Borger City Zoning Code

ARTICLE 14

07: NONCONFORMITIES

Section 14.07.100 Generally

(a)

Purpose. The purpose of this Article is to provide nonconformity regulations. Nonconformities include nonconforming uses, structures, lots, site features, and signs.

(b)

Applicability. This Article's regulations apply to all nonconformities. Uses, structures, lots, signs, or other site features that were illegally established or constructed are not nonconformities and the provisions of this Article do not apply to them.

(c)

Territorial Changes. Whenever zoning district boundaries change to a different zoning district from annexation, these regulations apply to any existing nonconformity.

Effective on: 8/9/2022

Section 14.07.200 Uses

(a)

Nonconforming Use Defined. A nonconforming use means any use that:

(1)
Previously Nonconforming. On the effective date of this ULDO, was previously lawfully established and complied with the applicable regulations in effect at the time it was established but does not comply with the applicable regulations of this ULDO; or,
(2)
Nonconforming Due to Amendment. On or after the effective date of this ULDO, was lawfully operating according to this ULDO's provisions but which use, by ULDO text amendment, or other governmental action, then became an unpermitted use in the district in which the use is located. Also, territory annexed into the City may continue as provided pursuant to the Texas Local Government Code, Chapter 43.

(b)
General Limitations on Nonconforming Uses.
1. (1)
  Nonconforming Uses. A nonconforming use or a lawful use that becomes nonconforming because of adoption or amendment to this ULDO may continue after the effective date of adoption or amendment of this ULDO.
2. (2)
  Abandonment. If a nonconforming use is abandoned for 12 months, any future use shall conform to this ULDO. Abandonment of a nonconforming use terminates the right to operate that use.
3. (3)
  Continuance. The lawful use of any building existing as of the effective date of this ULDO may continue, although the use does not conform to this Section’s provisions. This use may not expand, enlarge, or extend throughout the building, except in accordance with the requirements specified in Section 39.08.006, Nonconformity Expansion.
4. (4)
  Expansion. A conforming structure in an operating nonconforming use cannot expand, enlarge, or extend unless by the requirements specified in Section 14.07.600, Nonconformity Expansion.
5. (5)
  Conditions. The right of nonconforming uses to continue is subject to maintenance regulations adopted by the City designed to protect adjacent properties.
6. (6)
  Destruction of Nonconforming Use. Any nonconforming use destroyed or damaged to the extent less than 50 percent of the fair market value of the property at the time of the damage, may be repaired for such continued use, provided that such repairs be completed within six months from the date of the damage and provided that such repairs or replacement shall not change, expand or extend the nonconforming use. In the case that the damage or destruction exceeds 50 percent or more of its fair market value above its foundations, the damage or destruction shall not be repaired or reconstructed for the purpose of continuing the nonconforming use unless the damage or destruction is due to circumstances beyond the control of the property owner (such as fire, natural disaster, or accident).
(c)
Limitations for Specific Nonconforming Uses.
1. (1)
  Salvage or Scrap Metal Yard. Nonconforming use involving salvage or scrap metal yards required by this ULDO to screen such salvage or scrap metal yard shall:
  1. (A)
    Provide such screening in all zoning districts no later than two years from the effective date of this ULDO.
  2. (B)
    When located in IL or IH zoning districts and where a special use permit is required, make application and obtain such special use permit no later than two years from the effective date of this ULDO.
  3. (C)
    Salvage or scrap metal yards that are annexed into the City, subsequent to the effective date of this ULDO or created as nonconforming uses by the rezoning to a more restrictive zoning district, from the date of such annexation or rezoning, as the case may be, fall within and be subject to the provisions as set forth in this Article.
2. (2)
  Adult Business. An adult business in operation on the effective date of an annexation that does not conform to the location and zoning requirements pertaining to an adult business shall be a nonconforming use that may continue for three years from the effective date of annexation. Upon the expiration of three years, all nonconforming use rights shall terminate, and the use shall be illegal and shall terminate.
  1. (A)
    The nonconforming adult business shall not be increased, enlarged, or altered except to comply with the requirements of subsections 14.01.304(f)(1), Adult Business, supplemental regulations (F) through (I).
  2. (B)
    If two or more adult businesses are rendered nonconforming by the required separation in subsections 14.01.304(f)(1), Adult Business, supplemental regulations, (A) through (E) only, first in time is first in right. It shall be the burden of the adult business asserting a priority to prove its prior right.
  3. (C)
    If the owner of an adult business is unable to recoup its investment in such business prior to termination, it may request an extension of time by filing a request with the Director of Planning and Development 90 days prior to the termination date.
    (i)
    The application for an extension shall contain all of the data the applicant wishes to be considered in determining whether or not an extension should be granted.
    (ii)
    The City Council may consider the application for extension and may grant additional time not to exceed one year if it finds that the applicant's need outweighs the public interest in termination.

