Katy City Zoning Code
§ 19
NONCONFORMING BUILDINGS AND USES.
The lawful use of any building, structure or land, existing at the time of the enactment of this ordinance, may be continued although such use does not conform with the provisions of this ordinance, provided, however, the right to continue such nonconforming usage shall be subject to regulations prohibiting the creation of a nuisance and shall terminate when inappropriate use of the premises produces a condition which constitutes a nuisance and further, the right of nonconforming uses to continue shall be subject to such regulations as the maintenance of the premises and conditions of operations as may, in the judgment of the Board of Adjustment, be reasonably required for protection of adjacent property and further, the right of nonconforming uses to continue shall be subject to the specific regulations herein contained.
19.1
Nonconforming Buildings.
19.1-1
A nonconforming building or structure may be occupied except as herein otherwise provided.
19.1-2
Repairs and alterations may be made to a nonconforming building or structure provided that no structural alteration shall be made except those required by law or ordinance and further provided these regulations shall never be constructed to allow an addition to a nonconforming building.
19.1-3
A nonconforming building or structure shall not be added to or enlarged in any manner unless such addition and enlargement is made to conform to all the requirements of the district in which such building or structure is located.
19.1-4
No nonconforming building or structure shall be moved in whole or in part to any other location on the lot, or on any other lot, unless every portion of such building or structure is made to conform to all of the regulations of the district.
19.1-5
A nonconforming building or structure which is damaged or partially destroyed by fire, flood, wind, explosion, earthquake, or other calamity or act of God, shall not be again restored or used for such purpose if the expense of such restoration exceeds seventy-five (75) percent of the replacement cost of the building or structure at the time such damage occurred. Any nonconforming building or structure partially destroyed may be restored provided restoration is started within twelve (12) months of the date of partial destruction and is diligently prosecuted to completion. Whenever a nonconforming building or structure is damaged in excess of seventy-five (75) percent of its replacement cost at that time, the repair or reconstruction of such building or structure shall conform to all the regulations of the district in which it is located and it shall be treated as a new building.
19.1-6
Sale of a nonconforming building to a person who will continue the nonconforming use or to an entity which will continue the nonconforming use is not prohibited by this Section.
19.2
Nonconforming Uses of Buildings.
19.2-1
Except as otherwise provided in this ordinance, the nonconforming use of the building or structure lawfully existing at the time of the effective date of this ordinance may be continued.
19.2-2
The use of a nonconforming building or structure may be changed to a use of the same, or more restricted classification, but where the use of a nonconforming building or structure is hereafter changed to a use of a more restricted classification, it shall not thereafter be changed to a use of less restricted classification.
19.2-3
A vacant, nonconforming building or structure lawfully constructed may be occupied by the use for which the building or structure was designated or intended, if so occupied within a period of one (1) year after the effective date of this ordinance, and the use of a nonconforming building or structure lawfully constructed which becomes vacant after the effective date of this ordinance, may also be occupied by the use for which the building or structure was designated or intended, if so occupied within a period of one (1) year after the building becomes vacant.
19.3
Nonconforming Use of Land.
The nonconforming use of land existing at the time of the effective date of this ordinance may be continued, provided that no such nonconforming use of land shall in any way be expanded or extended either on the same or adjoining property, and provided that if such nonconforming use of land or any portion thereof is discontinued or changed and such discontinuance or change continues for one (1) year.[,] Any future use of such land, or portion thereof, shall be in conformity with the provisions of this ordinance.
19.4
Abandonment.
A nonconforming use of any building, structure or land which has been abandoned shall not thereafter be returned to such nonconforming use. A nonconforming use shall be considered abandoned.
a.
when the intention of the owner to discontinue the use is apparent, or,
b.
When the characteristic equipment and furnishings of the nonconforming use have been removed from the premises and have not been replaced by similar equipment within one (1) year, or,
c.
When a nonconforming building, structure or land, or portion thereof which is or hereafter becomes vacant and remains unoccupied or out of use for a continuous period of one (1) year, or
d.
When it has been replaced by a conforming use.
19.5
Exemptions.
a.
The limitations in this section on nonconforming uses and buildings shall not apply to single-family residential uses or buildings in existence at the time of adoption of this ordinance.
b.
When the nonconforming building used for R-1 purposes is structurally converted to accommodate a conforming use of the zone in which the use and/or building is located, the nonconforming building may not thereafter be used for the nonconforming use without special use permit.
19.6
Any existing used car/junk area or junk/salvage area or yard, occupying an open site or any existing used car/junk business or junk/salvage business conducted within structures, or utilizing structures valued at less than two thousand five hundred dollars ($2,500.00), excluding fencing, shall be discontinued within six (6) months after the effective date of this ordinance or six (6) months after being annexed into the City of Katy.
19.6-1
Used car/junk area is defined as any open area, other than a street, alley or public place, used for the dismantling or wrecking of used automobiles or the storage, sale or dumping of dismantled or wrecked cars or their parts.
19.6-2
Junk/salvage area or yard is defined as a lot upon which waste or scrap materials are bought, sold, exchanged, stored, packed, disassembled or handled, including but not limited to, scrap iron and other metals, paper, rags, rubber tires and bottles. A junkyard includes an automobile wrecking yard and automobile parts yard. A junkyard does not include such uses conducted entirely within an enclosed building.