9.01.01. Purpose: Within the districts established by this ordinance or amendments thereto, there exist lots, structures, uses of land and structures, and characteristics of use which were lawful before this ordinance was enacted, amended or otherwise made applicable to such lots, structures or uses, but which do not conform to the regulations of the district in which it is located. It is the intent of this section of the ordinance to permit such nonconforming uses to continue, under regulations herein contained, until the same are removed, but not to encourage their survival.

9.01.02. Nonconformance incompatible: Nonconforming uses are hereby declared to be incompatible with the permitted uses in the districts involved.

9.01.03. Enlargement prohibited: It is further the intent of this ordinance that nonconforming uses shall not be enlarged upon, expanded, or extended, nor be used as a basis for adding other structures or uses prohibited elsewhere in the same district. Except as herein provided, no nonconforming use of land or buildings nor any nonconforming structure shall be enlarged, changed, altered, or repaired except in conformity with the regulations contained in this article.

9.01.04. Nonconforming single-family residences permitted to enlarge in certain cases:

Upon appeal, the board of adjustment may grant permission for the enlargement of a nonconforming single-family residence. Such additions must conform to all applicable building codes and may, at the discretion of the building official, require the renovation of the entire structure to conform to applicable building codes for the purposes of public health and safety.

Under no circumstances will an appeal be granted for the enlargement of a nonconforming structure unless the location in question has been continuously occupied as a residence.

9.01.05. Nonconformance permitted to continue in certain cases:

Any structure or use of land or building existing at the time of the enactment of this ordinance may continue to exist, even though such structure or use of land or building may not conform to the provisions of the district wherein it is located. This section shall not apply to any structure or use of land or building established in violation of any ordinance previously in effect in the city.

Any structure or use of land or building which does not conform to the regulations prescribed in the zoning district wherein it is located, and which was in existence at the time of annexation by the city, and has further been in regular and continuous use, may continue to exist.

9.01.06. Development of nonconforming lots: Nonconforming lots established before July 19, 1970 which do not meet the minimum area, width, or depth requirements for the district wherein they are located may be developed if all other requirements of this ordinance are fulfilled.

9.01.07. Proof of legal nonconformance: It shall be the responsibility of the owner, operator, or occupant to provide proof that a nonconforming structure or use of land or building existed prior to the enactment of this ordinance.

(Ord. No. 93-19, art. 3, 9-7-1993; Ord. No. 2007-21, § 2, 10-16-2007; Ord. No. 2019-05, § 2, 2-5-2019)

Note— Former § 8.01. See editor's note to art. 7.

A nonconforming use terminates when the structure housing the use sustains damage of any origin whereby the cost of restoring the structure to its undamaged condition would exceed 50 percent of the market value of the structure before the damage occurred.

(Ord. No. 2009-13, § 2, 5-3-2011; Ord. No. 2019-05, § 2, 2-5-2019)

Note— Former § 8.02. See editor's note to art. 7.

9.03.01. Conversion to conformance permitted: Any nonconforming use may be changed to a conforming use, and once the change is made, the use shall not thereafter be changed back to a nonconforming use.

9.03.02. Conforming use in a nonconforming structure: Where a conforming use is located in a nonconforming structure, the use may be changed to another conforming use by securing a certificate of occupancy from the building official.

(Ord. No. 2019-05, § 2, 2-5-2019)

Note— Former § 8.03. See editor's note to art. 7.

9.04.01. Inactivity as a basis for the termination of nonconformance: When a nonconforming use or structure, ceases to be used in such manner for a period of six months, it shall be deemed prima facie evidence of inactivity and it shall not be resumed. Documentation of such inactivity shall be established and maintained by the director of administration [city manager].

9.04.02. Avoidance of inactivity:

In order to avoid being identified as inactive, an extension of up to six months may be granted by the board of adjustment if the board determines that the following conditions have been met:

A.

The property has been advertised for sale or lease and actively marketed during the first six months; and

B.

