Cedar Park, TX Zoning Ordinance

Cedar Park City Zoning Code

ARTICLE 11

07 NONCONFORMITIES

§ 11.07.001 Definitions.

Nonconforming structure means a structure that does not conform to the regulations of this Chapter, but that was lawfully constructed under the regulations in force at the time of construction and use of the structure has not ceased, as defined herein, since that time.

Nonconforming use means a use that does not conform to the use regulations of this Chapter, but that was lawfully established under the regulations in force at the beginning of operation and has not ceased, as defined herein, since that time.

(Ordinance CO02-17-11-09-H1, exh. A, sec. 11.07.01, adopted 11/9/17)

§ 11.07.002 General regulations.

Lawful status.

Nonconforming uses and nonconforming structures are permitted except as provided in this Article 11.07.

Unlawful status.

Nonconforming uses and nonconforming structures do not include those uses or structures which in whole or in part are not in conformance with current zoning standards and were not in conformance with applicable standards at the time of their inception.

Annexation.

Nonconforming uses and nonconforming structures include those uses and structures that were in existence prior to annexation pursuant to Texas Local Government Code section 43.002, Continuation of Land Use.

Change in district boundaries.

Nonconforming uses and nonconforming structures include those uses and structures that were in existence and lawful at the time of the change in a zoning district boundary pursuant to this Chapter and have since been in regular continuous use.

Burden of demonstration.

The burden of establishing that a nonconforming use or nonconforming structure is still a lawful nonconformity shall be borne by the owner or the proponent of such nonconformity.

Determination of nonconforming status.

A determination of a nonconforming status shall be made by the Administrator, subject to appeal to the board of adjustment.

(Ordinance CO02-17-11-09-H1, exh. A, sec. 11.07.02, adopted 11/9/17)

§ 11.07.003 Nonconforming use regulations.

Expansion prohibited.

A nonconforming use shall not be expanded or increased in any manner. An expansion of a nonconforming use includes (1) additional off-street loading or off-street parking to accommodate the nonconforming use; and (2) additional patio cover, porch, and/or canopy to accommodate the nonconforming use.

Loss of nonconforming use status.

The right to operate a nonconforming use ceases if: (1) such use is lost pursuant to section 11.07.005, Amortization of Nonconforming Uses and Nonconforming Structures; (2) the use is changed; or (3) the intent of the owner to discontinue the use is apparent, as determined by the Administrator. Factors to consider by the Administrator when determining apparent intent include:

Discontinuance of the use for a period of 180 days or more; and

Removal of the characteristic equipment and furnishings of the nonconforming use have been removed from the premises and have not been replaced by similar equipment within 180 days or more.

(Ordinance CO02-17-11-09-H1, exh. A, sec. 11.07.03, adopted 11/9/17)

§ 11.07.004 Nonconforming structure regulations.

Destruction or damage.

If a nonconforming structure is damaged or destroyed or declared unsafe by the Building Official to an extent that repairs would equal or exceed 60 percent of its total appraised value as determined by the appraisal district, the structure may not be rebuilt except to conform to the provisions of this Chapter.

If a nonconforming structure is damaged or destroyed or declared unsafe by the Building Official to an extent that repairs would equal less than 60 percent of its total appraised value as determined by the appraisal district, the structure may be rebuilt in conformance with the regulations in place at the time of the original construction of the nonconforming structure, provided: construction begins within six (6) months of the destruction and is diligently pursued to completion; and the existing square footage or function of the nonconforming structure is not expanded.

Expansion of nonconforming structure.

Major expansion.

A nonconforming structure expanded by more than 10 percent or 2,000 square feet of its gross floor area, whichever is less, shall fully comply with this Chapter. This requirement shall apply to the original, pre-expanded, portion of the structure as well.

Minor expansion.

A nonconforming structure expanded by 10 percent or less of its gross floor area, or 2,000 square feet, whichever is less, may be constructed in conformance with the regulations in place at the time of the original construction of the nonconforming structure. The gross floor area of a nonconforming structure may only be increased once.

