Purpose. The purpose of this Division is to:

• Continuance. Allow for the continuance of an existing nonconformity that may be maintained, repaired, and altered;
• Expansion. Allow for nonconformities to expand up to 50% with landscaping requirements of this  ZLUO being met.;
• Protection. Protect conforming uses and structures from nuisances that may be associated with nonconformities;
• Elimination. Eliminate substantially damaged or abandoned nonconformities whose degrees of incompatibility with adjacent land uses are high;
• Balance. Balance the City's objective to eliminate nonconformities with a landowner’s right to maintain and make use of a nonconformity; and
• Acts of God. Nonconforming uses and structures may be reestablished to 100% of their original state with insurance proof that the use or structure was damaged or destroyed by the act of God.

1. A.
   Applicability. 

   1. 1.
      Generally. The provisions of this Division apply to nonconformities. Uses, buildings or structures, lots, signs, or site elements that were illegally established or constructed are not nonconformities and the provisions of this Division do not apply to them; they instead remain “unlawful” and are violations of this ZLUO.
   2. 2.
      Territorial Changes. Whenever zoning district boundaries change to a different zoning district as a result of annexation, these regulations apply to any newly created or existing nonconformity.
   3. 3.
      Exemptions.

      1. a.
         Nonconformities Created by Public Action. Any nonconforming structure or land expressly created or caused by a conveyance of privately owned land to a federal, or state government to serve a public purpose or use, or to a local government to serve a public use, is deemed conforming for the purposes of this ZLUO and is not subject to the limitations of this Division. This exemption applies only in cases where private land is obtained by a governmental entity for a public purpose or use, as applicable, through condemnation, threat of condemnation, or otherwise, which creates a nonconformity in the remainder parcel in terms of setback, lot size, or other applicable standards of this ZLUO. This exemption does not apply to right-of-way dedication or other public conveyances of land required by the City in the course of routine site plan or plat approvals.
      2. b.
         Nonconformities Created by Variances. Any nonconformity created or caused by the approval of a Variance in accordance with Sec. 30-88, Variance, is conforming for the purposes of this ZLUO and is not subject to the limitations of this Division.
   4. 4.
      Change in Ownership. The status of nonconforming uses and nonconforming structures is not affected by a change in ownership and/or occupancy, except as otherwise provided in this Division.

1. A.
   Generally.  A nonconforming use is any use that: 

   1. 1.
      Previously Conforming.  On the effective date of this ZLUO, was previously lawfully established and complied with the applicable regulations in effect at the time it was established but does not comply with the applicable regulations of this ZLUO; 
   2. 2.
      Nonconforming Due to Amendment.  On or after the effective date of this ZLUO, was lawfully operating according to this ZLUO's provisions but, by text amendment became an unpermitted use in the district in which the use is located; or
   3. 3.
      Nonconforming Due to Annexation. On the effective date of this ZLUO, any use that was previously lawfully established and complied with all applicable regulations in effect at the time it was established but does not comply with the applicable regulation of this ZLUO at the time of annexation into the City.  Territory annexed into the City may continue pursuant to TLGC Chapter 43, Municipal Annexation.
2. B.
   Continuance. Any nonconforming use may be continued so long as it remains otherwise lawful and subject to the following:

   1. 1.
      Change in Use. A nonconforming use shall not be changed to another nonconforming use. 
   2. 2.
      Enlargement or Extension. A nonconforming use may be enlarged, expanded, increased, or extended to occupy a greater area of land that was occupied up to 50% on the effective date of this ZLUO. Structures containing a major nonconforming use may be enlarged unless the nonconforming use is permanently discontinued.
   3. 3.
      Additional Structures. No additional structures shall be constructed on a lot with a nonconforming use unless such new structure complies with the requirements of the zoning district in which is it located and all other applicable requirements of this ZLUO. 
   4. 4.
      Damage or Destruction.

