Nolanville City Zoning Code

ARTICLE VI

NONCONFORMING STRUCTURES AND USES

§ 710.1 Intent.

Within the Districts established by this Ordinance or amendments that may later be adopted, there exists lots, structures, and uses of land and structure which are lawful before this Ordinance was passed or amended but which would be prohibited, regulated, or restricted under the terms of this Ordinance or future amendment. It is the intent of this Ordinance to permit these nonconformities to continue until they are removed, but no [not] to encourage their survival. Such uses are declared by this Ordinance to be incompatible with permitted uses in the Districts involved. It is further the intent of this Ordinance that nonconformities shall not be enlarged upon, expanded or extended, not be used as grounds for adding other structures or uses prohibited elsewhere in the same District. A nonconforming use of a structure and land shall not be extended or enlarged after passage of this Ordinance.

The following uses now in existence and not in a strict conformity with the provisions of the district in which it is located and hereby prohibited and such uses now in existence in the City of Nolanville, shall be altered, replaced, or removed to conform to the provisions of this Ordinance on or before the date shown in the following schedule:

Junkyards and Automobiles Wrecking Yards: Twenty-four (24) months from enactment.

Communication Towers: Twenty-four (24) months from enactment.

(Ordinance 6051-12 adopted 5/17/12)

§ 710.2 Nonconforming Lots of Record.

In any District in which a lot exists of record at the effective date or adoption or amendment of this Ordinance which does not conform in size or area to the provisions of this Ordinance, buildings for the use permitted in such Districts may be erected on such a lot, notwithstanding limitations imposed by other provisions of this Ordinance, provided that such a lot is in separated [separate] ownership and not of continuous frontage with other lots in the same ownership.

(Ordinance 6051-12 adopted 5/17/12)

§ 710.3 Nonconforming Structures.

Where a lawful structure exists at the effective date of adoption or amendment of this Ordinance that could not be built under the terms of this Ordinance by reason of restriction on area, lot coverage, height, yards, or other characteristics of the structure or its location on the lot, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:

No such structure may be enlarged or altered in a way which increases its nonconformity.

Should such structure be destroyed by any means to an extent of more than fifty percent (50%) of its replacement cost at time of destruction, it shall not be reconstructed except in conformity with the provisions of this Ordinance.

Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the District in which it is located after it is moved.

(Ordinance 6051-12 adopted 5/17/12)

§ 710.4 Nonconforming Uses of Structures.

If a lawful use of a structure, or of structure and premises in a combination, exists at the effective date of adoption or amendment of this Ordinance that would not be allowed in the District under the terms of this Ordinance, that lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:

No existing structure devoted to a use not permitted by this Ordinance in the District in which it is located shall be enlarged, extended, constructed, reconstructed, moved, or structurally altered except in changing the use of the structure to a use permitted in the District in which it is located.

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 this Ordinance, but no such use shall be extended to occupy any land outside such building.

Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use shall thereafter conform to the regulations for the District in which such structure is located, and the nonconforming use may not hereafter be resumed.

When a nonconforming use of a structure, or structure and premises in combination, is discontinued for six (6) consecutive months there is a rebuttable presumption the owner intended to abandon the nonconforming use, and the structure or structure and premises in combination, shall not thereafter be used except in conformance with the regulations of the District in which it is located.

Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land.

(Ordinance 6051-12 adopted 5/17/12)

§ 710.5 Nonconforming Uses of Land.

Where, at the effective date of adoption or amendment of this Ordinance, lawful uses of land exist that are no longer permissible under the terms of this Ordinance as enacted or amended, such uses may be continued so long as they remain otherwise lawful, subject to the following provisions:

No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of this Ordinance.

No such nonconforming use shall be enlarged or increased to extend to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this Ordinance.

If any such nonconforming use of land ceases for any reason for a period of more than thirty (30) days there shall be a rebuttable presumption the owner intends to abandon the nonconforming use, and any subsequent use of such land shall conform to the regulations specified by this Ordinance for the District in which such land is located.

(Ordinance 6051-12 adopted 5/17/12)

§ 710.6 Changes in Nonconformity.

A nonconforming use of structure, or of a structure and land in combination, shall not be changed unless changed to a use permitted in the District in which located; except that the Zoning Board of Adjustment may permit a change to a more restricted nonconforming use and such change shall be construed as an abandonment of the former permitted nonconforming use.

(Ordinance 6051-12 adopted 5/17/12)

§ 710.7 Resubmission of Zoning Requests.

When zoning request has been disapproved by the City Council, the same request shall not be resubmitted for a period of one hundred eighty (180) days after disapproval by the City Council. Upon disapproval of a second identical request, the same request shall not be resubmitted for a period of twelve (12) months from the date of the last disapproval. Each, subsequent disapproval of the identical request will result in a new delay of twelve (12) months. The provisions of this section will be inactive when transfer of title to a new owner is recorded.

(Ordinance 6051-12 adopted 5/17/12)

§ 710.8 Notification of Rezoning Request.

Public notifications of meetings on rezoning requests will be made in accordance with State regulations.

