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Brownwood City Zoning Code

ARTICLE III

NONCONFORMING USES AND STRUCTURES4


Footnotes:
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Cross reference— Buildings and building regulations, ch. 78.


Sec. 98-181.- Continuance of use.

Any nonconforming use of land or structures may be continued for definite periods of time, subject to such regulations as the board of adjustment may require for immediate preservation of the adjoining property and the ultimate removal of the nonconforming use. However, if a continuous operation is not carried on in such nonconforming use during a continuous period of one year, the building, other structure or tract of land where the nonconforming use previously existed shall thereafter be occupied and used only for a conforming use. Intent to resume active operation shall not affect the provisions of this section.

(Code 1995, § 158.47(A))

Sec. 98-182. - Change of use.

A nonconforming use may be changed to any conforming use. A nonconforming use shall not be changed to any other type of nonconforming use without the prior approval of the board of adjustment, which may grant a change of occupancy from one nonconforming use to another, provided that the use is within the same or higher classification as the original nonconforming use, and provided that the change will not prolong and continue the nonconforming use. A nonconforming use, once changed from a lower to a higher classification use, shall not be changed thereafter to a lower classification use, and the prior lower classification use shall be considered to be abandoned.

(Code 1995, § 158.47(B))

Sec. 98-183. - Damage and destruction.

A nonconforming use shall not be extended or rebuilt in case of obsolescence or total destruction by fire or other cause. In the case of partial destruction by fire or other causes not exceeding 50 percent of its value, the building official shall issue a permit for reconstruction. If such destruction is greater than 50 percent and less than total, the board of adjustment may grant a permit for repair after a public hearing and having due regard for the property rights of the persons affected when considered in the light of public welfare and the character of the areas surrounding the designated nonconforming use and the purpose of this chapter.

(Code 1995, § 158.47(C))

Sec. 98-184. - Enlargement and extension.

A nonconforming use shall not be enlarged or extended, except upon authorization of the board of adjustment.

(Code 1995, § 158.47(D))

Sec. 98-185. - Normal maintenance.

Normal maintenance of a building or a structure containing a nonconforming use is permitted, including necessary nonstructural repairs and incidental alterations not extending the nonconforming use.

(Code 1995, § 158.47(E))

Sec. 98-186. - Structural alterations.

No structural alteration shall be made in a building or other structure containing a nonconforming use, except when required by law.

(Code 1995, § 158.47(F))