The purpose of this chapter is to regulate the continuation, maintenance, modification, replacement and termination of legally established uses, lots, structures, signs and sites that no longer conform to the provisions of this Code.

The provisions of this chapter are adopted pursuant to Texas Local Government Code chs. 43, 211 and 212 and the City Charter.

The provisions of this chapter shall be applicable to all nonconforming situations within the City's incorporated limits and extraterritorial jurisdiction.

A.

Determination of Nonconforming Status.

Determination of nonconforming status shall be made by the Director or their designee, subject to appeal to the Zoning Board of Adjustment as outlined in Section 3.15 of this Code.

B.

Legal Nonconforming Status.

1.

A structure, lot, site, sign, or use which was lawfully in existence, constructed, and located on the effective date or applicability of this Code or any amendment thereto or was legally constructed to meet previous requirements of this Code and has been in regular and continuous use, but which does not conform to the current requirements of this Unified Development Code, shall be granted legal nonconforming status, except as specifically exempted or prohibited by other sections of this chapter. A legal nonconforming structure, lot, site, sign, or use may remain or continue, subsequent to the effective date of this Code and any amendments thereto, provided that such continuance is in accordance with the provisions of this chapter and all other applicable codes of the City.

2.

The violation of any of the provisions of one or more of the following ordinances or requirements may cause the Director to terminate the legal right to operate such nonconforming structure, lot, site, sign, or use, subject to appeal to the Zoning Board of Adjustment pursuant to Section 3.15 of this Code:

a.

Constructing or maintaining or operating a use conducted in or associated with a building or structure erected without a permit from the City;

b.

Operating a use or occupying a building or structure without a valid Certificate Of Occupancy from the City;

c.

Operating a use in violation of a valid Certificate Of Occupancy;

d.

Unlawful expansion of a nonconforming use, site, or structure;

e.

Unlawful outside display or storage in required parking spaces; or

f.

Any other violation of this Code as determined by the Director.

C.

Illegal Nonconforming Status.

A structure, lot, site, sign, or use that is in violation of the requirements of this Code and was constructed or established since the adoption of this Code without the necessary approvals, permits, or authorizations from the City is considered illegal nonconforming. The owner and/or operator of an illegal nonconforming structure, lot, site, sign, or use shall be subject to actions and penalties allowed by this Code and all other applicable City ordinances and shall be required to correct the nonconforming situation to come into conformance with all applicable standards and regulations of this Code.

D.

Types of Nonconforming Situations.

The following are types of nonconforming situations for which nonconforming status shall be determined:

1.

Nonconforming uses;

2.

Nonconforming lots;

3.

Nonconforming structures;

4.

Nonconforming sites; and

5.

Nonconforming signs.

E.

Ownership.

The lawful change of ownership of a nonconforming situation without any change in land use shall not cause the loss of legal nonconforming status.

F.

Reversal Prohibited.

Once a nonconforming use, structure, site, lot, or sign has been changed to conform with the provisions of this Code, the use, structure, site, lot, or sign shall not thereafter be changed so as to be nonconforming again. Once a nonconforming use, structure, site, lot, or sign has been changed to more nearly conform with the provisions of this Code, the use, structure, site, lot, or sign shall not thereafter be changed so as to be less conforming again.

G.

Legal Nonconforming Status for Newly Annexed Territory.

After Annexation of an area, a person may continue to use the land in the newly annexed area in the same manner in which the land was used on the date Annexation proceedings were instituted if the land use was legal at the time. This includes any beginning use of land in the newly annexed area in the manner that was planned for the land before the 90th day before the effective date of Annexation if:

1.

One or more licenses, certificates, permits, approvals, or other forms of authorization by a governmental entity were required by law for the planned use; and

2.

A completed application for the initial authorization was filed with the governmental entity before the date the Annexation proceedings were instituted, as described in Texas Local Government Code § 43.002(a)(2).

H.

Change in Status of Adjacent Property.

A structure, site, or use that complies with the development regulations of this Code does not become nonconforming as the result of a change in the use, zoning, or development of adjacent property.

A.

Residential Structures.

Any single-family or two-family structure lawfully existing on the effective date of this Code shall be deemed a lawful structure.

B.

Prior Construction Plans.

