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Mercedes City Zoning Code

ARTICLE 17

NONCONFORMING USES

§ 1 Defined.

Any uses of property that do not conform to the regulations of this ordinance and which were in use prior to the effective date of it, shall be called a nonconforming use.
(Ordinance 26 adopted 5/13/57)

§ 2 Extension or rebuilding–Generally.

A nonconforming use shall not be extended or rebuilt in case of obsolescence or total destruction by fire or other elements.
(Ordinance 26 adopted 5/13/57)

§ 3 Same–Permits.

In case of partial destruction by fire or other causes, not exceeding fifty (50) percent of its value, the building inspector may issue permit for reconstruction. If greater than fifty (50) percent or less than total, the board of adjustment may grant permit for repair after public hearing and having due regard for the property rights of the persons affected when considered in the light of the public welfare and in the character of the area surrounding the designated nonconforming use and the conservation and preservation of property.
(Ordinance 26 adopted 5/13/57)

§ 4 Duplexes or apartments.

Any legal duplex or apartment building existing on effective date of this ordinance and use[d] as legal duplex or apartment building in area zoned for residential use shall be considered a conforming use.
(Ordinance 26 adopted 5/13/57)

§ 5 Business or industrial districts.

Any legal use existing at the time of passage of this ordinance in any business or industrial district as defined hereinabove shall be deemed a conforming use upon the lot of [or] area devoted to such use at the time of passage of this ordinance.
(Ordinance 26 adopted 5/13/57)

§ 6 Effect of request.

A violation of this ordinance and a request for nonconforming use or 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 26 adopted 5/13/57)