A.

Purpose. The purpose of Article 12, Nonconformities, is to ensure reasonable opportunity of use, maintenance, and improvement of legally created lots, structures or other improvements, parking and landscape areas, and uses that do not meet the current requirements of these regulations; to establish limitations on the continuation and expansion of nonconforming uses; and to encourage eventual replacement of nonconforming uses having potentially undesirable impacts on surrounding conforming uses.

B.

Authority. The provisions of this Article are written pursuant to Chapter 43, Municipal Annexation, Chapter 211, Municipal Zoning Authority, and Chapter 212, Municipal Regulation of Subdivisions and Property Development, of the Tex. Local Gov't Code, and are applicable to areas of the City limits and extraterritorial jurisdiction that do not conform to the provisions of these regulations.

A.

Determination of Status. The Director shall determine the nonconforming status. The burden of demonstrating that any nonconformity is a legal nonconformity shall be borne by the owner or proponent of such nonconformity.

B.

Legal Nonconformities.

1.

Legal Nonconformities.

a.

Generally. A structure, lot, site, or use which was legally established on the effective date of these regulations or any effective date of any amendment hereto, and has been in regular and continuous use, but which does not conform to the current requirements of these regulations, shall be granted legal nonconforming status, except as specifically exempted or prohibited by other sections of this Article.

b.

Governmental Action Serving a Public Purpose. A lawful structure, lot, site, or use that is made noncompliant regarding any requirement of these regulations due to the acquisition of right-of-way by eminent domain, or purchase by a City, county, state, or federal agency shall be deemed legal nonconforming. Such exemption shall apply only to noncompliance that is a direct result of the acquisition of right-of-way. This does not apply to right-of-way dedication or other such public conveyance of land required by the City's subdivision process or through other such routine permits or development approval processes.

2.

Continuance and Alteration. A legal nonconforming structure, lot, site, or use may remain, continue, or be altered, subsequent to the effective date of these regulations and any amendments thereto, provided that such continuance or alteration is in accordance with the provisions of this Article and all other applicable codes and ordinances of the City.

3.

Conflicts. Where a structure, lot, site, or use is in compliance, legal nonconforming status does not preempt such structure, lot, site, sign, or use to maintain compliance with the provisions of these regulations. In the event of any conflict, the most restrictive regulations shall apply.

4.

Termination for Violation. A legal nonconforming structure, lot, site, or use may have its legal nonconforming status and right to operate terminated by the City Council on recommendation of the Director if found to be in violation of any of the following provisions:

a.

Constructing, maintaining, or operating a use conducted in or associated with a building or structure erected without a permit from the City;

b.

Operating a use or occupying a building or structure without a valid Certificate of Occupancy from the City;

c.

Operating a use in violation of a valid Certificate of Occupancy;

d.

Subdividing a nonconforming lot without complying with these regulations;

e.

Unlawful expansion of a nonconforming use, site, or structure; or

f.

Any other violation of these regulations as determined by the Director.

C.

Annexed Lands. After annexation of an area, a person may continue to use the land in the newly annexed area in the same manner in which the land was used on the date annexation proceedings were instituted if the land use was legal at the time. This includes any beginning use of land in the newly annexed area in the manner that was planned for the land before the 90th day before the effective date of annexation if:

1.

One or more licenses, certificates, permits, approvals, or other forms of authorization by a governmental entity were required by law for the planned use; and

2.

A completed application for the initial authorization was filed with the governmental entity before the date the annexation proceedings were instituted, as described in Section 43.002(a)(2), Continuation of Land Use, of the Tex. Local Gov't Code.

D.

Unlawful Nonconformity. Any structure, lot, site, or use that is in violation of the requirements of these regulations and was not legally established on the effective date of these regulations or was built, used, or operated in violation of any previous zoning or land development regulations, shall be considered illegal nonconforming. The owner and/or operator of an illegal nonconforming structure, lot, site, or use shall be subject to actions and penalties specified by these regulations and all other applicable City codes and ordinances and shall be required to correct the nonconforming situation to come into conformance with all applicable standards of these regulations and all other applicable City codes and ordinances.

A.

Prior Plans and Approvals in Progress. Plans approved or submitted and determined to be complete prior to the effective date of these regulations are subject to the standards set out in Section 1.2.1, Relationship to Existing Applications and Development.

B.

