West Lake Hills City Zoning Code
ARTICLE 38
04 SUPPLEMENTARY REGULATIONS
§ 38.04.031 Criteria for establishment of special use categories; uses allowed in specific districts.
(a)
General criteria for establishment of a special use category are as follows:
(1)
Special and associated expenses for regulatory oversight;
(2)
Higher probability of chance of nuisance to the surrounding areas;
(3)
Greater impact on surrounding properties with respect to the following:
(A)
Parking;
(B)
Waste products and disposal methods;
(C)
Noise (peace and quiet of the neighborhood);
(D)
Light or glare;
(E)
Smell, fumes, dust and odor;
(F)
Traffic; and
(G)
Infectious or contagious diseases;
(4)
Activities which increase potentially objectionable sensory responses for surrounding areas;
(5)
Greater adverse impact on appraised valuations of surrounding properties;
(6)
Higher level of impediment to development of surrounding properties;
(7)
Increase in traffic congestion and reduction of pedestrian safety to a significant degree;
(8)
Regulatory control for number and type of animals to prevent menace or disturbing of neighbors;
(9)
Regulatory control for selective activities in other than permitted zoning districts;
(10)
Regulatory control for activities that have a potential to harm the environment; and
(11)
Regulatory control for continuance of activity.
(b)
Specific special uses authorized by zoning district are as follows:
Special Use | District Allowed |
|---|---|
Assembly and testing of electronic components | O |
Bank or savings and loan association | B-2 |
Charter school or private school | O |
Child day care facility | O, GUI, B-1, B-2, B-3 |
Church | O, B-1, B-2, B-3 |
Cocktail lounge | B-3 |
Commercial coach | All (temporary during construction) |
Commercial kennel | B-2, B-3 |
Employee dining facility | O, B-1, B-2, B-3 |
Guest or domestic employee quarters | R-1, R-2, R-3 |
Hospital | B-1, B-2, B-3 |
Laundry and dry cleaning plant | B-3 |
Massage therapy school | O, B-1 |
Private horse stable | R-1, R-2 |
Publishing business | B-2, B-3 |
Rehabilitation/wellness center | B-1, B-2, B-3 |
Research, development or clinical laboratory | B-2, B-3 |
Restaurant with drive-in/drive-through facilities | B-2 |
Retail liquor store | B-2 |
Riding stable | R-1, R-2 |
Wireless telecommunication facilities | O, B-1, B-2, B-3, GUI |
(Ordinance 2021-013, att. B, adopted 12/8/21; Ordinance 2026-009 adopted 6/24/2026)
§ 38.04.032 Special use permit.
(a)
Required.
No special use shall be established, operated or maintained except as authorized by a special use permit issued in accordance with the requirements of this section.
(b)
Issuance by city council.
A special use permit may be issued only for the special uses specified in this division, and only for the district where it is authorized. A special use permit may only be issued by the city council upon recommendation of the zoning and planning commission acting after a public hearing. In considering any application for a special use permit, the zoning and planning commission in their recommendation and city council in their final action shall give due regard to the nature and condition of all adjacent land, uses, and structures. The city council may disapprove an application for a special use permit, or approve same subject to such requirements and conditions, in addition to the regulations of the district in which the particular use is located, as it may deem necessary for the protection of adjacent properties and the public interest.
(c)
Application.
An application for a special use permit shall be made in writing in a form prescribed by the city administrator and shall be accompanied by such information as may be requested, including a site plan, if required, in order to properly review the proposed use. Such information may include but is not limited to site and building plans, drawings and elevations, and operational data. All applicants for a special use permit for a nonresidential use in a residential district shall provide the city with a signed letter from a licensed attorney verifying that the proposed use will not be violating deed restrictions.
(d)
Report by city administrator or designee.
Either the city administrator or the designee shall visit the site of the proposed special use and the surrounding area and shall prepare findings to be delivered to the zoning and planning commission and city council.
(e)
Notice of public hearing before zoning and planning commission and city council.
(1)
The zoning and planning commission and city council shall each hold a public hearing on each application for a special use permit.
