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Lufkin City Zoning Code

ARTICLE XXIII

NONCONFORMING DEVELOPMENT

§ 1 NONCONFORMING USES.

Any lawful use of property existing at the time of passage of this ordinance that does not conform with the regulations prescribed in the preceding sections of this ordinance shall be deemed a nonconforming use.
A nonconforming use of land or a structure may be continued; however, when the nonconforming use is discontinued for a period of six months, such use shall conclusively be deemed to have been abandoned and shall not be resumed. Any future use of said premises shall be in conformity with the provisions of this ordinance. Normal seasonal cessation of a use, or temporary discontinuance for purposes of maintenance or rebuilding after damage or destruction as provided in this Article, shall not be included in calculating the period of discontinuance.
If no structural alterations (except those required by law or ordinance) are made, a nonconforming use may be extended throughout a building. A nonconforming use of a building may be changed to another nonconforming use of the same or more restricted zoning classification provided no structural alterations are made. In the event a nonconforming use of a building is changed to a nonconforming use of a higher or more restrictive zoning classification, it shall not later be reverted to a use in the former lower or less restrictive zoning classification.
If the structures accommodating or serving a nonconforming use are damaged or destroyed by fire, explosion, flood, tornado, riot or act of the public enemy, the structure may be rebuilt in accordance with this Article and the nonconforming use may be resumed.
The right of nonconforming uses to continue shall be subject to such regulations as to the maintenance of the premises and conditions of operation as may, in the judgment of the Zoning Board of Adjustment and Appeals, be reasonably required for the protection of adjacent property.
(Ordinance 3368 adopted 2/10/1999, as revised through 10/19/2010)

§ 2 NONCONFORMING STRUCTURES.

A nonconforming structure may be continued and may be enlarged, repaired or altered provided such does not create an additional nonconformity or increase the degree of existing nonconformity with respect to maximum building height and minimum yard requirements. Any alteration or enlargement shall not extend further into the required yard than the existing nonconforming portion of the building. This provision shall apply separately to each yard requirement with which the existing structure does not comply.
Nothing in this section shall prevent the restoration within a period of twelve months of a nonconforming building or structure which has been damaged or destroyed by fire, explosion, flood, tornado, riot or act of the public enemy. The restoration shall not create an additional nonconformity or increase the degree of nonconformity established by the building or structure that was damaged or destroyed. A nonconforming structure shall not be restored in case of obsolescence or demolition.
(Ordinance 3368 adopted 2/10/1999, as revised through 10/19/2010)

§ 3 EFFECT OF NONCONFORMING DESIGNATION.

A request for nonconforming designation, or request for relief under this designation, shall not create an estoppel of the trial of any lawsuit which may be filed in any court.
(Ordinance 3368 adopted 2/10/1999, as revised through 10/19/2010)