§ 35-702. Continuing Lawful Use of Property and Structures.

(a)

Nonconforming Use Defined. A nonconforming use shall be any use which:

(1)

On the effective date of the ordinance from which this chapter is derived was lawfully operated as a nonconforming use in accordance with the provisions of any prior zoning ordinances; or

(2)

On or after the effective date of the ordinance from which this chapter is derived was lawfully operated in accordance with the provisions of said ordinance but which use, by reason of amendment to said ordinance, or other governmental action, is not a permitted use in the district in which the use is located; provided, however, that a permitted use, otherwise in accordance with the provisions of this chapter, shall not be deemed a nonconforming use for a failure to comply with the provisions of this chapter relating to permitted signs, yard requirements, off-street parking requirements, or off-street loading requirements. Territory annexed into the city may continue as provided in subsections (a) and (b) of V.T.C.A. Local Government Code § 43.002, except as provided in subsection (c) thereto.

(b)

Limitations on Nonconforming Uses.

(1)

Nonconforming Uses. The lawful use of land existing as of the effective date of this chapter, or a lawful use which becomes nonconforming because of an amendment to this chapter, may be continued as provided in this section.

(2)

Abandonment. If such nonconforming use is discontinued for twelve (12) months, any future use of such premises shall be in conformity with the provisions of this chapter. Abandonment of a nonconforming use shall terminate the right to operate such use.

(3)

Continuance. The lawful use of any building existing as of the effective date of this chapter may be continued, although such use does not conform to the provisions of this chapter. Such use may be extended throughout the building, provided no structural alterations or additions to the structure, except those required by law or ordinance, are made thereto.

(4)

Enlargement. A conforming structure in which a nonconforming use is operated shall not be enlarged or extended except as required by law or ordinance.

(5)

Conditions. The right of nonconforming uses to continue shall be subject to such regulations as to the maintenance of the premises and conditions of operation as may, in the judgment of the zoning city, be reasonably required for the protection of adjacent property.

(c)

Nonconforming Lots of Record. A substandard lot may be used for any uses permitted in the applicable zoning district. A "substandard lot" means any lot which fails to meet the requirements for area or width, or both, generally applicable in the district because of a change in the applicable zoning district regulations, annexation, condemnation of a portion of the lot, or other governmental action. The provisions of this section do not require the replatting or combination of platted lots under common ownership which are protected by state vested rights law.

(d)

Applicability to metal recycling entities. Once registered with the development services department, licensed metal recycling entities legally existing on the effective date of this subsection shall have nonconforming rights and shall be eligible to obtain building permits for rebuilding and expansion within the property boundaries such as they existed on the effective date of this subsection. If the metal recycling use has been discontinued for twelve (12) consecutive months following the effective date of this subsection the owner of said property may:

(1)

Apply for a certificate of occupancy and/or building permit as required by this chapter for one of the permitted uses granted by the zoning districts established by this chapter (see article III, section 35-311); or

(2)

Submit a request for reinstatement of nonconforming rights to the director where the enforcement of this chapter would result in unnecessary hardship, and where the spirit of this chapter is observed and substantial justice is done; or

(3)

Submit an application for rezoning to another zoning district.

Commentary: Only reinstatement of nonconforming rights as they existed under Subsection 35-702(d) is possible.

See also chapter 16, article VII of the City Code related to metal recycling entities.

(Ord. No. 2012-12-13-1006, § 53, 12-13-2012)