Repairs.

Routine repairs of nonconforming structures are permitted. Routine maintenance includes: repairs required by applicable law, painting, and incidental alterations such as the relocation of walls, partitions, fixtures, wiring or plumbing which do not enlarge or intensify the nonconforming structure, or materially extend their life.

Moving.

A nonconforming structure shall not be moved in whole or in part to another location in the City unless every portion of the structure is made to conform to this Chapter in the zoning district in which it is to be located.

Loss of nonconforming structure status.

The right to occupy a nonconforming structure ceases if: (1) such structure is required to comply with this Chapter pursuant to section 11.07.005, Amortization of Nonconforming Uses and Nonconforming Structures; (2) the structure is changed pursuant to this section; or (3) the intent of the owner to vacate the structure is apparent, as determined by the Administrator. Factors to consider by the Administrator when determining apparent intent include:

Vacation of the structure for a period of 180 days or more;

Removal of the characteristic equipment and furnishings of the nonconforming structure from the premises and have not been replaced by similar equipment within 180 days or more.

(Ordinance CO02-17-11-09-H1, exh. A, sec. 11.07.04, adopted 11/9/17)

§ 11.07.005 Amortization of nonconforming uses and nonconforming structures.

Qualifications for amortization consideration.

Public necessity.

Any person, who resides or owns real property in the City may request that the City Council establish a compliance (amortization) date for a nonconforming use or a nonconforming structure. Upon receipt of such request, the City Council shall determine whether this is a public necessity for expedited compliance (amortization) with this Chapter, based upon consideration of the following factors:

Nonconforming use:

The character of the surrounding neighborhood;

ii.

The degree of incompatibility of the use to the zoning district in which it is located;

iii.

The effect of the nonconforming use on the surrounding area and the effect of its cessation on that area;

iv.

The manner in which the use is being conducted;

The hours of operation of the use;

vi.

The extent to which continued operation of the use may threaten public health or safety.

vii.

The environmental impacts of the use’s operation, including but not limited to the impacts of noise, glare, dust, and odor;

viii.

The extent to which public disturbances may be created or perpetuated by continued operation of the use;

ix.

The extent to which traffic or parking problems may be created or perpetuated by continued operation of the use; and

Any other factors relevant to the issue of whether continued operation of the use will adversely affect nearby properties.

Nonconforming structure:

The character of the surrounding neighborhood;

ii.

The degree of incompatibility of the structure to the zoning district in which it is located;

iii.

The effect of the nonconforming structure on the surrounding area and the effect of its cessation on that area;

iv.

The extent to which continued operation of the structure may threaten public health or safety; and

Any other factors relevant to the issue of whether continued operation of the structure will adversely affect nearby properties.

Lack of public necessity.

If the City Council finds there is not a public necessity for expedited compliance with this Chapter, the City Council shall request that the Planning and Zoning Commission initiate a public hearing in accordance with this Chapter to determine the proper zoning of the property on which the use is located.

Amortization period.

If the City Council finds that there is a public necessity for expedited compliance with the zoning regulations, the City Council shall, in accordance with the law, provide a compliance date for the nonconforming use or nonconforming structure under a plan whereby the owner’s actual investment in the nonconforming use or nonconforming structure, fixed equipment and other assets (excluding inventory and other assets that may be feasibly transferred to another site) on the property before the time that the use became nonconforming can be amortized within a definite time period.

The following factors must be considered by the City Council in determining a reasonable amortization period:

The owner’s capital investment in structures, fixed equipment and other assets (excluding inventory and other assets that may be feasibly transferred to another site) on the property before the time the use and/or structure became nonconforming;

Any costs that are directly attributable to the owner and the establishment of compliance date, including demolition expenses, relocation expenses, termination of leases, and discharge of mortgages;

Any return on capital investment since inception of the use and/or use of the structure, including net income and depreciation; and

The anticipated actual recovery of capital investment, including net income and depreciation.

