For purposes of this chapter, a “nonconforming use” is a use of land, building, or other structure or combination thereof that is legally nonconforming as a result of the circumstances described in section 14.15.002.

For purposes of this chapter, a “nonconforming building or structure” is any building or structure which does not fully conform to the development standards and regulations set forth in this chapter, but which is legally nonconforming as a result of the circumstances described in section 14.15.002.

For purposes of this chapter, a “nonconforming site element” is a site element or improvement other than a use, building, or structure such as landscaping, site lighting or parking lot improvement that does not fully conform to the development standards and regulations set forth in this chapter and the Code of Ordinances, but which is legally nonconforming as a result of the circumstances described in section 14.15.002.

The use, building, structure, or site element that does not conform to the regulations prescribed in the district in which it is located was in existence and lawfully constructed or lawfully under construction, located and operating prior to, and at the time of, the event or action that made such use, building, or structure nonconforming.

The event or action that made such use, building, structure, or site element nonconforming was a result of incorporation or annexation of property into the City of Bulverde or adoption of this chapter or a previous zoning ordinance.

The nonconforming use has been operating since the time that the use first became nonconforming without abandonment, as abandonment is defined in section 14.15.006 below.

No nonconforming use, building, structure, or site element may be expanded or increased beyond the lot or tract upon which it is located as of the effective date of this chapter, except to provide off-street loading or off-street parking space upon approval of the city manager or designee.

No building or structure occupied by a nonconforming use shall be altered so as to increase the gross floor area of the nonconforming use, including alterations interior to the building which expand the area occupied by the nonconforming use, nor shall the use be expanded to occupy area outside the building.

No area being used for outside storage or sales [shall] be expanded.

No nonconforming use, building, structure or site element shall be altered or expanded so as to increase the degree of nonconformity.

If any of the present improvements on an existing lot in a single-family residential district are closer to the property line than the minimum setbacks herein, any alteration or addition to any such improvement shall be constructed so as to conform to the minimum setbacks in this chapter unless authorized by a special exception from the zoning board of adjustment.

Any nonconforming use may be changed to a conforming use, and once such change is made, the use shall not thereafter revert to a nonconforming use.

Where a conforming use is located in a nonconforming building or structure, the use may be changed to another conforming use by securing a certificate of occupancy.

A nonconforming building or structure may be used for any permitted use in the applicable zoning district or for any legal nonconforming use occupying the nonconforming building or structure prior to the date the use or building or structure became nonconforming.

Interior remodeling of a nonconforming building or structure within the existing building footprint is permitted provided the applicable building, fire, health and safety codes are met and that the remodeling is not being done to expand a nonconforming use.

Maintenance and repair of a nonconforming building or structure is expressly permitted to the extent necessary to comply with applicable health and safety regulations or minimum building standards or to otherwise prevent injury to person or property.

A nonconforming site element, such as landscaping, site lighting, parking lot improvements or other nonconforming site elements or improvements or portions thereof typically reflected on an approved development plan, may be repaired, maintained or demolished and, once demolished, may not thereafter be reconstructed.

The city manager or designee may approve an amendment to an approved landscape plan for a nonconforming property to allow a change in landscape materials.

Whenever a nonconforming use is abandoned, all nonconforming rights shall cease and the use cannot be reestablished. All future use of the property shall be in conformance with this chapter. Abandonment shall involve the discontinuance of a nonconforming operation, regardless of the intent of the owner, and the actual act of discontinuance. Any nonconforming use that is discontinued for a period of six months shall be considered to have been abandoned.

Whenever a nonconforming building, structure, or other site element is abandoned, all nonconforming rights shall cease, and the use of the building, structure, or site element shall henceforth be in conformance with this chapter. Any nonconforming building or structure that remains vacant, or any nonconforming site element which is damaged and remains unrepaired, for a period exceeding six months, the owner of which has failed to respond to notice of abandonment or damage delivered by certified letter, shall be considered abandoned. Additional factors considered to determine abandonment include violation of the nuisance ordinance, failure to pay property taxes or failure to secure the building or structure.

A nonconforming building, structure, site element or portion thereof may be demolished and once demolished shall not thereafter be reconstructed in its previous configuration.

If a nonconforming building, structure, or site element is partially destroyed by fire, explosion, windstorm, flood or other casualty or act of God or public enemy amounting to less than 50 percent of its replacement value, reconstruction is permitted provided the repaired building, structure, or site element shall not exceed the lot coverage, gross floor area or height [of the] original improvement and shall not increase the degree of any nonconformity.

If a nonconforming building, structure, or site element is totally destroyed or partially destroyed by fire, explosion, windstorm, flood or other casualty or act of God or public enemy amounting to more than 50 percent of its replacement value, reconstruction may be permitted after a hearing and favorable action by the board, provided the repaired or new building, structure, or site element shall not exceed the lot coverage, gross floor area or height of the original improvement and shall not increase the degree of any nonconformity.

A platted lot recorded in the official records of Comal County that has less area than herein required may be used for uses permitted in the respective district, and no lot shall be reduced in area below the minimum lot size requirements set forth in article 14.03 herein.

Where a building setback line has been established by a plat or other recorded restriction prior to the property being incorporated or annexed into the city, and such line requires a different building setback than is prescribed by article 14.03 for the district in which the building setback line is located, the setback shall comply with the building line so established by such plat or recorded instrument. However, no such front setback shall be less than 50 feet, and no such side or rear setback shall be less than six feet, unless approved by the zoning board of adjustment by special exception. The alternative setback requirements of this section shall only apply in the R-1, R-2, and R-3 districts.