Rockport City Zoning Code
§ 118-25
Non-conforming use regulations.
25.1
Non-Conforming Uses Regulated.
The purpose of this section is to make the Ordinance more workable, legal and not impose unnecessary hardships on individuals who have established certain uses before the enactment of the Zoning Ordinance. Certain privileges are accorded such uses. It is the long range objective, however, that such uses will ultimately be eliminated by attrition or other means.
25.1.1
Non-Conforming Uses Established.
The lawful use of land or a building existing at the time of passage of this Ordinance or any amendment thereto may be continued, although such use does not conform to all the provisions of this Ordinance, except as hereinafter provided. Non-conforming lots of record existing at the time of the adoption of this ordinance and lots or parcels created as a result of condemnation or involuntary sale by owner to a government entity with the power of eminent domain shall be exempt, unless indicated, from the minimum lot area and width requirements provided they are developed in accordance with all minimum yard areas as required in Article 20 [section 118-20] of this document.
25.1.2
Non-Conforming Uses May be Changed.
A non-conforming use of a building, structure or premises may be changed to another non-conforming use of the same or of a higher classification provided no structural alterations are made in the building. If the use is changed to a higher classification or to a conforming use, it cannot be changed back to the original non-conforming use. For the purposes of this paragraph, the "same classification" means uses permitted in the same district; a "higher classification" means uses in a district with a prior listing (lower density) in this Ordinance.
25.1.3
Discontinuance of a Non-Conforming Use.
1.
If a non-conforming use of a building or premises is discontinued, the use of such building or premises then must conform to the use regulation of the District in which it is located.
2.
A non-conforming use shall be deemed "discontinued" in the following circumstances:
a.
The use ceases to operate for a continuous period of 180 calendar days and the use is not temporarily discontinued in conformance with Sec. 118-25.1.3.3.;
b.
Any non-conforming use that does not involve a permanent type of structure or operation and that is moved from the premises.
3.
A non-conforming use which is temporarily discontinued due to substantial damage to the building or structure in which the non-conforming use is operating, will be allowed to continue and shall not be deemed discontinued provided that building permits have been issued and building repair or reconstruction work has started within eighteen (18) months of the date of such damage. In the event of a delay in repair or reconstruction, a property owner may submit a request for a six (6) month extension to the Planning & Zoning Commission. A maximum of two (2) extensions, for a total of twelve (12) months, may be granted.
25.1.4
Damage to Non-Conforming Buildings and Structures.
No building or structure which has been damaged by any cause whatsoever to the extent of more than fifty percent (50%) of the appraised value of the building immediately prior to the damage, shall be restored except in conformity with the regulations of this ordinance. If a building or structure is damaged by less than fifty percent (50%) of appraised value, it may be repaired or reconstructed and used as before the time of damage, provided that such repairs or reconstruction be substantially completed within six (6) months of the date of such damage.
25.1.5
Expansion of Non-Conforming Use, Buildings, and Structures.
1.
A non-conforming use cannot be enlarged, extended or structurally altered unless changed to a conforming use.
2.
Expansion of Non-Conforming Buildings or Structures with Conforming Uses, or Non-Conforming Sites:
a.
Buildings or structures that do not conform to the regulations or development standards in this ordinance but where the uses are deemed conforming shall not increase the gross floor area greater than ten percent (10%) from the date when the building or structure became non-conforming. The expansion of non-conforming buildings or structures may be done in a similar fashion to the existing building or structure and deviate from current design standards of this zoning ordinance without the need for a zoning variance provided that compliance with Sec. 25.1.5.2.b.i, ii, iii, and iv is attained, and
b.
Sites with existing contiguous land that do not conform to the regulations or development standards in this ordinance shall not increase the gross site area greater than ten percent (10%) of developed site area established from the date when the site became non-conforming. The expansion of non-conforming sites may be done in a similar fashion to the existing site and deviate from current design standards of this zoning ordinance without the need for a zoning variance provided that:
i.
The expansion is not detrimental to the public health, safety, and general welfare;
ii.
The expansion does not increase the risk to life safety, fires, or other dangers;
iii.
The expansion does not violate any provisions of Chapter 50 Floods; and
iv.
The expansion meets currently adopted building codes and International Fire Code requirements.
c.
The City Manager or his/her designee shall have the authority to administratively determine if a proposed expansion of a non-conforming structure or site complies with the above provisions.
25.1.6
Reserved
25.1.7
Intermittent and Illegal Uses.
The occasional, intermittent, temporary or illegal use of land or buildings shall not be sufficient to establish the existence of a non-conforming use and the existence of a non-conforming use on the part of a lot or tract shall not be construed to establish a non-conforming use on the entire lot. Passage of this ordinance in no way legalizes uses existing at the time of its adoption.
25.1.8
Discontinuance of Certain Non-Conforming Uses in R Districts.
Where a premise in an R District is used for open storage, such uses must be discontinued and the stored material removed within one (1) year after the effective date of this Ordinance. Open storage in an R district existing beyond one (1) year after the effective date of this ordinance shall be abated pursuant to Chapter 42, Rockport Code of Ordinances. Open storage existing within newly annexed territory shall be deemed non-conforming and shall therefore be regulated pursuant to this article.
(Ordinance 1027, art. 25, 4-9-96; Ordinance 1876, 6-14-22)