1.

Within the districts established by this ordinance or amendments thereto, there exist lots, structures, uses of land and structures, and characteristics of use which were lawful before this ordinance was enacted, amended or otherwise made applicable to such lots, structures or uses, but which do not now conform to the regulations of the district in which they are located. Except when the board of adjustment provides a termination date for a nonconforming use as prescribed in section 12-40-8, it is the intent of this ordinance to permit such nonconforming uses to continue, as long as the conditions within this section and other applicable sections are met.

2.

It is further the intent of this ordinance that nonconforming uses shall not be enlarged upon, expanded or extended, and not be used as a basis for adding other structures or uses prohibited elsewhere in the same district.

3.

Nonconforming uses are hereby declared to be incompatible with the permitted uses in the districts involved.

(Ord. No. 91500-A-158)

Any use, platted lot, or structure which does not conform with the regulations of the zoning district in which it is located shall be deemed a nonconforming use or structure when:

1.

Such use, platted lot, or structure was in existence and lawfully operating at the time of the passage of the previous comprehensive zoning ordinance, Ordinance No. 297, adopted December 8, 1983 and the current comprehensive zoning ordinance, Ordinance No. 91500, adopted February 12, 1991, and has since been in regular and continuous use; or

2.

Such use, platted lot, or structure is a lawful use at the time of the adoption of any amendment to this ordinance but by such amendment is placed in a district wherein such use, platted lot or structure is not otherwise permitted and has since been in regular and continuous use; or

3.

Such use, platted lot, or structure was in existence at the time of annexation to the city and has since been in regular and continuous use.

(Ord. No. 91500-A-158)

1.

The lawful use of land or lawful existence of structures at the time of the passage of this ordinance, although such do not conform to the provisions hereof, may be continued; but if said nonconforming use or structure is discontinued or abandoned, any future use of said premises shall be in conformity with the provisions of this ordinance.

2.

Discontinuance of a nonconforming use shall commence on the actual act or date of discontinuance. Abandonment of a nonconforming structure shall commence on the act or date of abandonment.

3.

When a nonconforming use or structure which does not meet the development standards in this ordinance ceases to be used in such manner as stated in subsection 12-40-3 2. above for a period of six months, such use shall not be resumed and proof of such event shall constitute prima facie evidence of an act of a abandonment except as allowed in section 12-40-5. Any nonconforming use which does not involve a permanent type of structure or operation and which is moved from the premises shall be considered to have been abandoned.

4.

No nonconforming use or structure may be expanded, reoccupied with another nonconforming use, or increased except as provided in section 12-40-5.

(Ord. No. 91500-A-158)

1.

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

2.

Where a conforming use is located in a nonconforming structure, the use may be change to another conforming use by the process outlined in section 12-40-5 below.

3.

A nonconforming use may not be changed to another nonconforming use.

(Ord. No. 91500-A-158)

An expansion of a nonconforming use or structure is allowed in accordance with the following:

1.

A nonconforming use located within a building may be extended throughout the existing building, provided;

(A)

No structural alteration (except as provided in paragraph 5. below) may be made on or in the building except those required by law to preserve such building in a structurally sound condition.

(B)

The number of dwelling units or rooms in a nonconforming residential use shall not be increased so as to exceed the number of dwelling units or rooms existing at the time said use became a nonconforming use.

2.

No nonconforming use within a building may be extended to occupy any land outside the building.

3.

No nonconforming use of land or building shall be enlarged, increased, or extended to occupy a greater area of land than was occupied at the time the land became a nonconforming use, except to provide off-street loading or off-street parking space which complies with the dimensional, pavement material, screening and landscaping requirements of this ordinance.

4.

The minimum residential lot areas for the various zoning districts shall be in accordance with their respective districts except that a lot having less area than herein required which was an official "lot of record" prior to the adoption of this ordinance, may be used for a single-family dwelling.

5.

Buildings or structures which do not conform to the area regulations or development standards in this ordinance, but where the uses are deemed conforming, may be enlarged. Also, where the uses are deemed conforming, additional buildings or structures may be constructed on lots which contain buildings or structures which do not conform to the area regulations or development standards in this ordinance. In both cases, however, the total area of buildings and structures, after enlargement or addition, shall observe the current maximum lot coverage requirements of the district in which located, and all new construction and pavement to accommodate such enlargement or addition shall observe all the current area regulations and development standards of this ordinance.

6.

Buildings or structures which have been vacant or abandoned for more than six months and do not meet the current area regulations or development standards shall be allowed to be reoccupied by a conforming use if subsection 12-40-5 5. above is followed.

(Ord. No. 91500-A-158)

1.

If 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 structure not exceeding 50 percent of its total appraised value, as determined by the Dallas County Central Appraisal District, reconstruction will be permitted, but the square footage or function of the nonconforming use cannot be expanded.

(Ord. No. 91500-A-158)

Nothing herein contained shall require any change in the plans, construction, or designated use of one of the following:

1.

A building or structure for which a building permit has been issued or a site plan approved prior to the effective date of these zoning regulations; or

2.

A building or structure for which a substantially complete application for a building permit was accepted by the building official on or before the effective date of these regulations, provided however that such building permit shall comply with all applicable ordinances of the City of Coppell in effect on the date such application was filed and the building permit is issued within 30 days of the effective date of these regulations.

(Ord. No. 91500-A-158)

The board of adjustment shall provide a termination date for a nonconforming use under a plan whereby the owner's actual investment in the structure(s) prior to the time that the use became nonconforming can be amortized within a definite time period. The following factors must be considered by the board in determining a reasonable amortization period.

1.

The owner's capital investment in the structures on the property at the time the use became nonconforming.

2.

The amount of the investment realized to date and the amount remaining, if any, to be recovered during the amortization.

3.

The life expectancy of the investment.

4.

The existence or nonexistence of lease obligations, as well as any contingency clauses therein permitting termination of such leases.

5.

Removal costs that are directly attributable to the establishment of a termination date.

6.

Other costs and expenses that are directly attributable to the establishment of a termination date.

(Ord. No. 91500-A-158)