(2)
Written notice of such hearing shall be given to the owners of all real property located within 300 feet in all directions of the property that is the subject of the hearing, regardless of whether the neighboring property is within the city limits or ETJ. For nonresidential special uses, written notice of the hearing shall be given to the owners of all real property located within 300 feet in all directions of the property that is the subject of the hearing, regardless of whether the neighboring property is within the city limits or ETJ. Notice shall be given not less than sixteen (16) days prior to the date of the hearing by depositing a copy of the notice in the mail addressed to each owner at the owner's address shown in the Travis Central Appraisal District database, with postage paid.
(3)
Such notice shall state the purpose, date, time and place of the hearing and shall contain a brief description of the proposed development, including its nature, scope and location. The notice shall also describe any variances the applicant has requested and shall state the location and times at which the applications and supporting documents are available for public inspection. The time and place of the public hearing to be held before the city council shall also be included if known at the time the notice is given and, if it is not known at such time, a telephone number shall be provided where information on the hearing before the city council will be available at a later date.
(4)
City staff shall be responsible for drafting the notice and serving it after it has been approved by the city administrator for form and content.
(5)
Sign(s) shall be posted per section 38.05.002.
(f)
Review and approval by zoning and planning commission and city council.
(1)
The commission shall review the application for a special use permit to determine whether the proposed special use complies with each of the general criteria in section 38.04.033 and with each of the specific criteria in section 38.04.034 applicable to the proposed use, and shall make a separate finding thereon for each criterion.
(2)
The commission shall not make a recommendation to approve an application unless it finds that the proposed special use as presented complies with each of the general and applicable specific criteria.
(3)
The commission shall forward their recommendation to city council for review and final action.
(4)
The city council may condition its approval of an application on the applicant’s adoption of specified changes, additions, limitations, safeguards or effective time periods designed to ensure compliance with the criteria.
(5)
The city council shall not grant a special use permit unless it finds that the proposed special use complies with each of the applicable general and specific criteria; otherwise, it shall deny the application.
(Ordinance 2021-013, att. B, adopted 12/8/21; Ordinance 2025-005 adopted 6/25/2025; Ordinance 2026-009 adopted 6/24/2026)
§ 38.04.033 General criteria applicable to all special uses.
A proposed special use permit must comply with all the following criteria:
(1)
The appearance, size, density and operating characteristics of the proposed special use are compatible with the surrounding neighborhood and uses;
(2)
The proposed use will not have an adverse effect on the value of surrounding properties or impede their proper development;
(3)
The proposed use will not create a nuisance factor or otherwise interfere with a neighbor’s enjoyment of the neighbor’s property or operation of the neighbor’s business;
(4)
The traffic that the proposed use can reasonably be expected to generate on existing streets will not create or add significantly to congestion, a safety hazard, or a parking problem in the area, nor will it disturb the peace and quiet of the neighborhood; and
(5)
The proposed use shall comply with all other applicable ordinances and regulations.
(Ordinance 2021-013, att. B, adopted 12/8/21)
§ 38.04.034 Criteria applicable to individual special uses.
(a)
Churches.
A proposed church sanctuary or parsonage to be located in a residential district shall comply with all the following specific criteria as well as the general criteria in section 38.04.033:
(1)
Hours of operation shall not begin before 10:00 a.m. and shall end by 3:30 p.m., weekdays and weekends.
(2)
Noise shall not exceed 60 decibels as measured from any of the church’s lot lines.
(3)
Lighting shall conform to all Code requirements for the residential district in which the structure is located. All lighting shall be shielded with zero (0) footcandle spillover across property lines.
(4)
No signage is permitted. Land use notice shall be limited to address only. Name, graphic representation, and any signage is prohibited.
(5)
The total number of car trips per hour entering or leaving the church sanctuary or parsonage, whether the same or different cars, shall not exceed 10, unless fronted on a collector street.
(6)
The structure and development should be situated on the lot in such a way that their visibility is minimized. The use of natural materials and unobtrusive colors is required.
