ENFORCEMENT

6.100 NONCONFORMING USES AND STRUCTURES

A Nonconforming status shall exist under the following provisions of this ordinance.

When a use or structure which does not conform to the regulations prescribed in the district in which such use or structure is located was in existence and lawfully operating prior to the effective date of this Ordinance and has been operating since without discontinuance.

When at some subsequent date a use or structure which does not conform to the regulations prescribed in the district in which such use or structure is located was in existence at the time of annexation to the City of Fredericksburg and has since been in regular and continuous use.

6.110 Continuance of a Nonconforming Use

Residential Districts

Enlargement. A non-conforming use shall not be enlarged, expanded, extended or changed.

Conversions. A non-conforming use may be continued as the same classification, or may be changed to a use of a more restricted classification upon approval of a conditional use permit. If it is changed to a use in a more restricted classification or to a conforming use, it cannot be changed back to its original non-conforming use. For purpose of this paragraph, the phrase "same classification" means: uses permitted in the same district; a "more restricted classification" means: use in a district having more restricted use (i.e., C-2 vs. C-1); and provided that:

1. the new use is similar to or less intensive than that of the old use in terms of noise generated, outdoor storage, customer activity and impact on other conforming uses in the area, and
2. that the new use comply with the parking requirements of this ordinance as applicable to newly established uses.

Termination.

1. If a non-conforming use or any portion thereof is voluntarily discontinued for a period of ninety (90) days, any future use of such land or portion thereof shall be in conformity with the regulations of the district in which such land or portion thereof is located.
2. Non-conforming use is terminated upon a change in use other than provided in Section 6.110A2, above.
3. Non-conforming use is terminated upon destruction of a structure occupied by a non-conforming use unless it is permitted to be rebuilt under section 6.110C below.

Other Districts

Enlargement. A non-conforming use may be enlarged within the boundary of the lot in which the non-conforming use has legally operated upon approval of a Conditional use Permit (Section 5.400). Such enlargement of extension shall be in compliance with all city ordinances, codes, or policies. Existing non-conforming single family residential uses may be enlarged without the necessity of obtaining a Conditional Use Permit. 

Conversion.

Conversions. A non-conforming use may be continued as the same classification, or may be changed to a use of a more restricted classification upon approval of a conditional use permit. If it is changed to a use in a more restricted classification or to a conforming use, it cannot be changed back to its original non-conforming use. For purpose of this paragraph, the phrase "same classification" means: uses permitted in the same district; a "more restricted classification" means: use in a district having more restricted use (i.e., C-2 vs. C-1);

and provided that:

the new use is similar to or less intensive than that of the old use in terms of noise generated, outdoor storage, customer activity and impact on other conforming uses in the area.

that the new use comply with the parking requirements of this ordinance as applicable to newly established uses.

Termination. A nonconforming use is terminated under the following conditions:

Upon a change in use other than as provided in Section 6.110 B.2 above.

Upon discontinuance, being defined as non-operative or non use for a period of at least 365 successive days. Discontinuance may be, but is not required to be, evidenced by termination of utility service, the failure to maintain regular hours of operation, the utilization of the premises for other purposes, abandonment or by any other reasonable means.

Upon destruction of a structure occupied by a nonconforming use except if it is permitted to be rebuilt under Section 6.110 C below.

Replacement. 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 not exceeding seventy-five percent (75%) of its tax roll assessed value, reconstruction will be permitted but the size or function of the nonconforming use shall not be expanded.

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6.120 Continuance of Nonconforming Structures

Subject to all limitations herein set forth, any nonconforming structure may be occupied and operated and maintained in a state of good repair, but no nonconforming structure shall be enlarged or extended.

A nonconforming structure in which only permitted uses are operated may be enlarged or extended if the enlargement or extension can be made in compliance with all the provisions of this chapter established for structures in the district in which the nonconforming structure is located. Such enlargement shall also be subject to all other applicable city ordinances.

