Edinburg City Zoning Code

ARTICLE 7

Nonconformities

Sec. 7.101, Purpose

The purpose of this Article is to:

1.
Ensure that nonconforming uses do not expand;
2.
Protect conforming uses from nuisances; and
3.
Eliminate substantially damaged or abandoned nonconforming uses, structures, and signs.

This Article provides standards that classify nonconformities by the degree of conflict, annoyance, incompatibility, or hazard to surrounding properties. The purpose of these standards is to eliminate nuisances and nonconformities whose degrees of incompatibility with adjacent land uses are high, and to curtail substantial investment in nonconforming uses and structures that are contrary to the intent of this Code. Where the incompatibility is minor, the purpose is to mitigate and establish standards for the property's continued use.

All nonconforming uses, buildings, structures, signs or lots shall be encouraged to conform to this Code. Rules and procedures are established to balance the desire to eliminate the use, structure, sign, or lot nonconformity against the degree and impact of nonconformity and the landowner's rights.

Effective on: 8/9/2022

Sec. 7.102, General Provisions

Unlawful Uses, Buildings, Structures, Signs, or Lots. A use, building, structure, sign, or lot that did not comply with applicable laws at the time it was established, constructed, or created, is an unlawful use, building, structure, sign, or lot. Unlawful uses, buildings, structures, signs, and lots are violations of this Code and are not subject to this Article.

Change or Conversion of Land Use. A nonconforming use shall not be changed to any other nonconforming use unless mitigated in accordance with Division 7.300, Mitigation of Nonconforming Uses.

Abandonment or Discontinuance.

1.
Minor Nonconforming Uses. Whenever a minor nonconforming use is abandoned or discontinued for a period of 12 months, irrespective of the reasons and whether or not consecutive, such use shall not thereafter be re-established, and any future uses shall be in accordance with this Code.
2.
Major Nonconforming Uses. Discontinuance of a major nonconforming use for a period of six consecutive months constitutes abandonment of the use, regardless of the owner's intent, and the major nonconforming use shall not be thereafter reestablished.

Alteration, Enlargement, or Abandonment.

1.
Repairs and alterations.
1. a.
  Normal maintenance of a nonconforming building or structure, or of a conforming building or structure containing a nonconforming use, is permitted, including necessary non-structural repairs and incidental alterations which do not extend or intensify the nonconforming use or the life of the nonconforming structure.
2. b.
  No structural alteration shall be made in any structure containing a nonconforming use, except in the following situations:
  1. i.
    When the alteration is required by law;
  2. ii.
    When the alteration will result in eliminating the nonconforming use or structure; or
  3. iii.
    When a building in a residential district containing residential nonconforming uses is altered in any way to improve livability, provided that no structural alteration are made that increase the number of dwelling units or the bulk of the building.
2.
Nonconforming Uses.
1. a.
  No structure containing a major nonconforming use shall be enlarged unless the major nonconforming use is permanently discontinued.
2. b.
  No nonconforming use may be enlarged or extended in such a way as to occupy any required open space, landscaped area, or any land beyond the boundaries of the property or lot as it existed on the effective date of this Code. Nor shall a nonconforming use be expanded to displace any conforming uses in the same building or on the same parcel.
3.
Nonconforming Lots. A lot which is nonconforming with respect to area, lot width, or frontage may be built upon if:
1. a.
  The use is permitted in that district;
2. b.
  The lot has at least 12 feet of frontage on a public street or approved private street; and
3. c.
  All yards or height standards are complied with, except that the Code may authorize a 10% reduction in the depth of required yards. Less than 10% may be ordered if the Code finds that the reduction results in a building that would be larger than permitted on a conforming lot.
4.
Nonconforming Buildings or Structures.
1. a.
  Nonconforming buildings or structures shall not be altered or expanded in any manner unless building coverage and floor area remain within the limits permitted by this Code.
2. b.
  No expansion shall increase the degree of nonconformity. For example, if a building is set back five feet from a property line and the Code requires eight feet, then no portion of an addition could come closer to the property line than the minimum required eight feet.
5.
Nonconforming Signs.
1. a.
  Nonconforming signs may not be enlarged or altered in a way that increases their nonconformity, but any structure or portion thereof may be altered to decrease its non-conformity.
2. b.
  A non-conforming sign which has been damaged by fire, wind or other cause in excess of 60% of its replacement cost shall not be restored except in conformance with the provisions of Division 4.300, Signs.
3. c.
  A non-conforming sign shall be properly maintained so that such sign does not constitute a danger to the public health and welfare.
4. d.
  Non-conforming signs become conforming upon Special Use approval.