(7)
A buffer zone of tree growth is required between roads and building improvements to preserve the wooded, rural character of the hills. A buffer zone is required as well, on each of the other property lines, to preserve the wooded, rural character of the hills and to protect individuals’ privacy. Trees must be from the City’s approved tree list, and planted in accordance with a landscaping plan approved by the City.
(8)
Churches shall provide on all property lines, a fifty (50) foot undisturbed conservation easement for all subdivisions. Churches shall comply with all tree requirements in the city’s code, including protection and preservation.
(9)
Driveway entrances must be laid as inconspicuously as possible in order to maintain the look of unbroken, undisturbed landscape along the right-of-way.
(10)
Surfacing.
(A)
The color of church parking lot surface asphalt and/or concrete shall be dark (e.g. asphalt or dark colored concrete) in order to blend with the natural landscape of the neighborhoods.
(B)
All off-street driveway, parking, and loading areas shall be well drained and maintained with a durable and dustless all-weather surface approved by the city inspector and shall be kept in a state of good repair.
(11)
Parking. All parking spaces shall comply with the following requirements:
(A)
The minimum number of off-street parking spaces provided shall be the more restrictive of either:
(i)
1 space for each 4 people normally expected on the premises at the time of maximum use; or
(ii)
1 space for each 200 square feet of floor area.
(B)
Adequate aisles and driveways shall also be provided to permit proper maneuvering within the parking area and for safe and orderly entry and exit. Parking area design is included as an integral part of the site plan development.
(C)
Handicap parking requirements are a minimum of one percent of total parking spaces. Dimensional requirements are 12-foot width and 18-foot depth per handicap space.
(D)
Parking dimensional and design regulations shall conform to section 22.03.242 of this code.
(E)
On-site parking and circulation regulations. The location, width and layout of interior drives shall be appropriate for the proposed interior circulation. The location and layout of accessory off-street parking and loading spaces shall provide for efficient circulation and the safety of pedestrians and vehicles. Separate rows or aisles in parking areas shall be divided by a five-foot wide region of trees, shrubbery and other landscaping devices. The location of parking areas shall not detract from the design of proposed buildings and structures or from the appearance of the existing neighboring buildings, structures and landscape. Provision shall be made for access by police, fire and emergency vehicles. All parking facilities or structures shall be on one level.
(F)
Off-street loading space. Property owners shall ensure adequate off-street space exists on the lot for loading and unloading vehicles receiving or distributing materials or merchandise.
(G)
Required parking spaces shall be maintained. Required parking and loading areas shall not be encroached upon, reduced in any manner, or devoted to any other use. A maximum of 25 percent of the parking spaces shall be allocated to compact cars.
(H)
Drainage. No off-street driveway, parking or loading area may be drained onto or across a public right-of-way or walkway, or onto any adjacent property except into a natural watercourse or drainage easement. Drainage facilities for each parking area shall be designed and constructed in accordance with the drainage and erosion control design manual.
(I)
Driveway, parking, and loading area setbacks.
(i)
It is the policy of the city to encourage adjoining lot owners to share a common driveway. A variance to the side setback stipulations is required by both adjoining lot owners; however, variance fees may be waived by the city administrator or the board of adjustment.
(ii)
Off-street parking and loading shall be located no closer to the street right-of-way lines and to lot boundary lines than the applicable minimum distances prescribed in the following schedules:
a.
The minimum setback distance for driveways, parking areas, and loading areas from street right-of-way shall be 50 feet.
b.
The minimum setback distance for driveways, parking areas, and loading areas from the boundary lines of the R-1 and R-2 lot is 50 feet.
c.
The term “driveways” includes those areas used for required vehicle turnaround or other maneuvering. Where nonresidential driveways adjoin R-1, R-2 and R-3 districts, the 50-foot setback shall preserve existing landscape vegetation and natural features as provided in article 22.03.
d.
All driveways are limited to undeveloped slopes below 25 percent gradient. They shall not exceed a maximum of 15 percent grade after construction.