Nothing contained herein shall require any change in the plans, construction, or designated use of a building legally under construction or for which a permit for construction has been issued at the time of passage of this Code or amendments. Construction may be completed in accordance with the terms of the permits, so long as those permits were validly issued and remain unrevoked and unexpired.

C.

Prior Undeveloped Site Plans.

Nothing contained herein shall require any change in the plans and subsequent construction of a site subject to an approved and valid, but undeveloped, Site Plan at the time of passage of this Code or amendments. Construction may commence in accordance with the terms of the Site Plan and any required permits, so long as those permits were validly issued and remain unrevoked and unexpired. If a Site Plan has expired or, in the case of a phased Site Plan, the construction of subsequent phases has not commenced prior to expiration, this exemption shall not be applicable.

D.

Prior Approval Granted.

Structures, lots, sites, and signs that are nonconforming due to prior Variance, Special Exception, Administrative Exception, or other approval shall not be subject to the provisions of this chapter, but shall conform to the terms and processes of their approval.

E.

Governmental Acquisition of Right-of-Way.

A lawful structure, lot, site, sign, or use that is made noncompliant regarding any requirement of this Code due to the acquisition of right-of-way by eminent domain, dedication, or purchase by a city, county, state, or federal agency shall be deemed legal nonconforming. Such exemption shall apply only to noncompliance that is a direct result of the acquisition of right-of-way.

F.

Portable Classrooms.

For purposes of this chapter, the addition of portable classrooms, pursuant to Subsection 5.08.020.G of this Code, shall not be considered an expansion of a legal nonconforming use, structure, or site.

G.

Accessory Structures for Livestock.

The provisions of this chapter shall not prevent the repair, restoration, replacement, or construction of accessory structures necessary for or directly related to the ownership or raising of livestock for agricultural purposes, including, but not limited to, barns, shelters, sheds, or other structures. A second dwelling unit in an Agriculture District shall not be considered an accessory structure for the purposes of this provision.

A.

Effect of Abandonment.

Abandonment of a legal nonconforming situation shall result in the loss of the existing legal nonconforming status previously granted. All use of the premises shall cease and any future use of the premises may only occur as provided for in this chapter.

B.

Determination of Abandonment.

1.

A legal nonconforming use shall be considered abandoned after the nonconforming use has not occupied the building or site for a period of 12 months.

2.

A legal nonconforming structure shall be considered abandoned after the structure has been vacant for a period of 18 months.

3.

A legal nonconforming site shall be considered abandoned after the site has been vacant for a period of 18 months.

4.

A legal nonconforming sign shall be considered abandoned after the site on which it is located has been vacant for a period of 90 days.

5.

Occurrence of a combination of one or more of the following situations shall be a sign of vacancy or lack of occupancy for the purposes of determining abandonment:

a.

The building, structure, activity or land has been unoccupied or out of use;

b.

The intention of the owner to discontinue the use is apparent;

c.

One or more utility accounts have been discontinued;

d.

Utility meters are removed;

e.

The occupant or owner has allowed any taxes to not be paid thereon;

f.

The site or structure has not been maintained;

g.

The unit has not been made available for occupancy;

h.

The characteristic equipment and furnishings of a nonconforming use have been removed from the premises; or

i.

A nonconforming use has been replaced by a conforming use.

6.

The time period for determining abandonment of a legal nonconforming site or structure may be extended to a maximum of three years if the property has been consistently maintained and the owner of the land or structure can prove to the satisfaction of the Director that they have been actively and continuously marketing the land or structure for sale or lease or have otherwise engaged in activities that would affirmatively prove there was no intent to abandon. This provision excludes the exemption of any nonconforming signage on the site.

7.

An owner of a legal nonconforming use located in a structure specifically constructed or modified to suit only such use may request a Special Exception from the Zoning Board of Adjustment, pursuant to Section 3.15 of this Code, to extend the time period for determining abandonment to a maximum of four years, provided the property has been consistently maintained; the structure has not been intentionally altered to serve other uses, used to house a permitted use, or used to house another nonconforming use; and the owner can prove to the satisfaction of the Board that they have been actively and continuously marketing the structure for sale or lease to such a use. This provision excludes the exemption of any nonconforming signage on the site.