Nonconforming Buildings or Uses in the Floodplain. Existing buildings or uses in the floodplain that do not conform to the standards of Article 6 - Environmental Regulations regarding floodplains and floodways are nonconforming. Such uses or structures are susceptible to flood damage, and the City may incur substantial costs should such flood damage occur. Therefore, elimination of the nonconformity or correction of violations are a priority. The following standards apply:

1.
Damaged Buildings. In general, building permits for substantial repair of flood damage (that is, repairs with a value equal to 50% or more of the value of the building or structure sought to be repaired) within special flood hazard areas are subject to the standards of Division 6.100, Flood Damage Prevention.
2.
Substantial Repairs. Building permits shall not be issued for substantial repair of flood damage in the following circumstances:
1. a.
  If the standards of Division 6.100, Flood Damage Prevention, cannot be met, the building or structure cannot be rebuilt and its use shall be discontinued. The City will work with Federal and other local agencies to assist in relocation.
2. b.
  Buildings, except mobile homes and manufactured homes, that are located on parcels on which it is feasible to relocate the building out of the floodplain. However, if it is not feasible to relocate the building, building permits may be issued only if the work includes elevating or floodproofing the building as provided in Division 6.100, Flood Damage Prevention.
3. c.
  Mobile homes or manufactured homes that are damaged or moved from their foundations by floodwaters, except that mobile homes or manufactured homes may be replaced by new mobile homes or manufactured homes.
4. d.
  Mobile homes or manufactured homes that are damaged by flooding such that the cost of repair is more than 30% of the value of the building shall be relocated out of the special flood hazard zone when practicable. If it is not practicable to move the mobile home or manufactured home, it shall either be:
  1. i.
    If located within Flood Zone A, A1-30, AH, or AE:
    1.
    located where the difference in elevation between the site and street and the flood elevation is less than one foot, and
    2.
    the bottom of the structure is elevated at least one foot above the base flood elevation; or
  2. ii.
    brought into compliance with Article 6, Environmental Management.

Abandonment of Telecommunications Towers.

1.
Defective or unsafe wireless telecommunication towers and antennas or wireless telecommunication facilities are to be repaired or removed within six months of the date they become defective or unsafe, at the owner's or operator's expense. If the facilities are not operated for a continuous period of 24 months, they shall be considered abandoned and must be removed within 90 days of their official determination as abandoned. If not removed, the City may remove all towers, antennas, or facilities at the expense of the owner or operator.
2.
The owner or occupant of property within the City shall not permit, leave, or cause to be left on said property any wireless telecommunication facility that has been abandoned. The provider shall remove its facility within 90 days of the official date by which the facility was deemed abandoned. If the facility is not removed within the required time, the facility shall be deemed to be abandoned, and the City shall have authority to enter the premises and remove the abandoned facilities. All costs of removal shall be collected from the owner or occupant in the manner provided for in this Code.
3.
Pre-existing telecommunication facilities that do not comply with the regulations of this Code may continue. Routine maintenance and replacement of antennas shall be permitted on such facilities. Any work that would add to the height of the structure or alter its supports or structure shall require a conditional use permit. Existing towers that are damaged or destroyed in an amount equal to or greater than 30 percent of their value, as determined by the City, must comply with this subsection. Tower expansions or replacements require compliance with the requirements of this subsection.
4.
An existing tower may be replaced, repaired, rebuilt, and/or expanded to accommodate co-located antennas or facilities or to upgrade the facilities to current engineering, technological, or communications standards by obtaining a conditional use permit.

Nonconformities Created by Public Action. Any nonconformity expressly created or caused by a conveyance of privately owned land to a federal, state, or local government to serve a public purpose is conforming for the purposes of this Code, and is not subject to the limitations of this Article. This exemption applies only in cases where private land is obtained by a governmental entity for a public purpose, through condemnation, threat of condemnation, or otherwise, which creates a nonconformity on the property terms of setback, lot size, or other applicable standards of this Code. This exemption does not apply to right-of-way dedication or other public conveyances of land required by the City in the course of subdivision or other routine approvals.

Effective on: 8/9/2022

Sec. 7.201, Uses

Nonconforming Uses. The following uses are legally nonconforming uses:

1.
Uses that were lawfully established but are not currently listed as Permitted, Limited, or Special Uses in the district in Table 2.202-1, Residential and Agricultural Uses, and Table 2.202-2, Nonresidential Uses, are nonconforming uses.
2.
Uses that are listed as Special Uses in a district, but were lawfully established without a special use permit. For these uses, the nonconforming use status may be removed by obtaining a Special Use permit, as described in Sec. 9.401, Special Use Permit.
3.
Uses that were lawfully established within a floodplain or floodway, but are no longer permitted in the floodplain or floodway.

Maintenance, Repairs, and Alterations.

