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Cotulla City Zoning Code

ARTICLE VI

- NONCONFORMING USES

Sec. 58-209. - Defined.

Any use of property existing at the time of passage of the ordinance from which this chapter is derived, and not in compliance with the provisions herein, shall be considered a nonconforming use; except, existing duplex or apartment uses, or the existing lawful use of a building in any business or industry, which shall thereafter be deemed conforming for the purposes of this chapter.

(Code 1987, app. A, art. VII, § 1; Ord. No. 1-12-84-B, art. VII, § 1, 1-12-1984)

Sec. 58-210. - Compliance.

The lawful use of land existing at the time of the passage of the ordinance from which this chapter is derived, even though such does not conform to the provisions herein, may be continued; but, if such nonconforming use is abandoned, any further use of said premises shall conform to the provisions of this chapter.

(Code 1987, app. A, art. VII, § 2; Ord. No. 1-12-84-B, art. VII, § 2, 1-12-1984)

Sec. 58-211. - Change of use.

If lawful at the time of passage of the ordinance from which this chapter is derived, the use of a building may be continued although it does not conform to the provisions herein; and, such use may be extended throughout the building if no structural alteration, except those required by law or ordinance, is made thereto. If no structural alteration is made, a nonconforming use of a building may be changed to another nonconforming use of the same or a more restricted use classification; however, once changed to a nonconforming use of a higher or more restricted classification, use shall not later revert to a former lower or less restricted classification.

(Code 1987, app. A, art. VII, § 3; Ord. No. 1-12-84-B, art. VII, § 3, 1-12-1984)

Sec. 58-212. - Regulations.

The right of a nonconforming use to continue shall be subject to regulations governing maintenance of the premises and conditions of operation if, in the judgment of the board of adjustment, such may be reasonably required for the protection of adjacent property.

(Code 1987, app. A, art. VII, § 4; Ord. No. 1-12-84-B, art. VII, § 4, 1-12-1984)

Sec. 58-213. - Destruction.

In case of partial destruction by fire or other causes, not exceeding 50 percent of its value, the official designated by the city council may issue a permit for reconstruction of a nonconforming use building. If destruction is greater than 50 percent but less than total, the board of adjustment may grant permission for repair, but not without a public hearing, after taking into consideration the property rights of the persons affected, the public welfare, the character of the surrounding area, and the conservation and preservation of property.

(Code 1987, app. A, art. VII, § 5; Ord. No. 1-12-84-B, art. VII, § 5, 1-12-1984)