1. 1.
   No Expansion. Ensure that nonconforming uses do not expand;
2. 2.
   Protection. Protect conforming uses from nuisances that may be associated with nonconformities; 
3. 3.
   Curtail Investment. Curtail substantial investment in nonconformities that are contrary to the purpose of this ULDC or the Zoning Map;
4. 4.
   Elimination. Eliminate substantially damaged or abandoned nonconformities whose degrees of incompatibility with adjacent lands uses are high; and 
5. 5.
   Balance. Balance the City's objective to eliminate nonconformities with a landowner’s right to maintain and make use of a nonconformity. 

Application. This Article shall apply to uses, structures, lots, and signs that were lawfully constructed or established on a land site or in a structure before the effective date of this ULDC.

1. 1.
   Nonconforming Use. A land use that does not comply with Division 2.3, Use Standards;
2. 2.
   Nonconforming Structure. A structure that does not conform with the applicable dimensional standards in Article 2, Zoning Districts and Dimensional Standards;
3. 3.

   Nonconforming Sign. A sign that fails to meet the applicable requirements of Division 3.6, Signs;

4. 4.
   Nonconforming Lot of Record.  A lot, not held in common with any other lot, that does not meet the area or other dimensional requirements established in Article 2, Zoning Districts and Dimensional Standards; and
5. 5.
   Nonconforming Site Elements. The following features in a development are nonconforming site elements that do not meet the standards of Article 3, Development Standards:

   1. a.
      Building and Site Design;
   2. b.
      Parking, loading, stacking areas, or access;
   3. c.
      Development landscaping or bufferyards; and
   4. d.
      Outdoor lighting.

1. 1.
   Maintenance. Routine maintenance of a nonconforming structure or sign, or of a conforming structure containing a nonconforming use, is permitted, including necessary non-structural repairs, painting, change in message on a sign, and incidental alterations that do not extend or intensify the nonconforming uses or the life of the nonconforming structures.
2. 2.
   Alterations.

   1. a.
      No structural alteration shall be made to any nonconforming structure or sign or to a structure containing a nonconforming use except if:

      1. i.
         The alteration is required by law; 
      2. ii.
         The alteration will result in eliminating the nonconforming use, structure, or sign; or
      3. iii.
         The alteration will not maintain or increase the degree of nonconformity.
   2. b.
      For example, regarding paragraph a.iii, above, if a structure is set back three feet from a property line and this ULDC requires five feet, then no portion of an addition shall come closer to the property line than the minimum required five feet.

1. 1.
   Generally. The following shall apply to all nonconforming uses: 

   1. a.
      A nonconforming use shall not be changed to another nonconforming use;
   2. b.
      If a nonconforming use is changed to a conforming use, the nonconforming use shall not be resumed; or
   3. 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.
   4. d.
      Discontinuance of a major nonconforming use for a period of 12 consecutive months constitutes abandonment of the use, regardless of the owner’s intent. A nonconforming use shall not be re-established on the property after it is abandoned unless the City Council approves a Zoning Map Amendment in accordance with Sec. 7.43 that makes the prior use conforming or the property owner converts the nonconforming use to a conforming use in accordance with Sec. 8.13, Conversion of Nonconformities.
   5. e.
      A nonconforming use shall not be expanded, enlarged, extended, increased, or moved to occupy an area of land or building that was not used or occupied on the effective date of this ULDC or any amendment that made the use nonconforming.
   6. f.
      No new parking is constructed, and the new use meets the required number of parking spaces determined by the available existing parking spaces.
   7. g.
      No structures containing a nonconforming use shall be enlarged unless the nonconforming use is permanently discontinued.
   8. h.
      Occupy any open space or landscaped area that is required by this ULDC;
   9. i.
      Exceed pervious cover, intensity, or height limitations of the zoning district in which the use is located;
   10. j.
       Occupy any land beyond the boundaries of the property as it existed on the effective date of this ULDC; or
   11. k.
       Displace any conforming use in the same building or on the same property.

