Braewood Ctr/FP-CS 971030 P.O. Box 478
Copp~ll. Tcx~s '/5019
The ~ With A Beautiful Futm~ F~x No. (214) 3~-~
~7~
F~ CO~R S~ET
PLEASE DELIVER THE FOLLOWING PAGF~ TO:
FAX NO. -7"7 0 ~"~,"~ I O FROM: Peri: ¥:i. ri:anen
DIREC'r DIAL: 972-304-3676
NUMBER OF PAGES ~qCLUDING COVER SHEET):
POSSIBL~-. PLEASE DIAL DIR£CT TO THE PER.~ON SENDING THIS FAX BY DIALING
TH~ DIR£CI' DIAL NU~BF-R LI~rED. THAN~ YOU.
SECTION 40
NON-CONFORMING USES AND STRUCTURF.~
40-~ 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, strum 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 prescn"oed in
Section 40-8, k is the intent of thl.q ordinance to permit such nonconforming uses
to continue, as long as the conditions within this Section and other applicable
sections axe met. (Ord. 91500-A-158)
2. It is further the intent of this ordinance that nonconformlng uses shall not be
enlarged upon, expanded or extended, and not be used as a basis for adding other
slxuctures or uses prohibited elsewhere in the same district. (Ord. 91500-A-158)
3. Nonconforming uses are hereby declared to be incompatible with the permitted
.) uses in the districts involved. (OrcL 91500-A-158)
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 reg~lar and continuous use. (Ord. 91500-A-158)
ZONING ORDINANCE CODE BOOK - 199~ Edition
°CO~L 9~e00, ~ ~ A~d ~ 9~A4eS) 158.1
].~12479
SECTION 40 - "NON-CONFORMING USES AND S'TIiUCTURESn
40-3 .Continuing Lawful Use of Property md Existence of Structures:
1. The hwful use of land or hi~,,ful existence of structures at the time of the passage
of ~ ordinance, although such do not conform to the provisions hereof, may he
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. (Ord. 91500-A-158)
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. (Ord. 91500-A-158)
3. When a nonconform~g use or structure which does not meet the development
.. standards in ~ 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 coustitute prima fade evidence of an act of a 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 premiss
shall be considered to have been abandoned. (Ord. 91500-A-158)
4. No nonconforming use or structure may be expanded, reoccupied with another
nonconforming use, or increased except as provided in Section 40-5. (Ord.
91500-A-158)
40-4 Chan.m.'n~: 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; (Ord.
91500-A-158)
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.
(Ord. 91500-A-158)
3. A nonconforming use may not be changed to another nonconforming use. (Ord.
91500-A-158)
zONING ORDINANCE CODE BOOK - 1996 F. dhiou
*(0~!. 91fi/)0, This P~ge Amended ~ 91500-A-1~8) 1589-
L~12479
SECTION 40. '"NON-CONFORMING USES AND $1'RUCTURF~"
40-5 .Expansion of Nonconforming Uses and
An expansion of a nonconformiqg usc or structure is allowed in accordance with thc
following:
1. A nonconforming use located within a building may be extended throughout the
existing b~d~g, provided;
(A) No structural alteration (except as provided in paragraph 5. below) may be
mane on or in the building except those required by law to preserve such
building in a structurally sound condition. (Ord. 91500-A-158)
CB) 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. (Ord.
91500-A-158)
2. No nonconforming use within a building may be extended to occupy any land
outside the building. (Ord. 91500-A-158)
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. (Ord. 91500-A-158)
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. (Ord. 91500-A-158)
5. Bu~Mings 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 ar~ deemed conforming,
additional buildings or structures may be constructed on lots which contain
b~gs or structures which do not conform to the .area regulations or
development standards in this ordinance. In both cases, however, the total area of
buildings and structures, after enlargement or addition, shall observe the current
ZONING ORDINANCE CODE BOOK- 1996 Edition
*(Otd- 91-~ 'mis Page Amended Tht~ 91 ~X}.A. 158) 158.3
Iss12479
SECTION.. 40. "NON-CONFOIU~NG USgS AND 5TRU~n
m,ximpm lot coverage requirements of the ~ in which located, and ail new
construction and pavement to accommodate such enlargement or addition shall
ob.serve all the current area regulations and development standards of this
ordinance. (Ord. 91500-A-158)
6. Buildings or strucuu~ which have been vacant or abandoned for more th~q six (6)
month~ and do not meet the current area regulations or development standards
shah be allowed to be reoccupied by a conforming use if paragraph 40-5-5 above is
followed. (Ord. 91500-A-158)
406 Restoration of Nonconformin~ Structure:
1. If a structure occupied by a nonconforming use is destroyed bY fire, the elements,
or other cause, it may not be rebut'It 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
D~I~s County Central Appraisal District, reconstruction w~ be permitted, but the
glUare footage or function of the nonconforming use cannot be expanded. (Ord.
91500-A-158)
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 b~g or strucUn~ for which a substantiaUy complete application for a building
permit was accepted by the Building Official on or before the effective date of
the.se regulations, provided however that such building permit shall comply with all
applicable ordinances of the City of Coppen in effect on the date such application
was filed and the bmqdiqg permit is ~ ~ thirty (30) day8 of the effective
date of these regulations. (Ord. 91500-A-158)
40-8 The Board of Adjustment shsn provide a termination date for a nonconformi,~g use under
a plan whereby'the owner's actual investment in the RnLcture(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 ~imortization period.
(Ord. 91500-A-158)
~G ORDINAN(~ CODE BOOK- 1996 Edition
*(O~L 91~0, 'i~is Pag~ Anzml~d Tmu~ 91:~).A. 1~8) 158.4
SECTION 40 . "NON-CONFOI~NG USES A~D S'I'RUCTURF~"
1. The owner's capital investment in the structure~ on the property at the time the t~e
became nonconforming. (Ord. 91500-A- !58)
2. The amount of the investment realiTed to date and the amount remMning, if any, to
be recovered during the amortization. (Ord. 91.500-A-1~8)
3. The life expectancy of the investment. (Ord. 91500-A-158)
4. The existence or nonexistence of lease obligations, as wen as any contingency
clanse$ therein permitting l~rmination of such leases. (Ord. 91500-A-158)
5. Removal costs that are directly attn'butable to the e~thbli~hment of a termination
date. (Ord. 91500-A-158)
6. Other costs and expertws that are directly attributable to the establishment of a
.... ~} termination date. (Ord. 91500-A-158)
ZONING ORDINANCE CODE BOOIr. 1996 Edition
*(Otd' 91~0, This Page Amended Through 91 ~00-A-158) 158.~
Iss12479