(12)
Fire safety standards required for a church to receive a special use permit:
(A)
The church must be within 200 feet of a fire hydrant that provides adequate fire flow for fire protection.
(B)
The driveway must provide adequate space for all appropriate fire equipment to access property and turnaround to exit in order to provide protection to large groups of people.
(13)
Churches shall be located with frontage on collector or arterial streets.
(14)
Setbacks. Setbacks for proposed structures, if the proposed structure has an R-1 or R-2 property adjacent to or immediately in front of the proposed property, are:
(A)
A minimum front setback of 100 feet;
(B)
A minimum rear setback of 50 feet;
(C)
Minimum side setbacks of 50 feet each.
(15)
Lot size. Dimensional minimums of lots:
(A)
2 acres;
(B)
Depth of 200 feet; and
(C)
150 feet wide.
(16)
Height of structure. Maximum 30 feet.
(17)
All other requirements shall conform to the regulations of the residential district in which the structure is located as stated in this code.
(18)
A sanctuary shall be defined as a congregating meeting place of worship for sermons, ceremonies, prayers, etc., and not to include instruction rooms, the place of residence for ministers, priests, rabbis, teachers, clergy, directors of the premises, etc.; or accessory uses on the same site, including child care facilities operated during services/events sponsored by the organization. A sanctuary authorized by special use permit issued under this section may not exceed 2,000 square feet for total building area.
(19)
No accessory structures or uses may be authorized by special use permit. This includes schools, recreational facilities, offices, and child day care unless operation occurs during regular service, etc.
(b)
Riding stable.
A proposed riding stable must comply with the following specific criteria, as well as the general criteria in section 38.04.033:
(1)
The parcel on which the use is conducted shall contain a minimum of three acres of land.
(2)
The stable shall not be located any closer than 150 feet to a residence on an adjoining lot.
(3)
The operations of a riding stable shall be limited to providing riding lessons and the boarding, training and renting of horses. No horse racing shall be permitted on the premises.
(4)
A limit on the number of horses permitted to be stabled on the lot shall be set by the city council applying the general criteria in section 38.04.033; provided that the number of horses permitted on the premises used for a riding stable shall never exceed one horse for every acre of land, except for riding stables located on ten or more acres where the number of horses permitted on the premises shall never exceed one horse for every three-fourths acre of undeveloped land.
(5)
The following facilities shall be provided and properly maintained:
(A)
Adequate enclosures to keep the horses from running at large;
(B)
Adequate space within each enclosure for proper exercise;
(C)
Adequate shelter from the elements;
(D)
Enclosures that properly drain; and
(E)
Facilities and program for proper waste disposal and for eliminating odor.
(6)
An applicant shall maintain the horse stable in a sanitary condition at all times and keep odor to a minimum.
(7)
All horses brought into or maintained in the city shall be free of all infectious or contagious diseases that the state animal health commission has determined to be dangerous.
(c)
Kennel, commercial.
A proposed commercial kennel must comply with the following specific criteria and conditions, as well as the general criteria in section 38.04.033:
(1)
The operations of a commercial kennel, unless otherwise limited by the city council, shall be limited to boarding, training, breeding, selling, veterinary treatment, care and grooming of dogs and cats, and may include the sale of dog and cat accessories and supplies.
(2)
The following facilities shall be provided and properly maintained:
(A)
Adequate enclosures to keep animals from running at large;
(B)
Adequate space within each enclosure for proper exercise;
(C)
Adequate shelter from the elements;
(D)
Enclosures that drain properly; and
(E)
Facilities and program for proper waste disposal and for eliminating odor.
(3)
An applicant shall maintain animal enclosures in a sanitary condition at all times and shall keep odor from being detectable from off the premises.
(4)
All dogs and cats brought into or maintained in the city shall be free of infectious or contagious diseases and shall be effectively inoculated against rabies at all times.
(5)
An applicant shall provide and maintain an effective means to prevent barking sounds from being audible off the premises.
(6)
The number of animals on the premises at any one time shall be no greater than authorized in the permit issued by the city council.