Prior Approval Granted. Any structure, lot, site, or use that was granted approval through a Variance, Special Exception, or Administrative Exception shall conform to the terms and processes of their approval, even when in conflict with the provisions of this Article.

A.

Generally. This Section establishes the types of nonconforming situations governed by these regulations.

B.

Types of Nonconformities. Set out in Table 12.1.4, Types of Nonconformities, are the types of nonconformities governed by these regulations and the cross-reference to the appropriate Division that contains the regulatory provisions.

A.

Generally. Abandonment of a legal nonconforming situation shall result in the loss of the existing legal nonconforming status previously granted. All use of the premises shall cease and any future use of the premises may only occur as provided for in this Division.

B.

Determination of Abandonment. The Director shall make the determination of abandonment of a nonconforming situation based on the criteria established in Table 12.1.5, Determination of Abandonment of Nonconforming Situation, below:

C.

Time Period for Determining Abandonment of a Nonconforming Situation.

1.

Exclusion for Government Action. The time period for determining abandonment of a nonconforming situation shall exclude any period of discontinuance of use caused by government actions impeding access to the premises without any contributing cause by the owner/operator of the legal nonconforming use, site, building or structure.

2.

Administrative Extension. The Director may approve an extension of the time period for determining abandonment of a legal nonconforming use, site, building, or structure to a maximum of three years if the property has been consistently maintained and the owner of the land, building, or structure can prove to the satisfaction of the Director that they have been actively and continuously marketing the land, building, or structure for sale or lease or have otherwise engaged in activities that would affirmatively prove there was no intent to abandon.

3.

Special Exception. The City Council may approve a Special Exception allowing the extension of the time period for determining abandonment of a legally nonconforming use, site, building, or structure to a maximum of four years provided that the property has been consistently maintained; the structure has not been altered to serve other uses; the structure has not housed other conforming or nonconforming uses; and the owner/operator can prove to the satisfaction of the City Council that they have been actively and continuously marketing the land, building, or structure for sale or lease to such a use.

D.

Site Area Considered for Determining Abandonment. All of the buildings, activities, and operations maintained on a lot are generally to be considered as a whole for the purposes of determining abandonment of a nonconforming situation. A multi-tenant site, building or shopping center shall be considered occupied for the purposes of this Article, provided it remains at least 30 percent occupied. The failure to rent one space in a nonconforming building or on a nonconforming site shall not result in a loss of the right to rent space thereafter so long as the building or site as a whole is continuously maintained and at least 30 percent of the units remain rented.

E.

Written Notification of Determination. Upon request, the Director shall provide written notification of determination to the owner/operator in writing of the determination that the nonconforming building, structure, lot, site, or use has been abandoned, and state on what terms the determination has been made. An appeal of such determination can be considered by the City Council, pursuant to Division 11.8, Appeals.

A.

Generally. The right to operate or maintain a nonconforming situation may be terminated by the City Council in accordance with the provisions of this Article.

B.

Appeal. An appeal of the termination of nonconforming rights under this Article shall be made to a court of competent jurisdiction.

A.

Generally. A nonconforming use is a use that is not permitted within the zoning district of the subject property upon which the use is located. Those uses that do not meet the specific use restrictions of the zoning district or lack a required Conditional Use Permit or are operating outside the restrictions of an approved Conditional Use Permit are also considering nonconforming.

B.

Legal Nonconformities.

1.

Nonconforming uses that were lawfully located and in operation on the subject property on the effective date of these regulations and subsequent amendments thereto, shall be considered legally nonconforming uses.

2.

A use that legally received prior approval as a conditional use or restricted use under the previous regulations, but is not a permitted, conditional, or restricted use in the district in which it is located under these regulations is a legally nonconforming use and is subject to the provisions of this Article, in addition to any conditions of the approval of the Conditional Use Permit.

C.

Abandonment. In the event that a nonconforming use is determined to be abandoned pursuant to Section 12.1.5, Abandonment of Nonconforming Situation, the building, structure, or site which encompassed the nonconforming use shall thereafter only be occupied in accordance with the provisions of these regulations.

A.

Generally.

1.

Continuance. A legally nonconforming use may continue with a change of ownership, provided that the use is replaced by the same specific use and does not expand or change its operation except to be more conforming.

2.

Increase to or Addition of Nonconformities Prohibited. In no event may a nonconforming use change to a use that is more nonconforming or its operation change in a manner that is more nonconforming than the original nonconforming situation.

