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Bonham City Zoning Code

ARTICLE 16

NONCONFORMING USES

§ 16.01 Use of Existing Property.

Any use of property existing at the time of the passage of this ordinance that does not conform with the regulations prescribed in the preceding sections of this ordinance shall be deemed a nonconforming use.
(Ordinance 1059 adopted 11/11/2002; Ordinance 1076, sec. 1, adopted 7/14/2003)

§ 16.02 Continuing Lawful Use of Property.

The lawful use of land existing at the time of the passage of this ordinance, although such does not conform to the provisions thereof, may be continued; but if said nonconforming use is discontinued, any future use of said premises shall be in conformity with the provisions of this ordinance, provided, however, that where land is situated in any zoning district other than “HI” Heavy Industrial District, which land is now used for a use permitted only in an “HI” District and is not an accessory to the use of a main building located on the same lot or grounds, such nonconforming use of land shall be discontinued and all material completely removed by its owner not later than three (3) years from the date of the passage of this ordinance.
(Ordinance 1059 adopted 11/11/2002; Ordinance 1076, sec. 1, adopted 7/14/2003)

§ 16.03 Alteration of Existing Property.

The lawful use of the building at the time of the passage of this ordinance may be continued although such does not conform to the provisions hereof; and such use may be extended throughout the building provided that no structural alteration, except those required by law or ordinance, is made therein. If no structural alterations are made, a nonconforming use of the building may be changed to another nonconforming use of a more restricted classification. However, in the event a nonconforming use of a building is once changed to a nonconforming use of a higher or more restricted classification, it shall not later be reverted to the former lower or less restricted classification. If such nonconforming building is removed, every future use of the land or premises shall be in conformity with the provisions of this ordinance.
In the “HD” [HC] Heritage District overlay zone only, existing nonconforming uses may be structurally expanded within in this zone without a variance or zone change, provided that no additional land is acquired by the owner.
(Ordinance 1059 adopted 11/11/2002; Ordinance 1076, sec. 1, adopted 7/14/2003)

§ 16.04 Regulation of Nonconforming Use.

The right of nonconforming use to continue shall be subject to such regulations as the maintenance of the premises and conditions of operation as may, in the judgment of the Board of Adjustment, be reasonably required for the protection of adjacent property.
a. 
Abandoned Nonconforming Uses To Be Discontinued
A legal nonconforming use, when abandoned or discontinued, shall not be resumed. Abandonment or discontinuance is hereby defined as follows:
(1) 
When land being used for a nonconforming use shall cease to be used in a bona fide manner for two (2) calendar years.
(2) 
When a building or structure that is designed or arranged for a nonconforming use shall cease to be used in a bona fide manner as a legal nonconforming use for a continuous period of twenty-four (24) consecutive calendar months.
(3) 
When a building or structure that is designed or arranged for a conforming use shall cease to be used in a bona fide manner as a legal nonconforming use for a period of twenty-four (24) consecutive calendar months.
(4) 
The Board of Adjustment shall have the power, upon substantial evidence of hardship, to extend the above limits not to exceed twenty-four (24) consecutive calendar months.
b. 
Certificate of Occupancy Required
A certificate of occupancy shall be issued for all legal nonconforming uses.
(Ordinance 1059 adopted 11/11/2002; Ordinance 1076, sec. 2, adopted 7/14/2003)

§ 16.05 Restoration of Damaged Property.

Nothing In this ordinance shall be taken to prevent restoration of a building destroyed to the extent of not more than seventy percent (70%) of its reasonable value by fire, explosion, or other casualty, or act of God, or a public enemy, nor the continued occupancy or use of such building or part thereof, which existed at the time of such partial destruction.
(Ordinance 1059 adopted 11/11/2002; Ordinance 1107, sec. 1, adopted 7/12/2004; Ordinance 1107, sec. 2, adopted 7/12/2004)

Ordinance 1481_0