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Tarrant City Zoning Code

ARTICLE 9

- NONCONFORMITIES

Sec. 9.01.- Nonconformities.

Any use, structure, building or improvement to land (i.e. parking areas, driveways, lighting, sidewalks, buffers and screening, and other landscaping, etc.) existing at the time of enactment of this ordinance or subsequent amendments thereto, but not in conformity with its provisions, may be continued with the limitations provided herein.

Sec. 9.02. - Continuance of nonconforming uses.

(a)

The lawful use of a structure or land existing at the time of the effective date of this ordinance and subsequent amendments thereto may be continued although such use does not conform to the provisions herein. If no structural alterations are made, a nonconforming use of a structure may be changed to another nonconforming use of the same or a more restrictive classification or to a conforming use; however, such use shall not thereafter be changed to a use of a less restrictive classification.

(b)

For the purposes of this article, a "use of a more restrictive classification" shall mean a use generally more compatible with its surroundings and/or the zone in which it located and otherwise of less impact to neighboring properties, including traffic, light, noise, odor, etc. This determination shall be made by the building inspector.

Sec. 9.03. - Discontinued nonconformities.

(a)

Nonconforming structure or premises. In the event a structure or premises occupied or utilized by a nonconforming use that becomes discontinued for a continuous period of one (1) year or longer, the use of said structure or premises shall thereafter conform to the regulations of the applicable zone.

(b)

Nonconforming signs. In the event the use of a property, on which nonconforming signs exist, becomes discontinued for a continuous period of six (6) months or longer, such sign(s) shall be brought into conformity with the provisions of Article 8 at the time of re-use of the property.

(c)

Nonconforming improvements. In the event the use of a property, on which nonconforming improvements exist, including but not limited to parking areas, driveways, lighting, sidewalks, buffers and screening, and other landscaping, becomes discontinued for a continuous period of one (1) year or longer, such nonconforming improvements shall be brought into conformity with the provisions of this ordinance at the time of re-use of the property.

Sec. 9.04. - Structural extensions and alterations.

No structure or premises occupied by a nonconforming use shall be enlarged, extended, reconstructed or otherwise structurally altered unless such use is changed to a use conforming to the use regulations of the applicable zone. However, a structure or premises occupied by a nonconforming use may be physically enlarged, extended, reconstructed or structurally altered if and only to the extent necessary to be in compliance with any existing and applicable law or ordinance specifying minimum standards for reasons of health or safety.

Sec. 9.05. - Use extensions.

No nonconforming use shall be enlarged, extended or expanded unless such use is changed to a use conforming to the use regulations of the applicable zone and any supplemental use regulations which may pertain to such use.

Sec. 9.06. - New construction for conforming uses.

(a)

A structure or building conforming to the use regulations of the applicable zone, but not conforming to other provisions of this ordinance may be enlarged, extended, or expanded provided that such enlargement, extension or expansion is more in conformance with all regulations of the applicable zone and any other applicable regulations provided in this ordinance.

(b)

In cases where an existing building, structure or parking area does not conform to the area and dimensional requirements, or other related provisions, of this ordinance, said building, structure or parking area may be enlarged, expanded, or extended provided that such enlargement, expansion, or extension is more in conformance with all regulations of the applicable zone and any other applicable regulations of this ordinance. If such improvements or alterations do not increase conformity with the applicable regulations of this ordinance, and/or do not bring the existing building, structure or parking area in greater conformity with the provisions of this ordinance, a variance shall be required prior to the issuance of a building permit for such alteration.

Sec. 9.07. - Destruction of a nonconforming use.

Any building or structure, nonconforming of its own right or occupied by a nonconforming use, that is damaged by explosion, fire, acts of God or the public enemy to the extent of more than seventy-five (75) percent of its fair market value, immediately prior to said damage and as determined by the building inspector; shall not be restored except in conformity with the regulations of this Zoning ordinance; however, single-family dwellings, excluding manufactured homes, may be rebuilt in any zone after any amount of damage, other than damages caused intentionally by the owner of said property, in accordance with the following provisions.

(a)

In zones where single-family dwellings are not permitted, the single-family dwelling shall only be built back within the setbacks established by the original dwelling.

(b)

In zones where single-family dwellings are permitted, the single-family dwelling shall only be built back in accordance with the area and dimensional requirements of the applicable zone.

(c)

In all cases, the reconstruction of a single-family dwelling shall be in accordance with all applicable federal, state, county and local regulations, including, but not limited to, regulations on development within flood prone areas.