1.
No structure containing a major nonconforming use shall be enlarged unless the major nonconforming use is permanently discontinued.
2.
No nonconforming use may be enlarged or extended in such a way as to occupy any required open space, landscaped area, or any land beyond the boundaries of the property or lot as it existed on the effective date of this Code. Nor shall a nonconforming use be expanded to displace any conforming uses in the same building or on the same parcel.
3.
No structural alteration shall be made in any structure containing a nonconforming use, except in the following situations:
1. a.
  When the alteration is required by law;
2. b.
  When the alteration will result in eliminating the nonconforming use or structure; or
3. c.
  When a building in a residential district containing residential nonconforming uses is altered in any way to improve livability, provided that no structural alteration are made that increase the number of dwelling units or the bulk of the building.

Effective on: 8/9/2022

Sec. 7.202, Structures

Nonconforming Structures. The following are legally nonconforming buildings or structures:

1.
Buildings or structures that fail to meet the density, intensity, setback, bufferyard, height, parking, or bulk requirements of this Code.
2.
Buildings or structures that were lawfully established within a floodplain or floodway, but are no longer permitted due to their location or elevation within the floodplain or floodway.

Maintenance, Repairs, and Alterations.

1.
Normal maintenance of a nonconforming building or structure, or of a conforming building or structure containing a nonconforming use, is permitted, including necessary non-structural repairs and incidental alterations which do not extend or intensify the nonconforming use or the life of the nonconforming structure.
2.
Nonconforming buildings or structures shall not be altered or expanded in any manner unless building coverage and floor area remain within the limits permitted by this Code.
3.
No expansion shall increase the degree of nonconformity. For example, if a building is set back five feet from a property line and the Code requires eight feet, then no portion of an addition could come closer to the property line than the minimum required eight feet.

Effective on: 8/9/2022

Sec. 7.203, Lots

A lawfully established lot, not held in common with any other lot, that does not meet the area or other dimensional standards of this Code, is a legally nonconforming lot. Lots that are held in common, but which individually do not meet lot area or dimensional standards, are curable nonconformities. Where a landowner owns several nonconforming lots that abut each other, they shall combined to create conforming lots or, if full conformity is not possible, they shall be combined to the extent that the combination increases the degree of conformity.

Effective on: 8/9/2022

Sec. 7.204, Signs

Lawfully established signs that fail to meet the applicable requirements of Division 4.300, Signs, are nonconforming signs.

Effective on: 8/9/2022

Sec. 7.205, Major and Minor Nonconformities

Major nonconformities. Major nonconformities are those for which the nonconformity generates a nuisance per se or represents such incompatibility with adjacent uses and/or the Comprehensive Plan that they should be eliminated. The following are major nonconformities:

1.
Disposal, Extraction, and Recycling/Salvage uses in RS, RP, RM, UU, CN, CG, and DT zoning districts.
2.
All other industrial uses, except community utilities, in RS, RP, RM, and DT zoning districts.
3.
Mobile homes or manufactured homes in RM, CN, CG, and DT zoning districts.

Minor nonconformities. All nonconforming uses, buildings, and structures that are not classified as major nonconformities are minor nonconformities.

Effective on: 8/9/2022

Sec. 7.301, Purpose

Many nonconforming uses have existed for a period of time, and some may have only recently become nonconforming. In some instances, a nonconforming use is an integral part of the neighborhood's character and function. One of the purposes of zoning regulations is to protect neighborhoods. Therefore, if the community is comfortable with a particular use or structure, the classification "nonconformity" and restriction on investment may not be what the community desires. Under such conditions, the use may be mitigated and made conforming to remove the stigma associated with the designation as a nonconformity. The provisions of this Division establish procedures for bringing a nonconformity into conformance.

Effective on: 8/9/2022

Sec. 7.302, Procedure

An owner of a major or minor nonconforming use, building, structure, or sign may apply for a special use permit which has the effect of making the nonconforming use, building, structure, or sign conforming. This procedure does not apply to nonconforming lots. The criteria for Special Use approval in general are set out in Sec. 9.401, Special Use Permit. The criteria for Special Use approval specifically to make a nonconformity conforming are set out in Sec. 7.303, Criteria for Approval.

Effective on: 8/9/2022

Sec. 7.303, Criteria for Approval

A nonconformity shall be approved as a conformity, if, in addition to the criteria for approval of a Special Use set forth in Sec. 9.401, Special Use Permit, the following are demonstrated:

A.
Minimal nonconformity. The use, as conducted and managed, has minimal nonconformities and has been integrated into the neighborhood's function. Evaluation criteria include:
1. 1.
  The neighborhood residents regularly patronize or are employed at said use (for non-residential uses).
2. 2.
  Management practices eliminate nuisances such as noise, light, waste materials, congested on-street parking, or similar conflicts. A history of complaints is justification for denying the Special Use permit unless the conditions of the permit will eliminate the nuisances.
3. 3.
  The use has been maintained in good condition or its classification as a nonconformity represents a disincentive for such maintenance.
B.
Conditions. Conditions may be imposed relative to the expansion of bufferyards, landscaping, or other site design provisions, or other limitations necessary to ensure that, as a conforming use, the use will not become a nuisance. Such conditions may relate to the lot, buildings, structures, or operation of the use.

