A.

Types of nonconformity. There are three types of nonconformity as follows:

1.

Nonconforming use. Any use of land or buildings which does not conform to the current use regulations prescribed in the city's zoning ordinance or amendments thereto.

2.

Nonconforming structure. Any structure that does not conform to zoning ordinance provisions regulating structures, including, but not limited to, the following requirements: lot coverage area, required minimum lot dimensions, front yard, side yard, rear yard, height, parking, landscaping, buffer yards, screening, architectural design, exterior construction materials or other structural regulations of the district in which it is located.

3.

Nonconforming lot. Any lot that fails to meet the requirements for area, width, or depth that are applicable to the zoning district in which the lot is located.

B.

Nonconforming uses.

1.

Nonconforming uses are hereby declared to be incompatible with the permitted uses in the districts involved.

2.

It is the intent of this appendix to permit those nonconforming uses to continue until they are removed, but not to encourage their survival.

3.

A nonconforming use or a lawful use that has become nonconforming by the future adoption or amendment of a zoning ordinance, or a nonconforming use that exists by virtue of annexation to the city, shall be permitted to exist, subject to the following:

a.

Enlargement. No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied on the effective date of adoption or amendment of the ordinance from which this appendix is derived.

b.

Abandonment. A nonconforming use shall terminate if the nonconforming use or premises is abandoned or discontinued for 12 months or more. The commission may determine that a use or premises which has remained vacant or unused for 12 months or more has not been discontinued under the intent of this section if the owner can state unusual circumstances of any nature that prevented or precluded use of the property during that period, in which case the property may be reoccupied and the nonconforming use reinstituted in compliance with the other provisions of this section.

c.

Change. Whenever a nonconforming use has been changed to a conforming use, such nonconforming use shall be deemed to be permanently abandoned and shall not be reinstituted on the property.

d.

Annexation. After annexing an area, a person may continue to use land in that area in the manner in which the land was being used on the date the annexation proceedings were instituted, except where inconsistent with V.T.C.A., Local Government Code § 43.002.

4.

To avoid undue hardship, nothing in this appendix shall be deemed to require a change in the plans, construction, or designated use of any building on which an active process was lawfully begun prior to the effective date of adoption or amendment of the ordinance from which this appendix is derived and upon which an active process has been carried on diligently. The phrase "active process" is hereby defined as follows:

a.

For land zoned single-family residential (SFR), single-family residential estate (SFR-E), or garden home district (GHD), a development proposal must be in conjunction with a previously approved preliminary plat;

b.

For land zoned NC (neighborhood commercial), CSC (community shopping center), DD (downtown district), LNC (local neighborhood commercial), OPD (office park district), LI (light industrial), I (industrial), BP (business park) or A-1 (agricultural), when the land is subject to a valid existing preliminary site plan in accordance with section 9; or

c.

For land zoned MFR-H (multiple-family residential—high density), MFR-M (multiple-family residential—medium density), MFR-L (multiple-family residential—low density) or PUD (planned unit district), when a proposed specific use permit (SUP) has been heard at public hearings of the city council and the planning and zoning commission.

C.

Nonconforming lots.

1.

Development. Development shall be permitted on any single nonconforming lot of record. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. This provision shall apply if the lot is nonconforming only because it fails to meet the requirements for size (area, width, or depth) that are generally applicable in such district. Yard dimensions and requirements, other than those applying to area, width, or depth, any or all, of the lot shall conform to the regulations of applicable zoning district. Variance of yard requirements shall be obtained only through action of the board of adjustment. Development may still be restricted by limitations imposed by other provisions of this appendix.

2.

Subdivision. Nonconforming lots may not be further subdivided.

3.

Combination. Nonconforming lots may be combined and treated as a single lot for development, without platting or replatting, even if the resulting nonconforming lot is nonconforming.

D.

Nonconforming structures.

1.