1. 1.
   Generally. Where a lawful structure exists that could not be built under the provisions of this ULDC such structure may be continued so long as it remains otherwise lawful, subject to the following:

   1. a.
      Increase in Nonconformity Prohibited. No such structure may be enlarged or altered in any way which increases its nonconformity. 
   2. b.
      Movement of Structure. Should any on-site structure be moved for any reason or for any distance, it shall thereafter conform to the regulations for the district in which it is located after it is moved.
   3. c.
      Minimum Floor Area. A residential dwelling unit having a lesser floor area at the time of the passage of this ULDC than the minimum floor area required for the district in which it is located shall not be construed to be nonconforming.
2. 2.
   Repairs and Alterations. Routine maintenance, including necessary non-structural repairs, paint, finish, and incidental alterations to a nonconforming structure is allowed without having to bring the nonconformity into compliance. 
3. 3.
   Damage or Destruction. If a nonconforming structure is damaged or partially destroyed by any means, the structure may be restored to its original dimensions provided that: 

   1. a.
      Percentage. The damage or destruction does not exceed 50 percent of the gross floor area (GFA) of the structure;
   2. b.
      Permit. A Building Permit is obtained for repairs within six months of the date the building was damaged; 
   3. c.
      Construction. The construction is commenced within six months after obtaining the required permits and approvals; and
   4. d.
      No Increase. The original nonconformity is not enlarged or moved.
4. 4.
   Existing Nonconforming Structures in the Regulated Floodway. It is the intent of the City that no permanent buildings or structures be located or substantially improved in the regulated floodway, except according to the standards in Article 5, Environmental Management, and that existing nonconforming structures shall be removed upon abandonment. As such, a property with an abandoned nonconforming structure in the regulated floodway shall not be eligible for any development review approval until the property owner removes the abandoned nonconforming structure. 

1. 1.
   Generally.

   1. a.
      Legal nonconforming signs shall be maintained in good condition pursuant to Sec. 3.67, Maintenance, Compliance, Violations, and Removal, and may continue until such sign is required to be removed as set forth in this Article. 
   2. b.
      A nonconforming sign shall immediately lose its nonconforming designation and must be brought into compliance with these regulations or be removed if: 

      1. 1.
         The sign is structurally altered or replaced, but not including the changing of a sign face when the sign is specifically designed for changeable sign faces or when a message is changed on a changeable copy sign or electronic message center unless explicitly allowed in this section;
      2. 2.
         The sign is relocated, except signs that are required to be moved by a governmental agency as stated in this section; 
      3. 3.
         The sign is a legally nonconforming temporary sign that is still in place more than one calendar year from the effective date of this ordinance;
      4. 4.
         The sign is damaged to an extent of greater than 50 percent of the estimated replacement value;
      5. 5.
         The sign is not repaired within 60 days after it is damaged or such sooner period as may be required if the damage presents an immediate hazard; or
      6. 6.
         The sign creates a hazard to vehicular or pedestrian traffic, or to adjoining properties.
   3. c.
      Notwithstanding any other provision of this ordinance, any sign which is a legally existing nonconforming sign hereunder may be relocated on the same lot or tract of property upon which the sign is located in, when acquired by any governmental agency or other entity which has or could have acquired the property through the exercise of its power of eminent domain. Such relocated sign shall be placed, insofar as possible, as to comply with all the provisions of this ordinance.
   4. d.
      A nonconforming sign in the City may be relocated, reconstructed, or removed as provided by law including, but not limited to, Chapter 216 of the Texas Local Government Code as it exists or may be amended. 
   5. e.
      If a nonconforming sign is required to be relocated, reconstructed, or removed by the City, the Mayor shall appoint a municipal board in accordance with Section 216.004 of the Texas Local Government Code, as it exists or may be amended, to be known as the “Municipal Board on Sign Control for Nonconforming Signs”. Once appointed, Board members shall serve for two-year terms unless they are removed by the Mayor, they resign, they fail to qualify to serve, or are otherwise removed. 
2. 2.

   Conversion of Nonconforming Signs to an Electronic Message Center. 

   1. a.

      For the purposes of encouraging the reduction and removal of legally nonconforming signs, this ordinance allows for the conversion of legally nonconforming signs to electronic message centers subject to the requirements of this section. 

   2. b.

      In order to convert legally nonconforming signs to an electronic message center, the applicant must demonstrate that there will be a total reduction in sign area of legally nonconforming signs of a ratio of four to one. For example, if a legally nonconforming signs is currently 200 square feet, the sign may be replaced by a 50 square foot electronic message center.

