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. 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.

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.

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

Such use, platted lot, or structure was in existence and lawfully operating at the time of the passage of the previous ordinance passed February 6, 1979 or this ordinance on August 19, 1997, and has since been in regular and continuous use; or

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

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.

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.

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.

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 B above for a period of six (6) months, such use shall not be resumed and proof of such event shall constitute prima facie evidence of an act of abandonment except as allowed in Section 7.5. 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.

No nonconforming use or structure may be expanded, reoccupied with another nonconforming use, or increased as of the effective date of this ordinance except as provided in Section 7.5.

Conforming single-family residential uses on platted lots approved prior to this ordinance, which may now be nonconforming due to stricter standards, shall be deemed in conformance with this ordinance as long as the use of the lot is allowed in the respective district. Only the lot size, depth, setbacks and width shall be allowed to be less than the regulations prescribed in the zoning district in which it is located. All other regulations of this ordinance shall be met or the lot shall be considered nonconforming.

Any existing vacant lot platted prior to the adoption of this ordinance, which was legally conforming, shall be deemed a conforming lot.

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.

Where a conforming use is located in a nonconforming structure, the use may be changed to another conforming use by the process outlined in Section 7.5 below.

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

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

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

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.

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.

Buildings or structures which do not conform to the area regulations or development standards in this ordinance but where the uses are deemed conforming shall not increase the gross floor area greater than ten percent (10%).

Buildings or structures which have been vacant or abandoned for more than six (6) months and do not meet the current area regulations or development standards shall be allowed to be reoccupied by a conforming use if Subsection E above is followed.

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 sixty percent (60%) of its total appraised value as determined by the Dallas County Central Appraisal District, reconstruction will be permitted, but the existing square footage or function of the nonconforming use cannot be expanded.

Hear and decide an appeal that alleges error in an order, requirement, decision, or determination made by an administrative official in the enforcement of this ordinance;

Authorize the expansion or continuation of a nonconforming structure; and

Authorize in specific cases a variance (see Section 9.5) from the terms of this ordinance if the variance is not contrary to the public interest and, due to special conditions, a literal enforcement of the ordinance would result in unnecessary hardship, and so that the spirit of this ordinance is observed and substantial justice is done.

In exercising its authority under Subsection A above, the Board may reverse or affirm, in whole or in part, or modify the administrative official's order, requirement, decision, or determination from which an appeal is taken and make the correct order, requirement, decision, or determination, and for that purpose the Board has the same authority as the administrative official.

The concurring vote of four (4) members of the Board is necessary to:

The Board may not grant a variance authorizing a use other than those permitted in the district for which the variance is sought except as provided in Section 9.6.

The Board shall have no power to grant or modify specific use permits authorized under Section 35 of these regulations.

The Board shall have no power to grant a zoning amendment. In the event that a request for a zoning amendment is pending before the Planning and Zoning Commission or the City Council, the Board shall neither hear nor grant any variances with respect to the subject property until final disposition of the zoning amendment.

The Board shall not grant a variance (except as stated in Subsection E below) for any parcel of property or portion thereof upon which a Site Plan, Preliminary Plat, or Final Plat, where required, is pending on the agenda of the Planning and Zoning Commission and, where applicable, by the City Council. All administrative remedies available to the applicant shall have been exhausted prior to hearing by the ZBA.

If a proposed site does not conform to the zoning district standards and a variance has been requested, the Planning and Zoning Commission and/or the City Council may defer its actions until the Zoning Board of Adjustment has acted on the variance requests.

In order to grant a variance from these zoning regulations, the Board of Adjustment must make written findings that an undue hardship exists, using the following criteria:

A variance shall not be granted to relieve a self-created or personal hardship, nor shall it be based solely on economic gain or loss, nor shall it permit any person a privilege in developing a parcel of land not permitted by this Ordinance to other parcels of land in the particular zoning district. No variance may be granted which results in undue hardship on another parcel of land.

The applicant bears the burden of proof in establishing the facts justifying a variance.

The ZBA shall have the authority to authorize the expansion or enlargement of a nonconforming use, or the expansion, enlargement or structural alternation to a structure containing a nonconforming use, when such an expansion, enlargement or alteration would not tend to prolong the life of the nonconforming use. Upon review of the facts, the ZBA may establish a specific period of time for the occupancy to revert to a conforming use; and

To authorize the reconstruction and occupancy of a nonconforming structure, or a structure containing a nonconforming use, where such structure has been damaged by fire or other causes to the extent of more than sixty percent (60%), but less than the total, of the replacement cost of the structure on the date of the damage. Such action by the Zoning Board of Adjustment shall have due regard for the property rights of the person or persons affected, and shall be considered in regard to the public welfare, character of the area surrounding such structure, and the conservation, preservation and protection of property; and

To authorize the enlargement, expansion or repair of a nonconforming structure in excess of sixty percent (60%) of its current value. In such instance, current value shall be established at the time of application for a hearing before the ZBA.

If such expansion or enlargement is approved by the ZBA, all provisions of the district in which such structure is located shall apply to the new construction on the lot or parcel.