(d)
Alcoholic beverages sold in liquor [stores] for off-premises consumption.
(1)
The liquor or grocery store where the alcoholic beverage is proposed to be sold shall not be located within 300 feet of a church or school as measured by state law.
(2)
The liquor or grocery store where the alcoholic beverage is proposed to be sold shall not be located on property, two or more sides of which abut property in a residential zoning district.
(3)
The permit shall be reviewed annually by the city administrator, and, if reissued, reissued at the end of the calendar year.
(4)
Additional fees are to be collected after three years’ operation in accordance with the alcoholic beverage commission permit rules.
(5)
A permit shall only be granted if the applicant agrees that all litter associated with off-premises consumption of alcoholic beverages within 200 feet of the applicant’s premises is presumed to be the applicant’s. In addition, the applicant agrees to collect and dispose of all litter within 200 feet of the boundary line of the premises from which alcoholic beverages are sold.
(6)
Wine or beer tasting is permitted on-site by prospective purchasers provided required state permits are obtained.
(e)
Employee dining facilities.
(1)
The employee dining facility must be operated within the office buildings and only in projects that total over 100,000 total surface feet of building floor area within one lot.
(2)
The employee dining facility shall be limited in size so as to serve the employee population of the office complex. No advertising of the facility shall be permitted outside the complex.
(3)
The employee dining facility shall not serve meals after 6:00 p.m.
(4)
The employee dining facility shall have a separate wastewater system approved in advance by the city.
(5)
The permit shall be reviewed annually.
(f)
Banking or savings and loan establishments.
A proposed bank or savings and loan association in a B-2 district or must comply with the following specific criteria and conditions, as well as the general criteria in section 38.04.033:
(1)
The parcel must have direct access to Bee Cave Road or the Capital of Texas Highway.
(2)
The remodeling of a financial facility in existence prior to May 1, 2005, located within a B-2 district shall be limited to a maximum floor area of the lesser of the existing area or 2,000 square feet, excluding any drive-in facility area.
(3)
The building, if located within a B-2 district shall be a minimum of 200 feet from any major thoroughfare is limited to two lanes of drive-in windows.
(4)
The site plan must provide adequate anticipated stack space for automobile drive-in needs within the facility complex.
(5)
The anticipated traffic load from the banking facility shall not interfere with residential traffic.
(6)
The site plan shall provide for adequate landscaping, and the maintenance of landscaped areas shall be the subject of restrictive covenants which are enforceable by the city.
(7)
There shall be no more than one curb cut for access to the office complex unless otherwise approved by the city council.
(g)
Hospital in B-1 district.
A proposed hospital must comply with the following specific criteria and conditions, as well as the general criteria in section 38.04.033:
(1)
The parcel of land shall have a minimum of 500 feet frontage on either the Capital of Texas Highway or Bee Cave Road.
(2)
The parcel must have direct access to Bee Cave Road or the Capital of Texas Highway.
(3)
The anticipated traffic load from the hospital shall not interfere with traffic from residential streets.
(4)
There shall be no more than one curb cut unless otherwise approved by the city council.
(5)
The hospital shall be operated by a physician licensed to practice medicine in the state and currently in good standing with the state board of medical examiners.
(6)
The disposal system for the hospital shall be specifically designed by a licensed engineer for water consumption or capacity typically associated with hospitals.
(h)
Laundry and dry cleaning plant operation in B-3 district.
(1)
Dry cleaning machines shall be an EPA-approved nonvent unit and have an enclosed trough to accommodate any solvent spill.
(2)
Solvent use shall be PERC, which is nonflammable perchloroethylene, and which is limited to 50 gallons on-site at any one time.
(3)
No fumes, odor or noise shall be detectable beyond the premises of the business.
(4)
No chemical discharge shall be allowed into an organized central sewer system or private septic disposal system.
(5)
There shall be a maximum of 1,800 square feet for the gross area of the business.
(6)
Dry clean processing is limited to on-site business, not trucked-in processing.
(7)
Used chemicals and filters shall be disposed of weekly or after every 8,000 pounds of processing and be transported by a state-licensed disposal company.
