§ XII. Nonconforming uses.

1.

The lawful use of a building existing at the time of the adoption of this ordinance may be continued even though such use does not conform with the provisions herein. If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of the same or more restricted classification. The foregoing provisions shall also apply to nonconforming uses in districts as may be hereafter changed. Whenever a nonconforming use of a building has been changed to a more restricted use or to a conforming use, such use shall not thereafter be changed to a less restricted use.

2.

No building which has been damaged by fire, explosion, act of God, or the public enemy, to the extent of more than fifty (50) percent of its value shall be restored except in conformity with the regulations of this ordinance.

3.

In the event that the nonconforming use of any building or premises is discontinued or its normal operation stopped for a period of one (1) year, the use of the same shall thereafter conform to the regulations of the district in which it is located.

4.

A nonconforming use occupying only a portion of a building may be extended throughout the building if the same has been lawfully acquired and actually devoted to such use previous to the adoption of this ordinance or to any affecting amendment thereof.

5.

The city council of the City of Carrizo Springs may, by special permit, after public hearing and subject to such protective restrictions that are deemed necessary, authorize the location, extension or structural alteration of any of the following buildings or uses, or an increase in their height, in any district from which they are prohibited or limited by this ordinance:

(a)

Any public building erected and used by any department of a municipal, county, state or federal government.

(b)

Hospitals, clinics and institutions except institutions for criminals or those for persons who are mentally ill or have contagious diseases; provided, however, that such buildings may occupy not over fifty (50) percent of the total area of the lot or tract and will not have any serious and depreciating effect upon the value of the surrounding property; and provided, further, that the buildings shall be set back from all yard lines heretofore established an additional distance of not less than one (1) foot for every foot of building height, and that adequate off-street parking space will be provided.

(c)

Cemetery or mausoleum.

(d)

Landing field, or landing strip for aircraft.

(e)

Greenhouses, provided that any such structures shall not be less than one hundred (100) feet from all property lines.

(f)

Nurseries.

(g)

Roadside stands, commercial amusement or recreational developments for temporary or seasonal periods.

(h)

Removal of gravel, topsoil, or similar materials.

(i)

Riding stables.

(j)

Parking lots on land not more than three hundred (300) feet from the boundary of any commercial or industrial district, under such conditions as will protect the character of surrounding property.

(k)

Areas for the dumping or disposal of trash.

(l)

Radio towers and radio broadcasting stations.

(m)

Junkyards and automobile salvage yards.

(n)

Two-family and multiple-family dwellings, provided they conform to the requirements provided in Table A.

(o)

Any use that is not a nuisance per se and which is generally similar to the uses permitted in the district in which such use is located by special permit.

6.

The city council of the City of Carrizo Springs may, by special permit, after public hearings and subject to such protective restrictions that are deemed necessary, authorize the following buildings or uses within the "I" Industrial District:

a.

Drilling;

b.

The operation of drilling equipment;

c.

The operation or location of a gas well or oil well; or

d.

Similar extraction activities.

Effect of approval or denial. Special use permits for drilling shall expire one (1) year after the date of city council approval unless a well permit has been issued and drilling activity has commenced. One (1) extension of not more than one (1) year from the date of expiration may be granted by the city manager upon receipt of a written request showing good cause for the extension. When "drilling activity has commenced" or when "good cause" exists will be determined in the sole discretion of the city manager or his designee.

(Ord. No. 707, § III, 12-13-2011)