In addition to “(a)” above, the following notifications will be made using available ownership records and addresses. Lack of proper address or unavailability of owner which prevents timely notification will not act to bar or delay action on rezoning request.

For request to rezone to “R-2” or “R-TH” Districts, owners of “R-1S”, “R-1”, or “R-DT” zoned property within two hundred (200) feet will be notified.

For request to rezone to “R-3” from any “R” District, owners of “R” zoned property within three hundred (300) feet will be notified.

For requests to rezone to “B-1”, “B-2”, or “B-3” from any “R” District, owners of “R” zoned property within four hundred (400) feet will be notified.

For requests to rezone to “B-4”, owners of property within six hundred (600) feet will be notified.

For requests to rezone to any “M” Districts, owners of property within six hundred (600) feet will be notified.

The additional cost of notifications beyond two hundred (200) feet will be paid by the owner of the property to be rezoned or his representative prior to action being taken by the Planning and Zoning Commission, the cost will be computed according to the Fee Schedule and as cost of postage plus one dollar ($1.00) per owner to be notified.

(Ordinance 6051-12 adopted 5/17/12)

§ 711.1 Abandonment of Business Within Residential Districts.

Whenever a single business activity, zoned as any nonresidential District exists within any residential district, has been abandoned or terminated by the owner or operator, or has been inactive as a business for a period of three hundred and sixty (360) consecutive days, the City Council may with prior notification to the owner of the property, review the nonresidential District zoning, and if appropriate, rezone the property to a compatible residential District.

(Ordinance 6051-12 adopted 5/17/12)

§ 711.2 Certificate of Occupancy.

No vacant land shall be occupied or used except for agricultural uses, until a Certificate of Occupancy shall have been issued by the Building Inspector.

No premises shall be used and no building hereafter erected or structurally altered shall be used, occupied, or changed in use, until a Certificate of Occupancy and compliance shall have been issued by the Building Laws and the provisions of these regulations.

Certificates of Occupancy and compliance shall be applied for coincident with the application for a building permit and shall be issued within ten (10) days after the erection of structural alterations of such buildings shall have been competed in conformity with the provisions of these regulations. A record of all certificates shall be kept on file in the office of the City Secretary.

No permit for excavation for any building shall be issued before application has been made for Certificate of Occupancy and compliance.

A Certificate of Occupancy shall be required of all nonconforming uses. Application for a certificate of occupancy for nonconforming uses shall be filed within twelve (12) months from the effective date of this Ordinance, with the City Secretary.

(Ordinance 6051-12 adopted 5/17/12)

Nolanville City Zoning Code

ARTICLE VI

NONCONFORMING STRUCTURES AND USES

§ 710.1 Intent.

Within the Districts established by this Ordinance or amendments that may later be adopted, there exists lots, structures, and uses of land and structure which are lawful before this Ordinance was passed or amended but which would be prohibited, regulated, or restricted under the terms of this Ordinance or future amendment. It is the intent of this Ordinance to permit these nonconformities to continue until they are removed, but no [not] to encourage their survival. Such uses are declared by this Ordinance to be incompatible with permitted uses in the Districts involved. It is further the intent of this Ordinance that nonconformities shall not be enlarged upon, expanded or extended, not be used as grounds for adding other structures or uses prohibited elsewhere in the same District. A nonconforming use of a structure and land shall not be extended or enlarged after passage of this Ordinance.

The following uses now in existence and not in a strict conformity with the provisions of the district in which it is located and hereby prohibited and such uses now in existence in the City of Nolanville, shall be altered, replaced, or removed to conform to the provisions of this Ordinance on or before the date shown in the following schedule:

Junkyards and Automobiles Wrecking Yards: Twenty-four (24) months from enactment.

Communication Towers: Twenty-four (24) months from enactment.

(Ordinance 6051-12 adopted 5/17/12)

§ 710.2 Nonconforming Lots of Record.

In any District in which a lot exists of record at the effective date or adoption or amendment of this Ordinance which does not conform in size or area to the provisions of this Ordinance, buildings for the use permitted in such Districts may be erected on such a lot, notwithstanding limitations imposed by other provisions of this Ordinance, provided that such a lot is in separated [separate] ownership and not of continuous frontage with other lots in the same ownership.

(Ordinance 6051-12 adopted 5/17/12)

§ 710.3 Nonconforming Structures.

Where a lawful structure exists at the effective date of adoption or amendment of this Ordinance that could not be built under the terms of this Ordinance by reason of restriction on area, lot coverage, height, yards, or other characteristics of the structure or its location on the lot, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:

No such structure may be enlarged or altered in a way which increases its nonconformity.

Should such structure be destroyed by any means to an extent of more than fifty percent (50%) of its replacement cost at time of destruction, it shall not be reconstructed except in conformity with the provisions of this Ordinance.

Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the District in which it is located after it is moved.

(Ordinance 6051-12 adopted 5/17/12)

§ 710.4 Nonconforming Uses of Structures.