3.

Approval of Less Nonconforming Uses. The Director may approve the change of a legally nonconforming use to another nonconforming use, provided that the new nonconforming use is more conforming to the current regulations than the previous nonconforming use.

B.

Considerations for Determination. When determining the function, intensity, and level of impact of the nonconforming use, the Director may consider hours of operation, number of employees, parking requirements, target consumer, traffic generation, deliveries, noise, lighting, compatibility to surrounding uses, and benefit to the surrounding area.

A.

Generally. The City Council may approve a Special Exception for the expansion or enlargement of a legally nonconforming use, pursuant to Section 11.3.7, Special Exception, except as follows:

1.

The Director may administratively approve the expansion or enlargement if it is determined that such expansion or enlargement of the use, accessory use, or site modification would make the use more conforming to these regulations (e.g., more compliant with regard to minimum parking requirements); or

2.

The expansion or enlargement is required by City ordinance or state or federal law.

B.

Considerations for Determination. A legally nonconforming use shall be considered enlarged or expanded by one or more of the following:

1.

Increase of square footage of the building or structure encompassing the nonconforming use;

2.

Expanding the square footage occupied by a nonconforming use within an existing building or structure;

3.

Occupying a greater portion of the tract on which the nonconforming use is located;

4.

Construction of additional buildings or structures associated with the nonconforming use; or

5.

Increasing the scope, volume, or intensity of the nonconforming use in a significant way.

C.

Creation of New Nonconformity Prohibited. The expansion or enlargement of any legally nonconforming use shall not create any new nonconformity.

A.

Generally. Damage to or destruction of buildings and structures of nonconforming uses shall be governed as set out in this Section and other applicable sections of this Article.

B.

Natural or Accidental Causes. If a building or structure that encompasses a legally nonconforming use is damaged or destroyed by natural or accidental causes, the use may be allowed to reconstruct and continue operation as set out in Table 12.2.4, Determination of Reconstruction of Nonconforming Use Building and Structures.

1.

Timeframe for Reconstruction. Permitting for any allowed reconstruction must commence within six months following the date of the damaging event, and reconstruction shall be completed and a Certificate of Occupancy shall be issued within 18 months of the damaging event. The Director may approve an extension of these timeframes for show of good cause, provided there is no adverse impact on the community.

2.

Nonconforming Buildings or Structures. If the building or structure that was destroyed or damaged was a legally nonconforming building or structure, reconstruction of the building or structure shall comply with the regulations set out in Division 12.3, Nonconforming Buildings or Structures.

C.

Intentional Destruction. A legally nonconforming use terminates when the structure that encompasses such use is destroyed by the intentional act of the owner/operator.

A.

Generally. The owner of a legally nonconforming use may remove the nonconforming use status through one of the processes listed below, as they may apply to the situation.

1.

Rezone to a district where the use would conform;

2.

Apply for a Conditional Use Permit which would remove the nonconforming status; or

3.

Comply with the use restrictions for the zoning district.

B.

No Guaranteed Approval. Compliance with Subsections 12.2.5.A.1 through 12.2.5.A.3, above, does not guarantee the approval of the application by the decision-making body.

A.

Generally. A nonconforming building or structure is any building or structure that does not meet the requirements of these regulations, such as building placement, setback requirements, height limitations, material requirements or articulation, or does not meet any other local ordinances or technical manuals. Nonconforming buildings or structures that were lawfully constructed and existing on the effective date of these regulations or subsequent amendments thereto, shall be considered legally nonconforming buildings or structures.

B.

Applicability. For the purposes of this Section, the term building or structure applies to anything constructed or erected on the ground or which is attached to something located on the ground, except signs. This includes, but is not limited to, buildings, telecommunications towers, utility improvements, and sheds and is applicable to all buildings or structures regardless of whether they are deemed principal or accessory.

C.

Abandonment. In the event that a nonconforming building or structure is determined to be abandoned pursuant to Section 12.1.5, Abandonment of Nonconforming Situations, the building, structure, or site which encompassed the building or structure shall thereafter only be occupied in accordance with the provisions of these regulations.

A.

Generally. A legally nonconforming building or structure shall be maintained in accordance with the codes in effect when the building or structure was constructed or as deemed necessary by the Building Official for the general safety and welfare of the occupant and the public. The repairs required by the Building Official shall not be construed as to allow an addition to, or expansion of, a nonconforming building or structure. Except as otherwise provided for in this Article, no repair or maintenance may result in the expansion of any existing nonconformity or the creation of any new nonconformity.

