OR 91-500-A-158 Amends Sect. 40, Non-Conforming Uses and Structures AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. 91500A158
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING
THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF
COPPELL, TEXAS, AS HERETOFORE AMENDED, BY AMENDING
SECTION 40; PROVIDING A REPEALING CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE;
PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM
OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Planning and Zoning Commission and the governing body of the
City of Coppell, Texas, in compliance with the laws of the State of Texas and pursuant to the
Comprehensive Zoning Ordinance of the City of Coppell, have given requisite notices by
publication and otherwise, and after holding due hearings and affording a full and fair hearing
to all property owners generally, and to all persons interested, the said governing body in the
exercise of legislative discretion has concluded that Section 40 of the Comprehensive Zoning
Ordinance should be amended.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF COPPELL, TEXAS:
SECTION 1. That the Comprehensive Zoning Ordinance of the City of Coppell, Texas,
duly passed by the governing body of the City of Coppell, Texas, as heretofore amended, be,
and the same is hereby amended by replacing Section 40 in its entirety with the following
section:
SECTION 40
NON-CONFORMING USES AND STRUCTURES
40-1 Intent of Provisions:
1. Within the districts established by this ordinance or amendments thereto, there
exist lots, structures, uses of land and structures, and characteristics of use which
were lawful 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. Except when the Board of
Adjustment provides a termination date for a nonconforming use as prescribed in
Section 40-8, 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 are met.
2. It is further the intent of this ordinance that nonconforming uses shall not be
enlarged upon, expanded or extended, and not be used as a basis for adding other
structures or uses prohibited elsewhere in the same district.
3. Nonconforming uses are hereby declared to be incompatible with the permitted
uses in the district,,; involved.
40-2 Nonconforming Status: Any use, platted lot, or structure which does not conform with
the regulations of the zoning district in which it is located shall be deemed a
nonconforming use or structure when:
1. Such use, platted lot, or structure was in existence and lawfully operating at the
time of the passage of the previous Comprehensive Zoning Ordinance, Ordinance
No. 297, adopted December 8, 1983 and the current Comprehensive Zoning
Ordinance, Ordinance No. 91500, adopted February 12, 1991, and has since been
in regular and continuous use; or
2. Such use, platted lot, or structure is a lawful use at the time of the adoption of
any amendment to this ordinance but by such amendment is placed in a district
wherein such use, platted lot or structure is not otherwise permitted and has since
been in regular and continuous use; or
3. Such use, platted lot, or structure was in existence at the time of annexation to
the City and has since been in regular and continuous use.
40-3 Continuing Lawful Use of Property and Existence of Structures:
1. The lawful use of land or lawful existence of structures at the time of the passage
of this ordinance, although such do not conform to the provisions hereof, may be
continued; but if said nonconforming use or structure is discontinued or
abandoned, any future use of said premises shall be in conformity with the
provisions of this ordinance.
2. Discontinuance of a nonconforming use shall commence on the actual act or date
of discontinuance. Abandonment of a nonconforming structure shall commence
on the act or date of abandonment.
3. When a nonconforming use or structure which does not meet the development
standards in this ordinance ceases to be used in such manner as stated in 40-3-2
above for a period of six (6) months, such use shall not be resumed and proof of
such event shall constitute prima facie evidence of an act of abandonment except
as allowed in Section 40-5. Any nonconforming use which does not involve a
permanent type of structure or operation and which is moved from the premises
shall be considered to have been abandoned.
4. No nonconforming use or structure may be expanded, reoccupied with another
2
nonconforming use, or increased except as provided in Section 40-5.
40-4. Changing Nonconforming Uses:
1. Any nonconforming use may be changed to a conforming use, and once such
change is made, the use shall not be changed back to a nonconforming use.
2. Where a conforming use is located in a nonconforming structure, the use may be
change to another conforming use by the process outlined in Section 40-5 below.
3. A nonconforming use may not be changed to another nonconforming use.
40-5 Expansion of Nonconforming Uses and Buildings: An expansion of a nonconforming use
or structure is allowed in accordance with the following:
1. A nonconforming use located within a building may be extended throughout the
existing building, provided;
(A) No structural alteration (except as provided in paragraph 5. below) 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 said 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 or building shall be enlarged, increased, or
extended to occupy a greater area of land than was occupied at the time the land
became a nonconforming use, except to provide off-street loading or off-street
parking space which complies with the dimensional, pavement material, screening
and landscaping requirements of this ordinance.
