As new zoning regulations are adopted or the zoning map changes, structures, lots, and uses that were previously compliant with zoning regulation are sometimes made noncompliant. This subchapter specifies the provisions that apply to these legal nonconforming (informally referred to as "grandfathered") structures, lots, and uses.

(Ord. passed 5-18-2017)

Each structure, lot, and use is either "conforming" or "nonconforming." Conforming is used to describe a structure, lot, or use as being in full compliance with the current zoning ordinance. Nonconforming is used to describe a structure, lot, or use that is in violation of the current zoning ordinance. A nonconforming structure, lot, or use is either "illegal nonconforming" or "legal nonconforming." The following sections determine the nonconforming status of a structure, lot, or use.

(a)

Illegal nonconforming.

(1)

Structure. A structure constructed in violation of the zoning ordinance that was in effect when the structure was constructed and which remains in violation of the current zoning ordinance is an illegal nonconforming structure.

(2)

Lot. A lot established in violation of the zoning ordinance that was in effect when the lot was established and which remains in violation of the current zoning ordinance is an illegal nonconforming lot.

(3)

Use. A use that was in violation of the zoning ordinance that was in effect when the use was initiated and which remains in violation of the current zoning ordinance is an illegal nonconforming use. In addition, a use that was legally established prior to the effective date of the current zoning ordinance and is not permitted under the current zoning ordinance, but has been abandoned or discontinued for a period of at least one year, is an illegal nonconforming use.

(b)

Legal nonconforming (grandfathered).

(1)

Structure. A structure that does not meet one or more development standards of the current zoning ordinance, but was legally established prior to the effective date of the current zoning ordinance shall be deemed a legal nonconforming structure. Generally, a structure is rendered legal nonconforming by an amendment to the zoning regulations or a zoning map change. However, a legal nonconformity may be a result of government use of eminent domain or right-of-way acquisition.

(2)

Lot. A lot that does not meet one or more lot standards of the current zoning ordinance, but was legally established and recorded prior to the effective date of the current zoning ordinance shall be deemed a legal nonconforming lot of record. Generally, a lot is rendered legal nonconforming by an amendment to the zoning regulations or a zoning map change. However, a legal nonconformity may be a result of right-of-way acquisition.

(3)

Use. The use of a structure or land (or a structure and land in combination) that was legally established prior to the effective date of the current zoning ordinance and has been continuously operated since, that is no longer permitted by the current zoning ordinance in the zoning district in which it is located, shall be deemed a legal nonconforming use (i.e., is grandfathered). Generally, a use is rendered legal nonconforming by an amendment to the zoning regulations or a zoning map change.

(Ord. passed 5-18-2017)

An illegal nonconforming structure, lot, or use is subject to the enforcement procedures of the current zoning ordinance. The enforcement procedures of the zoning ordinance in place at the time the violation occurred shall no longer be in effect.

(Ord. passed 5-18-2017)

The following provisions apply to legal nonconforming structures, structures associated with legal nonconforming uses, and structures associated with legal nonconforming lots.

(a)

Legal nonconforming building provisions. The provisions for legal nonconforming buildings, a subcategory of structures, are as follows.

(1)

Building expansion. A legal nonconforming building shall be permitted to expand in area and height as long as the nonconformity is not increased and the expansion otherwise meets the current zoning ordinance. For example, if a building is in violation of the maximum height standard, it can be expanded in area as long as the new addition does not exceed the maximum height standard and is otherwise in compliance with the current zoning ordinance. This provision does not waive applicable permits.

(2)

Building exterior alteration. The exterior walls of a building shall not be moved except as provided in the previous clause. Otherwise, the roof, windows, doors and exterior facade may be maintained, repaired, re-faced, and modified, resulting in the original aesthetic character or an altered exterior character, as long as the building's nonconformity is not increased and the alteration otherwise meets the current zoning ordinance. This provisions does not waive applicable permits.