The premises have been regularly serviced and maintained in good repair during the first six months (including but not limited to landscaping, repairs to main and accessory structures, fences, driveways, and parking lots).

A request for extension shall be submitted to the director of administration [city manager] and acted upon by the board of adjustment prior to the end of the first six-month period.

9.04.03. Presumption of abandonment: Any nonconforming use which does not involve a permanent type of structure or operation and which is moved from the premises shall be considered to have been abandoned.

(Ord. No. 2019-05, § 2, 2-5-2019)

Note— Former § 8.04. See editor's note to art. 7.

A nonconforming use may not be converted to another nonconforming land use.

(Ord. No. 2019-05, § 2, 2-5-2019)

Note— Former § 8.05. See editor's note to art. 7.

A person(s) may renovate, remodel, repair or rebuild a nonconforming structure housing a conforming use without board of adjustment approval if the work does not increase the degree of nonconformity of the structure and is approved by the building official by issuance of a permit.

The right to rebuild a nonconforming structure terminates if such structure sustains damage of any origin whereby the cost or restoring the structure to its undamaged condition would exceed 50 percent of the market value of the structure before the damage occurred.

(Ord. No. 2009-13, § 3, 5-3-2011; Ord. No. 2019-05, § 2, 2-5-2019)

Note— Former § 8.06. See editor's note to art. 7.

A.

Definitions.

1.

Governmental agency. United States of America, State of Texas, County of Harris, or any other governmental agency (with the exception of the city), having jurisdiction in the City of Seabrook with the ability to exercise eminent domain powers.

2.

Right-of-way acquisition. The securing of right-of-way through negotiation, purchase, bargain, trade, donation, condemnation or other means, but not including the dedication of right-of-way through the platting or zoning processes.

3.

Curative measures. Those actions, corrections, repairs and/or improvements identified in an appraisal or similar valuation analysis prepared in the context of considering damages to the remainder.

4.

Damages to the remainder. The diminution or reduction in value of the remainder property suffered as a result of the acquisition of a portion of a property for a public purpose.

B.

Compensation provided; exemption for nonconformance inapplicable.

1.

Notwithstanding the foregoing provisions in this article providing for exemptions to application of current regulations for certain nonconforming uses and structures, if a governmental agency provides compensation to a property owner for the demolition of improvements or for other curative measures which renders the property or its improvements to be in violation of city ordinances, then the property shall not be eligible for exemptions for noncompliance and shall be brought up to the current ordinances and regulations of the district in which it is located.

2.

The building official is authorized to provide notice to any affected property owner, lienholder, or certificate of occupancy holder, listing the items of noncompliance for which no exemption is being provided under this section.

3.

The building official is authorized to file an affidavit in the Harris County Real Property Records noting such noncompliance, that the property has been compensated for said noncompliance, and that a certificate of occupancy shall not be issued until such noncompliance is cured.

4.

Once the property and its improvements are brought into full compliance with all applicable ordinances of the city, the building official will be authorized to file an affidavit in the Harris County Deed Records noting such compliance.

5.

The building official is authorized to revoke a certificate of occupancy for any building or structure for which compensation has been paid to be demolished as part of a right-of-way acquisition by a governmental agency.

6.

A certificate of occupancy shall not be issued for any building or structure for which compensation has been paid to be demolished or for other curative measures until such time that the property and its improvements either come into full compliance with all applicable ordinances of the city or the curative measures, for which the compensation was paid, have been completed.

(Ord. No. 2017-15, § 2, 4-18-2017; Ord. No. 2019-05, § 2, 2-5-2019)

Note— Former § 8.07. See editor's note to art. 7.

Editor's note— Ord. No. 2014-20, § 2, adopted Oct. 7, 2014, repealed former § 8.07 which pertained to properties made nonconforming by right-of-way acquisition, and derived from Ord. No. 2012-02, § 2, adopted Jan. 17, 2012.
 Subsequently, Ord. No. 2017-15, § 2, adopted April 18, 2017, enacted new provisions to read as herein set out.