Pampa City Zoning Code
§ 17
Nonconforming uses and structures.
1.
A nonconforming status shall exist under the following provisions of this ordinance:
a.
When a use or structure which does not conform to the regulations prescribed in the district in which such use or structure is located was in existence and lawfully operating prior to the adoption of Ordinance Number 194 [adopted on November 1, 1938] and has been operating since without discontinuance.
b.
When on the effective date of this ordinance, the use or structure was in existence and lawfully constructed, located and operating in accordance with the provision of the prior zoning ordinance or which was a nonconforming use thereunder, and which use or structure does not now conform to the regulations herein prescribed for the district in which such use or structure is located.
c.
When a use or structure which does not conform to the regulations prescribed in the district in which such use or structure is located was in existence at the time of annexation to the City of Pampa and has since been in regular and continuous use; except, however, if the use was an Adult Business on the effective date of an annexation and which does not conform to the location and zoning requirements pertaining to an Adult Business shall be a Nonconforming Use which may continue for three (3) years from the effective date of annexation. Upon the expiration of three (3) years, all Nonconforming Use rights shall terminate and the use shall be illegal and shall terminate.
2.
Any nonconforming use of land or structures may be continued for definite periods of time subject to such regulations as the board of adjustment may require for immediate preservation of the adjoining property prior to the ultimate removal of the nonconforming use. The building official may grant a change of occupancy from one nonconforming use to another, providing the use is within the same, or higher or more restricted classification as the original nonconforming use. In [the] event a nonconforming use of a building may be changed to another nonconforming use of more restricted classification, it shall not later be changed to a less restrictive classification of use and the prior less restrictive classification shall be considered to have been abandoned.
3.
If a structure occupied by a nonconforming use is destroyed by fire, the elements or other cause, it may not be rebuilt except to conform to the provisions of this ordinance. In the case of partial destruction of a nonconforming use not exceeding fifty (50) percent of its reasonable value, reconstruction will be permitted but the size or function of the nonconforming use cannot be expanded.
4.
No nonconforming use may be expanded or increased beyond the lot or tract upon which such nonconforming use is located as of the effective date of this ordinance except to provide off-street parking or off-street loading space upon approval of the board of adjustment.
5.
Whenever a nonconforming use is abandoned, all nonconforming rights shall cease and the use of the premise[s] shall henceforth be in conformance to this ordinance. Abandonment shall involve the intent of the user or owner to discontinue a nonconforming operation and the actual act of discontinuance. Any nonconforming use which is discontinued for, or which remains vacant for a period of six (6) months shall be considered to have been abandoned.