Edna City Zoning Code
§ 14
Nonconforming Uses And Structures.
14-100
A nonconforming status will exist under the following provisions of this ordinance:
(a)
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 effective date of this ordinance and has been operating since without discontinuance.
(b)
When at some subsequent date of [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 at the time of annexation to the City of Edna and has since been in regular and continuous use.
14-101
Any nonconforming use of land or structures may be continued for definite period of time subject to such regulations as the city may require for immediate preservation of the adjoining property. The building inspector may grant a change of occupancy from one nonconforming use to another, providing the use is within the same, or higher or more restricted classification as the original nonconforming use. In event a nonconforming use of a building may be changed to another nonconforming use of more restricted classification, it shall not later be changed to a less restrictive classification (but) shall be considered to have been abandoned.
14-102
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 not exceeding seventy-five (75) percent of its reasonable value, reconstruction will be permitted but the size or function of the nonconforming use shall not be expanded.
(Ordinance 2004-24 adopted 1/20/05; Ordinance 2016-07, sec. 2D, adopted 8/8/16)