(a)

Nonconforming uses are those lawful uses of a premise that do not conform with the requirements of this chapter on the effective date hereof or any governing amendment thereto.

(b)

Nonconforming uses may be continued; such a use may be changed to a use of a higher classification, and if there are no structural alterations, such use may be changed to a use of the same classification. If it is changed to a use in a higher classification or to a conforming use, it cannot be changed back to the original nonconforming use. For the purposes of this subsection, the "same classification" means uses permitted in the same district; a "higher classification" means uses in a district having a lower section number.

(c)

If a nonconforming use is stopped for two (2) years or more, it then must conform to the use regulations.

(d)

Except for the types of uses provided for in subsection (e) hereof, a nonconforming use cannot be reconstructed unless changed to a conforming use, and cannot be enlarged or extended vertically except for the addition of air-conditioning equipment or enlarged or extended horizontally beyond the lot upon which it was located at the time that it became a nonconforming use, and then such enlargement or extension shall not encroach upon any yards required within the district in which the lot is located. No enlargement shall be in excess of fifty (50) per cent of the floor area of the nonconforming use existing on the date that such use became nonconforming by reason of this chapter.

(e)

Nonconforming industrial uses in the C-2-B Districts may be re-built, reconstructed, structurally altered or enlarged if the enlargements do not total more than a one hundred (100) per cent increase in cubical contents of buildings existing on the date that such use became nonconforming by reason of this chapter.

(f)

Where premises in an R District [were] used for open storage, such uses must be discontinued and the stored material removed within two (2) years after the effective date of this chapter. Where such premises were used for signs and billboards, such uses must be discontinued and the signs and billboards removed within ten (10) years from the date such signs were erected, or five (5) years after the effective date of this chapter, whichever is longer.

(g)

All junkyards shall conform with the requirements of this chapter within two (2) years after the effective date of this chapter.

Where the enforcement of this section would impose an undue hardship on any property owner concerned, said property owner shall have the right to appeal for relief to the board of adjustment, who, after [a] public hearing, shall have the right to grant an extension of time as required in this article; provided, however, that such extension of time shall not be granted if it would be adverse to the best interest and general welfare of the citizens of Del Rio.

(h)

Passage of this chapter in no way legalizes any illegal uses existing at the time of its adoption.

(i)

Existing uses of types eligible for special permits in Article XII of this chapter shall be conforming uses and shall receive a special permit for the existing use from the building inspector [building official] upon request; but shall require a special permit for any enlargement or addition.

(Code 1962, § 11-12-1)