(A) Definition. For the purposes of this subchapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.
NONCONFORMING USE. 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:
(a) Such use or structure was in existence and lawfully operating at the time of the passage of this chapter on December 3, 2012, and has since been in regular and continuous use; or
(b) Such use or structure is a lawful use at the time of the adoption of any amendment to this chapter but by such amendment is placed in a district wherein such use is not otherwise permitted.
(B) General.
(1) Nonconforming uses are hereby declared to be incompatible with the permitted uses in the districts involved.
(2) It is the intent of this subchapter to permit such nonconforming uses to continue, under regulations herein contained, until the same are removed, but not to encourage their survival.
(3) 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 subchapter.
(C) Extension of nonconforming uses.
(1) A nonconforming use of a building may be extended throughout the building, provided:
(a) 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.
(b) 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.
(2) No nonconforming use within a building may be extended to occupy any land outside the building.
(3) 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.
(D) Termination of nonconforming uses. 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 re-zoning.
(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% of its appraised value according to Dallas (DCAD) or Ellis County Appraisal District (ECAD) or independent appraisal conducted by a licensed real estate appraiser.
(Ord. O-12-743, passed 12-3-2012; Am. Ord. O-21-951, passed 11-15-2021)