A nonconforming status shall exist under the following provisions:

(1)

When a use or structure which does not conform to the regulations prescribed in the district in which such use or structure is located was in existence and lawfully operating prior to November 20, 1974, and has been operating since without discontinuance.

(2)

When, on the effective date of the ordinance from which this article is derived, the use or structure was in existence and lawfully constructed, located and operating in accordance with the provisions of the prior zoning ordinance or which was a nonconforming use thereunder, and which use or structure does not now conform to the regulations herein prescribed for the district in which such use or structure is located.

(3)

When a use or structure which does not conform to the regulations prescribed in the district in which such use or structure is located was in existence at the time of annexation to the City of Harlingen and has since been in regular and continuous use.

(Code 1997, § 159.130; Ord. No. 74-36, 11-20-1974; Ord. of 10-20-1993; Ord. No. 97-35, 7-2-1997; Ord. No. 14-33, § I, 9-3-2014)

(a)

Any nonconforming use of land or structures may be continued for definite periods of time subject to such regulations as the board of adjustments may require for immediate preservation of the adjoining property prior to the ultimate removal of the nonconforming use. The chief building official may grant a change of occupancy from one nonconforming use to another, providing the use is within the same, or higher, or more restrictive classification as the original nonconforming use. In the event a nonconforming use of a building may be changed to another nonconforming use of more restrictive classification, it shall not later be changed to a less restrictive classification of use and the prior less restrictive classification shall be considered to have been abandoned.

(b)

If a structure occupied by a nonconforming use is destroyed by fire, the elements or other cause, it may not be rebuilt except to conform to the provisions of this article. In case of partial destruction of a nonconforming use not exceeding 75 percent of its current fair market value, reconstruction will be permitted but the size or function of the nonconforming use cannot be expanded.

(c)

When a nonconforming use is discontinued for a consecutive period of 90 days, or discontinued for any period of time without a present intention of resuming that activity, then the property may thereafter be used only in conformity with all of the regulations applicable to the pre-existing use. However, a similar type of use in an existing vacant building that is using the same footprint that existed prior to the last approved occupancy, shall be permitted to operate with the existing parking.

(d)

All of the buildings, activities, and operations maintained on a lot are generally to be considered as a whole. For example, the failure to rent one apartment in a nonconforming apartment building for 90 days shall not result in a loss of the right to rent the apartment or space thereafter so long as the apartment building as a whole is continuously maintained. But if a nonconforming use is maintained in conjunction with a conforming use, discontinuance of a nonconforming use for the required period shall terminate the right to maintain it thereafter.

(e)

When a structure or operation made nonconforming by this article is vacant or discontinued on the effective date of the ordinance from which this article is derived, the 90-day period for purposes of this section begins to run on the effective date of the ordinance from which this article is derived.

(Code 1997, § 159.131; Ord. No. 74-36, 11-20-1974; Ord. of 10-20-1993; Ord. No. 97-35, 7-2-1997; Ord. No. 14-30, § I, 9-3-2014; Ord. No. 14-33, § I, 9-3-2014)