This appendix seeks to protect the public health, safety, and general welfare and avoid any unreasonable invasion of established private property rights. The elimination of existing buildings and structures, uses, or other characteristics that are not in conformance with the provisions of this appendix is as much a subject of health, safety and general welfare as is the prevention of the establishment of new uses that would violate the provisions of this appendix. Lawful nonconformities can adversely affect orderly development, maintenance, and use and taxable values throughout the city. To avoid undue hardship, nonconformities that came into existence lawfully should be allowed to exist subject to conditions in this Article; however, the conditions should seek to ultimately secure compliance with the comprehensive (master) plan and this appendix.

Structures that were legally constructed prior to the adoption of this appendix, but which could not be constructed under the terms of this appendix are considered legal nonconforming structures. A legal nonconforming structure may continue to exist subject to the following.

Except as hereinafter provided, any nonconforming structure may be occupied and operated as long as it is maintained in a state of good and safe repair.

A nonconforming structure, which is damaged or partially destroyed, may be restored to its previous building characteristics if completed within two years from the date of the event if the costs of restoration do not exceed 50% of the structure’s assessed value in the Bexar County tax records at the time the nonconforming structure was damaged. If the structure is not re-constructed within two years, all restorations and improvements shall be in compliance with applicable ordinances and the changes shall be limited to the structure itself. The burden of proof of date of damage or destruction shall be on the person proposing the restoration.

Use of land or structure that legally existed prior to the adoption of this appendix, but which could not be initiated under the terms of this appendix is considered a legal nonconforming use. A legal nonconforming use of land or structures may continue to exist subject to the following.

The use shall be restricted to the lot and structure occupied by the use as of the effective date of the ordinance creating the nonconformance. A legal nonconforming use shall not be extended to any other structure or lot or part of a lot.

A lawful nonconforming use that ceases for any reason for a period of more than 180 consecutive days shall not be reinitiated. Intent to resume active operation of a nonconforming use shall not be considered in determining continuity of use. If a legal nonconforming use is replaced by a conforming use, the legal nonconforming use shall not be reinitiated. The burden of proof of date(s) or cessation of activities shall be on the person proposing the reinitiation of the nonconforming use.

Any site characteristic of a use, whether conforming to this appendix or a legal nonconforming use in existence prior to adoption of this appendix (such as parking, landscaping or driveways) shall be considered legal. However, any change in use, expansion of the use or expansion of the structure associated with the use shall require all nonconforming site characteristics to be brought in conformance with this appendix.

A change of a legal nonconforming use shall only be allowed if the change is to a conforming use or to a use that is considered less nonconforming, as determined by the City Administrator or designee, either in extent of nonconformance or in intensity.

A “nonconforming lot” means any lot which fails to meet the requirements for area or width, or both, generally applicable in the district because of a change in the applicable zoning district regulations, annexation, condemnation of a portion of the lot, or other governmental action. The provisions of this section do not require the replatting or combination of platted lots under common ownership which are protected by state vested rights law.

Where a lot, tract or parcel of land has an area or dimensions that do not conform to the requirements of the zoning district in which it is located, the lot may be used for a detached single-family dwelling, provided that the zoning district allows detached single-family dwellings, has access to a public sewer, and has a minimum area of 4,000 square feet and a minimum lot width at the building line of 40 feet. Use of a nonconforming lot shall be subject to the approval of the Board of Adjustment.

Yard requirements may be modified subject to Board of Adjustment approval.

In the interest of public safety and health, routine maintenance of nonconforming building, structure or lot shall continue as warranted by the property owner or as otherwise required by law, provided that no maintenance may involve expansion, alteration or modification of the nonconformity contrary to this article.

The presence of a nonconforming use in a zoning district shall not be allowable as grounds for the granting of variances for other surrounding properties by the Board of Adjustment.