Termination of nonconforming structures:

Damage to structures. The right to operate and maintain any nonconforming structure shall terminate and shall cease to exist whenever the nonconforming structure is damaged in any manner and from any cause whatsoever and the cost of repairing such damage exceeds seventy-five percent (75%) of the tax roll assessed value of such structure on the date of such damage.

Obsolescence of structure. The right to operate and maintain any nonconforming structure shall terminate and shall cease to exist whenever the nonconforming structure becomes obsolete or substandard under an applicable ordinance of the municipality and the cost of placing such structure in lawful compliance with the applicable ordinance exceeds seventy-five percent (75%) of the tax roll assessed value of such structure on the date that the proper official of the municipality determines that such structure is obsolete or substandard.

Determination of replacement cost. In determining the replacement cost of any nonconforming structure there shall not be included therein the cost of land or any factors other than the nonconforming structure itself.

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6.200 CREATION OF BUILDING SITE

No permit for the construction of a building or buildings upon any tract or plot shall be issued until a building site, building tract or building lot has been created by compliance with one of the following conditions:

The lot or tract is part of a plat of record, properly approved by the Planning and Zoning Commission, and filed in the plat records of Gillespie County, Texas.

The site plot or tract is all or part of a site plan officially approved by the Planning and Zoning Commission, which site plan provides all utility and drainage easements, alleys, streets and other public improvements necessary to meet the normal requirements for platting, including the designation of building areas and such easements, alleys, and streets have been required and properly dedicated and the necessary public improvements provided.

The plot, tract or lot faces upon a dedicated street and was separately owned prior to the effective date of this Ordinance or prior to annexation to the City of Fredericksburg, whichever is applicable, in which event a building permit for only one main building may be issued on each such original separately owned parcel without first complying with 6.200 A or B, preceding.

Nothing herein contained shall require any change in plans, construction or designated use of a building actually under construction at the time of the passage of this ordinance and which entire building shall be completed within one (1) year from the date of the passage of this ordinance.

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6.300 VIOLATION OF ZONING ORDINANCE

It shall be a violation of this Ordinance for any person, firm or corporation to neglect, refuse to comply with, or resist the enforcement of any provision of this Ordinance or any requirements pursuant thereto, or in any way use, change, or construct a building or structure in nonconformity with zoning approval. Each day that such violation exists shall constitute a separate offense.

Violation of this Ordinance shall be brought into compliance, abated, removed, or taken to Municipal Court for judgment. In all such cases that the court rules to allow a structure to remain in nonconformity with this Ordinance, there shall be a pro forma action by the Board of Adjustment permitting such use. Such action shall be consistent with the court’s ruling, and thereafter said use shall be considered as a legal nonconforming use and be subject to the provisions thereof.

6.310 Penalty

Any person violating any of the provisions of this Ordinance shall, upon conviction, be fined a sum not exceeding one thousand dollars ($1,000.00); and each and every day that the provisions of this ordinance are violated shall constitute a separate and distinct offense. In addition to the said penalty provided for, the right is hereby conferred and extended upon any property owner owning property in any district, where such property owner may be affected or invaded, by a violation of the terms of the ordinance, to bring suit in such court or courts having jurisdiction thereof and obtain such remedies as may be available at law and equity in the protection of the rights of such property owners.

6.400 ENFORCEMENT PROVISIONS

6.410 Duty

It shall be the duty of the Director of Planning and Building or his/her designee or other officials so designated by City Council to enforce this Ordinance.

6.420 Building Permits and Plans

No building or structure shall be erected, enlarged, or structurally altered until a building permit has been issued by the Director of Planning and Building.

6.430 Certificate of Occupancy

Certificate of Occupancy approving a structure or use of land shall be required for all of the following prior to occupancy:

1. Occupancy and use of a building hereafter erected or structurally altered;
2. Change in use of an existing building to a use of a different classification;
3. Occupancy and use of vacant land;
4. Change in the use of land to a use of a different zoning district; and
5. Change in the use of a nonconforming use.

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