(3)

Building interior alteration. Ordinary repair and replacement of interior finishes, heating systems, fixtures, electrical systems, or plumbing systems; and interior wall modifications are not regulated by the zoning ordinance. This provision does not waive other applicable permits (e.g., building permit).

(4)

Building relocating. A legal nonconforming building may be relocated if, by moving the building, it decreases the legal nonconformity and the relocation otherwise meets the current zoning ordinance. This provision does not waive applicable permits.

(b)

Legal nonconforming structure provisions. The provisions for legal nonconforming structures, excluding the subcategory of buildings, are as follows.

(1)

Structure alteration. A legal nonconforming structure shall be permitted to be altered in height, area, mass, and time as long as the nonconformity is not increased and the alteration otherwise meets the current zoning ordinance. For example, if a permanent sign is in violation of the maximum height standard, it can be altered as long as the alteration does not increase the sign's height and the alteration is otherwise in compliance with the zoning ordinance. This provision does not waive applicable permits.

(2)

Structure relocating. A legal nonconforming structure may be relocated to another location on the same lot if, by moving the structure, it decreases the legal nonconformity and the relocation otherwise meets the current zoning ordinance and any applicable commitments or conditions of a previous approval. This provisions does not waive other applicable permits.

(3)

Conversion for longevity. Converting a structural component of a legal nonconforming structure to a more permanent material in order to prolong legal nonconformity shall not be permitted. For example, a legal nonconforming sign would not be permitted to replace its existing wood supports with metal posts even if dimensionally the same size. This provisions does not waive applicable permits.

(c)

Loss of legal nonconforming structure status. The following provisions apply to all types of legal nonconforming structures (i.e., including buildings).

(1)

Condemned structures. If a legal nonconforming structure, through lack of maintenance, is declared by an authorized official to be condemned due to its physical or unsafe condition, it shall lose its legal nonconforming status and become illegal nonconforming; unless the structure is restored or repaired within three months of the declaration to a standard which clearly overcomes the physical or unsafe condition as supported in writing by the authorized official after reinspection. The zoning administrator may grant an appropriate extension of time if work was started within the initial three month period and reasonable attempts are being made by the owner to remedy the condemnation.

(2)

Removal of permanent structures. If a legal nonconforming permanent structure is fully removed or razed, it shall lose its legal nonconforming status; further, if 80 percent or more of a permanent structure is removed or razed, the remaining permanent structure shall lose its legal nonconforming status and become illegal nonconforming; unless by significantly removing or razing the permanent structure the remaining permanent structure is in compliance or more in compliance with the current zoning ordinance.

(3)

Moved or removal of temporary structures. If a legal nonconforming temporary structure is moved or removed (e.g., stored inside, moved to a new on-site location, or taken off-site), the legal nonconforming temporary structure shall lose its legal nonconforming status and become illegal nonconforming.

(4)

Flood. If a legal nonconforming structure is damaged from a flood, resulting in a loss of either 50 percent of its market value or 50 percent of the physical structure, all reconstruction shall be required to meet the current zoning ordinance. All other flood damaged legal nonconforming structures shall be allowed to rebuild the structure that previously existed. This provision does not supercede FEMA or other State of Texas or United States rules or laws that may be more strict. See § 153-215(a) for legal nonconforming uses.

(5)

Acts of nature or fire. If a legal nonconforming structure is damaged from an act of nature or fire, excluding flooding, resulting in a loss of either 50 percent of its market value or 50 percent of the physical structure, all reconstruction shall be required to meet the current zoning ordinance. All other structures damaged by an act of nature or fire shall be allowed to rebuild the structure that previously existed. See § 153-215(a) for legal nonconforming uses.

(d)

Maintenance and repair. Nothing in this section shall be deemed to prevent the normal maintenance or repair of a legal nonconforming structure to keep it in a safe, aesthetic, and functional condition.

(Ord. passed 5-18-2017)

The following provisions apply to legal nonconforming lots.

(a)

Legal nonconforming lot provisions. A legal nonconforming lot shall be permitted to be developed and utilized as long as proposed structure(s) and use(s) meet the current zoning ordinance. All standards other than the minimum lot area, maximum lot area, and lot measurement standards shall still apply.