      1. a.
         Less than 75 Percent of Value. If a structure containing a nonconforming use is damaged but not to an extent greater than 75 percent of the principal structure’s value, the same nonconforming use may be re-established provided:

         1. i.
            The use is the same size and intensity that previously existed prior to the damage or destruction;
         2. ii.
            The use is re-established within six months from when the damage occurred; and
         3. iii.
            The structure complies with the requirements of the zoning district in which is it located and all other applicable requirements of this ZLUO.
      2. b.
         Greater than 75 Percent of Value. If the extent of the damage is greater than 75 percent of the principal structure's value, the nonconforming use shall not be re-established and any subsequent use shall meet the requirements of the zoning district in which is it located and all other applicable requirements of this ZLUO.
3. C.
   Discontinuance and Abandonment. When any nonconforming use is discontinued for period of more than 180 consecutive days, it is deemed to be abandoned. Once the nonconforming use is deemed abandoned, it shall not be re-established or resumed. Any subsequent use shall conform with the regulations of the zoning district in which it is located and all other applicable requirements of this ZLUO. The intent to continue a nonconforming use shall not be evidence of its continuance.

1. A.
   Generally.   A nonconforming structure is any existing structure erected or modified on or before the effective date of this ZLUO that complied with the regulations in effect at the time it was erected or modified but that does not comply with all the regulations applicable in this ZLUO.
2. B.
   Continuance. A nonconforming structure may continue to be used by any use permitted in the zoning district in which the structure is located, operated, and maintained so long as the nonconforming structure remains otherwise lawful and subject to the following:

   1. 1.
      Maintenance, Repair, Enlargement, or Alteration. 

      1. a.
         Generally. Maintenance and ordinary repairs such as repair or replacement of nonbearing walls, fixtures, wiring, or plumbing may be done on a nonconforming structure Any enlargement or alteration of the nonconforming structure may be up to 50% of the existing nonconformity of all or any part of such structure or site with all the other provisions of this ZLUO being met.
      2. b.
         Single-Unit Residential Structures. However, a nonconforming structure used for a single-unit dwelling may be extended or enlarged if:

         1. i.
            It is the principal structure on the lot; and
         2. ii.
            The building is nonconforming due to lot size or the required front, side, or rear setbacks;
   2. 2.
      Restoration Due to Damage or Destruction.  If a nonconforming structure is damaged, but not to an extent greater than 75 percent of the principal structure’s value, such structure may be restored if restoration is started within one (1) year and diligently pursued to completion on the same lot to the same size and intensity of use as was previously existing immediately prior to the damage or destruction. If a nonconforming structure is damaged beyond 75 percent of the principal structure’s value, such structure shall only be rebuilt in compliance with the requirements of this ZLUO; and
   3. 3.
      Change of Use. The primary use of a nonconforming building may be changed to any other use permitted in the applicable zoning district as long as the new use complies with all regulations of this ZLUO specified for such use, except the regulations to which the building did not conform prior to the change in use.
3. C.
   Discontinuance and Abandonment. If a nonconforming use does not comply with the provisions in paragraph B, Continuance, above, then, it shall lose its legal nonconforming status and shall not be continued to be used until it comes into conformance with this ZLUO.

1. A.
   Generally.  A nonconforming lot of record is any existing lot created on or before the effective date of this ZO that complied with the regulations in effect at the time of creation but that does not comply with all the regulations applicable in this ZLUO.
2. B.
   Continuance. A nonconforming lot of record may continue to be used for any use permitted in the zoning district in which the lot is located and structures may be constructed, expanded, or altered subject to the following:

   1. 1.
      Access to Street. The nonconforming lot shall have direct paved access to an existing improved public or private street or alley;
   2. 2.
      Separate Ownership. The lot is in separate ownership from all adjacent and contiguous parcels, therefore preventing the acquisition of the additional land area needed to comply with the standards that would otherwise apply to the creation of the lot, such as minimum area and width; and
   3. 3.
      Compliance with Other Standards. Development on the nonconforming lot shall comply with all other applicable standards of this ZLUO, such as use standards, landscaping standards, bufferyard standards, parking standards, etc.
3. C.
   Discontinuance. If a nonconforming lot does not comply with the provisions in paragraph B, Continuance, above, then, it shall lose its legal nonconforming status and a new use shall not be established until it comes into conformance with this ZLUO.

