Within the zones established by this chapter or amendments that may later be adopted, there exist lots, structures, and uses of land and structures that were lawful before this chapter was adopted or amended but which would be prohibited, regulated, or restricted under the terms of this chapter, or future amendments.

This chapter intends to permit these nonconformities to continue until they are removed but not to encourage their survival. This chapter declares such uses to be incompatible with permitted uses in the zones involved. It is further the intent of this chapter that nonconformities shall not be enlarged upon, expanded, or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same zone.

A nonconforming use of a structure, a nonconforming use of land, or a nonconforming use of a structure and land shall not be extended or enlarged by attachment on a building or premises of additional signs intended to be seen from off the premises or by the addition of other uses of a nature which would be prohibited in the zone involved.

To avoid undue hardship, nothing in this chapter shall be deemed to require a change in the plans, construction, or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this chapter, and upon which actual building construction has been diligently carried on. Actual construction is now defined as the placing of materials in a permanent position and fastened permanently, except that where demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such demolition or removal shall be deemed to be actual construction, provided that work shall be diligently carried on until completion of the building involved.

Side yard setback. The minimum side yard setback shall be established by the principal structure extant or that previously existed on the nonconforming lot or parcel. A survey or other approved documentation shall be provided to determine existing setbacks.

The rear yard need not exceed 20% of the depth of the lot, but in no case shall it be less than ten (10) feet.

The front yard (setback) need not exceed that established by buildings on lots in the block in which the nonconforming lot is located.

The Planning Commission shall determine the setbacks for vacant nonconforming lots of records based on the existing patterns on surrounding properties.

No such nonconforming use shall be enlarged or increased nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this chapter.

No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of this chapter.

If any such nonconforming use of land ceases for any reason for more than ninety (90) days, any subsequent use of such land shall conform to the regulations specified by this chapter for the zone in which such land is located.

Structures with a nonconforming setback may be expanded, replaced, or moved along a line parallel to the existing nonconformity, provided all other applicable zoning, building, and fire codes are met. This expansion, movement, or replacement is allowed in front, rear, and side yards.

No existing structure devoted to a use not permitted by this chapter in the zone in which it is located, except single-family dwellings, shall be expanded, enlarged, extended, constructed, reconstructed, moved, or structurally altered unless approved by the Board of Appeals and shall be subject to the following restrictions and criteria:

Any nonconforming use may be extended throughout any parts of a building that were manifestly arranged or designed for use at the time of adoption or amendment of this chapter. Still, any additional expansion of the nonconforming use shall comply with Subsection A above.

Any nonconforming use of a structure, or structure and premises, may be changed to another nonconforming use, provided that the Board of Appeals, either by general rule or by making findings in the specific case, shall find that the proposed use is equally appropriate or more appropriate to the zone than the existing nonconforming use. In permitting such change, the Board of Appeals may require appropriate conditions and safeguards in accordance with the provisions of this chapter.

Any structure, or structure and land in combination, in which a permitted use supersedes a nonconforming use shall, after that, conform to the regulations for the zone in which such structure is located, and the nonconforming use may not after that be resumed.

Except as provided herein, when a nonconforming use of a structure or structure and premises in combination is discontinued or abandoned for twelve (12) consecutive months or 18 months during any three years, the structure, or structure and premises in combination, shall not after that be used except in conformance with the regulations of the zone in which it is located. The Board of Appeals may grant a special exception to allow for the continuance of a nonconforming use that has been discontinued or abandoned so long as the application for such special exception (1) is filed prior to the nonconforming use's lapsing under the terms of this subsection, or (2) is filed to allow the resumption of the multifamily use of a residential structure that does not require structural or interior alterations and that otherwise demonstrably retains its character as a multifamily structure. In considering an application for a special exception under this section, the Board may consider the cost to bring the structure into compliance with the regulations of the zone and the presence of similar nonconforming uses in the vicinity of the structure.

Where nonconforming use/status applies to a structure and premises in combination, removal or destruction of the structure, not related to fire or natural cause, shall eliminate the nonconforming status of the land. A nonconforming use that is destroyed by fire or natural cause may be restored or reconstructed at the same location, provided that:

Continuation of existing uses. Continuation, but not necessarily the intensification or expansion, of any use in existence by March 1989 will be permitted unless the use has been abandoned for more than one (1) year or is otherwise restricted by existing ordinances or regulations. If any existing use does not conform with the provisions of the Critical Area Program, its intensification or expansion may be permitted only in accordance with the variance procedures outlined in § 128-182.

Residential density. Except as otherwise provided, the types of land use described in the following subsections will be permitted in accordance with the density requirements in effect prior to the adoption of the Denton Critical Area Program (March 1989), notwithstanding the density provisions of the program. A single-family lot or parcel of land that was legally recorded as of March 1989 can be improved with a single-family dwelling if a dwelling is not already placed there (notwithstanding that such development may be inconsistent with the density provisions of this chapter), provided that:

Nothing in this section may be interpreted as altering any requirement for development activities set out in the water-dependent facilities section or the habitat protection section of the Denton Critical Area Program and any related implementation requirements contained in this chapter.

An application for development activity that involves the consolidation reconfiguration or adjustment of parcel boundaries of existing lots of record in the critical area shall design and implement the project to bring the lands into conformance with the Denton Critical Area Program to the maximum extent possible and to minimize adverse impacts to water quality and fish, wildlife, and plant habitat.

The following performance standards for these projects shall be used to assess the project relative to the goals of the Critical Area Program. At a minimum, all applications must fully address all of the following standards, which shall be reduced to written findings by the Director of Planning:

Any application for lot consolidation or reconfiguration shall contain the following:

The Director of Planning shall issue a written decision granting or denying the application for consolidation or reconfiguration, which addresses the standards set forth in § 128-174B. After the Director of Planning issues a written decision, he shall send a copy of the decision and, if applicable, the approved development plan within ten (10) business days by United States mail to the Critical Area Commission.

The Critical Area Commission, the Town, or any department or commission thereof, or any person aggrieved by the decision of the Director of Planning may file an appeal of the decision of the Director of Planning to the Board of Appeals by filing a notice of appeal with the Director of Planning specifying the grounds thereof within thirty (30) days. For an appeal by the Critical Area Commission, the thirty-day period shall commence on the date of the Commission's receipt of the final decision or order. For all other appellants, the thirty-day period shall commence on the date of the final written decision or order.

No permit or approval of any type may be issued for the activity on a property that is affected by the final written decision or order until after the expiration of the time within which an appeal may be filed.

In the event any provision of this section conflicts with any provision of state law, the stricter provision shall apply.

On any building devoted in whole or in part to any nonconforming use, work may be done in any period of twelve (12) consecutive months on ordinary repairs or in repair or replacement of nonbearing walls, fixtures, wiring, or plumbing to an extent not exceeding 10% of the current replacement value of the building, provided that the cubic content of the building, as it existed at the time of the passage or amendment of this chapter, shall not be increased.

Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting public safety upon order of such official.