Effective on: 8/9/2022

Sec. 7.304, Effect

Upon granting a Special Use permit and compliance with any conditions placed upon it, the Administrator shall place a notation on the Official Zoning Map stating that the property has a special use permit and the application case number and date thereof. Granting a special use permit makes the use, building, or structure conform to the specifics of the special use approval, thereby eliminating the nonconformity. Special use approvals shall be provided to the applicant in writing and may be recorded by the applicant at the applicant's expense.

Effective on: 8/9/2022

Edinburg City Zoning Code

ARTICLE 7

Nonconformities

Sec. 7.101, Purpose

The purpose of this Article is to:

1.
Ensure that nonconforming uses do not expand;
2.
Protect conforming uses from nuisances; and
3.
Eliminate substantially damaged or abandoned nonconforming uses, structures, and signs.

Effective on: 8/9/2022

Sec. 7.102, General Provisions

Change or Conversion of Land Use. A nonconforming use shall not be changed to any other nonconforming use unless mitigated in accordance with Division 7.300, Mitigation of Nonconforming Uses.

Abandonment or Discontinuance.

1.
Minor Nonconforming Uses. Whenever a minor nonconforming use is abandoned or discontinued for a period of 12 months, irrespective of the reasons and whether or not consecutive, such use shall not thereafter be re-established, and any future uses shall be in accordance with this Code.
2.
Major Nonconforming Uses. Discontinuance of a major nonconforming use for a period of six consecutive months constitutes abandonment of the use, regardless of the owner's intent, and the major nonconforming use shall not be thereafter reestablished.

Alteration, Enlargement, or Abandonment.

1.
Repairs and alterations.
1. a.
  Normal maintenance of a nonconforming building or structure, or of a conforming building or structure containing a nonconforming use, is permitted, including necessary non-structural repairs and incidental alterations which do not extend or intensify the nonconforming use or the life of the nonconforming structure.
2. b.
  No structural alteration shall be made in any structure containing a nonconforming use, except in the following situations:
  1. i.
    When the alteration is required by law;
  2. ii.
    When the alteration will result in eliminating the nonconforming use or structure; or
  3. iii.
    When a building in a residential district containing residential nonconforming uses is altered in any way to improve livability, provided that no structural alteration are made that increase the number of dwelling units or the bulk of the building.
2.
Nonconforming Uses.
1. a.
  No structure containing a major nonconforming use shall be enlarged unless the major nonconforming use is permanently discontinued.
2. b.
  No nonconforming use may be enlarged or extended in such a way as to occupy any required open space, landscaped area, or any land beyond the boundaries of the property or lot as it existed on the effective date of this Code. Nor shall a nonconforming use be expanded to displace any conforming uses in the same building or on the same parcel.
3.
Nonconforming Lots. A lot which is nonconforming with respect to area, lot width, or frontage may be built upon if:
1. a.
  The use is permitted in that district;
2. b.
  The lot has at least 12 feet of frontage on a public street or approved private street; and
3. c.
  All yards or height standards are complied with, except that the Code may authorize a 10% reduction in the depth of required yards. Less than 10% may be ordered if the Code finds that the reduction results in a building that would be larger than permitted on a conforming lot.
4.
Nonconforming Buildings or Structures.
1. a.
  Nonconforming buildings or structures shall not be altered or expanded in any manner unless building coverage and floor area remain within the limits permitted by this Code.
2. b.
  No expansion shall increase the degree of nonconformity. For example, if a building is set back five feet from a property line and the Code requires eight feet, then no portion of an addition could come closer to the property line than the minimum required eight feet.
5.
Nonconforming Signs.
1. a.
  Nonconforming signs may not be enlarged or altered in a way that increases their nonconformity, but any structure or portion thereof may be altered to decrease its non-conformity.
2. b.
  A non-conforming sign which has been damaged by fire, wind or other cause in excess of 60% of its replacement cost shall not be restored except in conformance with the provisions of Division 4.300, Signs.
3. c.
  A non-conforming sign shall be properly maintained so that such sign does not constitute a danger to the public health and welfare.
4. d.
  Non-conforming signs become conforming upon Special Use approval.

