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San Antonio City Zoning Code

Sec. 82-12

Nonconforming uses.

(a)

Continuance of nonconforming uses of land or buildings. Any nonconforming use of land or buildings legally existing on or at the date of adoption of any amendment thereafter creating any additional nonconformity, may be continued, subject to the limitations set forth in the subsections below, and no change in title or possession or right of possession of property involved shall be construed to prevent the continuance of such nonconforming use.

(b)

Use of nonconforming lots of record. Notwithstanding the minimum area requirements imposed by this chapter, the erection of a one-family dwelling may be permitted in a residential district provided it is on a lot of record and further provided that the setback and other land development requirements shall conform to the regulations of the district.

(c)

Extensions prohibited. No building or land containing a nonconforming use shall hereafter be extended unless such extensions shall conform with the provisions of this chapter for the district in which it is located (provided, however, that a nonconforming use may be reconstructed throughout those parts of a building which were manifestly arranged or designed for such use prior to the advent of nonconforming use status).

(d)

Reconstruction after damage. Any nonconforming building which has been damaged by fire or other causes may be reconstructed and used as before, if it be so reconstructed and used within six months, or as soon after said damage as practical, or such other times as the board of adjustment may decide. In case the building has been declared a total loss for insurance purposes, unless it be one of a group on nonconforming buildings all being used for a single related purpose, the repair, reconstruction or use shall be in conformity with the provisions of this chapter, if possible.

(e)

Resumption prohibited. No building or land in or on which nonconforming use is abandoned for a period of 180 days and/or superseded by a permitted use shall again be developed to any nonconforming use.

(f)

Necessary repairs permitted. Nothing in this chapter shall prevent the strengthening or restoring to a safe or lawful condition any part of any building declared unsafe by the building inspector, the chief of the fire department, or other duly authorized official.

(g)

Exception for taking. Any lot or parcel of land which is reduced in size or area by any act of taking by any authority which has the power of eminent domain such that the lot size or area or width is reduced below that required in the zoning district in which it is located shall be permitted to be used for any legal use in that district for which said lot or parcel of land meets the requirements of the district as nearly as is feasible.

(Ord. No. 97-01, § 5, 1-7-97)