8.

All of the buildings, activities, and operations maintained on a lot are generally to be considered as a whole for the purposes of determining abandonment. A multi-tenant site, building or shopping center shall be considered occupied for the purposes of this chapter, provided it remains at least 30 percent (30%) occupied. The failure to rent one space in a nonconforming building or on a nonconforming site shall not result in a loss of the right to rent space thereafter so long as the building or site as a whole is continuously maintained and at least 30 percent (30%) of the units remain rented.

9.

The time period for determining abandonment shall exclude any period of discontinuance of use caused by government actions impeding access to the premises without any contributing cause by the owner of the legal nonconforming use, site, or structure.

Nothing within this chapter precludes the application for and approval of a Variance meeting the standards for such under Section 3.15 of this Code.

The right to operate or maintain a nonconforming situation may be terminated by the Zoning Board of Adjustment in accordance with the provisions of this chapter. Any Appeal of the termination of nonconforming rights under this chapter shall be made to District Court within 30 days of receipt of written notice of the termination by the Zoning Board of Adjustment.

A Nonconforming Use is one that is not permitted within the Zoning District assigned to the property upon which the use is located. In addition, a use located in a Zoning District in which it could lawfully locate with the approval of a Special Use Permit but lacking such a permit or a use allowed as a limited use that does not conform to such limitations shall also be considered nonconforming. Those Nonconforming Uses lawfully existing and located on the effective date or applicability of this Code or subsequent amendments thereto shall be considered Legal Nonconforming Uses.

The owner of a Nonconforming Use may employ the following mechanisms in an attempt to eliminate the nonconformity:

A.

Replacing the Nonconforming Use with a Conforming Use;

B.

Rezoning to a district where the use is permitted by right;

C.

Obtaining a Special Use Permit, provided the use is listed as one that would be allowed in the zoning district with a Special Use Permit;

D.

Complying with the applicable limitations for such use, provided that the use is listed as one that is allowed in the Zoning District subject to limitations set forth in Chapter 5; or

E.

Obtaining a Special Exception from the Zoning Board of Adjustments, pursuant to Section 3.15 of this Code, if the Special Exception is allowed by this Code and would make the use conforming.

A.

A Nonconforming Use may be replaced by the same specific use, as listed in the Use Tables in Chapter 5, provided that use has not been abandoned.

B.

A change of use occurs when the current use of a site or structure is replaced with a use that is not listed as the same specific use in the Use Tables in Chapter 5.

C.

The Director may approve an Administrative Exception, pursuant to Section 3.16 of this Code, to allow a change from one Nonconforming Use to another Nonconforming Use if it is determined that the new Nonconforming Use will clearly have a lesser impact on the surrounding area than the existing Nonconforming Use. Any appeal of the Director's determination shall be made to the City Council. The following criteria may be considered when determining the impact on the surrounding area.

1.

Hours of operation;

2.

Number of employees;

3.

Square footage occupied;

4.

Amount of parking required;

5.

The type of customer targeted;

6.

Traffic generation;

7.

Number of daily deliveries;

8.

Noise;

9.

Lighting;

10.

Similarity to surrounding land uses;

11.

Benefit to the surrounding area; and

12.

Compatibility with the existing and future use or make up of the area.

D.

In no event may a change of use occur that would allow a use that would increase the degree or intensity of nonconformity or result in the expansion of any existing nonconforming situation or the creation of any new nonconforming situation.

In the event a Nonconforming Use is determined to be abandoned, the structure or site shall thereafter only be occupied in accordance with the provisions of this Code. See Section 14.01.060 of this chapter for the time frame for the determination of abandonment.

A.

A Legal Nonconforming Use may be expanded or enlarged only upon approval of a Special Exception by the Zoning Board of Adjustment, pursuant to Section 3.15 of this Code, except as follows:

1.

The Director may approve an Administrative Exception, pursuant to Section 3.16 of this Code, if it is determined that the expansion or enlargement of the use or an accessory use or site modifications (for example parking) would make the use more conforming to the current standards of this Code; or

2.

Expansion or enlargement is required by City ordinance, State law, or federal law.

B.

A Legal Nonconforming Use shall be considered enlarged, expanded, or increased by the following:

1.

