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Stanton City Zoning Code

§ 9.04.018

Specific use permits and nonconforming uses.

(a) 
Specific use permits.
(1) 
The city council of the City of Stanton, Texas, after public hearing and proper notice to all parties affected and after recommendation by the planning and zoning commission, may authorize the issuance of specific use permits for the following types of uses in the following districts:
(A) 
Airport or landing field in any district.
(B) 
Radio and television broadcasting towers and transmitting station in any district.
(C) 
Hospitals, convalescent homes or institutions of a religious, education or philanthropic nature in any district.
(D) 
Homes for insane, alcoholic, feebleminded or narcotic patients in any district on a site of five (5) acres or more.
(E) 
Mobile home parks in any district.
(F) 
Rock quarries, sand, gravel and caliche excavations in any district
(G) 
Mortuary in the SF-1 or SF-2.
(H) 
Such other uses as the city council may deem proper or necessary.
(I) 
Drive-in restaurants.
(J) 
Day care center - in residential zones.
(K) 
Mobile homes.
(2) 
In authorizing the location of any of the uses listed as specific use permits, the city council may impose such development standards and safeguards as the conditions and location indicate important to the welfare and protection of the adjacent property from excessive noise, vibration, dust, dirt, smoke, fumes, gas, odor, explosions, glare, offensive view or other undesirable or hazardous conditions.
(b) 
Nonconforming use permits.
(1) 
Any use of property that does not conform to the regulations prescribed in the preceding sections of this article, and which shall have been in existence prior to the adoption of this article, shall be called a nonconforming use. Any use that may have become nonconforming since that date through amendment to this article or annexation and is not a violation of this article shall also be considered a nonconforming use.
(2) 
Any nonconforming use of land or structures may be continued for definite period of time, and subject to such regulations as the board of adjustment may require for immediate preservation of the adjoining property and the ultimate removal of the nonconforming use. The board of adjustment may grant a change of occupancy for one (1) nonconforming use to another, providing the use is within the same or higher classification as the original nonconforming use. In the event a nonconforming use of a building may be changed to another nonconforming use of the same or more restricted classification, it shall not later be changed to a less restrictive classification of use, and such prior less restrictive classification shall be considered to have been abandoned.
(3) 
If a structure occupied by a nonconforming use is destroyed by fire, the elements or other cause, it may not be rebuilt except to conform to the provisions of this article. In the case of partial destruction of a nonconforming use not exceeding fifty (50) percent of its reasonable value, reconstruction will be permitted, but the size or function of a nonconforming use cannot be expanded. This does not apply for mobile homes in SF-1 districts.
(4) 
A permit to enclose or enlarge any nonconforming structure must be approved by the planning and zoning commission, after the usual procedure for public hearings.
(5) 
A nonconforming use permit is non-transferable from one person to another.
(Ordinance 1053 adopted 6/11/1984; Ordinance adopting 2024 Code)