(Ord. # O-002-25, 03/18/2025)

Effective on: 4/11/2025

Section 14.07.300 Structures

(a)

Nonconforming Structure Defined. A nonconforming structure means any existing structure erected or modified on or before the effective date of this ULDO that complied with the regulations in effect at the time it was erected or modified but that does not comply with all the regulations applicable in this ULDO.

(b)

Limitations on Nonconforming Structures.

(1)
Continuance. Subject to this Section, any nonconforming structure may be occupied, operated, and maintained subject to maintenance regulations adopted by the City designed to protect adjacent properties. No nonconforming structure may be expanded, enlarged, or extended except in compliance with Section 14.07.600, Nonconformity Expansion.
(2)
Repairs or Alterations. Repairs may be made to a nonconforming building or structure.
(3)
Moving. No nonconforming building or structure may be moved in whole or in part to any other location on the lot, or to any other lot, unless every portion of the building or structure conforms to all of the district’s regulations as currently set forth in this ULDO.
(4)
Restoration of Damaged Buildings. A nonconforming structure that is damaged or partially destroyed by fire, wind, explosion, earthquake, or other calamities shall not be restored or used if the expense of restoration exceeds 50 percent of the fair market value of the building or structure when the damage occurred. Any nonconforming structure partially destroyed may be restored if restoration starts within 12 months of the date of partial destruction. If a nonconforming building or structure is damaged more than 50 percent of its replacement cost at that time, the repair or reconstruction of that structure shall conform to all the district’s regulations where it is located. This repair or reconstruction is deemed a new structure.
(5)
Termination of Nonconforming Buildings or Structures.
1. (A)
  Damage. The right to operate and maintain any structure terminates and ceases to exist whenever the nonconforming structure is damaged in any manner and from any cause, and the cost of repairing that damage exceeds 50 percent of the replacement cost of that structure on the damage date.
2. (B)
  Obsolete. The right to operate and maintain any nonconforming structure terminates and ceases to exist when the nonconforming structure becomes obsolete or substandard under any applicable City ordinance and the cost of placing that structure in compliance with the applicable ordinance exceeds 50 percent of the replacement cost of that building or structure on the date that the Building Official determines that the structure is obsolete or substandard.
3. (C)
  Determination of Replacement Cost. The replacement cost determination of any nonconforming structure does not include the cost of land or any factors other than the nonconforming structure itself.

Effective on: 8/9/2022

Section 14.07.400 Lots

(a)

Nonconforming Lot Defined. A nonconforming lot means any existing lot created on or before the effective date of this ULDO that complied with the regulations in effect at the time of creation but that does not comply with all the regulations applicable in this ULDO.

(b)

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

(1)
Access to Street. The lot has direct access to an existing improved public or private street or alley;
(2)
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)
Other Standards. Development on the lot complies with applicable standards of this ULDO (other than lot area and/or width).

(c)

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 ULDO.

Effective on: 8/9/2022

Section 14.07.500 Sign or Other Site Feature

(a)

Nonconforming Sign or other Site Features Defined. A nonconforming sign or other site feature means any existing sign or other site feature established on or after the effective date of this ULDO that complied with the regulations in effect at the time of development but that does not comply with all the regulations applicable in this ULDO. A site feature includes parking, loading, and stacking; landscaping and buffers; signs, including billboards; outdoor lighting; or other site conditions or standards required by Article 14.02, Building and Site Design.

(b)

Generally. Except for provisions specifically related to signs below, the following shall apply to all other nonconforming site features.

(1)
Continuance. Nonconforming site features may continue if there is no site expansion, enlargement, or extension.
(2)
Compliance. If a structure or use is expanded, enlarged, or extended, nonconforming site features shall comply with the standards of this UDC based on the requirements of Table 14.02.101-1, Building and Site Design Standards Applicability.

