A.

Generally. This Article regulates existing uses, building, lots, or structures that were legally established prior to the effective date of these regulations. These are collectively referred to as nonconformities.

B.

Reduction or Elimination of Nonconformities. This Article provides a set of thresholds for determining when new construction or modifications to existing development require conformance with these regulations.

C.

Conversion of Nonconformities. This Article provides standards by which some nonconformities can be granted conforming status.

D.

Unlawful Uses, Buildings, Structures or Lots Prohibited. This Article does not allow the continuation of uses, buildings, lots, or structures that were not lawfully established. Such uses, buildings, lots, or structures remain subject to all provisions of these regulations and other applicable laws.

(Ord. No. 18-037, § 2, 6-21-18)

A.

Exemptions.

1.

Eminent Domain; Governmental Acquisition. Any nonconformity created or caused by a conveyance of privately owned land to a federal, state, local government, or other entity with eminent domain authority to serve a public purpose is deemed to be conforming for the purposes of these regulations and is not subject to the limitations of this Article. This Section applies only where private land is obtained by a governmental or other condemning entity for a public purpose through purchase, condemnation, threat of condemnation, or otherwise and that creates nonconformity in terms of setback, lot size, or other standards of these regulations. This exemption does not apply to rights-of-way dedication or other public conveyances of land required by the City in the course of subdivision or other development approvals pursuant to these regulations.

2.

Non-Conforming buildings, signs and structures developed on lots with frontage on Seawall Boulevard, and within the HDDZ, are exempt from this Article.

3.

The property described as ABST 628, M Menard Sur NE & SE BLKS 141 & ADJ AC TR (141-3000-0) Galveston Outlots commonly known as the Galveston Island Historic Pleasure Pier is exempt from this Article and shall be a special exception within the Commercial Zone and shall be a legal nonconforming use.

4.

"Place of Public Assembly" in a Residential, Single Family (R-1) zoning district:

a.

A church/place of worship land use, lot or structure that was legally used, erected, or maintained as a church/place of worship in compliance with the 1991 Zoning Standards on or before March 5, 2015.

b.

Any newly acquired property by a church/place of worship complies with Section A.4(a) herein.

Note: A church/place of worship in a Residential, Single Family (R-1) Zoning District that legally existed under the 1991 Zoning Standards is considered a conforming land use under the 2015 Galveston Land Development Regulations. (ORD. 16-045)

B.

Maintenance. This Article does not exempt property owners from ongoing maintenance requirements including the maintenance of existing elements of a use, buildings, structures, landscaping, signs, parking or loading areas, lighting, fences, drainage structures, and systems.

C.

Effect of Article.

1.

Effect on Existing Development Approvals. Nothing in these regulations shall be interpreted to require a change in any plans, construction, or designated use of any building for which a building permit was lawfully obtained from the City prior to the effective date of these regulations, October 30, 2014, or amendment.

2.

Effect on Existing Unlawful Uses, Buildings, Lots, or Structures. Any use, building, lot, or structure that was used, erected, or maintained in violation of any previous ordinance of the City shall not be classified as nonconforming and shall be required to comply with all applicable provisions of these regulations.

(Ord. No. 18-037, § 2, 6-21-18)

A nonconforming use is a use of land that was lawfully established on a parcel or lot before the effective date of these regulations that is no longer allowed after the effective date of these regulations. These include:

1.

Uses that were lawfully established under prior regulations but are not currently listed in the applicable zoning district in Article 2, Uses and Supplemental Standards.

2.

Uses that are currently listed as limited uses in the applicable zoning district in Article 2, Uses and Supplemental Standards that were previously permitted by right and do not comply with the applicable standards of Article 2, Uses and Supplemental Standards.

3.

Uses that are listed as specific uses in the applicable zoning district in Article 2, Uses and Supplemental Standards but were previously permitted by right.

The nonconforming use status may be removed by obtaining approval of a special exception by the Zoning Board of Adjustment.