If the City Council finds that the owner did not have an investment in the nonconforming use or nonconforming structure before it became a nonconforming use or nonconforming structure, the owner is not entitled to an amortization period to recover any of the costs set forth in this subsection B. The City Council in its sole discretion, however, may give the owner a reasonable time to wind-down its operation.

For purposes of setting a compliance date/amortization period, the term “owner” shall mean the owner of the nonconforming use or nonconforming structure at the time the City Council determination of a compliance date/amortization period is made.

Compliance requirement.

If the City Council establishes a compliance date for a nonconforming use or nonconforming structure, the use must cease operations or the structure must be removed on or before that date.

(Ordinance CO02-17-11-09-H1, exh. A, sec. 11.07.05, adopted 11/9/17)

Cedar Park City Zoning Code

ARTICLE 11

07 NONCONFORMITIES

§ 11.07.001 Definitions.

(Ordinance CO02-17-11-09-H1, exh. A, sec. 11.07.01, adopted 11/9/17)

§ 11.07.002 General regulations.

Lawful status.

Nonconforming uses and nonconforming structures are permitted except as provided in this Article 11.07.

Unlawful status.

Annexation.

Change in district boundaries.

Burden of demonstration.

The burden of establishing that a nonconforming use or nonconforming structure is still a lawful nonconformity shall be borne by the owner or the proponent of such nonconformity.

Determination of nonconforming status.

A determination of a nonconforming status shall be made by the Administrator, subject to appeal to the board of adjustment.

(Ordinance CO02-17-11-09-H1, exh. A, sec. 11.07.02, adopted 11/9/17)

§ 11.07.003 Nonconforming use regulations.

Expansion prohibited.

Loss of nonconforming use status.

Discontinuance of the use for a period of 180 days or more; and

Removal of the characteristic equipment and furnishings of the nonconforming use have been removed from the premises and have not been replaced by similar equipment within 180 days or more.

(Ordinance CO02-17-11-09-H1, exh. A, sec. 11.07.03, adopted 11/9/17)

§ 11.07.004 Nonconforming structure regulations.

Destruction or damage.

Expansion of nonconforming structure.

Major expansion.

Minor expansion.

Repairs.

Moving.

Loss of nonconforming structure status.

Vacation of the structure for a period of 180 days or more;

Removal of the characteristic equipment and furnishings of the nonconforming structure from the premises and have not been replaced by similar equipment within 180 days or more.

(Ordinance CO02-17-11-09-H1, exh. A, sec. 11.07.04, adopted 11/9/17)

§ 11.07.005 Amortization of nonconforming uses and nonconforming structures.

Qualifications for amortization consideration.

Public necessity.

Nonconforming use:

The character of the surrounding neighborhood;

ii.

The degree of incompatibility of the use to the zoning district in which it is located;

iii.

The effect of the nonconforming use on the surrounding area and the effect of its cessation on that area;

iv.

The manner in which the use is being conducted;

The hours of operation of the use;

vi.

The extent to which continued operation of the use may threaten public health or safety.

vii.

The environmental impacts of the use’s operation, including but not limited to the impacts of noise, glare, dust, and odor;

viii.

The extent to which public disturbances may be created or perpetuated by continued operation of the use;

ix.

The extent to which traffic or parking problems may be created or perpetuated by continued operation of the use; and

Any other factors relevant to the issue of whether continued operation of the use will adversely affect nearby properties.

Nonconforming structure:

The character of the surrounding neighborhood;

ii.

The degree of incompatibility of the structure to the zoning district in which it is located;

iii.

The effect of the nonconforming structure on the surrounding area and the effect of its cessation on that area;

iv.

The extent to which continued operation of the structure may threaten public health or safety; and

Any other factors relevant to the issue of whether continued operation of the structure will adversely affect nearby properties.

Lack of public necessity.

Amortization period.

The following factors must be considered by the City Council in determining a reasonable amortization period:

Any costs that are directly attributable to the owner and the establishment of compliance date, including demolition expenses, relocation expenses, termination of leases, and discharge of mortgages;

Any return on capital investment since inception of the use and/or use of the structure, including net income and depreciation; and

The anticipated actual recovery of capital investment, including net income and depreciation.