To authorize a change of use from one nonconforming use to another nonconforming use, provided that such change is to a use of a more restrictive classification, the building or structure containing such nonconforming use shall not revert to the former lower or less restricted classification. The ZBA may establish a specific period of time for the conversion of the occupancy to a conforming use. Any change of a nonconforming use consistent with this Section shall be in accordance with the provisions of Section 7 of this ordinance.

To authorize the occupancy of an abandoned nonconforming structure. Such action by the ZBA shall have due regard for the property rights of the person or persons affected, and shall be considered in regard to the public welfare and safety, character of the area surrounding such structure, and the conservation, preservation and protection of property.

Application and Fee. An application for granting a variance by the Board of Adjustment, other than an appeal, shall be in writing using forms provided by the City and shall be accompanied by a fee.

Notice and Hearing. The Zoning Board of Adjustment shall hold a public hearing no later than 45 days after the date the application for action or an appeal is filed. Notice of a public hearing shall be provided to all property owners within two hundred feet (200') of the affected property ten (10) days prior to the public hearing and also published in the official local newspaper ten (10) days prior to the public hearing.

Vote Required for Board Decisions. The concurring vote of four (4) members of the Board shall be necessary to reverse any order, requirement, decision, or determination of an administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under these zoning regulations, or to effect any variance to the zoning regulations granted by the Board.

Judicial Review. Any person or persons, jointly or severally, aggrieved by a decision of the Board of Adjustment, or any taxpayer, or any officer, department, or Board of the City may present to a court of record a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition must be presented within ten (10) days after the date the decision is filed in the Planning and Zoning office.

To correct any error in the regulations or map.

To recognize changed or changing conditions or circumstances in a particular locality.

To recognize changes in technology, the style of living, or manner of conducting business.

To change the property to uses in accordance with the approved Comprehensive Plan.

In making a determination regarding a requested zoning change, the Planning and Zoning Commission and City Council shall consider the following factors:

Prior to making its report to the City Council, the Planning and Zoning Commission shall hold at least one public hearing on each application as application by state law (Texas Local Government Code chapter 211 as so may be amended). Written notice of all public hearings on proposed changes in district boundaries shall be sent to all owners of property, or to the person rendering the same for City taxes, located within the area of application and within two hundred feet (200') of any property affected thereby (as required by the Texas Local Government Code chapter 211), within not less than ten (10) days before such hearing is held. Courtesy written notice of all public hearings on proposed changes in district boundaries shall also be sent to also be sent to all owners of property, or to the person rendering the same for City taxes, between two hundred feet (200') and four hundred feet (400') of any property affected thereby, within not less than ten (10) days before such hearing is held. Such notices may be served by using the last known address as listed on the latest approved tax roll and depositing the notice, postage paid, in the United States mail. Notice of hearings on proposed changes in the text of the Zoning Ordinance shall be accomplished by one publication not less than fifteen (15) days prior thereto in the official newspaper of the City. Changes in the ordinance text which do not change zoning district boundaries do not require written notification to individual property owners.

In addition to the notice requirements of Subsection A, if proposed adoption of or change to the district boundaries would cause current conforming use of property to become a nonconforming use of property if adopted, the notice must also:

Applications Recommended for Approval by the Planning and Zoning Commission. Every application or proposal which is recommended for approval by the Planning and Zoning Commission shall be automatically forwarded to the City Council for setting and holding of public hearing thereon. No change, however, shall become effective until after the adoption of an ordinance for same and its publication as required by law.

Applications Recommended for Denial by the Planning and Zoning Commission. When the Planning and Zoning Commission makes a recommendation that a proposal should be denied, the request, in its original form, will not automatically be placed on the City Council agenda unless requested by the applicant within ten (10) days of such action.

Resubmission of Applications. A request which has been denied by the City Council may be resubmitted at any time for reconsideration by the City (a new filing fee must accompany the request). The City Council may deny any request with prejudice. If a request has been denied with prejudice, the same or similar request may not be resubmitted to the City for one (1) year from the original date of denial.

City Council Hearing and Notice for Zoning Changes. Notice of the City Council public hearing shall be given by publication in the official newspaper of the City, stating the time and place of such hearing, which shall be at least fifteen (15) days after the date of publication.

Final Approval and Ordinance Adoption. Upon approval of the zoning request by the City Council, the applicant shall submit all related material with revisions, if necessary, to the City for the preparation of the amending ordinance. A metes and bounds description of all property and appropriate exhibits must be submitted with the zoning change request application. The amending ordinance will not be approved until a correct description has been prepared. The zoning request shall be approved at the time the City Council makes a decision to approve the request as submitted or with certain conditions.

Occupancy and use of a building hereafter erected or structurally altered.

Change in use of an existing building to a use of a different classification.

Change in the use of land to a use of a different classification.

Change in occupant or business within a building.

No such use, or change of use, shall take place until a Certificate of Occupancy therefore shall have been issued by the Building Official. A fee shall be established by separate ordinance.

Building permit number;

The address of the building;

The name and address of the owner;

A description of that portion of the building for which the Certificate is issued;

A statement that the described portion of the building has been inspected for compliance with the requirements of the Uniform Building Code, group and division of occupancy;

The name of the Building Official;

Use (uses) allowed; and

Issue date of Certificate of Occupancy.