(i)
Massage therapy school in O district.
A proposed massage therapy school shall comply with the following specific criteria and conditions, as well as the general criteria in section 38.04.033:
(1)
The owner and instructors shall be registered massage therapists pursuant to Vernon’s Ann. Civ. St. art. 4512k (V.T.C.A. Occupations Code, chapter 455).
(2)
The massage therapy school shall have at least two registered instructors that teach the course of instruction required for registration as a massage therapist, as specified by the provisions of Vernon’s Ann. Civ. St. art. 4512k (V.T.C.A. Occupations Code, chapter 455).
(3)
The hours of operations are limited to 6:00 a.m. to 10:00 p.m.
(4)
Hazardous chemicals as defined by Ordinance No. 240, as amended, shall not be discharged into a private sewage disposal system or into an organized central sewer system.
(5)
The parcel of land on which the school is located shall have direct ingress and egress to Bee Cave Road or Capital of Texas Highway.
(6)
Employee and student parking spaces shall be allocated on a one-to-one ratio. The number may be reduced upon presentation of evidence that the provided parking is adequate due to shared parking between retail facility users.
(7)
The anticipated traffic load from the school shall not interfere with traffic within the multitenant complex.
(j)
Charter school or private school in O district.
A proposed charter school or private school shall comply with the following specific criteria and conditions, as well as the general criteria in section 38.04.033:
(1)
The charter school or private school presents to the city proper credentials, licenses or certifications to operate as provided by the Texas Education Code.
(2)
Outdoor recreational activities are permissible so long as the noise from the activity does not interfere with the other tenants or neighbors.
(3)
A fence must be constructed surrounding any outdoor recreational activity area at a height of at least four (4) feet but no higher than six (6) feet.
(4)
The hours of operations are limited to 8:00 a.m. to 5:00 p.m.
(5)
Employee parking spaces shall be allocated on a one-to-one ratio. Additional parking must be provided for transportation of students, unless documentation is provided that the available parking is adequate due to shared parking between other tenants.
(6)
The anticipated traffic load from the school, including loading and unloading, shall not interfere with other traffic within a multi-tenant complex.
(7)
As part of the operation of a private or charter school, food and drink may be provided for on-premises consumption by the students and staff without having to obtain a food establishment permit under Chapter 10 provided that: (A) the provision of food or drink, and disposal of refuse, does not create a nuisance for other tenants or neighbors; (B) the food or drink is provided as a part of the educational services being provided, and not primarily for retail sale; and (C) the food is pre-packaged, nonperishable, and does not require cooking or other preparation. The terms in this subsection have the meaning assigned to them by chapter 10 of this code.
(8)
The private or charter school must meet the minimum ratio of classroom size per student as required by the Texas Education Agency and the number of persons occupying the space may not violate the occupancy limits set by the fire code.
(k)
Wireless telecommunication facilities.
For the purposes of special use permits, the term “wireless telecommunication facilities” includes antennae, satellite dishes, mounts, power cabinets, platforms, and any other equipment or fixtures necessary for the provision of cellular or wireless internet service. A property owner within an O, B-1, B-2, B-3, or GUI district may obtain permission to install, or permit to be installed, wireless telecommunication facilities in compliance with the general criteria in section 38.04.033, any other section of this code, and the following:
(1)
The installation and use of such facilities may not inhibit or otherwise interfere with an existing, lawful wireless telecommunication facility within the city limits.
(2)
The facilities will be installed in the least visually intrusive manner practicable, using paint colors to make the facilities blend in, screening of structures at ground level, and other measures to reduce the visual impact.
(3)
Facilities may not be constructed within the setback from the property line.
(l)
Restaurant with drive-in/drive-through facilities.
A proposed restaurant with drive-in/drive-through facilities must comply with the general criteria in section 38.04.033.
(Ordinance 2021-013, att. B, adopted 12/8/21; Ordinance 2026-009 adopted 6/24/2026)
§ 38.04.035 General conditions for all special uses.