If a lawful use of a structure, or of structure and premises in a combination, exists at the effective date of adoption or amendment of this Ordinance that would not be allowed in the District under the terms of this Ordinance, that lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:

No existing structure devoted to a use not permitted by this Ordinance in the District in which it is located shall be enlarged, extended, constructed, reconstructed, moved, or structurally altered except in changing the use of the structure to a use permitted in the District in which it is located.

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 this Ordinance, but no such use shall be extended to occupy any land outside such building.

Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use shall thereafter conform to the regulations for the District in which such structure is located, and the nonconforming use may not hereafter be resumed.

When a nonconforming use of a structure, or structure and premises in combination, is discontinued for six (6) consecutive months there is a rebuttable presumption the owner intended to abandon the nonconforming use, and the structure or structure and premises in combination, shall not thereafter be used except in conformance with the regulations of the District in which it is located.

Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land.

(Ordinance 6051-12 adopted 5/17/12)

§ 710.5 Nonconforming Uses of Land.

Where, at the effective date of adoption or amendment of this Ordinance, lawful uses of land exist that are no longer permissible under the terms of this Ordinance as enacted or amended, such uses may be continued so long as they remain otherwise lawful, subject to the following provisions:

No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of this Ordinance.

No such nonconforming use shall be enlarged or increased to extend to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this Ordinance.

If any such nonconforming use of land ceases for any reason for a period of more than thirty (30) days there shall be a rebuttable presumption the owner intends to abandon the nonconforming use, and any subsequent use of such land shall conform to the regulations specified by this Ordinance for the District in which such land is located.

(Ordinance 6051-12 adopted 5/17/12)

§ 710.6 Changes in Nonconformity.

A nonconforming use of structure, or of a structure and land in combination, shall not be changed unless changed to a use permitted in the District in which located; except that the Zoning Board of Adjustment may permit a change to a more restricted nonconforming use and such change shall be construed as an abandonment of the former permitted nonconforming use.

(Ordinance 6051-12 adopted 5/17/12)

§ 710.7 Resubmission of Zoning Requests.

When zoning request has been disapproved by the City Council, the same request shall not be resubmitted for a period of one hundred eighty (180) days after disapproval by the City Council. Upon disapproval of a second identical request, the same request shall not be resubmitted for a period of twelve (12) months from the date of the last disapproval. Each, subsequent disapproval of the identical request will result in a new delay of twelve (12) months. The provisions of this section will be inactive when transfer of title to a new owner is recorded.

(Ordinance 6051-12 adopted 5/17/12)

§ 710.8 Notification of Rezoning Request.

Public notifications of meetings on rezoning requests will be made in accordance with State regulations.

In addition to “(a)” above, the following notifications will be made using available ownership records and addresses. Lack of proper address or unavailability of owner which prevents timely notification will not act to bar or delay action on rezoning request.

For request to rezone to “R-2” or “R-TH” Districts, owners of “R-1S”, “R-1”, or “R-DT” zoned property within two hundred (200) feet will be notified.

For request to rezone to “R-3” from any “R” District, owners of “R” zoned property within three hundred (300) feet will be notified.

For requests to rezone to “B-1”, “B-2”, or “B-3” from any “R” District, owners of “R” zoned property within four hundred (400) feet will be notified.

For requests to rezone to “B-4”, owners of property within six hundred (600) feet will be notified.

For requests to rezone to any “M” Districts, owners of property within six hundred (600) feet will be notified.

The additional cost of notifications beyond two hundred (200) feet will be paid by the owner of the property to be rezoned or his representative prior to action being taken by the Planning and Zoning Commission, the cost will be computed according to the Fee Schedule and as cost of postage plus one dollar ($1.00) per owner to be notified.

(Ordinance 6051-12 adopted 5/17/12)

§ 711.1 Abandonment of Business Within Residential Districts.

Whenever a single business activity, zoned as any nonresidential District exists within any residential district, has been abandoned or terminated by the owner or operator, or has been inactive as a business for a period of three hundred and sixty (360) consecutive days, the City Council may with prior notification to the owner of the property, review the nonresidential District zoning, and if appropriate, rezone the property to a compatible residential District.

(Ordinance 6051-12 adopted 5/17/12)

§ 711.2 Certificate of Occupancy.

No vacant land shall be occupied or used except for agricultural uses, until a Certificate of Occupancy shall have been issued by the Building Inspector.

No premises shall be used and no building hereafter erected or structurally altered shall be used, occupied, or changed in use, until a Certificate of Occupancy and compliance shall have been issued by the Building Laws and the provisions of these regulations.

Certificates of Occupancy and compliance shall be applied for coincident with the application for a building permit and shall be issued within ten (10) days after the erection of structural alterations of such buildings shall have been competed in conformity with the provisions of these regulations. A record of all certificates shall be kept on file in the office of the City Secretary.

No permit for excavation for any building shall be issued before application has been made for Certificate of Occupancy and compliance.

A Certificate of Occupancy shall be required of all nonconforming uses. Application for a certificate of occupancy for nonconforming uses shall be filed within twelve (12) months from the effective date of this Ordinance, with the City Secretary.

(Ordinance 6051-12 adopted 5/17/12)