B.

Unsafe Structures. Nothing in this Article shall be construed to permit the continued use of a building or structure found to be in violation of building, basic life safety, or health codes of the City, or to prohibit the strengthening or repair of any part of any nonconforming building or structure declared unsafe by the Building Official.

1.

Right of Continuance. The right to continue any nonconformity shall be subject to all applicable housing, building, health, and other applicable life safety codes.

2.

Public Health and Safety. The Building Official may order an unsafe noncomplying building or structure to be restored to a safe condition. If the costs of such repairs exceed 50 percent of the value of the building or structure, the right to operate, occupy or maintain such building or structure may be terminated by action of the City Council and such building or structure shall be demolished. The value of the building or structure and the percent value lost due to any destruction shall be determined by an appraisal submitted to the Building Official.

C.

Interior Alterations of a Nonconforming Building or Structure. Interior remodeling of legally nonconforming buildings or structures is permitted and will not result in loss of legal nonconforming status regardless of the cost or extent of the interior remodel, as long as no exterior remodeling is involved. If exterior alteration in conjunction with interior remodeling is involved, loss of legal nonconforming status will be determined pursuant to the provisions set forth in this Article related to such alteration.

A.

Generally. The reconstruction of a damaged or destroyed nonconforming building or structure may be permitted in accordance with the provisions of this Section.

B.

Natural or Accident Causes. A legal nonconforming building or structure that is damaged or destroyed by natural or accidental causes may only be reconstructed in accordance with Table 12.3.3, Determination of Reconstruction of Nonconforming Buildings or Structures.

1.

Timeframe for Reconstruction. Permitting for any allowed reconstruction must commence within six months following the date of the damaging event, and reconstruction shall be completed and a Certificate of Occupancy shall be issued within 18 months of the damaging event. The Director may approve an extension of these timeframes for show of good cause, provided there is no adverse impact on the community.

2.

Increase in Nonconformity Prohibited. A structure restored under this subsection shall not have increased gross floor area, building footprint, or height as compared to the damaged or destroyed structure.

C.

Historic Structures. A nonconforming building or structure designated as a state or national historic building or structure shall be allowed to be restored in the same location, design, and configuration immediately preceding any damage or destruction from natural or accidental causes. Permitting for such reconstruction must commence within 18 months of the damaging event and be completed, as determined by issuance of a Certificate of Occupancy, within three years of the event.

1.

Timeframe for Reconstruction. The timeframes herein may be extended for good cause as proven to the Director, provided there is no adverse effect on the community.

2.

Burden of Proof. The property owner has the burden of proof to establish the details of the building or structure immediately prior to the damage or destruction.

D.

Intentional Causes. A legally nonconforming building or structure that is damaged or destroyed by the intentional act of the owner/operator shall not be restored or reconstructed as it was before such act.

A.

Generally. The movement of a nonconforming building or structure may be permitted in accordance with the provisions of this Section.

B.

Compliance Required. A nonconforming building or structure shall not be moved to another location on the same lot or any other lot unless the entire building or structure is thereafter made to conform to all requirements of these regulations applicable to the property to which the building or structure will be moved.

C.

Site Clearance and Clean-up. Within 30 days of the re-location of the nonconforming building or structure, the site of its former location shall be cleared of any remaining above-ground building components including any structural elements, foundation, utility pipes, etc. unless such components will be reused for another structure that is subject to a submitted Building Permit.

D.

Exceptions. Historic buildings or structures shall not be required to conform to building material and design requirements. Compliance with site, lot, and use requirements shall be required.

A.

Generally. The expansion or enlargement of a nonconforming building or structure may be permitted in accordance with the provisions of this Section.

1.

Degree of Expansion or Enlargement. If such expansion or enlargement is in excess of 100 percent of the size of the existing building or structure, all provisions of these regulations shall be applicable to the existing building(s) or structure(s) as well as any new construction on the lot or parcel. For the existing building or structure, where it is determined that all provisions of these regulations cannot be reasonably met or conformance with all requirements of these regulations will cause the expansion or creation of another nonconformity, the applicant may request approval of a Special Exception by the City Council, pursuant to Section 11.3.7, Special Exception.

2.