1.
Damaged Buildings. In general, building permits for substantial repair of flood damage (that is, repairs with a value equal to 50% or more of the value of the building or structure sought to be repaired) within special flood hazard areas are subject to the standards of Division 6.100, Flood Damage Prevention.
2.
Substantial Repairs. Building permits shall not be issued for substantial repair of flood damage in the following circumstances:
1. a.
  If the standards of Division 6.100, Flood Damage Prevention, cannot be met, the building or structure cannot be rebuilt and its use shall be discontinued. The City will work with Federal and other local agencies to assist in relocation.
2. b.
  Buildings, except mobile homes and manufactured homes, that are located on parcels on which it is feasible to relocate the building out of the floodplain. However, if it is not feasible to relocate the building, building permits may be issued only if the work includes elevating or floodproofing the building as provided in Division 6.100, Flood Damage Prevention.
3. c.
  Mobile homes or manufactured homes that are damaged or moved from their foundations by floodwaters, except that mobile homes or manufactured homes may be replaced by new mobile homes or manufactured homes.
4. d.
  Mobile homes or manufactured homes that are damaged by flooding such that the cost of repair is more than 30% of the value of the building shall be relocated out of the special flood hazard zone when practicable. If it is not practicable to move the mobile home or manufactured home, it shall either be:
  1. i.
    If located within Flood Zone A, A1-30, AH, or AE:
    1.
    located where the difference in elevation between the site and street and the flood elevation is less than one foot, and
    2.
    the bottom of the structure is elevated at least one foot above the base flood elevation; or
  2. ii.
    brought into compliance with Article 6, Environmental Management.

Abandonment of Telecommunications Towers.

1.
Defective or unsafe wireless telecommunication towers and antennas or wireless telecommunication facilities are to be repaired or removed within six months of the date they become defective or unsafe, at the owner's or operator's expense. If the facilities are not operated for a continuous period of 24 months, they shall be considered abandoned and must be removed within 90 days of their official determination as abandoned. If not removed, the City may remove all towers, antennas, or facilities at the expense of the owner or operator.
2.
The owner or occupant of property within the City shall not permit, leave, or cause to be left on said property any wireless telecommunication facility that has been abandoned. The provider shall remove its facility within 90 days of the official date by which the facility was deemed abandoned. If the facility is not removed within the required time, the facility shall be deemed to be abandoned, and the City shall have authority to enter the premises and remove the abandoned facilities. All costs of removal shall be collected from the owner or occupant in the manner provided for in this Code.
3.
Pre-existing telecommunication facilities that do not comply with the regulations of this Code may continue. Routine maintenance and replacement of antennas shall be permitted on such facilities. Any work that would add to the height of the structure or alter its supports or structure shall require a conditional use permit. Existing towers that are damaged or destroyed in an amount equal to or greater than 30 percent of their value, as determined by the City, must comply with this subsection. Tower expansions or replacements require compliance with the requirements of this subsection.
4.
An existing tower may be replaced, repaired, rebuilt, and/or expanded to accommodate co-located antennas or facilities or to upgrade the facilities to current engineering, technological, or communications standards by obtaining a conditional use permit.

Effective on: 8/9/2022

Sec. 7.201, Uses

Nonconforming Uses. The following uses are legally nonconforming uses:

1.
Uses that were lawfully established but are not currently listed as Permitted, Limited, or Special Uses in the district in Table 2.202-1, Residential and Agricultural Uses, and Table 2.202-2, Nonresidential Uses, are nonconforming uses.
2.
Uses that are listed as Special Uses in a district, but were lawfully established without a special use permit. For these uses, the nonconforming use status may be removed by obtaining a Special Use permit, as described in Sec. 9.401, Special Use Permit.
3.
Uses that were lawfully established within a floodplain or floodway, but are no longer permitted in the floodplain or floodway.

Maintenance, Repairs, and Alterations.

1.
No structure containing a major nonconforming use shall be enlarged unless the major nonconforming use is permanently discontinued.
2.
No nonconforming use may be enlarged or extended in such a way as to occupy any required open space, landscaped area, or any land beyond the boundaries of the property or lot as it existed on the effective date of this Code. Nor shall a nonconforming use be expanded to displace any conforming uses in the same building or on the same parcel.
3.
No structural alteration shall be made in any structure containing a nonconforming use, except in the following situations:
1. a.
  When the alteration is required by law;
2. b.
  When the alteration will result in eliminating the nonconforming use or structure; or
3. c.
  When a building in a residential district containing residential nonconforming uses is altered in any way to improve livability, provided that no structural alteration are made that increase the number of dwelling units or the bulk of the building.

Effective on: 8/9/2022

Sec. 7.202, Structures

Nonconforming Structures. The following are legally nonconforming buildings or structures:

1.
Buildings or structures that fail to meet the density, intensity, setback, bufferyard, height, parking, or bulk requirements of this Code.
2.
Buildings or structures that were lawfully established within a floodplain or floodway, but are no longer permitted due to their location or elevation within the floodplain or floodway.

