Harker Heights City Zoning Code
NONCONFORMING AND
PROHIBITED USES
§ 155.100 NONCONFORMING USE OF LAND.
The nonconforming use of land where no building is involved may be continued for a period of not more than two years therefrom; provided that no such nonconforming use of land shall in any way be expanded or extended, either on the same or adjoining property, and that if such nonconforming use of land or any portion thereof is discontinued or changed, any future use of such land shall be in conformity with regulations of the district in which it lies. Any nonconforming use which has been discontinued for 12 months or longer shall be considered abandoned, and any subsequent use of the land or building shall comply with then-current regulations and requirements.
(Ord. 2001-36, passed 11-13-01; Am. Ord. 2006-40, passed 10-24-06)
§ 155.101 NONCONFORMING USE OF BUILDINGS.
(A) Except as otherwise provided in this subchapter, the nonconforming use of a building may be continued and the use of a nonconforming building may be changed to another use of the same or more restricted classification, but where such use is changed to a more restricted classification it shall not thereafter be changed back to a use of a less restricted classification. A nonconforming building which is or may hereafter become vacant and which shall remain unoccupied or its nonconforming use discontinued for a continuous period of one year shall not thereafter be occupied except by a use which conforms to regulations of the district in which it is located. A nonconforming building may be maintained or kept in good repair except as otherwise provided in this section.
(B) No existing nonconforming building may be enlarged, reconstructed, or altered unless its use is changed to a use permitted in the district in which such building is located except in the event such enlargement, extension, reconstruction or alteration is required by court decision, law, or ordinance.
(C) No nonconforming building shall be moved in whole or in part to any other location on the lot unless every portion of such building is made to conform to all the regulations of the district in which it is located.
(D) A nonconforming building which is damaged by fire, explosion, flood, wind, earthquake, or other calamity or act of God or the public enemy to the extent of 50% or more of its reasonable value may not be restored except in conformity with the regulations of the district in which it is located.
(Ord. 2001-36, passed 11-13-01)
§ 155.102 PROHIBITED USES.
The following uses now in existence and not in a strict conformity with the provisions of the district in which it is located are hereby prohibited and such uses now in existence in the city shall be altered, replaced, or removed to conform to the provisions of this chapter on or before the date shown in the following schedule.
(A) Billboards and poster boards: Six months from the date of enactment.
(B) Junk yards and automobile wrecking yards: Six months from the date of enactment.
(Ord. 2001-36, passed 11-13-01)