NONCONFORMING USES AND BUILDINGS
The lawful use of a building existing at the time of the adoption of the ordinance from which this chapter was derived may be continued even though such use does not conform with the provisions of the ordinance from which this chapter was derived. If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of the same or more restricted classification. The foregoing provisions shall also apply to nonconforming uses in districts as may be hereafter changed. Whenever a nonconforming use of a building has been changed to a more restricted use or to a conforming use, such use shall not thereafter be changed to a less restricted use.
(Ord. No. 2023-27, § 1, 12-12-23)
The council has adopted the nonconventional housing area map. Manufactured homes and manufactured home parks, travel trailer parks, recreational vehicle parks, and HUD-Code manufactured home subdivisions are allowed in those areas and zoning districts designated on the nonconventional housing area map, provided such uses and structures comply with the provisions of chapter 78, division 13 and such other provisions of this Code as are applicable to such uses and structures. A change to the nonconventional housing area map or with respect to the areas where any of such structures or uses are allowed within any zoning district may be effected only pursuant to the same procedures as are required for the effectuation of other changes of zoning of property and pursuant to a process whereby a nonconventional housing permit is granted as part of the change of zoning process, which nonconventional housing permit shall designate the particular uses to which the property may be put, impose such conditions as are required under chapter 78, division 13, and such other conditions as may be appropriate. Notwithstanding the above, as to nonconventional housing located within an area identified on the nonconventional housing map as an area in which nonconventional housing is allowed, the building official shall have discretion to allow or deny requested changes to the location and number of spaces for manufactured homes, recreational vehicles, and travel trailers within such area, and in the event of denial by the building official the applicant may, as an alternative, utilize the zoning procedures noted above.
(Ord. No. 2023-27, § 1, 12-12-23)
No building which has been structurally damaged more than 50 percent of fair market value as determined by the San Patricio County Appraisal District by fire, explosion, act of God, or the public enemy shall be restored except in conformity with the regulations of this chapter, and in accordance with Texas Local Government Code Sections 211.006 and 211.019.
(Ord. No. 2023-27, § 1, 12-12-23)
If the nonconforming use of any building or premises is discontinued or its normal operation stopped for a period of one year, the use of the same shall thereafter conform to the regulations of the district in which it is located except to the extent authorized by Texas Local Government Code Section 211.019.
(Ord. No. 2023-27, § 1, 12-12-23)
A nonconforming use occupying only a portion of a building may be extended throughout the building if the same has been lawfully acquired and actually devoted to such use previous to the adoption of the ordinance from which this chapter was derived or to any affecting amendment of this article.
(Ord. No. 2023-27, § 1, 12-12-23)
If by amendment to this chapter on any property hereafter transferred to a more restricted district by a change in the district boundaries, or the regulations and restrictions in any district are made more restrictive or of a higher classification, the provisions of this chapter relating to the nonconforming use of buildings or premises occupied or used upon the effective date of such amendment shall apply. Repairs and alterations may be made to a nonconforming building, provided that no structural alterations or extensions shall be made except those required by law or ordinance, unless the building is changed to a conforming use.
(Ord. No. 2023-27, § 1, 12-12-23)
NONCONFORMING USES AND BUILDINGS
The lawful use of a building existing at the time of the adoption of the ordinance from which this chapter was derived may be continued even though such use does not conform with the provisions of the ordinance from which this chapter was derived. If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of the same or more restricted classification. The foregoing provisions shall also apply to nonconforming uses in districts as may be hereafter changed. Whenever a nonconforming use of a building has been changed to a more restricted use or to a conforming use, such use shall not thereafter be changed to a less restricted use.
(Ord. No. 2023-27, § 1, 12-12-23)
The council has adopted the nonconventional housing area map. Manufactured homes and manufactured home parks, travel trailer parks, recreational vehicle parks, and HUD-Code manufactured home subdivisions are allowed in those areas and zoning districts designated on the nonconventional housing area map, provided such uses and structures comply with the provisions of chapter 78, division 13 and such other provisions of this Code as are applicable to such uses and structures. A change to the nonconventional housing area map or with respect to the areas where any of such structures or uses are allowed within any zoning district may be effected only pursuant to the same procedures as are required for the effectuation of other changes of zoning of property and pursuant to a process whereby a nonconventional housing permit is granted as part of the change of zoning process, which nonconventional housing permit shall designate the particular uses to which the property may be put, impose such conditions as are required under chapter 78, division 13, and such other conditions as may be appropriate. Notwithstanding the above, as to nonconventional housing located within an area identified on the nonconventional housing map as an area in which nonconventional housing is allowed, the building official shall have discretion to allow or deny requested changes to the location and number of spaces for manufactured homes, recreational vehicles, and travel trailers within such area, and in the event of denial by the building official the applicant may, as an alternative, utilize the zoning procedures noted above.
(Ord. No. 2023-27, § 1, 12-12-23)
No building which has been structurally damaged more than 50 percent of fair market value as determined by the San Patricio County Appraisal District by fire, explosion, act of God, or the public enemy shall be restored except in conformity with the regulations of this chapter, and in accordance with Texas Local Government Code Sections 211.006 and 211.019.
(Ord. No. 2023-27, § 1, 12-12-23)
If the nonconforming use of any building or premises is discontinued or its normal operation stopped for a period of one year, the use of the same shall thereafter conform to the regulations of the district in which it is located except to the extent authorized by Texas Local Government Code Section 211.019.
(Ord. No. 2023-27, § 1, 12-12-23)
A nonconforming use occupying only a portion of a building may be extended throughout the building if the same has been lawfully acquired and actually devoted to such use previous to the adoption of the ordinance from which this chapter was derived or to any affecting amendment of this article.
(Ord. No. 2023-27, § 1, 12-12-23)
If by amendment to this chapter on any property hereafter transferred to a more restricted district by a change in the district boundaries, or the regulations and restrictions in any district are made more restrictive or of a higher classification, the provisions of this chapter relating to the nonconforming use of buildings or premises occupied or used upon the effective date of such amendment shall apply. Repairs and alterations may be made to a nonconforming building, provided that no structural alterations or extensions shall be made except those required by law or ordinance, unless the building is changed to a conforming use.
(Ord. No. 2023-27, § 1, 12-12-23)