A non-conforming status shall exist when a use or structure which does not conform to the regulations prescribed in the district in which the use or structure is located was in existence and lawfully operating prior to the adoption of this chapter.

(Ord. 2009-378A, 2-23-2009)

No non-conforming use or structure may be expanded or increased as of the effective date of this chapter, except upon approval by the City Council.

(Ord. 2009-378A, 2-23-2009)

Repairs not to exceed 100 percent of the total appraised value of the building as determined by the last valuation role by the County Appraisal District and normal maintenance may be made to a non-conforming building.

(Ord. 2009-378A, 2-23-2009; Ord. 2019-587, 2-14-2019)

Any non-conforming use may be changed to a conforming use and once the change is made, the use shall not thereafter be changed back to a non-conforming use.

(Ord. 2009-378A, 2-23-2009)

(a)

Whenever a non-conforming use is abandoned, all non-conforming rights shall cease and the use of the premises shall thenceforth be in conformity with this chapter. Abandonment shall involve the intent of the user or owner to discontinue a non-conforming operation and the actual act of discontinuance. Discontinuance of a business or the vacancy of a building or premises occupied by a non-conforming use for a period of 12 months shall be construed as conclusive proof of intent to abandon the non-conforming use.

(b)

Any non-conforming use not involving a permanent type of structure or manufactured housing which is moved from the lot or premises shall be considered to have been abandoned.

(Ord. 2009-378A, 2-23-2009)

(a)

If a non-conforming structure or a structure occupied by a non-conforming use is destroyed by fire, act of God or other cause, it may not be rebuilt, except to the provisions of this chapter.

(b)

In the case of partial destruction of a non-conforming use of 100 percent or more of its reasonable value and not determined to be a total loss, reconstruction may be permitted after a hearing and favorable action by the City Council.

(Ord. 2009-378A, 2-23-2009; Ord. 2019-587, 2-14-2019)

(a)

In the event that a HUD Code manufactured home occupies a lot within the city, the owner of the HUD Code manufactured home may remove the HUD Code manufactured home from its location and place another HUD Code manufactured home on the same property; provided that, the replacement is a newer HUD Code manufactured home, and is at least as large in living space as the prior HUD Code manufactured home.

(b)

Except in the case of a fire or natural disaster, the owner of the HUD Code manufactured home is limited to a single replacement of the HUD Code manufactured home on the same property.

(Ord. 2009-378A, 2-23-2009)