Within the districts established by this ordinance or any amendments thereto, there may exist lots, buildings, or structures, uses of land, buildings, or structures, and characteristics of use 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 thereof. It is the intent of this ordinance to permit those nonconformities to continue until they close or are removed, but not to encourage their survival. It is further the intent of this ordinance that nonconformities shall not be enlarged, expanded, or extended, or be used as grounds for adding other buildings, structures, or uses prohibited elsewhere in the same district.

Nonconforming uses are declared by this ordinance to be incompatible with permitted uses in the districts involved. Unless otherwise specifically permitted by this ordinance, a nonconforming use of land, of a building or structure, or of land and a building or structure in combination shall not be extended or enlarged from and after the effective date of this ordinance.

To avoid undue hardship, nothing in this ordinance shall be deemed to require a change in plans, construction, or designated use of any building or structure on which actual construction was lawfully begun prior to the effective date of this ordinance and which actual construction had been carried on diligently. "Actual construction" shall include the placing of construction materials in permanent position and fastened in a permanent manner on the premises.

The nonconforming use of land where no building is involved existing on the effective date of this ordinance may be continued for a period of not more than two (2) years thereafter; provided, however, no such nonconforming use of land shall in any way be expanded or extended either on the same or on adjoining property, and that if such nonconforming use of land or any portion thereof is discontinued or changed, any future use of such land shall be in conformity with the regulations of the district in which it is situated.

See sections 5.05 and 6.05 of this ordinance.

(Ord. No. 14-447, § 17, 10-21-14)

The nonconforming use of a building which use was in lawful existence on the effective date of this ordinance may be continued, subject to the following conditions and limitations:

A.

Voluntary cessation or removal. If a nonconforming use of a building is voluntarily ceased or removed, the future use of such building and premises must conform with the provisions of this ordinance.

B.

Discontinuance. If a nonconforming use of a building is discontinued for a continuous period of one (1) year, further use of such building and premises must conform with the provisions of this ordinance.

C.

Change of use. If a nonconforming use of a building is changed to a conforming use, it may not thereafter be changed back to a nonconforming use.

D.

Obsolescence or destruction of building. If the building in which a nonconforming use was in lawful existence on the effective date of this ordinance becomes obsolete or is totally destroyed by fire or other force or means, such use shall not be extended or continued on the premises and such building shall not be rebuilt except in conformity with the provisions hereof and for a use permitted in the district in which it is located. In the event such building is partially destroyed by fire or other force or means to the extent that the cost of repair exceeds fifty (50) percent of the value of the structure at the time of its partial destruction, it shall not be restored, rebuilt, or repaired unless it is made to conform to the regulations of the district in which it is situated and it and the premises upon which it is located are changed to a permitted use in such district. For purposes of this subsection, the value of the structure shall be the average cost per square foot of all new construction within the city for the last three (3) years based on certified values from the Harris County Appraisal District.

(Ord. No. 10-392, § 2, 5-18-10)

A building or structure lawfully existing on the effective date of this ordinance which is made nonconforming by the provisions of this ordinance for the reason that it could not be built under the terms hereof because of restrictions set forth herein relating to building area, lot coverage, height, yards, setback requirements, its location on the lot, or other requirements pertaining to buildings and structures, it may be continued as long as it remains otherwise lawful, subject to the following limitations and conditions:

A.

Enlargement or alteration. No such nonconforming building or structure shall be enlarged or altered in a manner which increases its nonconformity; however, such building or structure may be altered to decrease its nonconformity.

B.

Destruction. In the event such nonconforming building or structure or the nonconforming portion thereof should be destroyed by any force or means to the extent that the cost of repair exceeds fifty (50) percent of the value of the structure at the time of such destruction, it shall not be reconstructed except in conformity with the provisions of this ordinance. For purposes of this subsection, the value of the structure shall be the average cost per square foot of all new construction within the city for the last three (3) years based on certified values from the Harris County Appraisal District, as set forth in the City of Bunker Hill Village Fee Schedule as adopted by city council..

C.

Moved or relocated. Should any such nonconforming building or structure be relocated or moved any distance whatever for any reason, it shall thereafter be made to conform to the regulations of the district in which it is relocated or to which it is moved.

This section shall not apply to the reconstruction of accessory or driveway structures whereby the reconstruction consists of the same, or less, land use, location, and size as the improvements previously in place. Reconstruction of the main structure requires all nonconforming aspects of the lot to be resolved.

(Ord. No. 10-392, § 3, 5-18-10; Ord. No. 14-447, § 18, 10-21-14)

A.

On any nonconforming building or structure, work may be done on ordinary maintenance and repair.

B.

On any nonconforming building or structure, the modification or replacement of nonbearing walls, fixtures, wiring, plumbing, and similar items shall be allowed after the owner thereof or his duly authorized representative has obtained any and all necessary permits to perform such work, only under the following conditions:

1.

The cubic content of such building or structure existing at the time it became nonconforming shall not be increased; and

2.

The modification of an existing structure involves structural modifications, including wall or ceiling board replacement, in rooms constituting no more than fifty (50) percent of the climate controlled square footage of the structure; provided, however, that this subsection shall not apply to situations where the wall board replacement is for the lowest forty-eight (48) inches of the first floor of the structure within sixty (60) days of a verifiable water damage event; and

3.

The cost of repair or modification does not exceed fifty (50) percent of the value of the structure prior to the repair or modification. For purposes of this subsection, the value of the structure shall be the average cost per square foot of all new construction within the city for the last three (3) years based on certified values from the Harris County Appraisal District, as set forth in the City of Bunker Hill Village Fee Schedule as adopted by city council.

This section shall not apply to the reconstruction of accessory or driveway structures whereby the reconstruction consists of the same, or less, land use, location, and size as the improvements previously in place. Reconstruction of the main structure requires all nonconforming aspects of the lot to be resolved."

(Ord. No. 10-392, § 4, 5-18-10; Ord. No. 14-447, § 19, 10-21-14)