Laserfiche WebLink
x <br /> GENERAL <br /> considered nonconforming, but shall be considered illegal change is made,the use shall not be changed back to a <br /> uses, structures, or lots and shall not be approved for any nonconforming use. <br /> alteration or expansion, and shall undertake necessary <br /> remedial measures to reach conformance with current B. Nonconforming Use to Another Nonconforming Use. <br /> standards,or be discontinued. A nonconforming use may not be changed to another <br /> nonconforming use. <br /> B. Time of Adoption.Any use, platted lot,and/or structure that is <br /> a lawful use at the time of the adoption of any amendment to C. Conforming Use in a Nonconforming Structure.Where a <br /> this Development Code but by such amendment is placed in conforming use is located in a nonconforming structure,the <br /> a district wherein such use, platted lot,and/or structure is not use may be changed to another conforming use as outlined in <br /> otherwise permitted shall be deemed legal nonconforming. Section 1.5.1.6 below. <br /> C. Annexation.If a use, platted lot and/or structure was in Section 1.5.1.6 Nonconforming Uses <br /> existence at the time of annexation to the City and has since An expansion of a nonconforming use is allowed in accordance with <br /> been in regular and continuous use, it shall be deemed legal the following. <br /> nonconforming. <br /> A. Nonconforming Use Expansion in Existing Building.A <br /> Section 1.5.1.3 Burden of Demonstration nonconforming use located within a building may be extended <br /> The burden of establishing that any nonconformity is a legal throughout the existing building,provided. <br /> nonconformity as defined in this subsection shall be borne by the 1. No structural alteration, except as provided in Section <br /> owner or proponent of such nonconformity. 1.5.1.7, may be made on or in the building except those <br /> Section 1.5.1.4 Continuing Lawful Use of Property required by law to preserve such building in a structurally <br /> sound condition. <br /> A. Abandonment of Nonconforming Use.If a nonconforming <br /> use on a particular parcel of land ceases operations for a 2. The number of dwelling units or rooms in a nonconforming <br /> continuous period of more than six(6) months,then such residential use shall not be increased so as to exceed the <br /> nonconforming use shall be deemed to be permanently number of dwelling units or rooms existing at the time said <br /> abandoned. Any nonconforming use which does not involve use became a nonconforming use. <br /> a permanent type of structure or operation and which is B. Nonconforming Use Prohibited from Expansion beyond <br /> moved from the premises shall be considered to have been Existing Building. Nonconforming use within a building shall <br /> abandoned. not be extended to occupy any land outside the building except <br /> B. Reinstatement of Nonconforming Use Rights.An owner and/ where the rights are fully or partially re instated by the ZBOA <br /> or operator of a nonconforming use that has been deemed under Section 1.5.1.9. <br /> permanently abandoned pursuant to Section 1.5.1.4(A) above, C. Off-Street Loading and Parking.Nonconforming use of land <br /> may request that the nonconforming rights to the use be or building shall not be enlarged, increased, or extended to <br /> reinstated pursuant to Section 1.5.1.10. occupy a greater area of land than was occupied at the time the <br /> C. Prohibited Expansion or Reoccupation.A nonconforming use land became a nonconforming use, except to provide off-street <br /> shall not be expanded, reoccupied with another nonconforming loading or off-street parking space when the additional parking <br /> use, or increased as of the effective date of this Development complies with Section 7.1.1.1. <br /> code except as provided in Section 1.5.1.6. Section 1.5.1.7 Nonconforming Principle Structures <br /> Section 1.5.1.5 Changing Uses and Nonconforming Rights A. Enlargement.Any nonconforming structure used for a <br /> A. Nonconforming Use to Conforming Use.Any nonconforming conforming use may be enlarged or altered; provided, however, <br /> use may be changed to a conforming use, and once such that no enlargement, maintenance, repair or alteration shall <br /> Adopted April 17,2018 San Marcos Development Code lel <br />