Permit the reconstruction, extension, [or] enlargement of a building occupied by a nonconforming use on the lot occupied by such building provided such reconstruction of the building does not prevent the return of such property to a conforming use.

Permit such modification of the yard, open space, lot area, or lot width as may be necessary to secure appropriate development of a parcel of land where such parcel was separately owned and such ownership of record at the time of passage of this ordinance and is of such restricted area or shape that it cannot be appropriately developed without such modification.

Permit the use of a lot or lots in Residence “A”, Residence “B” or apartment district adjacent to a local retail district or a business district, even if separated therefrom by an alley or street, for the parking of passenger cars under such regulations, safeguards and conditions of the more restricted property, provided no other business or use is made of the lot.

Require the discontinuance of nonconforming uses under any plan whereby the full value of the structure can be amortized within a reasonable number of years, taking into consideration the general character of the neighborhood and the necessity for the property to conform to the regulations of this ordinance.

Permit the extension of a building existing on the date of passage of this ordinance by the construction of additional stories above the height limit herein established, if the original plans provided for such additional stories and such building was actually designed and constructed to carry such additional stories.

The notice provided in this section shall be given by publication one time in a local newspaper, stating the time and place of the hearing which will not be sooner than ten (10) days from the date of the publication of such notice, in addition hereto, the board of adjustment shall mail notice of such hearing to the petitioner and to owners of property lying within two hundred (200) feet of any point of the lot or portion thereof, on which a variation is desired, and to all other persons deemed by the board to be affected thereby[;] such owners and persons shall be determined by the current tax rolls of the City of Mercedes, Texas, and substantial compliance therewith shall be deemed sufficient, provided, however, that the depositing of such notice in the mail by the board shall be deemed sufficient compliance with the purpose of this matter.

Any special exceptions authorized by the board of adjustment, either under the provisions of this chapter, or under the authority of the board of adjustment under the statutes of the State of Texas shall authorize the issuance of building permit or a certificate of occupancy, as the case may be, for a period of ninety (90) days from the date of favorable action on the part of the board of adjustment, unless said board of adjustment in its minutes shall, at the same time grant longer period. If the building permit or certificate of occupancy shall not have been issued within said ninety (90) day period, or extension period as the board may specifically grant, then the special exceptions shall be deemed waived, and all rights thereunder terminated. Such terminating and waiving shall be without prejudice to a subsequent appeal to said board of adjustment in accordance with rules and regulations regarding appeals.

No appeal to the board of adjustment shall be allowed on the same piece of property prior to the expiration of six (6) months from a ruling of the adjustment board on any appeal to such body unless other property in the same zone area have, within such six (6) months, been altered or changed by the ruling of the board of adjustment in which case such change of circumstances shall permit the allowance of appeal but shall in no wise have any force in law to compel the board of adjustment after hearing to grant such subsequent appeal, but such appeal shall be considered on its merits as in all other cases.