Increasing the square footage of the building housing the Nonconforming Use;

2.

Expanding the square footage occupied by a Nonconforming Use within an existing building;

3.

Occupying a greater portion of the tract on which the use is located;

4.

Construction of additional buildings associated with the nonconforming use; or

5.

Increasing the scope, volume, or intensity of the use in a significant way.

C.

For purposes of this provision, the addition or alteration of signage shall not be considered expansion of a legal nonconforming use that is made so due to lack of an approved Special Use Permit or limitation.

D.

An expansion of a Legal Nonconforming Use may not create any new nonconformity.

A.

Natural or Accidental Causes.

1.

Whenever the structure in which a Legal Nonconforming Use is housed, operated, or maintained is damaged or destroyed by natural or accidental causes to the extent of more than 50 percent (50%) of the market value of the structure on the date of the damage, the right to operate such nonconforming use shall cease unless a Special Exception is granted by the Zoning Board of Adjustment, pursuant to Section 3.15 of this Code.

2.

In the event that a structure in which a Legal Nonconforming Use is housed, operated, or maintained is partially damaged or destroyed, such that the damage does not exceed 50 percent (50%) of the market value of the structure on the date of the damage, the Nonconforming Use shall be allowed to continue and the structure may be rebuilt upon issuance of a Building Permit by the Building Official.

3.

Permitting for any allowed reconstruction of the structure must thereafter commence within six months of the damaging event and reconstruction shall be completed, as determined by issuance of a Certificate of Occupancy, within one year of the event. The timeframes herein may be extended for good cause as proven to the Director, provided there is no adverse affect on the community.

4.

A structure restored under Section 14.02.060 must be restored or reconstructed so as to have no greater gross floor area, building footprint or height as the damaged or destroyed structure. The property owner has the burden of proof to establish the dimensions of the structure immediately prior to the damage or destruction.

5.

The value of the structure and the percent value lost due to any destruction shall be determined by an appraisal submitted to the Building Official.

B.

Intentional Destruction.

A Legal Nonconforming Use terminates when the structure housing the Nonconforming Use is destroyed by the intentional act of the owner or his agent.

Additional telecommunications antennae and necessary equipment may be attached to a preexisting nonconforming telecommunications tower provided the addition causes no expansion of the footprint of the tower and meets the requirements of Subsection 5.10.010.C of this Code.

A Nonconforming Lot is a lot of record that does not meet the minimum area or dimensional requirements of the zoning district in which the lot is located. Those nonconforming lots lawfully existing on the effective date or applicability of this Code or subsequent amendments thereto shall be considered Legal Nonconforming Lots.

A Legal Nonconforming Lot may continue to exist indefinitely and may be developed and used as if it were a conforming lot, provided the proposed use is permitted and all development standards of the applicable Zoning District of this Code are met.

The owner of a Nonconforming Lot may employ the following mechanisms in an attempt to eliminate the nonconformity:

A.

Combine the lot with an adjacent property to conform to current standards;

B.

Apply for a Variance, pursuant to Section 3.15 of this Code, to allow the lot as is; or

C.

Rezone to a District where the lot would conform.

No new division of any lot or parcel shall be made which increases the level of existing nonconformity, leaves any lot, parcel, or remnant with width or area below the requirements stated in this Code or creates any new nonconforming situation.

A.

A Nonconforming Structure is one that does not meet the setbacks, height limitations, material requirements, or articulation as required by this Code. Those Nonconforming Structures lawfully constructed and existing on the effective date or applicability of this Code or any amendment thereto shall be considered Legal Nonconforming Structures. For the purposes of this section, the term structure means anything constructed or erected on the ground or which is attached to something located on the ground, except signs, and includes, but is not limited to, buildings, telecommunications towers, utility improvements and sheds. These provisions shall be applicable to all structures regardless of whether they are deemed principal or accessory.

The owner of a Nonconforming Structure may employ the following mechanisms in an attempt to eliminate the nonconformity:

A.

Modify the structure to conform to current standards;

B.

Apply for a Variance, pursuant to Section 3.15 of this Code, to allow the structure as built; or

C.

Rezone to a district where the structure would conform.

