Zoneomics Logo
search icon

Monahans City Zoning Code

§ 9.03.015

Nonconforming uses.

The following restrictions, limitations and provisions shall apply to nonconforming uses in all districts and areas designated herein and in the zoning map:
(1) 
The lawful use of property or land existing at the time of the passage of Ordinance Number 486 or applicable amendments which does not conform to the regulations prescribed in this article shall be deemed as a nonconforming use.
(2) 
The lawful use of buildings or land existing at the time of the passing of Ordinance Number 486 or applicable amendments, although such use does not conform to the provisions hereof, may be continued, provided, if such nonconforming use is discontinued for any period of time, any future use of said buildings or land shall be in conformity with the provisions of this article. Such nonconforming use of a building may be extended through the building, provided no structural alterations, except those required by law or other ordinances of the City of Monahans, are made therein, and, if no structural alterations are made, a nonconforming use of the building may be changed to another nonconforming use of the same or of a more restricted classification, but in no event may a nonconforming use of a building be changed to a nonconforming use of a lower or less restricted classification.
(3) 
If a building occupied by a nonconforming use is destroyed by fire, casualty or act of God, it shall not be reconstructed or rebuilt except in conformity with the provisions of this article, provided nothing in this article shall be taken to prevent the restoration of the building destroyed to the extent of not more than sixty (60) percent of its reasonable value, unless the continued occupancy or use of such building or a part thereof, shall cease to exist at the time of such partial destruction.
(4) 
The right of nonconforming uses of buildings or land to continue shall be subject to such regulations as to maintenance of the premises and conditions of operation which, in the judgment of the board of adjustment, reasonably may be required for the protection of the adjacent property.
(5) 
The lawful location and maintenance of commercial signs and billboards existing at the time of the passage of Ordinance Number 486 or applicable amendments may be continued as a nonconforming use, although such use does not conform to the provisions hereof; provided, however, that no structural alterations are made thereon and provided further, that all such nonconforming signs and billboards and their supporting members shall be completely removed by their owners no later than three (3) years from the date of the passage of Ordinance Number 486 or applicable amendments.
(6) 
The foregoing provisions shall apply to the nonconforming uses in districts which are hereafter changed by amendment of this article or the zoning map.
(Ordinance 486, sec. 12, adopted 3/26/62; 1972 Code, sec. 27-12; Ordinance adopting 2023 Code)