(c)

Nonconforming Signs.

(1)
Inspection, maintenance, and nonconforming.
1. (A)
  A nonconforming sign existing as of the effective date of this ULDO may be continued, repaired, and maintained in good condition, but may not be otherwise altered.
2. (B)
  Except as permitted for specific types of signs, voluntary removal of a nonconforming sign for purposes other than maintenance terminates nonconforming rights for the sign.
3. (C)
  A nonconforming sign will have its nonconforming status terminated if the sign, or a substantial part of it, is voluntarily dismantled for any purpose other than routine maintenance or for changing of the copy or advertising message on the sign. However, if the sign is destroyed or damaged due to circumstances beyond the control of the property owner (such as fire, natural disaster, or accident), the sign may be reconstructed with the standards of this ULDO based on the requirements of Table 14.02.101-1, Building and Site Design Standards Applicability.
(2)
Damage. Any sign face, support, or appurtenances of a nonconforming sign sustaining damage to the extent of 10 percent of the sign display area, support, or appurtenances shall be immediately removed or repaired.

(Ord. # O-002-25, 03/18/2025)

Effective on: 4/11/2025

Section 14.07.600 Nonconformity Expansion

(a)

Applicability.

(1)
The Director of Planning and Development (Director) may approve the extension or enlargement of a nonconforming structure provided that the extension or enlargement does not increase the degree of the nonconformity. For example, if a five-foot side setback is required, and the nonconforming structure has a three-foot side setback, it may be expanded provided that the extension complies with the five-foot required setback.
(2)
The Board of Adjustment (BOA) may, after public notice and hearing as required in Texas Local Government Code Chapter 211, and subject to the conditions and safeguards in this Section, authorize the following:
1. (A)
  The reconstruction, extension, or enlargement of a structure occupied by a nonconforming use; or
2. (B)
  The extension of a nonconforming use.

(b)

Decision Criteria. In granting the expansion, the Director may provide conditions of approval that, in its opinion, will secure substantially the purpose and intent of this ULDO as articulated in Subsection 14.01.102, Purposes.

Effective on: 8/9/2022

Borger City Zoning Code

ARTICLE 14

07: NONCONFORMITIES

Section 14.07.100 Generally

(a)

Purpose. The purpose of this Article is to provide nonconformity regulations. Nonconformities include nonconforming uses, structures, lots, site features, and signs.

(b)

(c)

Territorial Changes. Whenever zoning district boundaries change to a different zoning district from annexation, these regulations apply to any existing nonconformity.

Effective on: 8/9/2022

Section 14.07.200 Uses

(a)

Nonconforming Use Defined. A nonconforming use means any use that:

(1)
Previously Nonconforming. On the effective date of this ULDO, was previously lawfully established and complied with the applicable regulations in effect at the time it was established but does not comply with the applicable regulations of this ULDO; or,
(2)
Nonconforming Due to Amendment. On or after the effective date of this ULDO, was lawfully operating according to this ULDO's provisions but which use, by ULDO text amendment, or other governmental action, then became an unpermitted use in the district in which the use is located. Also, territory annexed into the City may continue as provided pursuant to the Texas Local Government Code, Chapter 43.