(Ord. No. 18-037, § 2, 6-21-18)

A nonconforming building is a building that was lawfully constructed prior to the effective date of these regulations that does not conform to the height, setback, building coverage, building scale, spacing, or design standards that are applicable to the same type of building in the zoning district in which the building is located.

(Ord. No. 18-037, § 2, 6-21-18)

A nonconforming structure is a structure other than a building that was lawfully constructed prior to the effective date of these regulations or amendment that does not conform to the standards that are applicable to the same type of structure in the zoning district in which the structure is located.

(Ord. No. 18-037, § 2, 6-21-18)

See Article 9, Landscaping for regulations governing nonconforming landscaping.

(Ord. No. 18-037, § 2, 6-21-18)

See Article 8, Parking and Loading for regulations governing nonconforming parking.

(Ord. No. 18-037, § 2, 6-21-18)

A.

Nonconforming lots are lots or building parcels that were lawfully created before the effective date of these regulations but that do not comply with the lot standards of these regulations.

B.

A lot or legal building site that does not conform to these regulations, is not held in common with any other adjoining lot, and is nonconforming by virtue of area, width, length, or frontage may be developed in conformance with the provisions of Article 3, District Yard, Lot, and Setback Regulations.

(Ord. No. 18-037, § 2, 6-21-18)

See Article 5, Signs for regulations governing nonconforming sign regulations.

(Ord. No. 18-037, § 2, 6-21-18)

A.

Generally. This Section sets out the standards for when nonconforming use must be terminated or removed and when it is allowed to be restored after temporary cessation, damage, or destruction.

B.

Nonconforming Uses. If a nonconforming use is discontinued for a period of 365 consecutive days, for any reason, it shall not be resumed except for Section C(1) and C(2).

C.

Nonconforming Buildings, Structures, and Elements of Buildings or Structures.

1.

If a nonconforming building or structure, or nonconforming element thereof, is damaged or destroyed by any means or is declared unsafe by the City to an extent that repairs would constitute a "substantial improvement, "meaning that the reconstruction cost or area of reconstruction is greater than 50 percent of the cost of replacement or floor area of the building, respectively, the building shall only be reconstructed if in conformity with these regulations.

a.

If a nonconforming element is damaged or destroyed by any natural disaster, the building may be reconstructed to its original design at the point the building or structure was damaged by a natural disaster. The original nonconformity may not be enlarged, increased, or extended. An extension for a building permit(s) may be granted within 365 days of the date the insurance claims are finalized and funded.

2.

If the reconstruction cost or area of reconstruction, whichever is less, is less than or equal to 50 percent of the cost of replacement or floor area of the building, respectively, then the structure may be strengthened or restored to a safe condition provided that:

a.

The original nonconformity is not enlarged, increased, or extended;

b.

Building permits are obtained for repairs within 365 days of the date the building was damaged or if no date can be reasonably established for the damage, the date that the City determines that the building is unsafe; and

c.

The construction is commenced within 365 days after obtaining the required building permits.

3.

Substantial improvement means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the start of construction of the improvement. The market cost or market value of the structure shall be determined as follows:

a.

Insurance Report;

b.

Construction cost estimates; and

c.

Certified appraisal.

(Ord. No. 18-037, § 2, 6-21-18)

A nonconforming use shall not be changed to another nonconforming use.

(Ord. No. 18-037, § 2, 6-21-18)

A.

Generally. Repairs and modifications to nonconformities are permitted as provided in this Section except that nonconforming buildings and structures located in floodplains are subject to the restrictions of the City's floodplain regulations and not this Section.

B.

Repairs and Alterations.

1.

Generally. Non-structural repairs of nonconforming buildings or structures are permitted provided they do not extend or intensify the nonconformity or materially extend their life.

2.

Structural Alterations. Structural alterations to nonconforming buildings and structures are permitted when the alteration is required by the City for code compliance reasons including compliance with design standards or if the alteration will eliminate the nonconformity.

