Paris City Zoning Code
§ 15
Nonconforming Uses and Structures.
15-100
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 September 9, 1957, 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 Paris and has since been in regular and continuous use.
15-101
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.
15-102
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 seventy-five (75) percent of its reasonable value, reconstruction will be permitted but the size or function of the nonconforming use cannot be expanded.
15-103
Legal Nonconforming Lot of Record. A legal nonconforming lot of record as defined in Section 22-100 of this Ordinance and existing on February 17, 2022 may be used for the erection of a structure without meeting the minimum lot area, lot width, and lot depth requirements provided that:
A.
The use is permitted in the zoning district;
B.
The property received approval of a final subdivision plat by the Paris City Council and has been officially recorded in the Lamar County Clerk’s Office.
C.
The lot has been in a legal nonconforming condition with respect to lot size, width and depth at all times since creation, or has been approved as a final plat by the City of Paris as a Planned Development with reduced lot size, width, or depth requirements;
D.
The lot was created compliant with the official controls in effect at that time;
E.
The applicant provides written proof of an approved subsurface sewage treatment system (SSTS) design and permit from the Texas Commission on Environmental Quality (TCEQ), where city sewer services are not available;
F.
The lot area, width and depth are within seventy-five percent (75%) of the minimum requirements of this Ordinance. In the SF-1 District, existing lots of record greater than one (1) acre and with a width of at least one hundred (100) feet may be developed without a variance, provided all other standards of this Ordinance are met;
G.
A building permit(s) is/are obtained from the City.
(Ordinance 2022-009, sec. 5, adopted 2/28/22)