(b)
General Limitations on Nonconforming Uses.
1. (1)
  Nonconforming Uses. A nonconforming use or a lawful use that becomes nonconforming because of adoption or amendment to this ULDO may continue after the effective date of adoption or amendment of this ULDO.
2. (2)
  Abandonment. If a nonconforming use is abandoned for 12 months, any future use shall conform to this ULDO. Abandonment of a nonconforming use terminates the right to operate that use.
3. (3)
  Continuance. The lawful use of any building existing as of the effective date of this ULDO may continue, although the use does not conform to this Section’s provisions. This use may not expand, enlarge, or extend throughout the building, except in accordance with the requirements specified in Section 39.08.006, Nonconformity Expansion.
4. (4)
  Expansion. A conforming structure in an operating nonconforming use cannot expand, enlarge, or extend unless by the requirements specified in Section 14.07.600, Nonconformity Expansion.
5. (5)
  Conditions. The right of nonconforming uses to continue is subject to maintenance regulations adopted by the City designed to protect adjacent properties.
6. (6)
  Destruction of Nonconforming Use. Any nonconforming use destroyed or damaged to the extent less than 50 percent of the fair market value of the property at the time of the damage, may be repaired for such continued use, provided that such repairs be completed within six months from the date of the damage and provided that such repairs or replacement shall not change, expand or extend the nonconforming use. In the case that the damage or destruction exceeds 50 percent or more of its fair market value above its foundations, the damage or destruction shall not be repaired or reconstructed for the purpose of continuing the nonconforming use unless the damage or destruction is due to circumstances beyond the control of the property owner (such as fire, natural disaster, or accident).
(c)
Limitations for Specific Nonconforming Uses.
1. (1)
  Salvage or Scrap Metal Yard. Nonconforming use involving salvage or scrap metal yards required by this ULDO to screen such salvage or scrap metal yard shall:
  1. (A)
    Provide such screening in all zoning districts no later than two years from the effective date of this ULDO.
  2. (B)
    When located in IL or IH zoning districts and where a special use permit is required, make application and obtain such special use permit no later than two years from the effective date of this ULDO.
  3. (C)
    Salvage or scrap metal yards that are annexed into the City, subsequent to the effective date of this ULDO or created as nonconforming uses by the rezoning to a more restrictive zoning district, from the date of such annexation or rezoning, as the case may be, fall within and be subject to the provisions as set forth in this Article.
2. (2)
  Adult Business. An adult business in operation on the effective date of an annexation that does not conform to the location and zoning requirements pertaining to an adult business shall be a nonconforming use that may continue for three years from the effective date of annexation. Upon the expiration of three years, all nonconforming use rights shall terminate, and the use shall be illegal and shall terminate.
  1. (A)
    The nonconforming adult business shall not be increased, enlarged, or altered except to comply with the requirements of subsections 14.01.304(f)(1), Adult Business, supplemental regulations (F) through (I).
  2. (B)
    If two or more adult businesses are rendered nonconforming by the required separation in subsections 14.01.304(f)(1), Adult Business, supplemental regulations, (A) through (E) only, first in time is first in right. It shall be the burden of the adult business asserting a priority to prove its prior right.
  3. (C)
    If the owner of an adult business is unable to recoup its investment in such business prior to termination, it may request an extension of time by filing a request with the Director of Planning and Development 90 days prior to the termination date.
    (i)
    The application for an extension shall contain all of the data the applicant wishes to be considered in determining whether or not an extension should be granted.
    (ii)
    The City Council may consider the application for extension and may grant additional time not to exceed one year if it finds that the applicant's need outweighs the public interest in termination.

(Ord. # O-002-25, 03/18/2025)

Effective on: 4/11/2025

Section 14.07.300 Structures

(a)

(b)

Limitations on Nonconforming Structures.

(1)
Continuance. Subject to this Section, any nonconforming structure may be occupied, operated, and maintained subject to maintenance regulations adopted by the City designed to protect adjacent properties. No nonconforming structure may be expanded, enlarged, or extended except in compliance with Section 14.07.600, Nonconformity Expansion.
(2)
Repairs or Alterations. Repairs may be made to a nonconforming building or structure.
(3)
Moving. No nonconforming building or structure may be moved in whole or in part to any other location on the lot, or to any other lot, unless every portion of the building or structure conforms to all of the district’s regulations as currently set forth in this ULDO.
(4)
Restoration of Damaged Buildings. A nonconforming structure that is damaged or partially destroyed by fire, wind, explosion, earthquake, or other calamities shall not be restored or used if the expense of restoration exceeds 50 percent of the fair market value of the building or structure when the damage occurred. Any nonconforming structure partially destroyed may be restored if restoration starts within 12 months of the date of partial destruction. If a nonconforming building or structure is damaged more than 50 percent of its replacement cost at that time, the repair or reconstruction of that structure shall conform to all the district’s regulations where it is located. This repair or reconstruction is deemed a new structure.
(5)
Termination of Nonconforming Buildings or Structures.
1. (A)
  Damage. The right to operate and maintain any structure terminates and ceases to exist whenever the nonconforming structure is damaged in any manner and from any cause, and the cost of repairing that damage exceeds 50 percent of the replacement cost of that structure on the damage date.
2. (B)
  Obsolete. The right to operate and maintain any nonconforming structure terminates and ceases to exist when the nonconforming structure becomes obsolete or substandard under any applicable City ordinance and the cost of placing that structure in compliance with the applicable ordinance exceeds 50 percent of the replacement cost of that building or structure on the date that the Building Official determines that the structure is obsolete or substandard.
3. (C)
  Determination of Replacement Cost. The replacement cost determination of any nonconforming structure does not include the cost of land or any factors other than the nonconforming structure itself.