A Legally Nonconforming Structure shall be maintained in accordance with the codes in effect when the building was constructed or as deemed necessary by the Building Official for the general safety and welfare of the occupant and the public. The repairs required by the Building Official shall not be construed as to allow an addition to or expansion of a Nonconforming Structure. Except as otherwise provided for in this chapter, no repair or maintenance may result in the expansion of any existing nonconformity or the creation of any new nonconformity.

A.

Nothing in this chapter shall be construed to prohibit the strengthening or repair of any part of any nonconforming structure declared unsafe by the Building Official, unless such repairs exceed 50 percent (50%) of the value of the structure. In such case the right to operate, occupy or maintain such structure may be terminated by action of the Zoning Board of Adjustment and such structure shall be demolished. The value of the structure and the percent value lost due to any destruction shall be determined by an appraisal submitted to the Building Official.

B.

Nothing in this chapter shall be construed to permit the continued use of a building or structure found to be in violation of building, basic life safety, or health codes of the City. The right to continue any nonconformity shall be subject to all applicable housing, building, health, and other applicable life safety codes.

In the event a Nonconforming Structure is determined to be abandoned, the structure shall be modified to conform to all applicable requirements of this Code. However, a Special Exception may be granted by the Zoning Board of Adjustment, pursuant to Section 3.15 of this Code, if it is determined that conformance with all requirements of this Code will cause the expansion or creation of another nonconformity or where it is determined that all provisions of this Code cannot be reasonably met. See Section 14.01.060 of this chapter for the time frame for the determination of abandonment.

Interior remodeling of a Legally Nonconforming Structure is permitted and will not result in loss of legal nonconforming status regardless of the cost or extent of the interior remodel, as long as no exterior remodeling is involved. If exterior alteration in conjunction with interior remodeling is involved, loss of legal nonconforming status will be determined pursuant to the provisions set forth in this chapter related to such alteration.

A Nonconforming Structure shall not be moved to another location on the same lot or any other lot unless the entire structure is thereafter made to conform to all requirements of this Code for the district to which the structure is being moved.

A.

A Legal Nonconforming Structure may be expanded or enlarged up to 50 percent (50%) of its size without approval of the Zoning Board of Adjustment.

B.

A Legal Nonconforming Structure may be expanded or enlarged in excess of 50 percent (50%) of its size only upon approval of a Special Exception by the Zoning Board of Adjustment, pursuant to Section 3.15 of this Code.

C.

If such expansion or enlargement is in excess of 100 percent (100%) of the size of the existing structure, all provisions of this Code shall be applicable to the existing structure or structures as well as any new construction on the lot or parcel. For the existing structure, where it is determined that all provisions of this Code cannot be reasonably met or conformance with all requirements of this Code will cause the expansion or creation of another nonconformity, the applicant may request approval of a Special Exception by the Zoning Board of Adjustment, pursuant to Section 3.15 of this Code.

D.

For purposes of determining the expansion or enlargement of a Nonconforming Structure, the square footage of all previous expansions under this subsection shall be cumulative and the square footage of the original structure shall be the initial size for purposes of the calculation.

E.

All expansion or enlargement of structures under this subsection shall be in compliance with all applicable regulations of the zoning district in which such structure is located. In no event may the expansion or enlargement result in the increase of any existing nonconformity or the creation of any new nonconformity.

A.

Natural or Accidental Causes.

1.

A Legal Nonconforming Structure, which is damaged or destroyed by natural or accidental causes, may only be reconstructed as it was before such happening within the timelines herein.

2.

Permitting for reconstruction of such structure must thereafter commence within six months of the damaging event and reconstruction shall be completed, as determined by issuance of a Certificate of Occupancy, within one year of the event. The timeframes herein may be extended for good cause as proven to the Director, provided there is no adverse affect on the community.

3.

A structure restored under this Subsection must be restored or reconstructed so as to have no greater gross floor area, building footprint, or height as the damaged or destroyed structure.

B.

Historic Structures.

1.

A nonconforming structure designated as historic at the state or national level or identified as a Medium or High Priority Structure in the Georgetown Historic Resource Survey shall be allowed to be restored in the same location, design, and configuration immediately preceding any damage or destruction that is caused by a fire or natural disaster. Permitting for such reconstruction shall commence within 18 months of the damaging event and be completed, as determined by issuance of a Certificate of Occupancy, within three years of the event.

