1. Any use of property existing at the time of the passage of this chapter that does not conform with the regulations prescribed in the preceding sections of this chapter shall be deemed a nonconforming use, except that any single-family, duplex or apartment use existing at the time of the passage of this chapter shall be thereafter deemed a conforming use.
2. The lawful use of land existing at the time of the passage of this chapter, although such use does not conform to the provisions thereof, may be continued, but if the nonconforming use is discontinued for a period of time in excess of six months, any future use of the premises shall be in conformity with the provisions of this chapter.
3. The lawful use of the building at the time of the passage of this chapter may be continued although such use does not conform to the provisions of this chapter, and such use may be extended throughout the building provided no structural alterations except those required by law or ordinance are made therein. If no structural alterations are made, a nonconforming use of the building may be changed to another nonconforming use of the same or more restricted classification; provided, however, that if a nonconforming use of a building is once changed to a nonconforming use of a higher or more restricted classification, it shall not later be reverted to the former lower or less restricted classification.
4. The right to continue a nonconforming use shall be subject to regulations such as the maintenance of the premises and conditions of operation as may, in the judgment of the board of adjustment, be reasonably required for the protection of adjacent property.
5. If a nonconforming use ceases because of obsolescence or total destruction of a building or structure by fire or other causes, such building or structure shall not be reconstructed and such nonconforming use may not be resumed. In case of partial destruction (not exceeding 50% of its value) by fire or other causes, a building permit from the Building Official is required for reconstruction or repair. If the partial destruction is greater than 50% but less than the total value, the building or structure shall not be reconstructed or repaired unless the Zoning Board of Adjustment grants a permit for such reconstruction or repair after a public hearing and having a due regard for the property rights of the persons affected when considered in the light of the public welfare and the character of the area surrounding such nonconforming use, building or structure and the conservation and preservation of property.
6. No failure to enforce any provision of this code concerning any nonconforming use and no action by the city upon any request for a nonconforming designation or request for relief concerning any nonconforming use, shall estop or preclude the enforcement of any provision of this code concerning nonconforming uses in any lawsuit which may be filed in any court.

The city shall have the power through the City Council, with the aid of the Planning and Zoning Commission, to adopt and enforce (i) a master plan for the growth, development and beautification of the city; (ii) ordinances establishing rules and regulations governing the platting or subdividing of land within the city and within the city's extraterritorial jurisdiction; (iii) ordinances dividing the city into zones or districts for the purpose of promoting the public health, safety, morals, order, convenience, prosperity and general welfare through the regulation and control of land use, the size, height, bulk and use of buildings within such zones or districts, and building setback lines as authorized by law.

A Planning and Zoning Commission shall be established pursuant to § 33.30 of the City of Rusk Code of Ordinances.

In addition to its authority and responsibilities prescribed by State law, the Planning and Zoning Commission shall act as an advisory body to the City Council and shall perform such additional duties and exercise such additional powers as may be prescribed by §§ 33.31 through 33.36 of the City of Rusk Code of Ordinances.

1. The City Council may from time to time amend, supplement or change by ordinance the boundaries of the districts or the regulations established in this chapter.
2. Before taking action on any such proposed amendment, supplement or change, the City Council shall submit the same to the Planning and Zoning Commission for its recommendation and report.
3. A public hearing shall be held by the City Council before adopting any proposed amendment, supplement or change. Notice of such hearing shall be given by publication one time in the official publication of the city, stating the time and place of such hearing, which time shall not be earlier than 15 days from the first date of publication.
4. Unless such proposed amendment, supplement or change has been approved by the Planning and Zoning Commission, or if a protest against such proposed amendment, supplement or change has been filed with the City Clerk, duly signed and acknowledged by the owners of 20% or more either of the area of the lots included in such proposed change or those immediately adjacent and extending 200 feet from the proposed change, such amendment shall not become effective except by a three-fourths vote of the City Council.
5. The official zoning map of the city shall be kept in the office of the City Secretary, and all changes in district boundaries shall be noted thereon immediately after approval by the City Council.
6. A fee as provided in the Schedule of Fees on file with the Building Official is hereby charged and shall be paid with the filing of any application to amend, supplement or change the zoning ordinances of the city.

The master plan for the physical development of the city shall contain the planning and zoning board's recommendations for growth, development and beautification of the city. A copy of the master plan, or any part thereof, shall be forwarded to the City Manager who shall thereupon submit such plan, or part thereof, to the City Council with his recommendations thereon. The City Council may adopt this plan as a whole or in parts and may adopt any amendment thereto, after at least one public hearing on the proposed action.

