White Settlement City Zoning Code

Any use or structure which does not conform with the regulations of the zoning district in which it is located shall be deemed a nonconforming use when:

(1)

Such use or structure was in existence and lawfully operating at the time of the passage of the ordinance from which this chapter is derived, and has since been in regular and continuous use; or

(2)

Such use or structure is a lawful use at the time of the adoption of any amendment to the ordinance from which this chapter is derived but by such amendment is placed in a district wherein such use is not otherwise permitted.

(Code 2004, ch. 14, § 38(A); Code 2008, § 54-241; Code 2019, § 111-241)

(a)

Nonconforming uses are declared to be incompatible with the permitted uses in the districts involved.

(b)

It is the intent of this chapter to permit such nonconforming uses to continue, under regulations herein contained, until the same are removed, but not to encourage their survival.

(c)

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.

(Code 2004, ch. 14, § 38(B); Code 2008, § 54-242; Code 2019, § 111-242)

(a)

A nonconforming use of a building may be extended throughout the building, provided that:

(1)

No structural alteration may be made on or in the building except those required by law to preserve such building in a structurally sound condition.

(2)

The number of dwelling units or rooms in a nonconforming residential use shall not be increased so as to exceed the number of dwelling units or rooms existing at the time the use became a nonconforming use.

(b)

No nonconforming use within a building may be extended to occupy any land outside the building.

(c)

No nonconforming use of land shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the time the land became a nonconforming use.

(Code 2004, ch. 14, § 38(C); Code 2008, § 54-243; Code 2019, § 111-243)

The right to operate a nonconforming use shall cease and such use shall be terminated under any of the following circumstances:

(1)

When such use is discontinued or abandoned. Discontinuance or abandonment shall be defined as follows:

a.

When land used for a legal nonconforming use shall cease to be used in such manner for a period of 30 calendar days.

b.

When a building or other structure designed or used for a nonconforming use shall cease to be used in such manner for a period of 180 calendar days.

(2)

When any provision of this chapter or any other ordinance, or federal or state statute is violated with respect to a nonconforming use.

(3)

When a nonconforming use is changed to a conforming use by rezoning.

(4)

When the structure in which a nonconforming use is housed, operated or maintained is damaged or deteriorated to the extent of more than 50 percent of its appraised value according to Tarrant Appraisal District (TAD).

(5)

Notwithstanding anything herein to the contrary, if a nonconforming structure or the structure in which a nonconforming use is housed, operated, or maintained is unintentionally destroyed, partially or totally, by fire, the elements, or other natural catastrophic event, it may be rebuilt, but the existing square footage or function of the structure or use cannot be expanded. The construction must comply with all current building codes. The construction must commence within 12 months of the date of destruction. The failure of the owner to start such reconstruction within 12 months shall forfeit the owner's right to restore or reconstruct the structure except in conformance with the zoning ordinance, and the nonconforming structure and nonconforming use shall be deemed to be discontinued or abandoned.

(Code 2004, ch. 14, § 38(D); Code 2008, § 54-244; Code 2019, § 111-244; Ord. No. 2025-08-16-010, § 1, 8-12-2025)