2.

Reconstruction of a structure under this section that will not restore the structure in the same location, design, and configuration as it was immediately preceding damage, may be granted the timelines herein if the Historic and Architectural Review Commission, after a conceptual review of the proposed addition or alteration pursuant to Subsection 3.13.020.B, determines the addition or alteration appropriate and the timelines herein applicable.

3.

The timeframes herein may be extended for good cause as proven to the Director, provided there is no adverse affect on the community.

4.

The property owner has the burden of proof to establish the details of the structure immediately prior to the damage or destruction.

C.

Intentional Destruction.

A Nonconforming Structure which is damaged or destroyed by the intentional act of the owner or his agent may not be restored or reconstructed as it was before such happening.

A Nonconforming Site is one where one or more existing site improvements, including but not limited to parking areas, storm drainage facilities, sidewalks and landscaping, do not conform to one or more of the regulations of this Code applicable to the property. Those Nonconforming Sites lawfully existing on the effective date or applicability of this Code or any amendment thereto shall be considered Legal Nonconforming Sites.

The owner of a Nonconforming Site may employ the following mechanisms in an attempt to eliminate the nonconformity.

A.

Modify the site to conform to current standards;

B.

Apply for a Variance, pursuant to Section 3.15 of this Code, to allow the site as built; or

C.

Rezone to a District where the site would conform.

A Legally Nonconforming Site shall be maintained in accordance with the codes in effect when the site was constructed or as deemed necessary by the Director for the general safety and welfare of the occupant and the public. Any repairs or maintenance required by the Director shall not be construed as to allow an addition to or expansion of a Nonconforming Site. Except as otherwise provided for in this chapter; no repair or maintenance may result in the expansion of any existing nonconformity or the creation of any new nonconformity. Maintenance of a site may include, but is not limited to, maintenance of landscaping, pavement, lighting, or detention ponds.

A change in the tenant of a Legal Nonconforming Site shall not cause the site to lose its legal nonconforming status. Nonconforming uses are subject to the provisions of Section 14.02 of this chapter. Tenant changes are categorized into the following situations.

A.

Tenant with Same Use.

A change in tenant of a Legal Nonconforming Site to a tenant with the same specific use, as listed in the use tables in Chapter 5, is permitted without any required changes to the Nonconforming Site.

B.

Tenant with Similar or Less Intense Use.

A change in tenant of a legal nonconforming site to a tenant with a similar or less intense use as the previous tenant may be allowed without any required changes to a nonconforming site; provided the restrictions below are met.

1.

The new use shall have a parking requirement less than or equal to the previous use.

2.

The new use shall not increase the amount of outside storage or activities previously existing.

3.

The average daily vehicle trips generated by the new use shall be less than or equal to the previous use.

4.

The new use shall not produce more noise, vibration, dust, odor, fumes, glare, or smoke than the previous use.

5.

The site shall be maintained and in conformance with any Site Plan or regulations in effect when the site was established or last improved. This includes, but is not limited to, the replacement of any dead plants or trees, the re-striping of parking spaces, and the repaving of deteriorated pavement.

6.

The new use shall meet all limitations or requirements of Chapter 5 for such use without alteration to the site.

C.

Tenant with Different Use.

Any change in tenant that does not meet the provisions of the preceding categories shall be determined to be a change to a different use. A change in tenant of a Legal Nonconforming Site to a tenant with a different use as the previous tenant shall require the following alterations to the Nonconforming Site.

1.

Any increase in parking spaces between those required for the previous use and those required for the new use shall be provided. If the previous use was deficient in the number of required parking spaces, the new use may carry over the deficiency. Construction of additional required parking spaces shall be in conformance with Section 14.05.060. If the additional spaces required cannot be met on site, the applicant may request the requirement be met off-site pursuant to Section 9.02.050 of this Code.

2.

The site shall be maintained in conformance with any Site Plan or regulations in effect when the site was established or last improved. This includes, but is not limited to, the replacement of any dead plants or trees, the re-striping of parking spaces and the repaving of deteriorated pavement as determined by the Development Engineer.

3.