1. A.
   Generally.  A nonconforming sign is any existing sign established on or before the effective date of this ZLUO that complied with the regulations in effect at the time of development but that does not comply with all the regulations applicable in this ZLUO. Any reference in this Section to a sign shall also include the support structure of the sign.
2. B.
   Continuance.  Any nonconforming sign may be continued so long as it remains otherwise lawful and subject to the following: 

   1. 1.
      Ordinary Repairs and Maintenance. Ordinary repairs and maintenance of nonconforming signs are permitted, but a nonconforming sign shall not be enlarged, expanded, or otherwise altered. Nonconforming signs shall be maintained in good condition pursuant to Sec. 30-57, General Sign Provisions;
   2. 2.
      Alterations and Modifications. A nonconforming sign shall not be altered, modified, or reconstructed, other than to comply with this ZLUO, except for replacing a sign panel or by repainting a sign face only. Such alterations shall not require changes to the structure, framing, erection, or location of the sign unless such changes conform to this ZLUO;
   3. 3.
      Restoration Due to Damage, Destruction, or Partial Removal. If a nonconforming sign is damaged, dilapidated, deteriorated, dismantled, partially destroyed, or removed by any means, the structure may be restored to its original dimensions, subject to the following:

      1. a.
         Percentage of Damage. The damage or destruction does not exceed 50% of the sign display area, support, or appurtenances;
      2. b.
         Required Permits and Approvals. Required permits and approvals for repairs are obtained within six months of the date the sign was damaged;
      3. c.
         Timeline for Restoration.  The repairs or reconstruction is completed within six months after obtaining the required permits and approvals; and
      4. d.
         No Increase in Nonconformity. The original nonconformity is not enlarged, increased, or extended.
3. C.
   Discontinuance and Abandonment.

   1. 1.
      Discontinuance. 

      1. a.
         Generally. If a nonconforming sign does not comply with the provisions in paragraph B, Continuance, above, then, it shall be brought into conformance with this ZLUO or removed in accordance with paragraph D, Removal, below.
      2. b.
         Portable Signs. A nonconforming portable sign that is removed from a premises loses its nonconforming status. 
      3. c.
         Unsafe Sign. Any nonconforming sign declared unsafe by the Director or Building Official shall be removed in accordance with paragraph D, Removal, below.
   2. 2.
      Abandonment. If a nonconforming sign does not display any message for a period of two years, it shall be considered abandoned and shall be brought into conformance with this ZLUO or removed in accordance with paragraph D, Removal, below.
4. D.
   Removal. Removal of a nonconforming sign required by this Section shall occur within 180 days unless the Director specifies another time period. A nonconforming sign that is not removed within the allotted time period may be removed by the City at the expense of the property owner. If a nonconforming sign is removed for any reason, it shall not be replaced unless the replacement sign conforms to this ZLUO.

1. A.
   Generally. A nonconforming site element is any site element established as the effective date of this ZLUO that complied with the regulations in effect at the time of development but that does not comply with all the regulations applicable in this ZLUO.  Examples of site elements include parking, loading, stacking, landscaping, bufferyards, outdoor lighting, or other site conditions or standards required by Article IV, Site Development and Design.
2. B.
   Continuance. A nonconforming site element may continue subject to the following:

   1. 1.
      Enlargement or Alteration of Principal Structure. Any increase in the gross floor area of the principal shall not exceed 50%  of the existing gross floor area and the cost of the construction, remodeling, or other alterations shall not exceed 50% of the fair market value of the structure; and
3. C.
   Discontinuance. If a nonconforming element does not comply with the provisions in paragraph B, Continuance, above, then, it shall lose its legal nonconforming status and shall be brought into conformance with the relevant provisions of this ZLUO.

Purpose. The purpose of this Section is to set out the procedures for enforcing this ZLUO and the penalties and remedies available to the City for violations of this ZLUO as described in Section 30-96 Violations.