4. The minimum residential lot areas for the various zoning districts shall be in
accordance with their respective districts except that a lot having less area than
herein required which was an official "lot of record" prior to the adoption of this
ordinance, may be used for a single-family dwelling.
5. Buildings or structures which do not conform to the area regulations or
development standards in this ordinance, but where the uses are deemed
conforming, may be enlarged. Also, where the uses are deemed conforming,
additional buildings or structures may be constructed on lots which contain
buildings or structures which do not conform to the area regulations or
3
development standards in this ordinance. In both cases, however, the total area
of buildings and structures, after enlargement or addition, shall observe the
current maximum lot coverage requirements of the district in which located, and
all new construction and pavement to accommodate such enlargement or addition
shall observe all the current area regulations and development standards of this
ordinance.
6. Buildings or structures which have been vacant or abandoned for more than six
(6) months and do not meet the current area regulations or development standards
shall be allowed to be reoccupied by a conforming use if paragraph 40-5-5 above
is followed.
40-6 Restoration of Nonconforming Structure:
1. If a structure occupied by a nonconforming use is destroyed by fire, the elements,
or other cause, it may not be rebuilt except to conform to the provisions of this
ordinance. In the case of partial destruction of a nonconforming use structure not
exceeding fifty percent (50%) of its total appraised value, as determined by the
Dallas County Central Appraisal District, reconstruction will be permitted, but
the square footage or function of the nonconforming use cannot be expanded.
40-7 Completion of Structures: Nothing herein contained shall require any change in the
plans, construction, or designated use of one of the following:
1. A building or structure for which a building permit has been issued or a site plan
approved prior to the effective date of these zoning regulations; or
2. A building or structure for which a substantially complete application for a
building permit was accepted by the Building Official on or before the effective
date of these regulations, provided however that such building permit shall
comply with all applicable ordinances of the City of Coppell in effect on the date
such application was filed and the building permit is issued within thirty (30) days
of the effective date of these regulations.
40-8 The Board of Adjustment shall provide a termination date for a nonconforming use under
a plan whereby the owner's actual investment in the structure(s) prior to the time that the
use became nonconforming can be amortized within a definite time period. The
following factors must be considered by the Board in determining a reasonable
amortization period.
1. The owner's capital investment in the structures on the property at the time the
use became nonconforming.
2. The amount of the investment realized to date and the amount remaining, if any,
to be recovered during the amortization.
3. The life expectancy of the investment.
4. The existence or nonexistence of lease obligations, as well as any contingency
clauses therein permitting termination of such leases.
5. Removal costs that are directly attributable to the establishment of a termination
date.
6. Other costs and expenses that are directly attributable to the establishment of a
termination date.
SECTION 2. That all provisions of the Comprehensive Zoning Ordinance of the City
of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby,
repealed, and all other provisions not in conflict with the provisions of this ordinance shall
retnain in full force and effect.
SECTION 3. That should any sentence, paragraph, subdivision, clause, phrase or
section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same
shall not affect the validity of this ordinance as a whole, or any part or provision thereof other
than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity
of the Comprehensive Zoning Ordinance as a whole.
SECTION 4. That an offense committed before the effective date of this ordinance is
governed by the prior law and the provisions of the Comprehensive Zoning Ordinance, as
amended, in effect when the offense was committed and the former law is continued in effect
for this purpose.
SECTION 5. That any person, firm or corporation violating any of the provisions or
terms of this ordinance shall be subject to the same penalty as provided for in the
Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and upon
conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars
($2,000.00) for each offense; and each and every day such violation shall continue shall be
deemed to constitute a separate offense.
SECTION 6. That this ordinance shall take effect immediately from and after its
passage and the publication of its caption, as the law and charter in such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, this the ;'g ,' h day of
/ ;?'~ ~2 , 1997.
/
APPROVED:
TOM MORTON, MAYOR
ATTEST:
KATHLEEN ROACH, CITY SECRETARY
APPROVED AS TO FORM:
PETER G. SMITH, CITY ATTORNEY
6