(a)

Purpose. The purpose of this article is to:

(1)

Continuance. Allow for the continuance of an existing nonconformity that may be maintained, repaired, or altered only if such development shall neither create an additional nonconformance nor increase the degree of existing noncompliance, nor prevent the return of the property to a conforming use;

(2)

No expansion. Ensure that nonconforming uses do not expand, and that nonconforming buildings do not extend to occupy land outside the building except for residential dwellings in conformance with the provisions of this article;

(3)

Protection. Protect conforming uses and structures from nuisances that may be associated with nonconformities;

(4)

Elimination. Eliminate substantially damaged or abandoned nonconformities whose degrees of incompatibility with adjacent land uses are high; and

(5)

Balance. Balance the city's objective to eliminate nonconformities with a landowner's right to maintain and make use of a nonconformity.

(b)

Applicability.

(1)

Generally. This article's regulations apply to all nonconformities. Uses, buildings or structures, lots, signs, or site elements that were illegally established or constructed are not nonconformities and the provisions of this article do not apply to them; they instead remain "unlawful" and are violations of this ordinance.

(2)

Territorial changes. Whenever zoning district boundaries change to a different zoning district from annexation, these regulations apply to any existing nonconformity.

(3)

Exemptions.

a.

Nonconformities created by public action. Any nonconforming structure or land expressly created or caused by a conveyance of privately owned land to a federal or state government to serve a public purpose or use, or to a local government to serve a public use, is deemed conforming for the purposes of this ordinance and is not subject to the limitations of this article. This exemption applies only in cases where private land is obtained by a governmental entity for a public purpose or use, as applicable, through condemnation, threat of condemnation, or otherwise, which creates a nonconformity in the remainder parcel in terms of setback, lot size, or other applicable standards of this ordinance. This exemption does not apply to right-of-way dedication or other public conveyances of land required by the city in the course of routine site plan approvals.

b.

Nonconformities created by variances. Any nonconformity created or caused by the approval of a variance, in accordance with subsection 20-6-4(b), Variance, is conforming for the purposes of this ordinance and is not subject to the limitations of this article.

(c)

Damage or destruction of nonconforming use.

(1)

Nothing in this zoning ordinance shall prevent the restoration within twelve (12) months of a nonconforming building or structure which has been damaged or destroyed by fire, explosion, flood, tornado, riot, or accident of any kind or the continuance of any use therein which existed immediately prior to such damage or destruction, if the cost of restoration or reconstruction does not exceed fifty (50) percent of the value of the building or structure immediately prior to such damage or destruction.

(2)

If a structure accommodating or serving a nonconforming use or a nonconforming structure or building is damaged or destroyed to the extent that the costs of reconstruction or restoration shall not exceed fifty (50) percent of its value immediately prior to the damage or destruction, the structure may be rebuilt and the nonconforming use may be resumed, but such use, structure or building cannot be expanded. If there are substantial changes proposed for the structure, a site plan must be submitted for review in the manner provided in the city's ordinances.

(3)

If a structure accommodating or serving a nonconforming use or a nonconforming structure or building is damaged or destroyed to the extent that the costs of reconstruction or restoration exceed fifty (50) percent of its value immediately prior to the damage or destruction, the board of adjustment may grant a permit for repair, but not for the enlargement of the building structure, only after consideration has been given for removal of the nonconforming feature. If there are substantial changes proposed for the structure, a site plan must be submitted for review in the manner provided in the city's ordinances.

(4)

For purposes of this section only:

a.

The "cost" of renovation, reconstruction, restoration, repair, or replacement shall mean the fair market value of the materials and services necessary to accomplish such renovation, reconstruction, restoration, repair, or replacement, and shall include the total cost of all such intended work. No person may seek to avoid the intent of this section by doing the work incrementally.

b.