It is the intent of this appendix to permit nonconforming structures to remain but to prohibit any nonconforming structure from being enlarged or altered in a manner which increases its nonconformity. Nonconforming structures can be enlarged or altered, provided the enlargement or alteration itself conforms to current regulations. If the enlarged or altered portion of the structure conforms to current regulations, the existing nonconforming portion of the structure may remain in its existing nonconforming condition.

2.

Where a nonconforming structure exists, or where a lawful structure becomes nonconforming by the future adoption or amendment of an ordinance, such structure may continue to exist as long as it remains otherwise lawful, subject to the following provisions:

a.

Enlargement. No such nonconforming structure shall be enlarged or altered in a manner that increases its nonconformity. Nonconforming structures can be enlarged or altered, provided the enlargement or alteration itself conforms to current regulations. If the enlarged or altered portion of the structure conforms to current regulations, the existing nonconforming portion of the structure may remain in its existing nonconforming condition.

b.

Abandonment.

(1)

When a nonconforming structure becomes vacant or is abandoned for 12 months or more, the structure shall be brought up to the current structural regulations of the district in which it is located. An abandoned or vacant structure shall not thereafter be occupied until the structure conforms to the current structural regulations of the district in which it is located.

(2)

Abandonment of a nonconforming structure shall be determined by relevant evidence of nonuse of the structure, including, but not limited to, termination or nonuse of utilities, termination of leasehold, and evidence of lack of occupancy of the structure.

(3)

The commission may determine that a structure which has been abandoned under the intent of this section may continue to exist if the owner can show unusual circumstances which prevented or precluded use of the structure during that period, in which case the structure may be reoccupied.

c.

Destruction or damage.

(1)

If a nonconforming structure or portion of a nonconforming structure is destroyed or damaged by less than 50 percent of the current replacement cost of the structure by accidental means, including, but not limited to, accidental fire, windstorm, flood, civil disorder, or act of war, the structure may be restored to its preexisting nonconforming state. Such restored structure shall meet all other applicable city codes, and nothing herein shall be construed as constituting a waiver of requirements other than those governed by the zoning ordinance. If plans to restore or repair the structure are not submitted for issuance of a building permit within 12 months from the date of the destruction or damage, the structure must be replaced or restored in full conformity with current structural regulations for the district in which it is located. The commission may grant, upon written application by the property owner showing cause, a one-time extension to seek a building permit for a period not to exceed six months.

(2)

If a nonconforming structure or portion of a nonconforming structure is destroyed or damaged by 50 percent or more of the current replacement cost of the structure by accidental means, the structure must be restored in full conformity with current structural regulations for the district in which it is located.

(3)

Multifamily. Notwithstanding the foregoing, existing nonconforming multifamily dwelling developments may be rebuilt in districts MFR-H, MFR-M and MFR-L, in the event of any such damage or destruction, at the same unit per acre density that existed prior to such damage or destruction, and with no increase in the nonconformity and meeting all current codes.

d.

Relocation of structure. Should any such nonconforming structure be moved for any reason for any distance whatever, it shall thereafter conform to the structural regulations for the district in which it is located after it is moved.

e.

Repairs and maintenance.

(1)

On any nonconforming structure or portion of a nonconforming structure, work may be done in any period of 36 consecutive months on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring, or plumbing, to an extent not exceeding 50 percent of the current replacement cost of the nonconforming structure or portion of the structure, as the case may be, provided that the cubic content existing when it became nonconforming shall not be increased.

(2)

A property owner may apply to the commission for an increase in the time period or the percentage limits contained herein to enable repairs necessary for the protection of the public health, safety, and welfare.

(Ord. No. 96-14, § 2, 7-1-1996; Ord. No. 99-2, §§ 1—3, 1-18-1999; Ord. No. 2007-18, § 1, 10-15-2007; Ord. No. 2008-29, § 1, 11-3-2008; Ord. No. 2014-18, § 2, 8-4-2014; Ord. No. 2022-08, § 3, 5-2-2022)