Those parking spaces that are accessed via public right-of-way shall be removed and those spaces replaced elsewhere on the site if those spaces are necessary to meet the minimum parking requirements. This provision does not apply to any on-street parking spaces otherwise approved by the Development Engineer.

4.

The new use shall meet all limitations or requirements of Chapter 5 for such use, including, but not limited to, setback requirements, buffers and screening.

In the event a Nonconforming Site is determined to be abandoned, the site shall be altered to conform to all applicable requirements of this Code, as outlined below, upon re-occupancy, except as provided for in Section 14.05.070. However, a Special Exception may be granted by the Zoning Board of Adjustment, pursuant to Section 3.15 of this Code, if it is determined that conformance with all requirements of this Code will cause the expansion or creation of another nonconformity or where it is determined that all provisions of this Code cannot be reasonably met. See Section 14.01.060 of this chapter for the time frame for the determination of abandonment.

A.

Parking and Parking Lot Design.

An abandoned site shall be altered to provide parking numbers and parking lot design in conformance with the following:

1.

All required parking spaces for the subject use must be provided. Construction of additional required parking spaces shall be in conformance with Section 14.05.060. If the additional spaces required cannot be met on site, the applicant may request the requirement be met off-site pursuant to Section 9.02.050 of this Code.

2.

All deteriorated pavement, as determined by the Development Engineer, must be repaved in accordance with this Code.

3.

All existing parking spaces and maneuvering areas shall be re-striped to be in conformance with the dimensional requirements of Chapter 9.

4.

Those parking spaces that are accessed via public right-of-way shall be removed and those spaces replaced elsewhere on the site if those spaces are necessary to meet the minimum parking requirements. This provision does not apply to any on-street parking spaces otherwise approved by the Development Engineer.

B.

Driveways.

An abandoned site containing driveways not conforming to the number, spacing, or width requirements of this Code shall be altered to be in conformance with such. Nothing herein shall be construed as to require the removal of all driveway access to a property.

C.

Landscaping.

An abandoned site shall be altered to conform to all applicable landscaping requirements of Chapter 8 of this Code. Any area on site that is available for landscaping shall be so utilized to meet these requirements. When the City grants permission, the owner or operator of the site may also use areas within the public right-of-way to satisfy landscaping requirements. Where landscaping in accordance with the provisions of Chapter 8 cannot be reasonably met, the applicant may request the Director consider an alternative plan that meets the intent of the requirements.

D.

Setbacks.

An abandoned site shall be altered to conform to all applicable setback requirements of Chapters 4, 6, and 7 of this Code. However, a Special Exception may be granted by the Zoning Board of Adjustment, pursuant to Section 3.15 of this Code, if it is determined that conformance with all setback requirements will cause the expansion or creation of another nonconformity or where it is determined that all provisions of this Code cannot be reasonably met.

E.

Requirements of Chapter 5.

The abandoned site shall be altered to conform to all applicable limitations or requirements of Chapter 5 for the new use, including, but not limited to, setback requirements, buffers, and screening. Any designated outdoor display or storage areas shall be altered to conform to the provisions of Section 5.09 of this Code.

F.

Sidewalks.

An abandoned site that does not have sidewalks in conformance with Chapter 12 shall be altered to include such.

G.

Impervious Coverage.

Impervious coverage that exceeds the allowance for the zoning district and lot size identified in Chapter 11 is not required to be removed in order to meet the impervious coverage requirements of this Code. However, in no case shall the impervious coverage of the tract be increased unless done so in compliance with the provisions of Chapter 11.

H.

Incidental Site Features.

All incidental site features including, but not limited to, fences, dumpsters, lighting and mechanical equipment must be altered to conform to the provisions of this Code.

Site improvements that are required to meet the provisions of this chapter shall be reviewed pursuant to the process detailed in Chapter 3 of this Code.

Required site improvements must be made as part of the event that triggers the improvements. However, the applicant may request an Administrative Exception from the Director to phase construction of and post bond for up to half of the improvements required. Any required parking that is triggered may not be bonded and must be constructed as part of the first phase. A Conditional Certificate of Occupancy (CO) may be issued for any occupant, pending construction of these and all other required improvements of this Code. Improvements postponed under this provision shall be constructed within one year of the issuance of the Conditional CO. It is the responsibility of the applicant to document the value of the required improvements for the purposes of bonding.

