El Paso City Zoning Code
ARTICLE XIII
Nonconforming Uses
§ 315-91 Signs and billboards.
The lawful use of signs and billboards, which does not conform to the provisions of this chapter, shall be discontinued within two years from the date of the approval of the ordinance codified in this chapter, and the use of signs and billboards which become nonconforming by reason of a subsequent change in this chapter shall also be discontinued within two years from the date of the change.
§ 315-92 Conditions for continuance of land uses.
Where, at the effective date of adoption of the ordinance codified in this chapter, lawful use of land exists that is made no longer permissible under the terms of this chapter, such use may be continued, so long as it remains otherwise lawful, subject to the following provisions:
A.
No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied by such use at the effective date of adoption of the ordinance codified in this chapter.
B.
No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption of the ordinance codified in this chapter.
C.
If such nonconforming use of land ceases for any reason for a period of one year or more, any subsequent use of such land shall conform to the regulations specified by this chapter for the district in which such land is located.
§ 315-93 Conditions for continuance of structures.
Where a lawful structure, other than a sign or billboard, exists at the effective date of adoption of the ordinance codified in this chapter that could not be built under terms of this chapter by reason of restrictions on area, lot coverage, height, yards or other characteristics of the structure or its location on the lot, such structure may be continued, so long as it remains otherwise lawful, subject to the following provisions:
A.
No such structure may be enlarged or altered in a way which increases its nonconformity.
B.
Should such structure be destroyed by any means to an extent of more than 50% of its replacement cost at the time of destruction, then it shall not be reconstructed except in conformity with the provisions of this chapter. A building designed for a nonconforming use, however, may be constructed or altered beyond the limitations provided in this chapter by action of the Board of Appeals, after public hearing, as required by law in the case of variances.
§ 315-94 Conditions for continuance of uses of structures and/or premises.
If a lawful use of a structure, or of structure and premises in combination, exists at the effective date of adoption of the ordinance codified in this chapter, that would not be allowed in the district under the terms of this chapter, the lawful use may be continued, so long as it remains otherwise lawful, subject to the following provisions:
A.
No existing structure devoted to a use not permitted by this chapter in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located.
B.
Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of the ordinance codified in this chapter, but no such use shall be extended to occupy any land outside such building.
C.
If a nonconforming use has been discontinued for a period of one year or more, it shall not be reestablished, unless the nonconforming use was in a building designed, arranged and intended for such use.
D.
Any structure, or structure and land in combination, on which or in which a nonconforming use is superseded by a permitted use shall thereafter conform to the regulations for the district in which such structure is located, and the nonconforming use may not thereafter be resumed.
E.
When a nonconforming use of a structure, or structure and premises in combination, is discontinued or abandoned for 12 consecutive months, the structure, or structures and premises in combination, shall not thereafter be used except in conformance with the regulations of the district in which it is located.
F.
Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land.
§ 315-95 Changes in use.
A.
Once changed to a conforming use, no building or land shall be permitted to revert to a nonconforming use. A nonconforming use shall not be substituted or added to another nonconforming use.
§ 315-96 Repairs and maintenance.
A.
On any building devoted in whole or in part to any nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing, to an extent not exceeding 10% of the current replacement value of the building; provided that the cubical content of the building as it existed at the time of passage or amendment of the ordinance codified in this chapter shall not be increased.
B.
Nothing in this article shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any City official charged with protecting the public safety, upon order of such official.
§ 315-97 Special exceptions.
Any use for which a special exception is permitted as provided in this chapter shall not be deemed a nonconforming use, but shall, without further action, be deemed a conforming use in such district.
§ 315-98 Continuation of residences in nonresidential districts.
[Added 5-20-2013 by Ord. No. 944]
Where a residence is currently existing in a nonresidential zoning district as of January 1, 2013, such residence may continue as a nonconforming use in the same manner as if the residence was located in a properly zoned district and such residence may be continued in its present state with the ability of the current owner to sell, transfer or otherwise convey such residence to a new owner, notwithstanding any other provisions of this chapter regarding nonconforming uses. A mobile home is not to be included in the definition of a residence.