Effective on: 8/9/2022

Section 14.07.400 Lots

(a)

(b)

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

(1)
Access to Street. The lot has direct access to an existing improved public or private street or alley;
(2)
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)
Other Standards. Development on the lot complies with applicable standards of this ULDO (other than lot area and/or width).

(c)

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 ULDO.

Effective on: 8/9/2022

Section 14.07.500 Sign or Other Site Feature

(a)

(b)

Generally. Except for provisions specifically related to signs below, the following shall apply to all other nonconforming site features.

(1)
Continuance. Nonconforming site features may continue if there is no site expansion, enlargement, or extension.
(2)
Compliance. If a structure or use is expanded, enlarged, or extended, nonconforming site features shall comply with the standards of this UDC based on the requirements of Table 14.02.101-1, Building and Site Design Standards Applicability.

(c)

Nonconforming Signs.

(1)
Inspection, maintenance, and nonconforming.
1. (A)
  A nonconforming sign existing as of the effective date of this ULDO may be continued, repaired, and maintained in good condition, but may not be otherwise altered.
2. (B)
  Except as permitted for specific types of signs, voluntary removal of a nonconforming sign for purposes other than maintenance terminates nonconforming rights for the sign.
3. (C)
  A nonconforming sign will have its nonconforming status terminated if the sign, or a substantial part of it, is voluntarily dismantled for any purpose other than routine maintenance or for changing of the copy or advertising message on the sign. However, if the sign is destroyed or damaged due to circumstances beyond the control of the property owner (such as fire, natural disaster, or accident), the sign may be reconstructed with the standards of this ULDO based on the requirements of Table 14.02.101-1, Building and Site Design Standards Applicability.
(2)
Damage. Any sign face, support, or appurtenances of a nonconforming sign sustaining damage to the extent of 10 percent of the sign display area, support, or appurtenances shall be immediately removed or repaired.

(Ord. # O-002-25, 03/18/2025)

Effective on: 4/11/2025

Section 14.07.600 Nonconformity Expansion

(a)

Applicability.

(1)
The Director of Planning and Development (Director) may approve the extension or enlargement of a nonconforming structure provided that the extension or enlargement does not increase the degree of the nonconformity. For example, if a five-foot side setback is required, and the nonconforming structure has a three-foot side setback, it may be expanded provided that the extension complies with the five-foot required setback.
(2)
The Board of Adjustment (BOA) may, after public notice and hearing as required in Texas Local Government Code Chapter 211, and subject to the conditions and safeguards in this Section, authorize the following:
1. (A)
  The reconstruction, extension, or enlargement of a structure occupied by a nonconforming use; or
2. (B)
  The extension of a nonconforming use.

(b)

Effective on: 8/9/2022

Borger City Zoning Code

ARTICLE 14

07: NONCONFORMITIES

Section 14.07.100 Generally

(a)

Purpose. The purpose of this Article is to provide nonconformity regulations. Nonconformities include nonconforming uses, structures, lots, site features, and signs.

(b)

(c)

Territorial Changes. Whenever zoning district boundaries change to a different zoning district from annexation, these regulations apply to any existing nonconformity.

Effective on: 8/9/2022

Section 14.07.200 Uses

(a)

Nonconforming Use Defined. A nonconforming use means any use that:

(1)
Previously Nonconforming. On the effective date of this ULDO, was previously lawfully established and complied with the applicable regulations in effect at the time it was established but does not comply with the applicable regulations of this ULDO; or,
(2)
Nonconforming Due to Amendment. On or after the effective date of this ULDO, was lawfully operating according to this ULDO's provisions but which use, by ULDO text amendment, or other governmental action, then became an unpermitted use in the district in which the use is located. Also, territory annexed into the City may continue as provided pursuant to the Texas Local Government Code, Chapter 43.

