Mcallen City Zoning Code
ARTICLE III
NONCONFORMING USES
§ 138-86 General policy.
The general public, the board of commissioners, and the planning board are directed to take note that nonconformities in the use and development of land and buildings are to be avoided, or eliminated where now existing, wherever and whenever possible, except:
(a)
When necessary to preserve property rights established prior to the date the ordinance from which this article is derived became effective as to the property in question, and
(b)
When necessary to promote the general welfare and to protect the character of the surrounding property.
(1966 Code, § 32-9)
§ 138-87 Nonconforming structures.
Where a lawful structure exists, at the effective date of adoption or amendment of the ordinance from which this chapter is derived, that could not be built under the terms of this chapter by reason of restrictions on area, lot coverage, height, yards, its location on the lot, or other requirements concerning the structure, such structure may be continued as long as it remains otherwise lawful, subject to the following provisions:
(a)
No such nonconforming structure may be enlarged or altered in a way which increases its structural nonconformity, but any structure or portion thereof may be altered to decrease its structural nonconformity.
(b)
Should such nonconforming structure or nonconforming portions of structure be damaged by any means to an extent of more than 50 percent of its replacement cost at the time of destruction, it shall not be reconstructed except in conformity with the provisions of section 138-43 of this chapter.
(c)
Should such structure be moved for any reason for any distance whatsoever, it shall thereafter conform to the regulations of the district in which it is located after it is moved.
(1966 Code, § 32-10)
§ 138-88 Nonconforming uses of structures or of structures and premises in combination.
If a permitted use involving individual structures with a replacement cost of $1,000.00 or more, or a structure and land combination, exists at the effective date of adoption or amendment of the ordinance from which this chapter is derived that would not be allowed in the district under the terms of this chapter, the use may be continued as long as it remains otherwise lawful, subject to the following provisions:
(a)
No existing structure devoted to a use not permitted by this chapter in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered.
(b)
The use of the structure shall only be changed to a use permitted in the district in which it is located.
(c)
Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of the ordinance from which this chapter is derived, but no such use shall be extended to occupy any land outside such building.
(d)
When a nonconforming structure and land combination in which a nonconforming use is converted to a permitted use or is discontinued or abandoned for six consecutive months or for 18 months during any three-year period (except when government action impedes access to the premises), the structure or structure and land combination shall not thereafter be used except in conformity with the regulations of the district in which it is located.
(e)
Where nonconforming use status applies to a structure or a structure and land combination, removal or destruction of the structure shall eliminate the nonconforming use status. Destruction for the purpose of this subsection is defined as damage to an extent of more than 50 percent of the replacement cost at the time of destruction.
(1966 Code, § 32-11)
§ 138-89 Repairs and maintenance.
(a)
On any nonconforming structure or portion of a structure containing a nonconforming use, no work may be done in any period of 12 consecutive months on ordinary repairs, or on repair or replacement of non-load-bearing walls, fixtures, wiring or plumbing to an extent exceeding ten percent of the current replacement cost of the nonconforming structure or nonconforming portion of the structure, as the case may be.
(b)
If 50 percent or more of a nonconforming structure containing a nonconforming use becomes physically unsafe or unlawful due to lack of repairs or maintenance, and is declared by a duly authorized official to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired or rebuilt except in conformity with the regulations of the district in which it is located.
(1966 Code, § 32-12)