Maintenance, Repairs, and Alterations.

1.
Normal maintenance of a nonconforming building or structure, or of a conforming building or structure containing a nonconforming use, is permitted, including necessary non-structural repairs and incidental alterations which do not extend or intensify the nonconforming use or the life of the nonconforming structure.
2.
Nonconforming buildings or structures shall not be altered or expanded in any manner unless building coverage and floor area remain within the limits permitted by this Code.
3.
No expansion shall increase the degree of nonconformity. For example, if a building is set back five feet from a property line and the Code requires eight feet, then no portion of an addition could come closer to the property line than the minimum required eight feet.

Effective on: 8/9/2022

Sec. 7.203, Lots

Effective on: 8/9/2022

Sec. 7.204, Signs

Lawfully established signs that fail to meet the applicable requirements of Division 4.300, Signs, are nonconforming signs.

Effective on: 8/9/2022

Sec. 7.205, Major and Minor Nonconformities

1.
Disposal, Extraction, and Recycling/Salvage uses in RS, RP, RM, UU, CN, CG, and DT zoning districts.
2.
All other industrial uses, except community utilities, in RS, RP, RM, and DT zoning districts.
3.
Mobile homes or manufactured homes in RM, CN, CG, and DT zoning districts.

Minor nonconformities. All nonconforming uses, buildings, and structures that are not classified as major nonconformities are minor nonconformities.

Effective on: 8/9/2022

Sec. 7.301, Purpose

Effective on: 8/9/2022

Sec. 7.302, Procedure

Effective on: 8/9/2022

Sec. 7.303, Criteria for Approval

A nonconformity shall be approved as a conformity, if, in addition to the criteria for approval of a Special Use set forth in Sec. 9.401, Special Use Permit, the following are demonstrated:

A.
Minimal nonconformity. The use, as conducted and managed, has minimal nonconformities and has been integrated into the neighborhood's function. Evaluation criteria include:
1. 1.
  The neighborhood residents regularly patronize or are employed at said use (for non-residential uses).
2. 2.
  Management practices eliminate nuisances such as noise, light, waste materials, congested on-street parking, or similar conflicts. A history of complaints is justification for denying the Special Use permit unless the conditions of the permit will eliminate the nuisances.
3. 3.
  The use has been maintained in good condition or its classification as a nonconformity represents a disincentive for such maintenance.
B.
Conditions. Conditions may be imposed relative to the expansion of bufferyards, landscaping, or other site design provisions, or other limitations necessary to ensure that, as a conforming use, the use will not become a nuisance. Such conditions may relate to the lot, buildings, structures, or operation of the use.

Effective on: 8/9/2022

Sec. 7.304, Effect

Effective on: 8/9/2022

Edinburg City Zoning Code

ARTICLE 7

Nonconformities

Sec. 7.101, Purpose

The purpose of this Article is to:

1.
Ensure that nonconforming uses do not expand;
2.
Protect conforming uses from nuisances; and
3.
Eliminate substantially damaged or abandoned nonconforming uses, structures, and signs.

Effective on: 8/9/2022

Sec. 7.102, General Provisions

Change or Conversion of Land Use. A nonconforming use shall not be changed to any other nonconforming use unless mitigated in accordance with Division 7.300, Mitigation of Nonconforming Uses.

Abandonment or Discontinuance.

1.
Minor Nonconforming Uses. Whenever a minor nonconforming use is abandoned or discontinued for a period of 12 months, irrespective of the reasons and whether or not consecutive, such use shall not thereafter be re-established, and any future uses shall be in accordance with this Code.
2.
Major Nonconforming Uses. Discontinuance of a major nonconforming use for a period of six consecutive months constitutes abandonment of the use, regardless of the owner's intent, and the major nonconforming use shall not be thereafter reestablished.

Alteration, Enlargement, or Abandonment.