Considerations for Determination. For purposes of determining the expansion or enlargement of a legally nonconforming building or structure, the square footage of all previous expansions under this subsection shall be cumulative and the square footage of the original building or structure shall be the initial size for purposes of the calculation.

3.

Compliance Required. All expansion or enlargement of buildings or structures under this subsection shall be in compliance with all applicable regulations of the zoning district in which such building or structure is located.

4.

Creation of New Nonconformity Prohibited. In no event may the expansion or enlargement result in the increase of any existing nonconformity or the creation of any new nonconformity.

A.

Generally. The owner of a legally nonconforming building or structure may remove the nonconforming use status through one of the processes listed below:

1.

Modify the building or structure to conform to the current standards;

2.

Apply for a Zoning Variance to allow the building or structure as built, pursuant to Section 11.3.6, Zoning Variances; or

3.

Rezone to a district where the building or structure would conform.

B.

No Guaranteed Approval. Compliance with Subsections 12.3.6.A.1 through 12.3.6.A.3, above, does not guarantee the approval of the application by the decision-making body.

A.

Generally. A nonconforming lot is a lot of record that does not meet the minimum area or dimensional requirements of the zoning district in which the lot is located. Nonconforming lots that lawfully existed on the effective date of these regulations or subsequent amendments thereto shall be considered legal nonconforming lots.

B.

Use of a Legally Nonconforming Lot. A legal nonconforming lot may continue to exist indefinitely and may be developed and used as if it were a conforming lot, provided the proposed use is permitted and all development standards of the applicable zoning district of these regulations are met.

C.

Creation of New Nonconformity Prohibited. No new division of a legally nonconforming lot shall be made which increases the existing level of nonconformity, leaves any lot, parcel, or remnant width or area below the requirements stated in these regulations, or creates any new nonconforming situation.

A.

Generally. The owner of a legally nonconforming lot may remove the nonconforming status through one of the processes listed below. This list does not guarantee the approval of the application or the decision of the deciding body.

1.

Combine the lot with an adjacent property to conform to current standards through a subdivision process, as set out in Division 11.4, Subdivision Permits and Approvals; or

2.

Apply for a Zoning Variance, pursuant to Section 11.3.6, Zoning Variances; or

3.

Rezone to a district where the lot standards would conform.

B.

No Guaranteed Approval. Compliance with Subsections 12.4.2.A.1 through 12.4.2.A.3, above, does not guarantee the approval of the application by the decision-making body.

A.

Generally. A nonconforming site is one where one or more existing site improvements, including but not limited to parking, storm drainage facilities, sidewalks, fencing, and landscaping, do not conform to one or more of the requirements of these regulations applicable to the property. Nonconforming sites that lawfully existed on the effective date or applicability of these regulations or any amendment thereto shall be considered legal nonconforming sites.

B.

Use of a Legally Nonconforming Site. A legal nonconforming site may continue to exist indefinitely provided that proposed improvements comply with all development standards of the applicable zoning district of these regulations are met, or as otherwise set out in this Article. A change in the owner/operator of a legally nonconforming site does not change the legal nonconforming status of the site, provided that the site is of the same use as the previous use.

C.

Abandonment. In the event that a nonconforming site is determined to be abandoned pursuant to Section 12.1.5, Abandonment of Nonconforming Situations, the site shall be modified to conform to all applicable requirements of these regulations, as provided in Section 12.5.5, Required Site Improvement Compliance, prior to re-occupancy.

A.

Generally. A legally nonconforming site shall be maintained in accordance with the regulations in effect when the site was constructed or as deemed necessary by the Director for the general safety and welfare of the occupant and the public.

B.

Repairs and Maintenance. Any repairs or maintenance required by the Director shall not be construed as to allow an addition to or expansion of a nonconforming site. Except as otherwise provided for in this Division, no repair or maintenance may result in the expansion of any existing nonconformity or the creation of any new nonconformity. Maintenance of a site may include, but is not limited to, maintenance of landscaping, pavement, lighting, or detention ponds.

A.

Generally. A change in the use of a legally nonconforming site shall not cause the site to lose its legal nonconforming status. Nonconforming uses are subject to the provisions of Division 12.2, Nonconforming Uses.

B.

Similar or Less Intense Use. A new use of a legally nonconforming site that is a similar function and intensity or one that is less intense than the previous use, as determined by the Director, may be allowed without any required changes to the legally nonconforming site, provided that the following criteria are met:

1.