   3. c.

      In no case shall an electronic message center installed pursuant to this section have a sign area larger or sign height taller than the legally nonconforming sign it is replacing or, if multiple signs are used, the electronic message center shall not have a sign area larger or sign height taller than the smallest of legally nonconforming signs the electronic message center is replacing.

   4. d.

      Any conversion of legally nonconforming signs shall take place on a pre-existing sign structure (sign face and cabinet may be replaced). The Planning Director may authorize the replacement of the sign support structure if necessary to support the electronic message center. In no case may a new electronic message center be constructed in a new location in fulfillment of this section.

   5. e.
      If legally nonconforming signs are converted to an electronic message center, then such signs shall be subject to the electronic message center standards of Sec. 3.64.B.4. 

1. 1.
   Continuance. The nonconforming lot may be used for any use allowed by the zoning district in which it is located, if:

   1. a.
      Access to Street.  The lot has direct access to an existing improved public or private street or alley;
   2. b.
      Contiguous Properties. The lot is in separate ownership from all adjacent and contiguous parcels, therefore preventing acquisition of the additional land area needed to comply with the standards that would normally apply to the creation of the lot (for example, minimum area and width); and,
   3. c.
      Other Standards.  Development on the lot complies with applicable standards of this ULDC (other than lot area and/or width).
2. 2.
   Creation of Nonconforming Lots Prohibited. The subdivision of any land may not result in a lot area or dimension that does not meet the minimum standards of this ULDC.

1. 1.
   Compliance.  If a structure or use is expanded, enlarged, or extended, nonconforming site features shall comply with the standards of this ULDC based on the requirements of Table 3.12-1, Building and Site Design Applicability.
2. 2.
   Continuance.  Nonconforming site elements may continue if there is no site expansion, enlargement, or extension.

1. 1.
   Procedure. An owner of a nonconforming use or nonconforming structure may apply for a Special Use Permit pursuant to Sec. 7.44, Special Use Permit, which has the effect of making the nonconforming use or structure conforming. The criteria for special use approval are set out in Subsection 3 below.
2. 2.
   Exclusions. This procedure does not apply to nonconforming lots, which may be buildable in accordance with the standards for nonconforming lots set out in Sec. 8.12.D, Nonconforming Lots of Record.
3. 3.
   Criteria for Approval.  A Special Use Permit approval may be granted to make a nonconforming structure or use conforming, if, in addition to the criteria for approval of a special use permit set out in Sec. 7.44, Special Use Permit, and Sec. 2.34, Special Use Standards, all of the criteria of this Section are satisfied.

   1. a.
      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:

      1. i.
         The neighborhood residents regularly patronize or are employed at said use (for nonresidential uses in or abutting residential neighborhoods);
      2. ii.
         Management practices eliminate nuisances such as noise, light, waste materials, unreasonably congested on-street parking, or similar conflicts;
      3. iii.
         There is no material history of complaints about the use or structure (a history of complaints is justification for denying the special use permit, unless the conditions of the permit will eliminate the sources of the complaints); or
      4. iv.
         The use or structure has been maintained in good condition and its classification as a nonconformity would be a disincentive for such maintenance.
      5. v.
         The Variance credits proposed to be met for the Board of Adjustment or Planning Director shall not be the same standards already approved to support a Variance granted on the same property.
      6. vi.
         Such credits may be approved by the Board of Adjustment or Planning Director as part of the application for Variance and staff may deny any subsequent Building Permit if the applicant fails to comply with the Variance conditions set by the Board of Adjustment.
   2. b.
      Conditions. The Board of Adjustment may impose conditions 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 or structure, the use or structure will not become a nuisance. Such conditions may relate to the lot, buildings, structures, or operation of the use. 

1. 1.
   Written Approval. Special Use Permit approvals shall be provided to the applicant in writing and may be recorded by the applicant at the applicant's expense.
2. 2.
   Annotation of Official Zoning Map. Upon granting a Special Use Permit and the applicant's demonstration of compliance with any conditions placed upon it, the Administrator shall annotate the Official Zoning Map indicating that the property has a Special Use Permit, as well as the permit number and date of approval.