1.
Repairs and alterations.
1. a.
  Normal maintenance of a nonconforming building or structure, or of a conforming building or structure containing a nonconforming use, is permitted, including necessary non-structural repairs and incidental alterations which do not extend or intensify the nonconforming use or the life of the nonconforming structure.
2. b.
  No structural alteration shall be made in any structure containing a nonconforming use, except in the following situations:
  1. i.
    When the alteration is required by law;
  2. ii.
    When the alteration will result in eliminating the nonconforming use or structure; or
  3. iii.
    When a building in a residential district containing residential nonconforming uses is altered in any way to improve livability, provided that no structural alteration are made that increase the number of dwelling units or the bulk of the building.
2.
Nonconforming Uses.
1. a.
  No structure containing a major nonconforming use shall be enlarged unless the major nonconforming use is permanently discontinued.
2. b.
  No nonconforming use may be enlarged or extended in such a way as to occupy any required open space, landscaped area, or any land beyond the boundaries of the property or lot as it existed on the effective date of this Code. Nor shall a nonconforming use be expanded to displace any conforming uses in the same building or on the same parcel.
3.
Nonconforming Lots. A lot which is nonconforming with respect to area, lot width, or frontage may be built upon if:
1. a.
  The use is permitted in that district;
2. b.
  The lot has at least 12 feet of frontage on a public street or approved private street; and
3. c.
  All yards or height standards are complied with, except that the Code may authorize a 10% reduction in the depth of required yards. Less than 10% may be ordered if the Code finds that the reduction results in a building that would be larger than permitted on a conforming lot.
4.
Nonconforming Buildings or Structures.
1. a.
  Nonconforming buildings or structures shall not be altered or expanded in any manner unless building coverage and floor area remain within the limits permitted by this Code.
2. b.
  No expansion shall increase the degree of nonconformity. For example, if a building is set back five feet from a property line and the Code requires eight feet, then no portion of an addition could come closer to the property line than the minimum required eight feet.
5.
Nonconforming Signs.
1. a.
  Nonconforming signs may not be enlarged or altered in a way that increases their nonconformity, but any structure or portion thereof may be altered to decrease its non-conformity.
2. b.
  A non-conforming sign which has been damaged by fire, wind or other cause in excess of 60% of its replacement cost shall not be restored except in conformance with the provisions of Division 4.300, Signs.
3. c.
  A non-conforming sign shall be properly maintained so that such sign does not constitute a danger to the public health and welfare.
4. d.
  Non-conforming signs become conforming upon Special Use approval.

1.
Damaged Buildings. In general, building permits for substantial repair of flood damage (that is, repairs with a value equal to 50% or more of the value of the building or structure sought to be repaired) within special flood hazard areas are subject to the standards of Division 6.100, Flood Damage Prevention.
2.
Substantial Repairs. Building permits shall not be issued for substantial repair of flood damage in the following circumstances:
1. a.
  If the standards of Division 6.100, Flood Damage Prevention, cannot be met, the building or structure cannot be rebuilt and its use shall be discontinued. The City will work with Federal and other local agencies to assist in relocation.
2. b.
  Buildings, except mobile homes and manufactured homes, that are located on parcels on which it is feasible to relocate the building out of the floodplain. However, if it is not feasible to relocate the building, building permits may be issued only if the work includes elevating or floodproofing the building as provided in Division 6.100, Flood Damage Prevention.
3. c.
  Mobile homes or manufactured homes that are damaged or moved from their foundations by floodwaters, except that mobile homes or manufactured homes may be replaced by new mobile homes or manufactured homes.
4. d.
  Mobile homes or manufactured homes that are damaged by flooding such that the cost of repair is more than 30% of the value of the building shall be relocated out of the special flood hazard zone when practicable. If it is not practicable to move the mobile home or manufactured home, it shall either be:
  1. i.
    If located within Flood Zone A, A1-30, AH, or AE:
    1.
    located where the difference in elevation between the site and street and the flood elevation is less than one foot, and
    2.
    the bottom of the structure is elevated at least one foot above the base flood elevation; or
  2. ii.
    brought into compliance with Article 6, Environmental Management.

Abandonment of Telecommunications Towers.

1.
Defective or unsafe wireless telecommunication towers and antennas or wireless telecommunication facilities are to be repaired or removed within six months of the date they become defective or unsafe, at the owner's or operator's expense. If the facilities are not operated for a continuous period of 24 months, they shall be considered abandoned and must be removed within 90 days of their official determination as abandoned. If not removed, the City may remove all towers, antennas, or facilities at the expense of the owner or operator.
2.
The owner or occupant of property within the City shall not permit, leave, or cause to be left on said property any wireless telecommunication facility that has been abandoned. The provider shall remove its facility within 90 days of the official date by which the facility was deemed abandoned. If the facility is not removed within the required time, the facility shall be deemed to be abandoned, and the City shall have authority to enter the premises and remove the abandoned facilities. All costs of removal shall be collected from the owner or occupant in the manner provided for in this Code.
3.
Pre-existing telecommunication facilities that do not comply with the regulations of this Code may continue. Routine maintenance and replacement of antennas shall be permitted on such facilities. Any work that would add to the height of the structure or alter its supports or structure shall require a conditional use permit. Existing towers that are damaged or destroyed in an amount equal to or greater than 30 percent of their value, as determined by the City, must comply with this subsection. Tower expansions or replacements require compliance with the requirements of this subsection.
4.
An existing tower may be replaced, repaired, rebuilt, and/or expanded to accommodate co-located antennas or facilities or to upgrade the facilities to current engineering, technological, or communications standards by obtaining a conditional use permit.