(b)

Loss of legal nonconforming lot status.

(1)

Lots used in combination. If a legal nonconforming lot is used in combination with an adjacent lot owned by the same person resulting in conformity with the current zoning ordinance, it shall lose its legal nonconforming status.

(2)

Combining lots results in conformity. If a legal nonconforming lot is joined with an adjacent lot making the combined lot conforming, the legal nonconforming lot shall permanently lose its legal nonconforming status.

(3)

Permanent structure across property lines. If a legal nonconforming lot is owned by the same person as an adjacent lot, and the owner is granted permission (i.e., a variance) to construct a permanent structure across the property line of the two lots, thus permanently using the two lots in combination, then the legal nonconforming lot shall lose its legal nonconforming status at the time the permanent structure is constructed across the property line or at the time this zoning ordinance was adopted if the improvement already existed; provided the two lots in combination would constitute a single conforming lot.

(Ord. passed 5-18-2017)

The following provisions apply to legal nonconforming uses.

(a)

Exemptions. Due to concerns of financial institutions, a use that was legally established in a zoning district that was subsequently changed or rezoned by the city, resulting in it not being permitted or becoming a special exception use, shall be recognized and treated as being a legal use as if it were listed as a permitted use (i.e., not a legal nonconforming use) in the new zoning district. However, the declaration of it being a permitted use shall only apply to the subject lot on which the use was legally established. This exemption shall not apply if the use is abandoned or changed as described in division (c) of this section.

(b)

Legal nonconforming use provisions. The provisions for legal nonconforming uses are as follows.

(1)

Utilizing existing, enlarged, new, or relocated buildings. A legal nonconforming use shall be permitted to occupy or use an existing building, enlarge an existing building, newly construct a building, or relocate the building, provided the building meets the current zoning ordinance.

(2)

Utilizing existing, altered, new, or relocated structures. A legal nonconforming use shall be permitted to utilize an existing structure, alter an existing structure, newly construct a structure, or relocate a structure, provided the structure meets the current zoning ordinance.

(3)

Utilizing land. Any legal nonconforming use shall be permitted to utilize its lot, or lots owned in combination upon the effective date of the current zoning ordinance. However, any utilization of that land area shall be in full compliance with all applicable development standards within the current zoning ordinance.

(4)

Expansion to a previously owned adjacent lot. A legal nonconforming use shall not be expanded onto an adjacent, vacant lot unless.

(a)

The lot has previously and clearly been used in conjunction with the legal nonconforming use, and

(b)

The lot had the same zoning district, and

(c)

The lot was previously and formally approved for the same legal nonconforming use, and

(d)

The lot was owned by the same person upon the effective date of the current zoning ordinance.

(5)

Expansion to a newly owned adjacent lot. Any lot purchased after the effective date of the current zoning ordinance shall not be granted legal nonconforming use status to expand a legal nonconforming use.

(6)

Increase in nonconformity. A legal nonconforming use shall not be permitted to change or increase its nonconformity, unless in compliance with or in greater compliance with the current zoning ordinance. The number of employees, changes in inventory, and changes to vehicular traffic shall not in itself increase nonconformity of a use. For example, adding an employee shall not change the use, but adding a new or different use that is not permitted in the current zoning ordinance shall not be permitted.

(c)

Loss of legal nonconforming use status.

(1)

Abandonment of use. If a legal nonconforming use is abandoned or is discontinued for six months or more shall lose its legal nonconforming status. Any subsequent use shall conform to the provisions of the current zoning ordinance. This rule shall not apply to a use that was suspended due to litigation or a forced government action.

(2)

Change of use. When a legal nonconforming use is changed, altered, or evolves by the property owner or tenant to be in compliance or more in compliance with the current zoning ordinance, the legal nonconforming use status is lost or partially lost, respectively. In either situation, the current use cannot revert back to the original legal nonconforming use or increments thereof.

(Ord. passed 5-18-2017)