3.

Buildings Containing Nonconforming Uses. No building or structure that contains a nonconforming use shall be enlarged unless the nonconforming use is permanently discontinued or the City requires expansion for code compliance reasons.

C.

Expansion of Nonconforming Uses. Nonconforming uses shall not be expanded, enlarged, extended, increased, or moved to:

1.

Occupy an area of land or building that was not occupied on the effective date of these regulations;

2.

Occupy any open space, parking or loading area, or landscaped area that is required by these regulations;

3.

Exceed building coverage, floor area and/or height limitations of the zoning district in which the use is located;

4.

Occupy any land beyond the boundaries of the property or lot as it existed on the effective date of these regulations; or

5.

Displace any conforming use in the same building or on the same parcel.

(Ord. No. 18-037, § 2, 6-21-18)

A.

Construction on Legal Lots That Do Not Conform to Dimensional Requirements. A legally nonconforming lot that does not meet zoning district requirements with respect to lot area, lot width, or other applicable dimensional standards may be built upon if:

1.

The lot is a lot of record;

2.

The use is allowed in the zoning district in which the lot is located; and

3.

The lot has sufficient frontage on a public street to provide access that is appropriate for the proposed use.

(Ord. No. 18-037, § 2, 6-21-18)

Buildings and structures that are located in areas of special flood hazard shall be removed or brought into compliance with the City's floodplain regulations if they suffer "substantial damage," meaning that the reconstruction cost or area of reconstruction, whichever is less, is greater than 50 percent of the cost of replacement or floor area of the building.

(Ord. No. 18-037, § 2, 6-21-18)

See Article 8, Parking and Loading for regulations governing nonconforming parking.

(Ord. No. 18-037, § 2, 6-21-18)

Many nonconforming uses have existed for a period of time and some may have only recently become nonconforming. In many instances, these nonconforming uses are integral parts of the City's character and function, and their continuing existence does not conflict with the City's policy objective of neighborhood protection. This Division is designed to provide the process to remove the "nonconforming" designation.

(Ord. No. 18-037, § 2, 6-21-18)

An owner of a nonconforming use may apply for a special exception from the Zoning Board of Adjustment, which has the effect of making the nonconforming use conforming.

(Ord. No. 18-037, § 2, 6-21-18)

A.

Generally. A special exception may be granted by the Zoning Board of Adjustment to make a nonconforming use conforming, if, compliance with all of the criteria of this Section is demonstrated.

B.

Nonconformity. The use, as conducted and managed, has been determined to be a nonconforming use that has been integrated into the neighborhood's function or the zoning district's function if it is not in or adjacent to a residential neighborhood as evidenced by the following demonstrations:

1.

Neighborhood residents regularly patronize or are employed at said use for nonresidential uses in or abutting residential neighborhoods;

2.

Management practices eliminate nuisances such as noise, light, waste materials, unreasonably congested on-street parking, or similar conflicts;

3.

There is no material history of complaints to the City about the use. A history of complaints is justification for denying the special exception, unless the conditions of the exception will eliminate the reasons for the complaints;

4.

If the use is nonresidential, it is registered or licensed in accordance with any applicable ordinances of the City; or

5.

The use has been maintained in good condition and its classification as a nonconformity would be a disincentive for such maintenance.

C.

Conditions. Conditions may be imposed relative to the expansion of buffering, landscaping, or other site design provision 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.

(Ord. No. 18-037, § 2, 6-21-18)

A.

Generally. Uses that comply with the conditions of a special exception issued in accordance with this Division are converted from "legally nonconforming uses" to "conforming uses" by virtue of the issuance of the special exception.

B.

Written Approval. Special exceptions shall be approved by the Zoning Board of Adjustment.

(Ord. No. 18-037, § 2, 6-21-18)

(Ord. No. 18-037, § 2, 6-21-18)