Effective on: 8/9/2022

Sec. 7.201, Uses

Nonconforming Uses. The following uses are legally nonconforming uses:

1.
Uses that were lawfully established but are not currently listed as Permitted, Limited, or Special Uses in the district in Table 2.202-1, Residential and Agricultural Uses, and Table 2.202-2, Nonresidential Uses, are nonconforming uses.
2.
Uses that are listed as Special Uses in a district, but were lawfully established without a special use permit. For these uses, the nonconforming use status may be removed by obtaining a Special Use permit, as described in Sec. 9.401, Special Use Permit.
3.
Uses that were lawfully established within a floodplain or floodway, but are no longer permitted in the floodplain or floodway.

Maintenance, Repairs, and Alterations.

1.
No structure containing a major nonconforming use shall be enlarged unless the major nonconforming use is permanently discontinued.
2.
No nonconforming use may be enlarged or extended in such a way as to occupy any required open space, landscaped area, or any land beyond the boundaries of the property or lot as it existed on the effective date of this Code. Nor shall a nonconforming use be expanded to displace any conforming uses in the same building or on the same parcel.
3.
No structural alteration shall be made in any structure containing a nonconforming use, except in the following situations:
1. a.
  When the alteration is required by law;
2. b.
  When the alteration will result in eliminating the nonconforming use or structure; or
3. c.
  When a building in a residential district containing residential nonconforming uses is altered in any way to improve livability, provided that no structural alteration are made that increase the number of dwelling units or the bulk of the building.

Effective on: 8/9/2022

Sec. 7.202, Structures

Nonconforming Structures. The following are legally nonconforming buildings or structures:

1.
Buildings or structures that fail to meet the density, intensity, setback, bufferyard, height, parking, or bulk requirements of this Code.
2.
Buildings or structures that were lawfully established within a floodplain or floodway, but are no longer permitted due to their location or elevation within the floodplain or floodway.

Maintenance, Repairs, and Alterations.

1.
Normal maintenance of a nonconforming building or structure, or of a conforming building or structure containing a nonconforming use, is permitted, including necessary non-structural repairs and incidental alterations which do not extend or intensify the nonconforming use or the life of the nonconforming structure.
2.
Nonconforming buildings or structures shall not be altered or expanded in any manner unless building coverage and floor area remain within the limits permitted by this Code.
3.
No expansion shall increase the degree of nonconformity. For example, if a building is set back five feet from a property line and the Code requires eight feet, then no portion of an addition could come closer to the property line than the minimum required eight feet.

Effective on: 8/9/2022

Sec. 7.203, Lots

Effective on: 8/9/2022

Sec. 7.204, Signs

Lawfully established signs that fail to meet the applicable requirements of Division 4.300, Signs, are nonconforming signs.

Effective on: 8/9/2022

Sec. 7.205, Major and Minor Nonconformities

1.
Disposal, Extraction, and Recycling/Salvage uses in RS, RP, RM, UU, CN, CG, and DT zoning districts.
2.
All other industrial uses, except community utilities, in RS, RP, RM, and DT zoning districts.
3.
Mobile homes or manufactured homes in RM, CN, CG, and DT zoning districts.

Minor nonconformities. All nonconforming uses, buildings, and structures that are not classified as major nonconformities are minor nonconformities.

Effective on: 8/9/2022

Sec. 7.301, Purpose

Effective on: 8/9/2022

Sec. 7.302, Procedure

Effective on: 8/9/2022

Sec. 7.303, Criteria for Approval

A nonconformity shall be approved as a conformity, if, in addition to the criteria for approval of a Special Use set forth in Sec. 9.401, Special Use Permit, the following are demonstrated:

A.
Minimal nonconformity. The use, as conducted and managed, has minimal nonconformities and has been integrated into the neighborhood's function. Evaluation criteria include:
1. 1.
  The neighborhood residents regularly patronize or are employed at said use (for non-residential uses).
2. 2.
  Management practices eliminate nuisances such as noise, light, waste materials, congested on-street parking, or similar conflicts. A history of complaints is justification for denying the Special Use permit unless the conditions of the permit will eliminate the nuisances.
3. 3.
  The use has been maintained in good condition or its classification as a nonconformity represents a disincentive for such maintenance.
B.
Conditions. Conditions may be imposed relative to the expansion of bufferyards, landscaping, or other site design provisions, or other limitations necessary to ensure that, as a conforming use, the use will not become a nuisance. Such conditions may relate to the lot, buildings, structures, or operation of the use.

Effective on: 8/9/2022

Sec. 7.304, Effect

Effective on: 8/9/2022