconforming site improvements are brought into complete conformity with the regulations applicable to the use, building, structure, or zoning district; or
(2) 
The activity is authorized by the planning and zoning commission.
(c) 
Nonconforming site approval.
When an addition to, or repairs or alterations to, any structure or site improvement is proposed on a lot with a nonconforming site improvement, the planning and zoning commission may approve a site plan (see division 5) allowing the addition, repairs, or renovation if:
(1) 
Compliance with the site improvement requirements applicable to the zoning district in which the property is located is not reasonably possible. Mere financial hardship does not constitute grounds for finding that compliance with the site improvement requirements is not reasonably possible; and
(2) 
The property can be developed as proposed without any significant adverse impact on surrounding properties or the public health or safety; and
(3) 
If needed, the owner commits to other site design measures to reduce negative impacts associated with the nonconformity or to accomplish the purpose of the required site improvement.
(Ordinance 1068-2023-08 adopted 8/22/2023)