Bruceville Eddy City Zoning Code
§ 17
Nonconforming uses and structures.
17-100
A nonconforming status shall exist under the following provisions of this Ordinance:
1.
When a use or structure which does not conform to the regulations prescribed in the district in which such use or structure is located was in existence and lawfully operating prior to the adoption of this Zoning Ordinance and has been operating since without discontinuance.
2.
When on the effective date of this ordinance, the use or structure was in existence and lawfully constructed, located and operating in accordance with the provisions of the previous zoning ordinance or which was a nonconforming use thereunder, and which use or structure does not now conform to the regulations herein prescribed for the district in which the use or structure is located.
17-101
No nonconforming use or structure lawfully existing and operating prior to the adoption of this Ordinance may be increased, enlarged or expanded beyond that, as it existed on the effective date of this Ordinance, except in the following circumstances.
1.
to provide off-street loading or off-street parking spaces upon approval of the City Council; or
2.
to remodel or build an addition to an existing residential structure in a Light Industrial or Heavy Industrial district, in conformance with the Area Regulations for Single-Family Dwelling-3 districts; or
3.
to replace a mobile home with a HUD-code manufactured home or a HUD-code manufactured home with a different HUD-code manufactured home, on property where the existing mobile home or HUD-code manufactured home was in existence and lawfully located before the adoption of this Ordinance. The terms “mobile home” and “HUD-code manufactured home” have the meanings established in the Texas Manufactured Housing Standards Act.
17-102
Any nonconforming use may be changed to a conforming use and once such change is made, the use shall not thereafter be changed back to a nonconforming use.
17-103
Whenever a nonconforming use is abandoned, all nonconforming rights shall cease and the use of the premises shall thenceforth be in conformity with this Ordinance. Abandonment shall involve the intent of the user or owner to discontinue a nonconforming operation and the actual act of discontinuance. Discontinuance of a business or the vacancy of a building or premises occupied by a nonconforming use shall be construed as conclusive proof of intent to abandon the nonconforming use. Any nonconforming use which, not involving a permanent type structure, is moved from the premises shall be considered to have been abandoned.
17-104
If a nonconforming structure or a structure occupied by a nonconforming use is destroyed by fire, the elements or other cause, it may not be rebuilt except to conform to the provisions of this Ordinance. In the case of partial destruction of a nonconforming use not exceeding sixty (60) percent of its reasonable value, reconstruction may be permitted after a hearing and favorable action by the City Council, but the size and function of the nonconforming use shall not be expanded.
(Ordinance 2003-01, sec. 17, adopted 3/4/03; Ordinance 2003-9-4, sec. 17, adopted 9/4/03)