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Port Aransas City Zoning Code

ARTICLE V

- NONCONFORMING USES AND LOTS5


Footnotes:
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Editor's note— Ord. No. 2010-05, § 1, adopted Mar. 18, 2010, amended the former Art. V, §§ 25-240—25-244, and enacted a new Art. V as set out herein. The former Art. V pertained to similar subject matter. For complete derivation see the Code Comparative Table at the end of this volume.


Sec. 25-241.- Continuation and restoration.

Any use or structure, which is nonconforming to this chapter, may be continued if that use or structure was lawfully existing on the effective date of the provision to which it does not conform. Such uses may be restored if destroyed or damaged by fire or other accidental or natural cause provided restoration is accomplished within one (1) year after the occurrence of said destruction or damage. However, if such nonconforming uses are discontinued or abandoned for more than one (1) year, subsequent use must comply with this chapter.

(Ord. No. 2010-05, § 1, 3-18-10)

Sec. 25-242. - Alteration.

Legally nonconforming structures may be altered if they are not expanded, the use is not changed, and the exterior of the structure is made to conform to the specific rules and regulations, if any, existing on the date of the alteration and governing the appearance of the exterior of structures in the zoning district in which the structure is located. However, nonconforming structures or uses may be expanded or changed to a more restrictive use if granted permission by the board of adjustment and appeals as a special exception in accordance with article VIII. When the nonconforming use is a structure's penetration into a setback, only the portion of the structure that is not violating the setback may be expanded, the portion of the structure that is in violation of a setback may not be expanded in any horizontal or vertical direction.

(Ord. No. 2010-05, § 1, 3-18-10)

Sec. 25-243. - Nonconforming lots.

On any platted lot which contains less than the minimum lot size and frontage required in this chapter and which is owned separate from any adjoining land at the date of application for building permit, a single-family dwelling may be erected provided required setbacks are observed. Existing buildings in violation of lot area requirements may be remodeled or repaired to the original size, but may not be enlarged unless setback requirements are met.

(Ord. No. 2010-05, § 1, 3-18-10)

Sec. 25-244. - Signs in CZ-1 corridor zone.

This section applies to all outdoor signs in the CZ-1 corridor zoning district. Any sign, having been permitted to remain in place as a nonconforming use or structure, must be brought into compliance or dismantled and removed if the sign or any substantial part of it is blown down or otherwise destroyed or dismantled, unless it is dismantled only for maintenance operations or for changing the letters, symbols or other matter on the sign. A sign is considered to be blown down or destroyed to the point where it is required to be brought into compliance or dismantled and removed only if the cost of repairing the sign is more than sixty (60) percent of the cost of erecting a new sign of the same type at the same location. A sign is considered destroyed regardless of the cause of it destruction, whether it is destroyed by some calamitous event or by gradual deterioration.

(Ord. No. 2010-05, § 1, 3-18-10)