Bridgeport, TX Zoning Ordinance

Bridgeport City Zoning Code

§ 12

NONCONFORMING BUILDINGS AND USES.

Within the districts established by this ordinance, or amendments that may later be adopted, there may exist lots and uses of land, and/or buildings and structures, which were lawful before this ordinance was passed or amended, but which would be prohibited, regulated, or restricted under the terms of this ordinance or future amendments.

Such nonconforming uses, structures or lots are deemed to be incompatible with permitted uses and structures in the applicable zoning district and are contrary to the stated purposes of this ordinance. With due regard for the property rights of the persons affected when considered in light of the public welfare and in view of protecting the use and enjoyment of adjacent conforming properties, it is the declared purpose of this section that nonconformities be eliminated and be required to conform to the regulations in this ordinance. Notwithstanding the above, such nonconforming use, structure or lot may be continued subject to the conditions and limitations set forth in this section.

NON-CONFORMING BUILDINGS: Occupancy permitted. A non-conforming building or structure may be occupied except as herein otherwise provided.

REPAIRS OR ALTERATIONS: Repairs and alterations may be made to a nonconforming building or structure, provided that no structural alteration shall be made except those required by law or ordinance, and further provided these regulations shall never be construed to allow an addition to a non-conforming building.

ADDITIONS, ENLARGEMENTS, MOVING: A non-conforming building or structure shall not be added to or enlarged in any manner unless such addition and enlargements are made to conform to all the requirements of the district in which such building or structure is located.

No non-conforming building or structure shall be moved in whole or in part to any other location on the lot, or on any other lot, unless every portion of such building or structure is made to conform to all regulations of the district.

RESTORATION OF DAMAGED BUILDINGS: A non-conforming building or structure which is damaged or partially destroyed by fire, flood, wind, explosion, earthquake, or other calamity or act of God, shall not be a again [sic] restored or used for such purpose if the expense of such restoration exceeds fifty percent (50%) of the replacement cost of the building or structure at the time such damage occurred. Any non-conforming building or structure partially destroyed may be restored within six (6) months of the date of partial destruction and is diligently prosecuted to completion. Whenever a nonconforming building or structure is damaged in excess of fifty percent (50%) of its replacement cost at that time, the repair or reconstruction of such building or structure shall conform to all the regulations of the districts in which it is located, and it shall be treated as a new building.

NON-CONFORMING USES Of BUILDINGS: Continuation. Except as otherwise provided in this ordinance the non-conforming use of the building or structure lawfully existing at the time of the effective date of this ordinance may be continued.

The use of a non-conforming building or structure may be changed to use of the same, or more restricted classification, but where the use of a non-conforming building or structure is hereafter changed to a use of a more restricted classification, it shall not thereafter be changed to a use of less-restricted classification.

A vacant, non-conforming building or structure lawfully constructed may be occupied by use for which the building or structure was designated or intended, if so occupied within a period of six (6) months after the effective date of this ordinance, and the use of a non-conforming building or structure lawfully constructed which becomes vacant after the effective date of this ordinance, may also be occupied by the use for which the building or structure was designated or intended, if so occupied within a period of six (6) months after the building becomes vacant.

Expansion prohibited. A non-conforming use of a conforming building or structure, (i.e., commercial use in a dwelling, etc.) shall not be expanded or extended into any other portion of such conforming building or structure, nor changed except to a conforming use. If such non-conforming use or portion thereof is discontinued or changed to a conforming use, any future use of such building, structure, or portion thereof shall be in conformity with the regulations of the district in which such building or structure is located.

Extension. A non-conforming use shall not be extended, but the extension of a lawful use to any portion of a lawfully existing non-conforming building or structure which existed prior to the enactment of this ordinance shall not be deemed the extension of such non-conforming use.

NON-CONFORMING USE OF LAND: Continuation of use. The non-conforming use of land (where no main building is involved), existing at the time of the effective date of this ordinance, may be continued provided; that no such non-conforming use of land shall in any way be expanded or extended either on the same or adjoining property.

That if such non-conforming use of land or any portion thereof is discontinued or changed, any future use of such land or portion thereof, shall be in conformity with the provisions of this ordinance.

That any sign, billboard, poster, storage yard, or trailer camp, which is lawfully existing and maintained at the time of the effective date of this ordinance, may be continued, although such use does not conform with the provision hereof, provided however, that no structural alterations are made thereto.