(b)
General Limitations on Nonconforming Uses.
1. (1)
  Nonconforming Uses. A nonconforming use or a lawful use that becomes nonconforming because of adoption or amendment to this ULDO may continue after the effective date of adoption or amendment of this ULDO.
2. (2)
  Abandonment. If a nonconforming use is abandoned for 12 months, any future use shall conform to this ULDO. Abandonment of a nonconforming use terminates the right to operate that use.
3. (3)
  Continuance. The lawful use of any building existing as of the effective date of this ULDO may continue, although the use does not conform to this Section’s provisions. This use may not expand, enlarge, or extend throughout the building, except in accordance with the requirements specified in Section 39.08.006, Nonconformity Expansion.
4. (4)
  Expansion. A conforming structure in an operating nonconforming use cannot expand, enlarge, or extend unless by the requirements specified in Section 14.07.600, Nonconformity Expansion.
5. (5)
  Conditions. The right of nonconforming uses to continue is subject to maintenance regulations adopted by the City designed to protect adjacent properties.
6. (6)
  Destruction of Nonconforming Use. Any nonconforming use destroyed or damaged to the extent less than 50 percent of the fair market value of the property at the time of the damage, may be repaired for such continued use, provided that such repairs be completed within six months from the date of the damage and provided that such repairs or replacement shall not change, expand or extend the nonconforming use. In the case that the damage or destruction exceeds 50 percent or more of its fair market value above its foundations, the damage or destruction shall not be repaired or reconstructed for the purpose of continuing the nonconforming use unless the damage or destruction is due to circumstances beyond the control of the property owner (such as fire, natural disaster, or accident).
(c)
Limitations for Specific Nonconforming Uses.
1. (1)
  Salvage or Scrap Metal Yard. Nonconforming use involving salvage or scrap metal yards required by this ULDO to screen such salvage or scrap metal yard shall:
  1. (A)
    Provide such screening in all zoning districts no later than two years from the effective date of this ULDO.
  2. (B)
    When located in IL or IH zoning districts and where a special use permit is required, make application and obtain such special use permit no later than two years from the effective date of this ULDO.
  3. (C)
    Salvage or scrap metal yards that are annexed into the City, subsequent to the effective date of this ULDO or created as nonconforming uses by the rezoning to a more restrictive zoning district, from the date of such annexation or rezoning, as the case may be, fall within and be subject to the provisions as set forth in this Article.
2. (2)
  Adult Business. An adult business in operation on the effective date of an annexation that does not conform to the location and zoning requirements pertaining to an adult business shall be a nonconforming use that may continue for three years from the effective date of annexation. Upon the expiration of three years, all nonconforming use rights shall terminate, and the use shall be illegal and shall terminate.
  1. (A)
    The nonconforming adult business shall not be increased, enlarged, or altered except to comply with the requirements of subsections 14.01.304(f)(1), Adult Business, supplemental regulations (F) through (I).
  2. (B)
    If two or more adult businesses are rendered nonconforming by the required separation in subsections 14.01.304(f)(1), Adult Business, supplemental regulations, (A) through (E) only, first in time is first in right. It shall be the burden of the adult business asserting a priority to prove its prior right.
  3. (C)
    If the owner of an adult business is unable to recoup its investment in such business prior to termination, it may request an extension of time by filing a request with the Director of Planning and Development 90 days prior to the termination date.
    (i)
    The application for an extension shall contain all of the data the applicant wishes to be considered in determining whether or not an extension should be granted.
    (ii)
    The City Council may consider the application for extension and may grant additional time not to exceed one year if it finds that the applicant's need outweighs the public interest in termination.

(Ord. # O-002-25, 03/18/2025)

Effective on: 4/11/2025

Section 14.07.300 Structures

(a)

(b)

Limitations on Nonconforming Structures.