Parking. The new use shall have a parking requirement that is equal to or less than the parking requirement of the previous use.

2.

Outdoor Storage or Activities. The new use shall not increase the amount of outdoor storage or outdoor activities than the previous use.

3.

Trip Generation. The average daily vehicle trips generated by the new use shall be equal to or less than the previous use.

4.

Nuisance. The new use shall not produce more noise, vibration, dust, odor, fumes, glare, or smoke than the previous use.

5.

Maintenance of Site. The site shall be maintained and in conformance with any site plan or regulations in effect when the site was established or last improved. This includes, but is not limited to, the replacement of any dead plants or trees, the re-striping of parking spaces, and the repaving of deteriorated pavement.

6.

Compliance with Regulations. The new use shall meet all limitations or requirements of these regulations for such use without alteration to the site.

C.

Different Use. Any change in use of a legally nonconforming site to a use that is not considered a similar use or less intense use as identified above, shall be considered a change to a different use. A change in use of a legally nonconforming site to a different use shall require the following alterations to a nonconforming site:

1.

Parking. Additional parking spaces will be required based on the parking regulations for the new use, pursuant to Division 8.2, Off-Street Parking. If the previous use was deficient in required parking spaces, the new use may carry over the deficiency. If the additional parking spaces cannot be met on site, the applicant may request the requirement be met off-site or through alternatives to required parking pursuant to Section 8.2.3, Alternative Parking Arrangements.

2.

Driveways. Driveways shall be brought into compliance as set out in Section 12.5.5, Required Site Improvement Compliance.

3.

Maintenance of Site. The site shall be maintained and in conformance with any site plan or regulations in effect when the site was established or last improved. This includes, but is not limited to, the replacement of any dead plants or trees, the re-striping of parking spaces, and the repaving of deteriorated pavement.

4.

Compliance with Regulations. The new use shall meet all specific use restrictions and district requirements of these regulations including, but not limited to, setback requirements, buffer and screening.

A.

Generally. A legally nonconforming site or a use, building or structure on a legally nonconforming site may be expanded or enlarged pursuant to the provisions of this Section.

B.

Considerations for Determination.

1.

The following shall be considered an expansion or enlargement of a legally nonconforming site:

a.

Occupying a greater portion of the tract;

b.

Construction of additional buildings; or

c.

Construction of any additional improvements on a portion of the tract that was not previously developed.

2.

For the purposes of identifying the expansion or enlargement of a nonconforming site, the square footage of all previous expansions under this subsection shall be cumulative and the square footage of the original site shall be the initial size for purposes of the calculation.

C.

Standards of Expansion of Nonconforming Sites. Table 12.5.4, Standards of Expansion of Nonconforming Sites, establishes the standards and conditions for expansions or enlargements of nonconforming sites.

D.

Creation of New Nonconformity Prohibited. All expansion or enlargement of sites shall be in compliance with all applicable provisions of these regulations. In no event may the expansion or enlargement result in the increase of any existing nonconformity or the creation of any new nonconformity.

(Ord. No. 2019-O-05A, § II.H, 5-21-2019)

A.

Generally. Site improvements required by the events identified in this Section shall comply with all applicable provisions of these regulations and as provided in this Section.

B.

Review of Required Improvements. Site improvements that are required to meet the provisions of this Division shall be reviewed pursuant to the standard processes and procedures.

C.

Timing of Required Improvements. Required site improvements shall be made as part of the event that triggers the improvements. An applicant may phase the construction of the required site improvements, at the approval of the Director. Any required parking that is triggered, however, shall be constructed as part of the first phase.

D.

Site Improvement Compliance Requirements. Table 12.5.5, Site Improvement Compliance Requirements, establishes the requirements for site improvements based on the event triggering such improvements.

A.

Generally. The owner of a legally nonconforming site may remove the nonconforming use status through one of the processes listed below. This list does not guarantee the approval of the application or the decision of the deciding body.

1.

Modify the site to conform to the current regulations;

2.

Apply for a Zoning Variance, pursuant to Section 11.3.6, Zoning Variances; or

3.

Rezone to a district where the site would conform to the standards.

B.

No Guaranteed Approval. Compliance with Subsections 12.5.6.A.1 through 12.5.6.A.3 does not guarantee the approval of the application by the decision-making body.