DISCONTINUANCE OR ABANDONMENT: A nonconforming use of any building or structure which has been discontinued shall not thereafter be returned to any nonconforming use. A nonconforming use shall be considered discontinued when:

A.	It has been replaced with a conforming use;
B.	Such building or structure is or hereafter becomes vacant and remains unoccupied or out of use for a continuous period of six months, or the equipment and furnishings of the nonconforming use have been removed from the premises and have not been replaced within such six-month period;
C.	The use changes, is temporarily prohibited, or is moved from the premises;
D.	Utility service to the premises is terminated;
E.	The ownership or occupancy changes;
F.	The owner or occupant expresses an intent, through actions or statements, to discontinue or change the use; or
G.	The premises are dilapidated, substandard or not maintained in a suitable condition for occupancy.

DISPLACEMENT: No non-conforming use shall be extended to displace a conforming use.

VISION CLEARANCE: On any lot on which a front yard is required by this ordinance, no wall, fence or other structure shall be erected and no hedge, tree, shrub or other growth or structure of any kind shall be maintained in such location within such required front yard so as to obstruct the view. Any fence, wall, hedge, shrubbery, etc., higher than a base line extending from a point 2 1/2 feet above walk grade at the walk to a point 4 1/2 feet above walk grade at the depth of front yard required is hereby declared to be an obstruction to view, except single trees having a single trunk which are pruned to a height of seven feet above walk grade.

DISTRICT CHANGES: Whenever the boundaries of a zoning district shall be changed so as to transfer an area from one district to another district of a different classification or when boundaries or districts are changed as a result of annexation of new territory or changes in the regulations or restrictions of this ordinance the provisions of this section shall also apply to any non-conforming uses existing therein which may so become nonconforming.

AMORTIZATION

A.	The City Council may request that the Zoning Board of Adjustment establish a compliance date for discontinuance of a nonconforming use, structure or lot in accordance with this section.
B.	In determining whether to initiate an amortization proceeding, the Zoning Board of Adjustment may consider the character of the surrounding area, the degree of incompatibility of the nonconforming use, structure or lot to the zoning district in which it is located, the effect of the nonconforming use, structure or lot on the surrounding area, the effect of cessation of the nonconforming use, structure or lot on the area, any other danger or nuisance to the public caused by the nonconforming use, structure or lot, and any other factors the board considers relevant. If the board determines that there is no public necessity for establishing a compliance date, the board shall request that the City Council initiate rezoning of the property to bring the nonconforming use, structure or lot into compliance with applicable zoning regulations.
C.	Written notice of the hearing shall be mailed to the owner of the use and the owner of the property at least 30 days before the hearing.
D.	The compliance date for discontinuance of a nonconforming use, structure or lot shall be prescribed by the board at a public hearing, after hearing testimony from the owner, the operator, neighboring property owners, community organizations and other interested parties. In prescribing a reasonable amortization period for the nonconforming use, structure or lot to give the property owner an opportunity to recover his investment from the time the nonconforming use, structure or lot commenced, as allowed by law, the board shall consider the following factors:
	1.	The owner’s capital investment in structures, fixed equipment and other assets (excluding the land and any inventory and other assets that may be feasibly transferred to another site) on the property before the time the nonconformity commenced. Any such investment made after the nonconformity commenced shall not be included;
	2.	Any costs that are directly attributable to the establishment of a compliance date, including demolition expenses, relocation expenses, termination of leases, and discharge of mortgages;
	3.	Any return on investment since inception of the nonconforming use, structure or yard, including net income and depreciation;
	4.	The anticipated annual recovery of investment, including net income and depreciation; and
	5.	Any other factors allowed by law.

(Ordinance adopted 10/21/65; Ordinance 2016-36 adopted 12/12/16)

Bridgeport City Zoning Code

§ 12

NONCONFORMING BUILDINGS AND USES.

NON-CONFORMING BUILDINGS: Occupancy permitted. A non-conforming building or structure may be occupied except as herein otherwise provided.

A.	It has been replaced with a conforming use;
B.	Such building or structure is or hereafter becomes vacant and remains unoccupied or out of use for a continuous period of six months, or the equipment and furnishings of the nonconforming use have been removed from the premises and have not been replaced within such six-month period;
C.	The use changes, is temporarily prohibited, or is moved from the premises;
D.	Utility service to the premises is terminated;
E.	The ownership or occupancy changes;
F.	The owner or occupant expresses an intent, through actions or statements, to discontinue or change the use; or
G.	The premises are dilapidated, substandard or not maintained in a suitable condition for occupancy.

DISPLACEMENT: No non-conforming use shall be extended to displace a conforming use.