A.

A Legal Nonconforming Site may be expanded or enlarged up to 25 percent (25%) of its size without approval of the Zoning Board of Adjustment.

B.

A Legal Nonconforming Site may be expanded or enlarged in excess of 25 percent (25%) of its size only upon approval of a Special Exception by the Zoning Board of Adjustment, pursuant to Section 3.15 of this Code, except as follows:

1.

The Director may approve an Administrative Exception, pursuant to Section 3.16 of this Code, if it is determined that the expansion or enlargement of the site would make the site more conforming to the current standards of this Code; or

2.

Expansion or enlargement is required by City ordinance, State law or federal law.

C.

If such expansion or enlargement is in excess of 50 percent (50%) of the size of the existing site, all provisions of this Code shall be applicable to the existing site as well as any new construction on the lot or parcel. For the existing site, where it is determined that all provisions of this Code cannot be reasonably met or conformance with all requirements of this Code will cause the expansion or creation of another nonconformity, the applicant may request approval of a Special Exception by the Zoning Board of Adjustment, pursuant to Section 3.15 of this Code.

D.

A Legal Nonconforming Site shall be considered enlarged or expanded by the following:

1.

Occupying a greater portion of the tract;

2.

Construction of additional buildings; or

3.

Construction of any additional improvements on a portion of the tract that was not previously developed.

E.

For purposes of determining the expansion or enlargement of a nonconforming site, the square footage of all previous expansions under this subsection shall be cumulative and the square footage of the original site shall be the initial size for purposes of the calculation.

F.

All expansion or enlargement of sites under Section 14.05.080 must be in compliance with all applicable regulations of this Code. In no event may the expansion or enlargement result in the increase of any existing nonconformity or the creation of any new nonconformity.

A Nonconforming Sign is one that does not comply with the standards of this Code. Those Nonconforming Signs lawfully existing and located on the effective date or applicability of this Code or any amendments thereto shall be considered Legal Nonconforming Signs.

The owner of a Nonconforming Sign may employ the following mechanisms in an attempt to eliminate the nonconformity:

A.

Modify the sign to conform;

B.

Apply for a Variance, pursuant to Section 3.15 (height and location only), to allow the sign as built, if such variance is allowed by the provisions of Chapter 10; or

C.

Rezone to a Zoning District where the sign would conform.

Repairs and maintenance may be made to a Legal Nonconforming Sign, provided that no structural alteration shall be made except those required by the Building Official in order to comply with the provisions of the Code of Ordinances or this Code. In no event may any repair or maintenance result in the expansion of any existing nonconformity or the creation of any new nonconformity.

In the event a Legal Nonconforming Sign is determined to be abandoned, the sign shall be eliminated or modified to conform to all requirements of this Code. See Section 14.01.060 of this chapter for the time frame for the determination of abandonment.

A change in the information on the sign face of a Legal Nonconforming Sign is allowed; provided the change of information does not increase the area of the sign face. However, a Nonconforming Sign shall either be eliminated or made to conform to the provisions of this Code, when any alteration, modification, or improvement is more than 60 percent (60%) of the appraised value of erecting a new sign of the same type at the same location.

A.

Natural or Accidental Causes.

1.

A Legal Nonconforming Sign, which is damaged or destroyed by natural or accidental causes, may only be reconstructed as it was before such cause within six months of the damaging event. The timeframes herein shall exclude any delay in commencement due to insurance or litigation.

2.

A sign restored under Section 14.06.060 must be restored or reconstructed so as to have a height and sign face area less than or equal to that of the damaged or destroyed sign. The property owner has the burden of proof to establish the height and sign face area immediately prior to the damage or destruction.

3.

The value of the sign and the percent value lost due to any destruction shall be determined by an appraisal submitted to the Building Official.

B.

Intentional Destruction.

A right to retain a Legal Nonconforming Sign terminates when the Nonconforming Sign is destroyed by the intentional act of the owner or his agent.

Except as otherwise provided by this Code, the Building Official shall cause the immediate removal of any sign constructed, erected, or placed in violation of the provisions of this Code or expressly prohibited and any sign that represents a clear and present danger to the health or safety of the public due to its structural condition.