A building or structure occupied by a nonconforming use and a building or structure nonconforming as to height, area or yard regulations shall not be added to or enlarged in any manner or moved to another location on a lot within the city. (Ord., 9-3-1996)
9-12-2: CHANGE OF USE:
The nonconforming use of a building or structure may not be changed except to a conforming use. (Ord., 9-3-1996)
9-12-3: CONTINUATION OF USE:
The occupancy of a building or structure by a nonconforming use, existing at the time the ordinance codified herein became effective, may be continued. (Ord., 9-3-1996)
9-12-4: EXPANSION OF USE PERMITTED:
A nonconforming use may be extended to include the entire floor area of the existing building in which it is conducted at the time this use became nonconforming, provided no structural alterations except those required by ordinance or law are made therein, and provided approval is granted by the city council. (Ord., 9-3-1996)
9-12-5: MAINTENANCE PERMITTED:
A nonconforming building or structure may be maintained. (Ord., 9-3-1996)
9-12-6: NONCONFORMING USE OF LAND:
The nonconforming use of land, existing at the time the ordinance became effective, may be continued; provided, that no such nonconforming use of land shall in any way be expanded or extended either on the same or adjoining property; and provided, that if such nonconforming use of land, or any portion thereof, is abandoned or changed, any future use of such land shall be in conformity with the provisions of this title. (Ord., 9-3-1996)
9-12-7: OCCUPATION WITHIN ONE YEAR:
A vacant building or structure may be occupied by a use for which the building or structure was designed or intended if so occupied within a period of one year after the use became nonconforming. (Ord., 9-3-1996)
9-12-8: ONE YEAR VACANCY:
Any nonconforming use of land or building or structure, or portion thereof, which has ceased by discontinuance or abandonment for a continuous period of one year, shall not thereafter be occupied except by a use which conforms to the use regulations of the zone in which it is located. (Ord., 9-3-1996)
9-12-9: REPAIRS AND ALTERATIONS:
Repairs and structural alterations may be made to a nonconforming building which houses a nonconforming use. (Ord., 9-3-1996)
9-12-10: RESTORATION OF DAMAGED BUILDINGS:
A nonconforming building or structure which is damaged or partially destroyed by fire, flood, wind, earthquake or other calamity, or act of God, or the public enemy, to the extent of not more than two and one-half (21/2) times its assessed value at the time, may be restored, and the occupancy or use of such building or structure or part thereof, which existed at the time of such partial destruction, may be continued or resumed; provided, that such restoration is started within a period of one year and is diligently prosecuted to completion. In the event such damage or destruction exceeds two and one-half (21/2) times the assessed valuation of such nonconforming building or structure, no repairs or reconstruction, except in the case of dwelling structures and accessory farm buildings, shall be made unless every part of such building or structure is made to conform to all regulations for new buildings in the zone in which it is located. (Ord., 9-3-1996)
9-12-11: APPLICABILITY TO AMENDMENTS, SUBDIVISIONS ANNEXED:
The foregoing provisions shall also apply to nonconforming uses in districts hereafter changed by amendment to this title or to new subdivisions annexed into the city. (Ord., 9-3-1996)
Garland City Zoning Code
CHAPTER 12
NONCONFORMING BUILDINGS AND USES
9-12-1: ADDITIONS, ENLARGEMENT AND MOVING:
A building or structure occupied by a nonconforming use and a building or structure nonconforming as to height, area or yard regulations shall not be added to or enlarged in any manner or moved to another location on a lot within the city. (Ord., 9-3-1996)
9-12-2: CHANGE OF USE:
The nonconforming use of a building or structure may not be changed except to a conforming use. (Ord., 9-3-1996)
9-12-3: CONTINUATION OF USE:
The occupancy of a building or structure by a nonconforming use, existing at the time the ordinance codified herein became effective, may be continued. (Ord., 9-3-1996)
9-12-4: EXPANSION OF USE PERMITTED:
A nonconforming use may be extended to include the entire floor area of the existing building in which it is conducted at the time this use became nonconforming, provided no structural alterations except those required by ordinance or law are made therein, and provided approval is granted by the city council. (Ord., 9-3-1996)
9-12-5: MAINTENANCE PERMITTED:
A nonconforming building or structure may be maintained. (Ord., 9-3-1996)
9-12-6: NONCONFORMING USE OF LAND:
The nonconforming use of land, existing at the time the ordinance became effective, may be continued; provided, that no such nonconforming use of land shall in any way be expanded or extended either on the same or adjoining property; and provided, that if such nonconforming use of land, or any portion thereof, is abandoned or changed, any future use of such land shall be in conformity with the provisions of this title. (Ord., 9-3-1996)
9-12-7: OCCUPATION WITHIN ONE YEAR:
A vacant building or structure may be occupied by a use for which the building or structure was designed or intended if so occupied within a period of one year after the use became nonconforming. (Ord., 9-3-1996)
9-12-8: ONE YEAR VACANCY:
Any nonconforming use of land or building or structure, or portion thereof, which has ceased by discontinuance or abandonment for a continuous period of one year, shall not thereafter be occupied except by a use which conforms to the use regulations of the zone in which it is located. (Ord., 9-3-1996)
9-12-9: REPAIRS AND ALTERATIONS:
Repairs and structural alterations may be made to a nonconforming building which houses a nonconforming use. (Ord., 9-3-1996)
9-12-10: RESTORATION OF DAMAGED BUILDINGS:
A nonconforming building or structure which is damaged or partially destroyed by fire, flood, wind, earthquake or other calamity, or act of God, or the public enemy, to the extent of not more than two and one-half (21/2) times its assessed value at the time, may be restored, and the occupancy or use of such building or structure or part thereof, which existed at the time of such partial destruction, may be continued or resumed; provided, that such restoration is started within a period of one year and is diligently prosecuted to completion. In the event such damage or destruction exceeds two and one-half (21/2) times the assessed valuation of such nonconforming building or structure, no repairs or reconstruction, except in the case of dwelling structures and accessory farm buildings, shall be made unless every part of such building or structure is made to conform to all regulations for new buildings in the zone in which it is located. (Ord., 9-3-1996)
9-12-11: APPLICABILITY TO AMENDMENTS, SUBDIVISIONS ANNEXED:
The foregoing provisions shall also apply to nonconforming uses in districts hereafter changed by amendment to this title or to new subdivisions annexed into the city. (Ord., 9-3-1996)