Edinburg City Zoning Code
ARTICLE V
Nonconforming Uses
§ 175-34 Continuation.
A.
If, at the time of enactment of this chapter, any legal activity is being pursued, or any lot or structure is being legally utilized, in a manner or for a purpose which does not conform to the provisions of this chapter, such manner of use or purpose may be continued as herein provided.
B.
If any change in title of possession or renewal of a lease of any such lot or structure occurs, the use existing may be continued.
C.
If any nonconforming use, structure or activity is discontinued for a period exceeding two years after the date of the enactment of this chapter, it shall be deemed abandoned, and any subsequent use shall conform to the requirements of this chapter. Any nonconforming use once changed to a conforming use shall not thereafter be changed back to a nonconforming use.
§ 175-35 Continuation of uses for which permits have been issued.
The construction or use of a nonconforming building or land area for which a permit was issued legally prior to the adoption of this chapter may proceed, provided that such building is completed within one year or such use of land is established within 30 days after the effective date of this chapter.
§ 175-36 Repairs and maintenance.
Nonconforming uses and structures may be repaired and maintained, and unsafe structures may be made safe.
§ 175-37 Changes in district boundaries.
Whenever the boundaries of a district are changed, any use of land or buildings which becomes nonconforming as a result of such change shall become subject to the provision of this article.
§ 175-38 Nonconforming lots of record.
In any district, permitted structures may be erected and/or enlarged on any single lot of record at the effective date of adoption of amendment of this chapter, notwithstanding limitations imposed by other provisions of this chapter. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district, provided that yard dimensions and the requirements other than those applying to area or width, or both, shall conform to the regulations for the district in which such lot is located. Variance of yard or other requirements shall be obtained only through action of the Board of Zoning Appeals as provided by law.
§ 175-39 Nonconforming uses of land.
Lawful uses of land, which at the effective date of this chapter or as a result of subsequent amendments thereto, become nonconforming may be continued by the present or any subsequent owner so long as it remains otherwise lawful, subject to the following provisions:
A.
Extension. No such nonconforming use shall be enlarged or increased or extended to occupy a greater area of land than was used at the effective date of adoption of this chapter.
B.
Changes of use. Such nonconforming use, if changed to a conforming use, shall not thereafter be changed back to any nonconforming use.
C.
Additional structure or building. No additional structures or buildings not conforming to the requirements of this chapter shall be erected in connection with such nonconforming use of land.
§ 175-40 Nonconforming structures or buildings.
Structures or buildings which, at the effective date of this chapter or subsequent amendments thereto, become nonconforming by reason of restrictions on area, lot coverage, height, yards, its location on the lot or other requirements concerning the building or structure may be continued to be used so long as such structure or building remains otherwise lawful, subject to the following provisions:
A.
Enlargement. No such nonconforming structure or building may be enlarged or altered in a way which increases its nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity. Enlargement may occur if no new nonconformity is created.
B.
Damage or destruction. A nonconforming structure or building which is destroyed or partially destroyed by any means to an extent of 50% or more of the market value thereof immediately prior to such damage or destruction may be repaired or restored to its nonconforming status, provided that the structure is not left vacant for two years or more.
C.
Moving of structure of building. No nonconforming structure or building shall be, for any reason, moved for any distance unless it shall thereafter conform to the zoning regulations for the district in which it is located after it is moved.
§ 175-41 Nonconforming uses of structures or buildings.
Lawful uses of structures or buildings which, at the effective date of this chapter or as a result of subsequent amendments thereto, become nonconforming may be continued by the present or any subsequent owner so long as such use remains otherwise lawful, subject to the following provisions:
A.
Extension. A nonconforming use of a structure or building shall not be extended or expanded to occupy a greater area of said structure or building than was used for such uses at the time of adoption of this chapter.
B.
Change of use. Such nonconforming use, if changed to a conforming use, shall not thereafter be changed back to any nonconforming use.
C.
Destruction. Removal or destruction of the structure or building in which a nonconforming use is located shall eliminate the use which the structure or building was used for (a nonconforming use). Destruction, for the purpose of this subsection, is defined as damage to an extent of 50% or more of the market value of the structure or building immediately prior to such damage or destruction.
§ 175-42 Special use permits.
Any use which is permitted as a special use permit in a zoning district under the terms of this chapter shall not be deemed a nonconforming use in such zoning district but shall, without further action, be considered a conforming use.
§ 175-43 Calculation of percent of damage.
The cost of land or any factors other than the cost of the structure are excluded in the determination of fair market value for the purpose of calculating the percent of damage.