The "value" shall mean either the appraised valuation of the building or structure for property tax purposes, updated as necessary by the increase in the Consumer Price Index since the date of the last valuation, or the valuation determined by a professionally recognized property or building appraiser; however, said "value" shall not include the cost of the land or any factors other than the replacement value of the nonconforming building or structure itself, including the foundation.

(5)

The building official shall issue a permit authorized by this section if he finds that in completing the renovation, repair, or replacement work for the referenced destruction of fifty (50) percent or less of the nonconforming building or structure, no violation of this section will occur and that the owner shall not lose his or her right to continue the nonconforming use.

(Ord. No. 2023-36, § 2(Exh. A), 10-17-23)

(a)

Nonconforming uses.

(1)

Defined. A nonconforming use means any use that:

a.

Previously conforming. On the effective date of this ordinance, was previously lawfully established and complied with the applicable regulations in effect at the time it was established, but does not comply with the applicable regulations of this ordinance;

b.

Nonconforming due to amendment. On or after the effective date of this ordinance, was lawfully operating according to this ordinance's provisions but which use, by ordinance amendment, or other governmental action, then became a non-permitted use in the district in which the use is located; or

c.

Nonconforming due to annexation. On the effective date of this ordinance, was legally existing before the property was annexed into the corporate limits of the city.

(2)

Limitations.

a.

Continuance. A nonconforming building or structure may be continued and may be maintained, repaired, or altered only if such development shall neither create an additional nonconforming use nor increase the degree of existing noncompliance of all or any part of such structure or building, nor prevent the return of the property to a conforming use.

b.

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

c.

Expansion. No nonconforming use of land 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.

(b)

Nonconforming buildings or structures.

(1)

Defined. A nonconforming building or structure means any existing building or structure erected or modified on or before the effective date of this ordinance that complied with the regulations in effect at the time it was erected or modified but that does not comply with all the regulations applicable in this ordinance.

(2)

Limitations.

a.

Continuance. Subject to this section, any nonconforming building or structure may be occupied, operated, and maintained in a state of good repair.

b.

Necessary repairs.

i.

After inspection and findings by the building official, the zoning administrator may order a substandard or unsafe nonconforming structure or building to be restored to a safe condition, so long as the structure or building is not a public health, safety, or welfare hazard, and said repairs do not exceed fifty (50) percent of the replacement cost of such building or structure.

ii.

If the unsafe or substandard nonconforming structure or building cannot be restored to a safe condition as required by any applicable ordinance of the city and the cost of repairing such building or structure in lawful compliance with the applicable ordinance exceeds fifty (50) percent of the replacement costs of such building or structure, then the board of adjustment may order the structure or building repaired, removed, or demolished after conducting a public hearing in which the property owner and/or owner of the unsafe or substandard structure or building is notified in writing of the date, time, place, and purpose of said public hearing.

(c)

Nonconforming lots.

(1)

Defined. A nonconforming lot means any existing lot created on or before the effective date of this ordinance that complied with the regulations in effect at the time of creation but that does not comply with all the regulations applicable in this ordinance.

(2)

Continuance. The nonconforming lot may be used for any use allowed by the zoning district in which it is located, if:

a.

Access to street. The lot has direct access to an existing improved public or private street or alley;

b.

Contiguous properties. The lot is in separate ownership from all adjacent and contiguous parcels, therefore preventing acquisition of the additional land area needed to comply with the standards that would normally apply to the creation of the lot; and

c.

Other standards. Development on the lot complies with applicable standards of this ordinance.

(3)

Creation of nonconforming lots prohibited. The creation of lots shall not result in a lot area or dimension that does not meet the minimum standards of this ordinance.

(d)

Nonconforming signs. For nonconforming signs, refer to Chapter 16.5, Stay Basic Sign Regulations, of the City's Code of Ordinances.

(e)

Other nonconforming site elements.

(1)

Defined. A nonconforming site element is any site element established on or after the effective date of this ordinance that complied with the regulations in effect at the time of development but that does not comply with all the regulations applicable in this ordinance. Examples of a site element include parking, loading, stacking, landscaping, bufferyards, outdoor lighting, or other site conditions or standards required by Article IV, Development Standards.

