Double Oak City Zoning Code
§ 21
NONCONFORMING USES AND STRUCTURES.
21-1
A nonconforming status shall exist under the following provisions of this ordinance:
(1)
When a use or structure which does not conform to the regulations prescribed in the district in which such use or structure is located was in existence and lawfully operating prior to the adoption of the previous Zoning Ordinance and has been operating since without discontinuance.
(2)
When on the effective date of this Ordinance, the use or structure was in existence and lawfully constructed, located and operating in accordance with the provisions of the previous Zoning Ordinance or which was a nonconforming use thereunder, and which use or structure does not now conform to the regulations herein prescribed for the district in which the use or structure is located.
21-2
No nonconforming use or structure may be expanded or increased beyond the lot or tract upon which such nonconforming use is located as of the effective date of this Ordinance except to provide off-street loading or off-street parking space upon approval of the Board of Adjustment.
21-3
Repairs and normal maintenance may be made to a nonconforming building, provided that no structural alterations or extensions shall be made except those required by law or ordinance, unless the building is changed to a conforming structure.
21-4
Any nonconforming use may be changed to a conforming use and once such change is made, the use shall not thereafter be changed back to a nonconforming use.
21-5
Where a conforming use is located in a nonconforming structure, the use may be changed to another conforming use by securing a Certificate of Occupancy from the Building Official.
21-6
When a nonconforming use or business involving a permanent type structure is discontinued or the structure vacated for a period of one (1) year, the nonconforming use shall be deemed abandoned and such facts shall be construed as conclusive proof of intent to abandon the nonconforming use. When a nonconforming use or business, not involving a permanent type structure, is discontinued or moved from the premises for a period of six (6) months, the nonconforming use shall be deemed abandoned and such facts shall be construed as conclusive proof of intent to abandon the nonconforming use.
21-7
If a nonconforming structure or 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 re-construction of a nonconforming use, not exceeding fifty (50) percent of its reasonable value, reconstruction may be permitted after a building permit has been granted.
(Ordinance 37 adopted 2/27/88)