(a)
Adherence to approved plans and limitations.
A special use shall be established, operated and maintained in accordance with the plans, terms, conditions and limitations contained in the permit approved by the city council.
(b)
Duration of permit; renewal.
Special use permits shall be granted for a definite period of time, not to exceed two years. Upon the special use permit’s expiration, renewals may be granted at the discretion of the city administrator provided no written complaints were received during the use period. If there is a record of complaints or if the city administrator opts not to approve the renewal, the applicant can seek renewal from the city council. If the city council declines the renewal, the applicant can reapply for the special use permit. The applicant shall pay new fees.
(c)
Revocation of permit.
The city council, after notice and a public hearing, may revoke any special use permit for one or more of the following reasons:
(1)
A substantial violation of any of the plans, terms, conditions and limitations applicable to the special use;
(2)
A substantial violation of any applicable ordinance or regulation;
(3)
Operation or maintenance of the special use in a manner that is detrimental to the public’s health or safety, or so as to constitute a nuisance; or
(4)
Discontinuance of the use.
(d)
Lapse of permit.
A special use permit shall lapse if the use has not been commenced, or, in the case of construction, if construction has not been commenced, within one year of the date the permit was issued.
(e)
Transfer of permit.
A special use permit is not transferable and shall cease upon transfer of the property or business.
(Ordinance 2021-013, att. B, adopted 12/8/21; Ordinance 2026-009 adopted 6/24/2026)
§ 38.04.061 Nonconforming uses of land and structures.
Any use of land or structures lawfully existing on the effective date of the ordinance from which this chapter is derived, or the effective date of any amendment to this chapter, that is not permitted in the district in which the use is located may be continued, subject to the following conditions:
(1)
No nonconforming use of land shall be extended to occupy a greater area of land than was occupied on April 15, 1990, or on the effective date of the ordinance from which this chapter is derived or the effective date of an amendment of this chapter.
(2)
No nonconforming use of land shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such use at the effective date of the ordinance from which this chapter is derived or the effective date of an amendment of this chapter.
(3)
When a nonconforming use of land is discontinued for a period of more than 90 consecutive days, it shall be deemed to be abandoned and subsequent use of such land shall conform to the regulations specified by this chapter for the district in which the land is located.
(4)
No existing structure devoted to a use not permitted by this chapter in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located.
(5)
Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of this chapter, but no such use shall be extended to occupy any land outside such building.
(6)
Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use shall thereafter conform to the regulations for the district, and the nonconforming use may not thereafter be resumed.
(7)
When a nonconforming use of a structure, or structure and premises in combination, is discontinued for three consecutive months, except for repairs covered by an approved building permit, not exceeding six months, it shall be deemed to be abandoned, and the structure, or structure and premises in combination, shall not thereafter be used except in conformity with the regulations of the district in which it is located.
(8)
Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land. Destruction for the purpose of this subsection is defined as damage to an extent of more than 50 percent of the replacement cost at the time of destruction.
(9)
The city council, after notice and hearing, may require that a nonconforming use be screened from view of the street or surrounding property, or may require the elimination of any nuisance factor caused by a nonconforming use.
(10)
The following nonconforming uses of land shall be entirely discontinued in all districts within one year from April 15, 1990, or the effective date of the ordinance from which this chapter is derived or the effective date of an amendment of this chapter, or from the date of annexation of land containing such uses:
(A)
Wrecking, junk, scrap or salvage yards.
(B)
Automotive and other sales lots, and outdoor storage yards for lumber, building materials and contractor’s equipment.
(C)
Extraction or removal of stone, sand, gravel, caliche, minerals, earth, topsoil or other natural material for commercial purposes.
(D)
Shooting ranges.
(11)
The following nonconforming uses of structures, or of structures and land in combination, shall be entirely discontinued within eight years after their inception, or within five years after becoming nonconforming under this chapter, or an amendment to this chapter, whichever is later:
(A)
All commercial uses in R districts; and
(B)
All industrial uses in any district.
(Ordinance 362 adopted 3/28/18)