AMORTIZATION

A.	The City Council may request that the Zoning Board of Adjustment establish a compliance date for discontinuance of a nonconforming use, structure or lot in accordance with this section.
B.	In determining whether to initiate an amortization proceeding, the Zoning Board of Adjustment may consider the character of the surrounding area, the degree of incompatibility of the nonconforming use, structure or lot to the zoning district in which it is located, the effect of the nonconforming use, structure or lot on the surrounding area, the effect of cessation of the nonconforming use, structure or lot on the area, any other danger or nuisance to the public caused by the nonconforming use, structure or lot, and any other factors the board considers relevant. If the board determines that there is no public necessity for establishing a compliance date, the board shall request that the City Council initiate rezoning of the property to bring the nonconforming use, structure or lot into compliance with applicable zoning regulations.
C.	Written notice of the hearing shall be mailed to the owner of the use and the owner of the property at least 30 days before the hearing.
D.	The compliance date for discontinuance of a nonconforming use, structure or lot shall be prescribed by the board at a public hearing, after hearing testimony from the owner, the operator, neighboring property owners, community organizations and other interested parties. In prescribing a reasonable amortization period for the nonconforming use, structure or lot to give the property owner an opportunity to recover his investment from the time the nonconforming use, structure or lot commenced, as allowed by law, the board shall consider the following factors:
	1.	The owner’s capital investment in structures, fixed equipment and other assets (excluding the land and any inventory and other assets that may be feasibly transferred to another site) on the property before the time the nonconformity commenced. Any such investment made after the nonconformity commenced shall not be included;
	2.	Any costs that are directly attributable to the establishment of a compliance date, including demolition expenses, relocation expenses, termination of leases, and discharge of mortgages;
	3.	Any return on investment since inception of the nonconforming use, structure or yard, including net income and depreciation;
	4.	The anticipated annual recovery of investment, including net income and depreciation; and
	5.	Any other factors allowed by law.

(Ordinance adopted 10/21/65; Ordinance 2016-36 adopted 12/12/16)

Bridgeport City Zoning Code

§ 12

NONCONFORMING BUILDINGS AND USES.

NON-CONFORMING BUILDINGS: Occupancy permitted. A non-conforming building or structure may be occupied except as herein otherwise provided.

A.	It has been replaced with a conforming use;
B.	Such building or structure is or hereafter becomes vacant and remains unoccupied or out of use for a continuous period of six months, or the equipment and furnishings of the nonconforming use have been removed from the premises and have not been replaced within such six-month period;
C.	The use changes, is temporarily prohibited, or is moved from the premises;
D.	Utility service to the premises is terminated;
E.	The ownership or occupancy changes;
F.	The owner or occupant expresses an intent, through actions or statements, to discontinue or change the use; or
G.	The premises are dilapidated, substandard or not maintained in a suitable condition for occupancy.

DISPLACEMENT: No non-conforming use shall be extended to displace a conforming use.

AMORTIZATION

A.	The City Council may request that the Zoning Board of Adjustment establish a compliance date for discontinuance of a nonconforming use, structure or lot in accordance with this section.
B.	In determining whether to initiate an amortization proceeding, the Zoning Board of Adjustment may consider the character of the surrounding area, the degree of incompatibility of the nonconforming use, structure or lot to the zoning district in which it is located, the effect of the nonconforming use, structure or lot on the surrounding area, the effect of cessation of the nonconforming use, structure or lot on the area, any other danger or nuisance to the public caused by the nonconforming use, structure or lot, and any other factors the board considers relevant. If the board determines that there is no public necessity for establishing a compliance date, the board shall request that the City Council initiate rezoning of the property to bring the nonconforming use, structure or lot into compliance with applicable zoning regulations.
C.	Written notice of the hearing shall be mailed to the owner of the use and the owner of the property at least 30 days before the hearing.
D.	The compliance date for discontinuance of a nonconforming use, structure or lot shall be prescribed by the board at a public hearing, after hearing testimony from the owner, the operator, neighboring property owners, community organizations and other interested parties. In prescribing a reasonable amortization period for the nonconforming use, structure or lot to give the property owner an opportunity to recover his investment from the time the nonconforming use, structure or lot commenced, as allowed by law, the board shall consider the following factors:
	1.	The owner’s capital investment in structures, fixed equipment and other assets (excluding the land and any inventory and other assets that may be feasibly transferred to another site) on the property before the time the nonconformity commenced. Any such investment made after the nonconformity commenced shall not be included;
	2.	Any costs that are directly attributable to the establishment of a compliance date, including demolition expenses, relocation expenses, termination of leases, and discharge of mortgages;
	3.	Any return on investment since inception of the nonconforming use, structure or yard, including net income and depreciation;
	4.	The anticipated annual recovery of investment, including net income and depreciation; and
	5.	Any other factors allowed by law.

(Ordinance adopted 10/21/65; Ordinance 2016-36 adopted 12/12/16)