1. A.
   Applicability.

   1. 1.
      Compliance Required. No person may use, occupy, or develop land, buildings, or other structures or authorize or permit the use, occupancy, or development of land, buildings, or other structures, except in compliance with all the provisions of this ZLUO.
   2. 2.
      Continuation of Prior Enforcement Actions. Nothing in this Division shall prohibit the continuation of previous enforcement actions undertaken by the City under regulations in effect before the effective date of this ZLUO. Enforcement actions initiated before the effective date of or amendments to this ZLUO may be continued to completion or settlement under the terms of the regulations in effect before the effective date of this ZLUO.
2. B.
   Associated Parties. The owner or tenant of any full or partial building, structure, or premises and any architect, engineer, surveyor, builder, contractor, agent, or other person who commits, participates in, assists in, or maintains a violation may be found guilty of a separate offense and suffer the penalties provided in this Division.
3. C.
   Enforcement Activities. Enforcement activities include informal contacts with individuals to advise them of requirements, the issuance of verbal warnings, written warnings, and municipal court citations, formal court action, billing and collection, and any other action(s) to enforce this ZLUO.
4. D.
   Enforcement Authority.

   1. 1.
      Authorized Officials. The Director and the Building Official are authorized to enforce this ZLUO under this Division.
   2. 2.
      Right to Enter. Authorized officials are empowered to enter any building, structure, or premises in the City upon which a development or land use is located, as follows:

      1. a.
         Inspection. Entry shall be for inspection to ensure compliance;
      2. b.
         Hours. An inspection shall be performed during business hours unless an emergency exists; and
      3. c.
         Permission. Inspection shall be made only after:

         1. i.
            Permission is granted by the owner or tenant; or 
         2. ii.
            An order is given from a court of competent jurisdiction. 
   3. 3.
      Failure to Enforce. The failure or omission of the City, upon one or more occasions, to enforce any right, obligation, or remedy hereunder shall never be construed as a waiver of the City’s right to strictly enforce such right, obligation, or remedy, and the City may resume such strict enforcement without advance notice.

1. A.
   Examples of Violations.  Violations of this ZLUO that are subject to the enforcement remedies of this Division include but are not limited to the following:

   1. 1.
      Development or Use of Land Without or Inconsistent With a Permit or Approval. Any activity that is not authorized by or is inconsistent with all of the permits, approvals, certificates, and authorizations this ZLUO requires, as set out in Article VI, Development Review Procedures;
   2. 2.
      Development or Use of Land Inconsistent with this ZLUO. Any activity that is inconsistent with any applicable zoning or general regulation of this ZLUO, unless this ZLUO expressly provides an exception;
   3. 3.
      Development or Use of Land Inconsistent with Conditions. Any activity that violates, by act or omission, any term, condition, or qualification the City places upon a required permit, certificate, rezoning, plan approval, or other forms of authorization that the City granted to allow the use, development, or other activity upon land or improvements of land;
   4. 4.
      Making a Lot or Yard Nonconforming. Any activity that reduces any lot area so that the yards or open spaces are smaller than that required by this ZLUO, a Site Development Plan, or other approval, except under the procedural and substantive requirements of this ZLUO;
   5. 5.
      Increasing Use Intensity. Any activity that increases the intensity or density of use of any land or structure, except under the procedural and substantive requirements of this ZLUO; and
   6. 6.
      Removing, Defacing, or Obscuring Notice. Any activity that removes, defaces, obscures, or interferes with any sign or notice required by this ZLUO.
2. B.
   Complaints. Any person may file a written complaint to the Director on a suspected violation of this ZLUO. The Director shall record the complaint immediately, investigate, and take action as provided in this Division.
3. C.
   Notice of Violation.

   1. 1.
      Mailed Notice. The Director shall send a violation notice by certified mail, postage prepaid, return receipt requested, to the property owner on which the violation is taking place.
   2. 2.
      Contents of Notice. The notice shall contain:

      1. a.
         Address. The address or location of property where the violation is alleged;
      2. b.
         Violation Description. A description of the alleged violation with a reference to the section(s), subsection(s), or paragraphs(s) of this ZLUO and/or conditions of approval being violated;
      3. c.
         Required Actions. A statement of the action(s) that shall be taken to correct the violation;
      4. d.
         Timeframe. A timeframe that shall not exceed 14 days to correct the violation. The Director may grant an extension if the property owner is diligently working towards compliance with this ZLUO. Persons with a cumulative total of more than three violations are not eligible for a time extension; and
      5. e.
         Contact Information. Contact information for a person or department who can answer questions about the violation notice.
4. D.
   Exemption. The Director shall not be required to issue written notice and may continue the enforcement process if the violation is likely to create an imminent hazard to life or property.
5. E.
   Successive Days and Cumulative Penalties. Each violation of this ZLUO and each day that the violation exists shall constitute a distinct and separate offense.  
6. F.
   Correction. Correction of the violation in the manner stipulated by the violation notice at any point during this enforcement process shall deem the notice null and void and enforcement activity shall cease.

1. A.
   Penalties. Any associated party as described in Sec. 30-96, General Enforcement Provisions, who violates any of the provisions of this ZLUO or who fails to comply with any of the provisions of this ZLUO shall be guilty of a misdemeanor and upon conviction shall be fined in any sum not to exceed the maximum permitted by Texas State Law for such offenses. 
2. B.
   Remedies.  

   1. 1.
      Non-Judicial Remedies. An authorized official as described in Sec. 30-96, General Enforcement Provisions, may enforce any violation of this ZLUO before and without judicial process by:

      1. a.
         Withholding Permits. Denying or withholding permits, approvals, or other forms of authorization for failure to comply with the requirements of this ZLUO or those of a referral agency;
      2. b.
         Suspension of Permits. Suspending any permits to allow for the correction of a violation or in response to a judgment of a court of competent jurisdiction;
      3. c.
         Temporary Revocation of Permits. Temporarily revoking permits for due cause to address an imminent danger to public health, public safety, or public or private property or to prevent irreparable harm;
      4. d.
         Revocation of Permits and Approvals.

         1. i.
            Generally. Revoking a development approval that they approved if they find that:

            1. (1)
               A material mistake was made in approving the application;
            2. (2)
               The development approval was issued in error or based on false representation;
            3. (3)
               Upon the request of an outside agency with jurisdiction and due cause; or
            4. (4)
               There is a departure from conditions of approval or the approved plans required under the permit, this ZLUO, or the City's construction requirements;
         2. ii.
            Notice. Written notice of revocation shall state a time frame to correct the violation;
         3. iii.
            Effect of Notice. No work or construction may proceed after service of the revocation notice except work necessary to correct a violation;
         4. iv.
            Failure to Correct. If the period to correct the violation lapses and arrangements acceptable to the administrative official that revoked the approval have not been made, the Director may:

            1. (1)
               File litigation in a court of competent jurisdiction; or
            2. (2)
               Remove or correct such violation and place a lien upon the property or improvements to the property in an amount to cover all costs related to correction or abatement of the violation.
      5. e.
         Stopping Work.

         1. i.
            Generally. Stopping any or all construction activity necessary to halt, correct, or prevent a violation of this ZLUO by issuing a written stop-work order. 
         2. ii.
            Notice. Notice shall be given before the order shall be effective, except when the order should be effective immediately to protect and preserve the public health, safety, or general welfare. 
         3. iii.
            Effect of Notice. No work or construction may proceed after notice of the stop-work order. This prohibition shall extend throughout any appeal period; and
      6. f.
         Cease and Desist Orders. An authorized official may issue a cease-and-desist order to close unlawful uses or to halt a violation of this ZLUO.
   2. 2.
      Judicial Remedies. 

      1. a.
         Injunctive Relief. The City may seek an injunction in a court of competent jurisdiction to stop any violation of this ZLUO.  Such relief may include revocation or termination of permits for any reason.  In any court proceeding in which the City seeks a preliminary injunction, it shall be presumed that a violation of this ZLUO is, or could be, an injury to the public health, safety, or general welfare.
      2. b.
         Abatement. The City may seek a court order like mandamus, abatement, or other action to abate or remove a violation, or to otherwise restore the premises in question to the condition in which it existed before a violation.
      3. c.
         Other Judicial Remedies. The City may seek any other judicial remedy as permitted by law to enforce this ZLUO in any court of competent jurisdiction.