(1)
Continuance. Subject to this Section, any nonconforming structure may be occupied, operated, and maintained subject to maintenance regulations adopted by the City designed to protect adjacent properties. No nonconforming structure may be expanded, enlarged, or extended except in compliance with Section 14.07.600, Nonconformity Expansion.
(2)
Repairs or Alterations. Repairs may be made to a nonconforming building or structure.
(3)
Moving. No nonconforming building or structure may be moved in whole or in part to any other location on the lot, or to any other lot, unless every portion of the building or structure conforms to all of the district’s regulations as currently set forth in this ULDO.
(4)
Restoration of Damaged Buildings. A nonconforming structure that is damaged or partially destroyed by fire, wind, explosion, earthquake, or other calamities shall not be restored or used if the expense of restoration exceeds 50 percent of the fair market value of the building or structure when the damage occurred. Any nonconforming structure partially destroyed may be restored if restoration starts within 12 months of the date of partial destruction. If a nonconforming building or structure is damaged more than 50 percent of its replacement cost at that time, the repair or reconstruction of that structure shall conform to all the district’s regulations where it is located. This repair or reconstruction is deemed a new structure.
(5)
Termination of Nonconforming Buildings or Structures.
1. (A)
  Damage. The right to operate and maintain any structure terminates and ceases to exist whenever the nonconforming structure is damaged in any manner and from any cause, and the cost of repairing that damage exceeds 50 percent of the replacement cost of that structure on the damage date.
2. (B)
  Obsolete. The right to operate and maintain any nonconforming structure terminates and ceases to exist when the nonconforming structure becomes obsolete or substandard under any applicable City ordinance and the cost of placing that structure in compliance with the applicable ordinance exceeds 50 percent of the replacement cost of that building or structure on the date that the Building Official determines that the structure is obsolete or substandard.
3. (C)
  Determination of Replacement Cost. The replacement cost determination of any nonconforming structure does not include the cost of land or any factors other than the nonconforming structure itself.

Effective on: 8/9/2022

Section 14.07.400 Lots

(a)

(b)

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

(1)
Access to Street. The lot has direct access to an existing improved public or private street or alley;
(2)
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)
Other Standards. Development on the lot complies with applicable standards of this ULDO (other than lot area and/or width).

(c)

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 ULDO.

Effective on: 8/9/2022

Section 14.07.500 Sign or Other Site Feature

(a)

(b)

Generally. Except for provisions specifically related to signs below, the following shall apply to all other nonconforming site features.

(1)
Continuance. Nonconforming site features may continue if there is no site expansion, enlargement, or extension.
(2)
Compliance. If a structure or use is expanded, enlarged, or extended, nonconforming site features shall comply with the standards of this UDC based on the requirements of Table 14.02.101-1, Building and Site Design Standards Applicability.

(c)

Nonconforming Signs.

(1)
Inspection, maintenance, and nonconforming.
1. (A)
  A nonconforming sign existing as of the effective date of this ULDO may be continued, repaired, and maintained in good condition, but may not be otherwise altered.
2. (B)
  Except as permitted for specific types of signs, voluntary removal of a nonconforming sign for purposes other than maintenance terminates nonconforming rights for the sign.
3. (C)
  A nonconforming sign will have its nonconforming status terminated if the sign, or a substantial part of it, is voluntarily dismantled for any purpose other than routine maintenance or for changing of the copy or advertising message on the sign. However, if the sign is destroyed or damaged due to circumstances beyond the control of the property owner (such as fire, natural disaster, or accident), the sign may be reconstructed with the standards of this ULDO based on the requirements of Table 14.02.101-1, Building and Site Design Standards Applicability.
(2)
Damage. Any sign face, support, or appurtenances of a nonconforming sign sustaining damage to the extent of 10 percent of the sign display area, support, or appurtenances shall be immediately removed or repaired.

(Ord. # O-002-25, 03/18/2025)

Effective on: 4/11/2025

Section 14.07.600 Nonconformity Expansion

(a)

Applicability.

(1)
The Director of Planning and Development (Director) may approve the extension or enlargement of a nonconforming structure provided that the extension or enlargement does not increase the degree of the nonconformity. For example, if a five-foot side setback is required, and the nonconforming structure has a three-foot side setback, it may be expanded provided that the extension complies with the five-foot required setback.
(2)
The Board of Adjustment (BOA) may, after public notice and hearing as required in Texas Local Government Code Chapter 211, and subject to the conditions and safeguards in this Section, authorize the following:
1. (A)
  The reconstruction, extension, or enlargement of a structure occupied by a nonconforming use; or
2. (B)
  The extension of a nonconforming use.

(b)

Effective on: 8/9/2022