The City Council shall act on such plan, or part thereof, within 60 days following its submission by the City Manager. If such plan, or part thereof, should be rejected by the City Council the board may modify such plan, or part thereof, and again forward it to the City Manager for submission to the City Council. All amendments to the master plan recommended by the Planning and Zoning Commission shall be submitted in the same manner as that outlined above to the City Council for approval, and all recommendations to the City Council from any city department affecting the master plan must be accompanied by a recommendation from the board.

Upon adoption of the master plan by the City Council, no subdivision, street, park nor any public way, ground or space, public building or structure and no public utility, whether publicly or privately owned which is in conflict with the master plan, shall be constructed or authorized by the city until and unless the location and extent thereof shall have been submitted to and approved by the Planning and Zoning Commission. In case of disapproval, the commission shall communicate its reasons to the City Council, which shall have the power to overrule such disapproval and upon such overruling the commission or the appropriate office, department or agency shall have power to proceed. The widening, narrowing, relocating, vacating or change in the use of any street, watercourse or other public way or ground or the sale of any public building or real property shall be subject to similar submission and approval, and failure to approve may be similarly overruled by the City Council. The failure of the commission to act within 15 days after the date of official submission to the commission shall be deemed approval, unless a longer period be granted by the City Council or the submitting official.

The provisions of this chapter shall be administered and enforced by the Building Official of the City of Rusk.

A Zoning Board of Adjustments shall be established pursuant to § 33.90 of the City of Rusk Code of Ordinances.

The board is hereby vested with power and authority, in appropriate cases and subject to appropriate conditions and safeguards, to make such exceptions to the terms of this chapter in harmony with its general purpose and intent and in accordance with general or special rules therein contained for the purpose of rendering full justice and equity to the general public. The Board of Adjustment shall have the power to:

1. Hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative official in the enforcement of this chapter;
2. Hear and decide special exceptions to the terms of this chapter upon which the board is required to pass under this chapter;
3. Authorize upon appeal in special cases such variances from the terms of this chapter as will not be contrary to the public interest, where, owing to special conditions, the literal enforcement of the provisions of this chapter will result in unnecessary hardship, and so that the spirit of this chapter shall be observed and substantial justice done.
   In exercising its powers, the board may, in conformity with the Texas Local Government Code; revise or reform, wholly or partly, or may modify the order, requirement, decision or determination as ought to be made and shall have all the powers of the officer from whom the appeal is taken.
   1. Meetings. The board may adopt rules to govern its proceedings; provided, however, that such rules are not inconsistent with this chapter. Meetings of the board shall be held at the call of the chairman, who may administer oaths and compel the attendance of witnesses. All meetings of the board shall be open to the public. The board shall keep minutes of its proceedings showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the board and shall be a public record.
   2. Appeals to board.
      1. Appeals to the board of adjustment can be taken by any person aggrieved or by any officer, department, board or department of the municipality affected by any decision of the administrative officer. Such appeals shall be taken within 15 days after the decision has been rendered by the administrative officer, by filing with the officer from whom the appeal is taken and with the board of adjustment a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the board all papers constituting the record upon which the action appealed from was taken.
      2. An action appealed from shall stay all proceedings upon the action appealed, unless the officer from whom the appeal is taken certifies to the board of adjustment, after the notice of appeal shall have been filed with him, that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property.
         In such case proceedings shall not be stayed other than by a restraining order which may be granted by the board of adjustment or by a court of record on application after notice to the officer from whom the appeal is taken and on due cause shown.
      3. The board of adjustment shall fix a reasonable time for the hearing of an appeal, give the public notice thereof as well as due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing any party may appear in person or by attorney or by agent.
      4. Any person filing with the zoning board of adjustment on appeal from any action by any officer, department, board or administrative office of this city shall accompany such appeal by a fee in accordance with the fee schedule on file with the city.
   3. Required number of votes. The concurring vote of four members of the board shall be necessary to revise any order, requirement, decision or determination of any such administrative official, or to decide in favor of the application on any matter upon which it is required to pass under this chapter, or to effect any variance in this chapter.
   4. Appeals to court. Any person or persons, jointly or severally, aggrieved by any decision of the board of adjustment or any taxpayer or any officer, department or board of the municipality may present to a court of record a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within ten days after the filing of the decision in the office of the board and not thereafter.