Compliance requirement.

If the City Council establishes a compliance date for a nonconforming use or nonconforming structure, the use must cease operations or the structure must be removed on or before that date.

(Ordinance CO02-17-11-09-H1, exh. A, sec. 11.07.05, adopted 11/9/17)

Cedar Park City Zoning Code

ARTICLE 11

07 NONCONFORMITIES

§ 11.07.001 Definitions.

(Ordinance CO02-17-11-09-H1, exh. A, sec. 11.07.01, adopted 11/9/17)

§ 11.07.002 General regulations.

Lawful status.

Nonconforming uses and nonconforming structures are permitted except as provided in this Article 11.07.

Unlawful status.

Annexation.

Change in district boundaries.

Burden of demonstration.

The burden of establishing that a nonconforming use or nonconforming structure is still a lawful nonconformity shall be borne by the owner or the proponent of such nonconformity.

Determination of nonconforming status.

A determination of a nonconforming status shall be made by the Administrator, subject to appeal to the board of adjustment.

(Ordinance CO02-17-11-09-H1, exh. A, sec. 11.07.02, adopted 11/9/17)

§ 11.07.003 Nonconforming use regulations.

Expansion prohibited.

Loss of nonconforming use status.

Discontinuance of the use for a period of 180 days or more; and

Removal of the characteristic equipment and furnishings of the nonconforming use have been removed from the premises and have not been replaced by similar equipment within 180 days or more.

(Ordinance CO02-17-11-09-H1, exh. A, sec. 11.07.03, adopted 11/9/17)

§ 11.07.004 Nonconforming structure regulations.

Destruction or damage.

Expansion of nonconforming structure.

Major expansion.

Minor expansion.

Repairs.

Moving.

Loss of nonconforming structure status.

Vacation of the structure for a period of 180 days or more;

Removal of the characteristic equipment and furnishings of the nonconforming structure from the premises and have not been replaced by similar equipment within 180 days or more.

(Ordinance CO02-17-11-09-H1, exh. A, sec. 11.07.04, adopted 11/9/17)

§ 11.07.005 Amortization of nonconforming uses and nonconforming structures.

Qualifications for amortization consideration.

Public necessity.

Nonconforming use:

The character of the surrounding neighborhood;

ii.

The degree of incompatibility of the use to the zoning district in which it is located;

iii.

The effect of the nonconforming use on the surrounding area and the effect of its cessation on that area;

iv.

The manner in which the use is being conducted;

The hours of operation of the use;

vi.

The extent to which continued operation of the use may threaten public health or safety.

vii.

The environmental impacts of the use’s operation, including but not limited to the impacts of noise, glare, dust, and odor;

viii.

The extent to which public disturbances may be created or perpetuated by continued operation of the use;

ix.

The extent to which traffic or parking problems may be created or perpetuated by continued operation of the use; and

Any other factors relevant to the issue of whether continued operation of the use will adversely affect nearby properties.

Nonconforming structure:

The character of the surrounding neighborhood;

ii.

The degree of incompatibility of the structure to the zoning district in which it is located;

iii.

The effect of the nonconforming structure on the surrounding area and the effect of its cessation on that area;

iv.

The extent to which continued operation of the structure may threaten public health or safety; and

Any other factors relevant to the issue of whether continued operation of the structure will adversely affect nearby properties.

Lack of public necessity.

Amortization period.

The following factors must be considered by the City Council in determining a reasonable amortization period:

Any costs that are directly attributable to the owner and the establishment of compliance date, including demolition expenses, relocation expenses, termination of leases, and discharge of mortgages;

Any return on capital investment since inception of the use and/or use of the structure, including net income and depreciation; and

The anticipated actual recovery of capital investment, including net income and depreciation.

Compliance requirement.

If the City Council establishes a compliance date for a nonconforming use or nonconforming structure, the use must cease operations or the structure must be removed on or before that date.

(Ordinance CO02-17-11-09-H1, exh. A, sec. 11.07.05, adopted 11/9/17)