(2)

Continuance. Nonconforming site elements may continue if there is no site expansion, enlargement, or extension of the use or structure.

(3)

Compliance. If a structure or use is expanded, enlarged, or extended, nonconforming site elements shall comply with the standards of this zoning ordinance based on the requirements of Table 20-4-1-1, Development Standards Applicability.

(Ord. No. 2023-36, § 2(Exh. A), 10-17-23)

(a)

Change of nonconforming use to a conforming use. In the event a nonconforming use is changed to a conforming use, then the prior nonconforming use is hereby deemed to be abandoned.

(b)

Change of nonconforming use.

(1)

Applicability. The board of adjustment may, after public notice and hearing as required in Texas Local Government Code Chapter 211, Municipal Zoning Authority, authorize the following:

a.

The reconstruction, extension, or enlargement of a building occupied as a nonconforming use; or

b.

The extension of a nonconforming use in a building upon a lot occupied as a nonconforming use.

(2)

Decision criteria. In granting the expansion, the board of adjustment may provide conditions of approval that, in its opinion, will secure substantially the purpose and intent of this zoning ordinance as articulated in section 20-1-2, Purposes.

(c)

Discontinuance of a nonconforming use.

(1)

When a nonconforming use of land or a nonconforming use of all or part of a structure is discontinued for a period of six (6) months, such use shall conclusively be deemed to have been abandoned and shall not be resumed. However, normal, seasonal cessation of a use or temporary discontinuance for purposes of maintenance, rebuilding after damage or destruction pursuant to section 20-7-1.c, Damage or Destruction of Nonconforming Use, shall not be included in the period of discontinuance. However, in no case shall this period be in excess of eighteen (18) months.

(2)

For the purposes of determining whether a right to continue a nonconforming situation exists pursuant to this section, all of the buildings, activities, and operations maintained on a lot are generally to be considered as a whole. For example, the failure to rent one (1) apartment in a nonconforming apartment building for six (6) months shall not result in a loss of the right to rent that apartment space thereafter so long as the apartment building as a whole is continuously maintained.

(3)

If a nonconforming use is maintained in conjunction with a conforming use, discontinuance of the nonconforming use for the required period shall terminate the right to maintain it thereafter and said nonconforming use is deemed abandoned.

(d)

Amortization of nonconforming uses. The board of adjustment may conduct a public hearing to consider an action to cease an existing nonconforming use by request of adjacent property owners or by the city. If the board of adjustment votes to cease the nonconforming use, then it shall determine the nature and extent of the amortization for land uses and structures in accordance with section 20-7-1.c, Damage or Destruction of Nonconforming Use. For the purposes of this section, amortization shall be defined as being a method of eliminating nonconforming uses by requiring termination of the nonconforming use after a specified period of time. The specified period of time must be sufficient to allow the property owner to recoup his or her investment on the property in question.

(e)

Termination of nonconforming uses. The right to continue a nonconforming use shall cease and such use shall be terminated under any of the following circumstances:

(1)

When the right to maintain or operate a nonconforming use has been terminated by the board of adjustment as provided in section 20-5-3, Board of Adjustment, duties;

(2)

When a building or structure is substandard under any applicable ordinance of the city and the cost of repairing such building or structure in lawful compliance with the applicable ordinance exceeds fifty (50) percent of the value of such building or structure;

(3)

When the structure in which a nonconforming use is housed, operated, or maintained is damaged to the extent of more than fifty (50) percent of its replacement value except as granted by the board of adjustment;

(4)

When a nonconforming use is changed to a conforming use;

(5)

When any provision of this section or any other ordinance, federal, or state statute is violated with respect to a nonconforming use;

(6)

When an original nonconforming use is changed to a more restrictive use, the original nonconforming use is abandoned; or

(7)

When such use is abandoned.

(Ord. No. 2023-36, § 2(Exh. A), 10-17-23)