§ 12. Nonconforming uses and structures.

12-100 Except as hereinafter provided, no nonconforming use of land or buildings, nor any nonconforming structure shall be enlarged, changed, altered, or repaired, except in conformity with the following regulations:

12-101 Types of nonconformity: Any use of land or buildings which does not conform to use regulations prescribed in this ordinance shall be deemed to be a nonconforming use.

Any building or structure which does not conform to the lot area, front yard, side yard, rear yard, coverage, height, floor-area ratio, parking, loading, building spacing, screening, access, or regulations prescribed in this ordinance shall be deemed to be a nonconforming structure.

12-102 Nonconforming status: A nonconforming status under the provisions of this ordinance shall exist:

(1)

When a use or structure, which does not conform to the regulations prescribed for the district in which such use or structure is located, was in existence and lawfully constructed, located, and operating on the effective date of this ordinance and has since been in regular and continuous use.

(2)

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 at the time of annexation to the City of Grapevine and has since been in regular and continuous use.

12-200 Nonconforming uses:

12-201 Registration of nonconforming uses: The operator, owner, or owners of all nonconforming uses of land or buildings shall, within 18 months of the effective date of this ordinance, register such nonconforming use by obtaining from the building inspector a certificate of occupancy (nonconforming). Such certificate of occupancy (nonconforming) shall be considered as evidence of the legal existence of a nonconforming use, as contrasted to an illegal use or violation of this ordinance. The building inspector shall maintain a register of all certificates of occupancy issued for nonconforming uses and shall, on written request and payment of a fee, issue a duplicate certificate to anyone having a proprietary interest in the property in question. A nonconforming structure need not be registered.

12-202 Termination of nonconforming uses:

(1)

It is the declared purpose of this ordinance that nonconforming uses be eventually discontinued and the use of premises required to conform to the regulations prescribed herein having due regard for the investment in such nonconforming uses.

(2)

A nonconforming use may be occupied, used, and maintained in good repair, but it shall not be remodeled or enlarged except as hereinafter provided.

(3)

The right to operate a nonconforming use shall cease and such use shall be terminated under any of the following circumstances:

(a)

Whenever a nonconforming use is abandoned, all nonconforming right shall cease, and the use of the premises shall henceforth be in conformance to this ordinance. Abandonment shall involve the intent of the user or owner to discontinue a nonconforming operation and the actual act of discontinuance. Any nonconforming use which is discontinued for, or which remains vacant for, a period of six months shall be considered to have been abandoned.

(b)

The violation of any of the provisions of this ordinance or violation of any ordinance of the City of Grapevine with respect to a nonconforming use shall terminate immediately the right to operate such nonconforming use.

(c)

Whenever a nonconforming use is changed to a conforming use by rezoning so as to achieve compliance with the provisions of a new or different zoning district.

(d)

Whenever a nonconforming use is changed to a conforming use under the provisions of this section.

(e)

Whenever the structure, in which a nonconforming use is housed, operated, or maintained, is destroyed or damaged by fire or other causes to the extent of more than 60 percent of the replacement cost of the structure, on the date of the damage, the right to operate such nonconforming use shall terminate.

(f)

The right to maintain or operate a nonconforming use may be terminated by the board of adjustment in accordance with the provisions of section 13 of this ordinance.

(g)

Whenever the time limitation established by a Special Permit has expired.

12-203 Changing nonconforming uses:

(1)

Any nonconforming use may be changed to a conforming use, and once such change is made, the use shall not thereafter be changed back to a nonconforming use.

(2)

The board of adjustment may grant a change of use from one nonconforming use to another nonconforming use provided such change is to a use permitted in a zoning district where the original nonconforming use would be permitted, or provided that such change is to a use permitted in a more restrictive classification. However, such change of use and occupancy shall not tend to prolong the life of a nonconforming use. Upon review of the facts in accordance with section 13, the board of adjustment may establish a specific period of time for the return of the occupancy to a conforming use.

(3)

The board of adjustment may approve the remodeling or enlargement of a nonconforming use when such an enlargement would not tend to prolong the life of the nonconforming use. Upon review of the facts, the board of adjustment may establish a specific period of time for the return of the occupancy to a nonconforming use.

12-204 Limitations on changing nonconforming uses:

No nonconforming use shall be changed to another nonconforming use, which requires more off-street parking spaces or off-street loading space than the original nonconforming use, unless additional off-street parking and loading space is provided so as to comply with the requirements of section 8.

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 on the effective date of this ordinance.

No nonconforming use may be expanded or increased beyond the lot or tract upon which such nonconforming use is located as of the effective date of this ordinance except to provide off-street loading or off-street parking space upon approval of the board of adjustment.

All nonconforming uses being expanded under the provisions of this ordinance shall comply with the other applicable provisions of this ordinance.

12-300 Nonconforming structures:

12-301 Termination of nonconforming structures:

(1)

In the event of damage or destruction of a nonconforming structure to the extent of 60 percent of the replacement cost of such structures on the date of such damage, such nonconforming structure may be rebuilt only after public hearing and favorable action by the board of adjustment as provided by section 13.

(2)

Whenever a nonconforming structure is determined to be obsolete, dilapidated, or substandard by the board of adjustment, the right to operate, occupy, or maintain such structure may be terminated by action of the board of adjustment as provided in section 13, and such structure shall be demolished.

12-302 Use of nonconforming structures: Any nonconforming structure may be enlarged, remodeled, occupied, used, and maintained in a state of good repair, but no nonconforming structure shall be enlarged or extended so as to increase the nonconformity with any of the provisions of this ordinance.

Where a conforming use is located in a structure which is nonconforming, the use may be changed to another conforming use by securing a certificate of occupancy and compliance from the building inspector.

Where a nonconforming use is located in a structure which is nonconforming, the use may be changed in accordance with the provisions of 12-200.

12-400 Special regulations for public and denominational schools: All public schools, denominational schools, having a curriculum equivalent to public elementary or secondary schools, and all accessory buildings and structures normally associated therewith, including stadiums and field houses, which are built and existing on the effective date of this ordinance, shall be considered as conforming to the provision of this ordinance. In the event such school buildings have been constructed with lesser front yards, or rear yards, or with greater coverage, or floor-area ratio than herein specified, such buildings may be altered, remodeled, enlarged, or increased in height, but no provisions herein shall be construed as to require greater yards, or lesser coverage, or floor-area ratio than provided by the existing construction and building permits shall be issued if in compliance with the provisions of the building code.