§ 52-47. Nonconforming uses.

(a)

Any use of property existing at the time of the passage of this ordinance that does not conform to the regulations prescribed in this ordinance shall be deemed a nonconforming use.

(b)

The lawful use of land existing at the time of the passage of this ordinance, although such does not conform to the provisions of this ordinance, may be continued as a nonconforming use under the terms and provisions of this ordinance, but if such nonconforming use is discontinued, any future use of said land and premises shall be in conformity with the provisions of this ordinance.

(c)

The lawful use of a building at the time of the passage of this ordinance may be continued, although such does not conform to the provisions of this ordinance, and such use may be extended throughout the entire building provided that no structural alteration, except those required by city ordinance or state law, are made therein. If no structural alterations are made, nonconforming use of the same or more restricted classification may be continued, provided, however, that in the event a nonconforming use of a building is once changed to a higher or more restricted classification, it shall not later revert to the former lower or less restricted classification.

(1)

An existing legal nonconforming single-family structure used for single-family residential purposes which is nonconforming due to its location within a non-single-family zoning district may be improved, expanded or enlarged by an amount no more than fifty (50) percent of the original enclosed, habitable area of the structure, or no more than five hundred (500) square feet, whichever is greater, provided that the improvement, expansion or enlargement does not violate the setback or other area requirements of section 52-11. R-6 single-family zoning district of this ordinance. Residential accessory structures allowed by section 52-11. R-6 single-family zoning district may also be constructed on the same lot or tract as the existing single-family structure, provided that the additional construction complies with all requirements of section 52-11. R-6 single-family zoning districts and all other ordinances and regulations of the city.

(2)

An existing legal nonconforming single-family structure used for single-family residential purposes which is nonconforming due to an encroachment by an enclosed, habitable portion of the single-family structure across a required setback line may be improved, expanded or enlarged provided that the improvement, expansion or enlargement is for additional enclosed, habitable area and does not encroach further into the required setback area than does the existing structure.

(d)

If a building occupied by a nonconforming use is destroyed by fire, explosion, or other casualty, or act of God, or public enemy, it may not be constructed or rebuilt except to conform with the provisions of this ordinance; however, nothing in this ordinance shall be taken to prevent restoration of a building destroyed to the extent of not more than fifty-one (51) percent of its reasonable market value at the time of destruction, nor the continued occupancy or use of such building or part thereof, which existed at the time of such partial destruction.

(e)

Notwithstanding any other provisions of this ordinance, it is the declared purpose of this ordinance that nonconforming uses be eliminated and be required to conform to the regulations prescribed in this ordinance, having due regard for the property rights of the persons affected when considered in the light of the public welfare and character of the area surrounding the designated nonconforming use and the conservation and preservation of property. Nonconforming uses shall be discontinued in the following manner:

(1)

Any nonconforming use not conducted within a building shall be discontinued within two (2) years from the date this ordinance shall become effective.

(2)

Any nonconforming use conducted partly within a building and partly without a building shall be discontinued within five (5) years from the date this ordinance shall become effective.

(3)

Any nonconforming use conducted wholly within a building shall be discontinued within ten (10) years from the date this ordinance shall become effective.

(4)

Whenever the use of any building or land has become nonconforming by virtue of a change of the use district, such use may be continued and shall be discontinued in accordance with provisions governing original nonconforming uses.

(5)

Whenever the use of any building used for single-family dwelling purposes or other residential purposes has become nonconforming by virtue of a change of the use district under this ordinance, such use may be continued and such building used as a single-family dwelling or other residential purposes.

(6)

Whenever any single-family dwelling building is converted to a commercial or business use as a result of rezoning under this ordinance and such commercial or business use is discontinued, such building may be reoccupied as a single-family dwelling.

(7)

Any carport constructed prior to September 9, 1992, upon premises zoned or used for single-family detached residential uses and which did not meet the applicable zoning setback requirements of the district in which such carport was located on that date, shall be considered a nonconforming residential use for purposes of this section, provided that this nonconforming use status shall only be an affirmative defense to prosecutions for violations of zoning setback requirements where the owner can show by a preponderance of the evidence that the carport is not a hazard to traffic on a street or highway abutting the lot or tract upon which the carport is located. Any carport constructed after September 9, 1992, shall meet all the requirements of section 52-40a.

(8)

A use set forth in section 52-56 shall not be classified as a nonconforming use and shall not be authorized to continue as a nonconforming use.

(f)

In the case of a mobile home community which is non-conforming to the requirements of Ordinance 1144.

(1)

Any mobile home or HUD-code manufactured home which is non-conforming to the front, side and/or rear setbacks may continue in place without regard to those setbacks so long as the mobile or manufactured home is not moved. This non-conforming status shall not affect any duty of the owner to comply with the requirements of chapters 8B and 8C of the Irving Code of Civil and Criminal Ordinances and any other applicable ordinance of the city.

(2)

After June 1, 1999, whenever a mobile home or HUD-code manufactured home is moved to another plot or removed from a manufactured home community and such home was located closer to front, rear or side property lines than allowed under the zoning ordinance, another mobile or manufactured home may be placed in the same location, and may observe the same setbacks as the home which last left the location.

(g)

Any mobile home used or occupied for single-family residential purposes may be replaced by a HUD-code manufactured home. Should the mobile home being replaced by a HUD-code manufactured home be located outside of an approved manufactured home community, the replacement HUD-code manufactured home shall comply with all setback and area requirements of the zoning district covering the property on which the home is located, except that it shall in no case have a front setback of less than twenty-five (25) feet, a side setback of less than five (5) feet, and a rear setback of less than twenty (20) feet.

(Ord. No. 1233, § 19, 7-1-65; Ord. No. 6284, § 1, 7-1-93; Ord. No. 7177, § 1, 1-8-98; Ord. No. 7198, § 4, 1-22-98; Ord. No. 7740, § 1, 11-9-00; Ord. No. 8055, § 5, 6, 9-19-02)