A.

Policy on nonconforming uses, buildings and structures. This section shall apply to all nonconforming uses, buildings, and structures unless another superseding nonconforming regulation is otherwise adopted with respect to a particular use, building or structure. The general public is directed to take note that it is the declared purpose of this section that nonconforming uses, buildings, and structures be avoided or amortized and eliminated whenever and wherever possible, and that such nonconforming uses, buildings and structures be required to comply with the regulations adopted by this ordinance, as may be amended, except:

1.

When the governing body determines that it is necessary to preserve property rights established prior to the date this ordinance or an amendment thereto was adopted as to the property in question; and

2.

When the governing body determines that it is necessary to promote the general public welfare and to protect the character of the surrounding property.

B.

Nonconforming uses. A nonconforming use that lawfully existed prior to the adoption of or amendment to this ordinance or a section thereof may be continued so long as the nonconforming use remains otherwise lawful, subject to all of the following:

1.

No existing building or structure devoted to a nonconforming use may be enlarged, extended, constructed or reconstructed.

2.

The use of an existing building or structure devoted to a nonconforming use that has been discontinued may be resumed only if there has been no other intervening use of the building, structure or underlying property since the nonconforming use was discontinued, and such nonconforming use was not discontinued for a period of 90 days or more. For the purpose of this section, the term "intervening use" means any other use of any kind.

3.

A nonconforming use may be extended throughout any part of an otherwise lawfully existing building or structure that was obviously arranged or designed for such nonconforming use prior to the adoption or amendment of this ordinance or a section thereof, but no such nonconforming use shall be extended to any portion of the property located outside such otherwise lawfully existing building or structure.

4.

The removal or destruction of a building or structure devoted in whole or in part to a nonconforming use resolves the nonconforming use status. For the purpose of this section, the term "destruction" means damage in an amount greater than or equal to 51 percent of the total replacement cost of the building or structure devoted to a nonconforming use at the time of its removal or destruction. Once removed or destroyed, a building or structure devoted to a nonconforming use may not be rebuilt.

5.

A nonconforming use does not terminate upon the sale or conveyance of the underlying property so long as the nonconforming use continues through and after the sale or conveyance of the underlying property in accordance with this ordinance, as amended.

C.

Nonconforming buildings and structures. A nonconforming building or structure that lawfully existed prior to the adoption or amendment of this ordinance may be continued so long as the nonconforming building or structure remains otherwise lawful, subject to all of the following:

1.

No nonconforming building or structure may be constructed, enlarged, extended, renovated, or reconstructed.

2.

A nonconforming building or structure, or any portion thereof, may be reduced or otherwise altered to decrease its degree of nonconformity.

3.

The use of a nonconforming building or structure that has been discontinued may be resumed only if there has been no other intervening use of the nonconforming building or structure or of the underlying property since the use of the nonconforming building or structure was discontinued, and such use was not discontinued for a period of 90 days or more. For the purpose of this section, the term "intervening use" means any other use of any kind.

4.

No use of any kind may be extended throughout any part of a nonconforming building or structure.

5.

The removal or destruction of a nonconforming building or structure resolves the nonconforming status. For the purpose of this section, the term "destruction" means damage in an amount greater than or equal to 51 percent of the replacement cost of the nonconforming building or structure at the time of its removal or destruction. Once removed or destroyed, a nonconforming building or structure may not be rebuilt.

6.

A nonconforming building or structure may remain in its unaltered form upon the sale or conveyance of the underlying property so long as the nonconforming building or structure remains otherwise lawful in accordance with this ordinance, as amended.

D.

Repairs and maintenance. For any nonconforming building or structure, or portion thereof, or any lawfully existing building or structure devoted to a nonconforming use, repairs and maintenance shall be performed to maintain the building or structure in compliance with the electrical, plumbing and building codes then adopted by the city; provided that such repairs and maintenance shall be subject to the following conditions and limitations:

1.

Within any 12-month period, no ordinary repairs, or repair or replacement of non-load-bearing walls, fixtures, wiring or plumbing may be performed for which the cost exceeds 25 percent of the current replacement cost of the building or structure to be repaired.

2.

If 51 percent or more of any nonconforming building or structure, or lawfully existing building or structure containing a nonconforming use becomes physically unsafe or unlawful due to lack of repairs or maintenance, and it is declared by a duly authorized official to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired, renovated or rebuilt except in conformity with the regulations of the district in which it is located and in accordance with the electrical, plumbing and building codes then adopted by the city, as may be amended.

E.

Appeal to zoning board of adjustment. Any person aggrieved by a decision made by an administrative official in the enforcement of this ordinance may appeal to the zoning board of adjustment for the granting of a special exception to authorize the extension or continuation of a nonconforming use, building or structure pursuant to V.T.C.A., Local Government Code § 211.010. Upon hearing an appeal hereunder as provided by V.T.C.A., Local Government Code § 211.009, the zoning board of adjustment shall determine whether the applicant has been afforded a reasonable time in which to recover investments made in the nonconforming use, building or structure. If the zoning board of adjustment determines that the applicant has not been afforded a reasonable period in which to recover an investment in the nonconforming use, building or structure, the zoning board of adjustment shall establish an additional amortization period in accordance with the subsection below.

F.

Determination of amortization period. The date upon which any building, structure or use first becomes nonconforming shall mark the beginning of its amortization period. The following factors shall be considered by the zoning board of adjustment in initially determining a reasonable amortization period:

1.

The owner's capital investment in structures, fixed equipment, and other assets (excluding inventory and other assets that may be feasibly transferred to another site) located on or used in conjunction with the property before the time the use, building or structure became nonconforming.

2.

Any costs that are directly attributable to the establishment of a compliance date, including demolition expenses, relocation expenses, termination of leases, discharge of mortgages, or otherwise deemed to be relevant in the discretion of the board of adjustment.

3.

Any return on investment since the inception of the use, or construction of the building(s) or structure(s), including, but not limited to, net income and depreciation.

4.

The anticipated annual recovery of investment, including, but not limited to, net income and depreciation.

G.

Compliance requirement. If the zoning board of adjustment finds that an applicant is entitled to additional time to amortize an investment hereunder, it shall establish a compliance date for the nonconforming use, building or structure, which compliance date shall be the date by which the nonconforming use shall cease operations, or by which the nonconforming building or structure shall be removed or made to comply. It shall be unlawful for any person to fail to cease any nonconforming use, or fail to remove any nonconforming building or structure, or nonconforming part thereof, on or before a compliance date established by the board of adjustment.

(Ord. No. 14-2013, § 2, 3-11-13; Ord. No. 08-2015, § 4, 4-13-15; Ord. No. 21-2017, § 2(Exh. A), 12-18-17)