§ 7. Nonconforming uses and structures.

7.1

Intent of provisions.

A.

Within the districts established by this ordinance or amendments thereto, there may exist lots, structures, uses of land and structures, and characteristics of use which were lawfully in existence and operating before this ordinance was enacted, amended or otherwise made applicable to such lots, structures or uses, but which do not now conform to the regulations of the district in which they are located. It is the intent of this ordinance to permit such nonconforming uses to continue, as long as the conditions within this section and other applicable sections of the ordinance are met.

B.

It is further the intent of this ordinance that nonconforming uses shall not be enlarged upon, expanded or extended, and shall not be used as a basis for adding other structures or uses prohibited elsewhere in the same district.

C.

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

7.2

Nonconforming status.

A.

Any use, platted lot or structure which does not conform with the regulations of this zoning ordinance on the effective date hereof or any amendment hereto, except as expressly provided in subsection C. below, shall be deemed a nonconforming use, platted lot or structure provided that:

1.

Such use, platted lot or structure was in existence under and in compliance with the provisions of the immediately prior zoning ordinance; or

2.

Such use, platted lot or structure was a lawful, nonconforming use, platted lot or structure under the immediately prior zoning ordinance; or

3.

Such use, platted lot or structure was in existence at the time of annexation into the city, was a legal use of the land at such time, and has been in regular and continuous use since such time.

B.

Any other use, platted lot or structure which does not conform with the regulations of the zoning district in which it is located on the effective date of this ordinance or any amendment hereto, and except as provided in subsection C. below, shall be deemed to be in violation of this ordinance, and the city shall be entitled to enforce fully the terms of this ordinance with respect to such use, platted lot or structure.

C.

The following types of platted lots shall be deemed in conformance with the provisions of this ordinance, notwithstanding the fact that such lot does not meet the standards of this ordinance in the district in which it is located:

1.

Any vacant lot that conformed to the city's zoning district regulations at the time that it was platted; or

2.

Any lot occupied by a single-family dwelling authorized under the zoning district regulations in which the lot is located.

7.3

Continuing lawful use of land and structures.

A.

A nonconforming use or structure may continue to be used, operated or occupied in accordance with the terms of the zoning regulations by which it was established, or in the case of annexed property, in accordance with the regulations under which it was created.

B.

A nonconforming structure occupied by a nonconforming use may be re-occupied by a conforming use, following abandonment of the nonconforming use.

7.4

Abandonment of nonconforming uses and structures, and cessation of use of structure or land.

A.

If a nonconforming use or structure is abandoned, any future use of the premises shall be in conformity with the provisions of this ordinance, as amended, and with any other applicable city codes or ordinances that are in effect at the time the use is resumed or the structure is re-occupied.

B.

A nonconforming use or structure shall be deemed "abandoned" in the following circumstances:

1.

The use ceases to operate for a continuous period of six months (i.e., 180 calendar days);

2.

The structure remains vacant for a continuous period of six months (i.e., 180 calendar days); or

3.

In the case of a temporary use, the use is moved from the premises for any length of time.

7.5

Changing nonconforming uses.

A.

A nonconforming use shall not be changed to another nonconforming use.

B.

A nonconforming use may be changed to a conforming use provided that, once such change is made, the use shall not be changed back to a nonconforming use.

C.

A conforming use located in a nonconforming structure may be changed to another conforming use, but shall not be changed to a nonconforming use.

7.6

Expansion of nonconforming uses and structures.

A.

A nonconforming use may be extended throughout the structure in which it is located, provided that:

1.

The structure or its premises shall not be enlarged or increased in height, in floor area or in land area to accommodate extension of the nonconforming use;

2.

No alteration shall be made to the structure occupied by the nonconforming use, except those alterations that are required by law to preserve the integrity of the structure and alterations that would upgrade the quality, safety or aesthetic appeal of the structure; and

3.

The number of dwelling units occupying the structure shall not exceed the number of dwelling units existing at the time the use became nonconforming.

B.

A nonconforming use occupying a structure shall not be extended to occupy land outside the structure.

C.

A nonconforming use or structure shall not be enlarged, increased or extended to occupy a greater area of land than was occupied at the time the use or structure became nonconforming, except to provide additional off-street parking or loading areas required by this ordinance.

7.7

Reconstruction or repair of nonconforming structure.

A.

If 60 percent or more of the total appraised value, as determined by the Kaufman County Appraisal District, of a nonconforming structure is destroyed by fire, the elements, or some other cause, then the structure may be rebuilt only in conformity with the standards of this ordinance.

B.

If less than 60 percent of the total appraised value, as determined by the Kaufman County Appraisal District, of a nonconforming structure is destroyed by fire, the elements, or some other cause, then the structure may be reconstructed as it was before the partial destruction but only to its original dimensions and floor area, and provided that such reconstruction is completed within one year (i.e., 365 calendar days) following the event that caused the partial destruction. If reconstruction is delayed by contested insurance claims, litigation, or some other similar cause, then the one-year reconstruction period may be extended by the municipal development department.

C.

If a nonconforming structure that is totally or partially destroyed was occupied by a nonconforming use at the time of such destruction, then the nonconforming use may be re-established subject to the limitations on expansion set forth in subsection 7.6 above.

D.

Any conforming structure that is totally or partially destroyed shall be reconstructed only in conformity with the standards of this ordinance.

E.

Nothing in this ordinance shall be construed to prohibit the upgrading, strengthening, repair or maintenance of any part of any structure, conforming or nonconforming, that is declared unsafe or uninhabitable by the proper authority, unless such repairs or maintenance are estimated to exceed 60 percent of the structure's appraised value, as determined by the Kaufman County Appraisal District, at which point the entire structure and all repairs and maintenance shall be reconstructed in conformity with the standards of this ordinance. Cost estimate documentation (bids) shall be submitted with the building permit application in order to verify compliance with this section.

7.8

Moving of nonconforming structure.

A.

No nonconforming structure or building shall be moved in whole or in part to any other location on the lot, or to any other location or lot, unless every portion of such structure is in compliance with all the regulations of the zoning district wherein the structure is to be relocated. Such building relocation shall also require a structure relocation permit from the city, and may also require platting of the intended building site pursuant to the city's subdivision ordinance as well as approval of a building permit plan in accordance with section 12.3 of this ordinance.

7.9

Nonconforming lots.

A.

Nothing in this ordinance shall be construed to prohibit the use of a lot that does not meet the minimum lot standards of the zoning district in which it is located, provided that the lot is zoned for the land use(s) intended and the lot was platted as a lot of record prior to the effective date of this ordinance.

7.10

Right to proceed preserved.

A.

Nothing contained in this section is intended to alter any rights that may have accrued to proceed under prior regulations, pursuant to [V.T.C.A.] Local Government Code § 43.002, or §§ 245.001 to 245.006.