§ 35.11.8. Illegal Uses.


Latest version.
  • A.

    The violation of any of the provisions of one or more of the following categories or ordinances or requirements shall cause the immediate termination of the right to operate such nonconforming use:

    1.

    Constructing, maintaining or operating a use conducted in, or associated with, a building or structure erected without a Permit from the City;

    2.

    Operating a use or occupying a building or structure without a valid Certificate of Occupancy from the City;

    3.

    Operating a use in violation of a valid Certificate of Occupancy;

    4.

    Unlawful expansion of a nonconforming use or nonconforming structure;

    5.

    Unlawful outside display or storage in required parking spaces;

    6.

    Violation of any of the following provisions of the ordinances of the City;

    a.

    Chapter 30 "Flood Procedure & Prevention" of the Denton City Code;

    b.

    Chapter 26: Art. V, "Direct and Indirect Discharge Into the Sanitary Wastewater System" of the Denton City Code;

    c.

    Chapter 26: "Pollution Control" of the Denton City Code;

    d.

    Chapter 20: "Nuisances" Section 20-41 Abandoned Property & Vehicles. "Junked vehicles declared public nuisance; maintaining public nuisance prohibited" of the Denton City Code;

    e.

    Chapter 29: "Fire Code" of the Denton City Code; or

    f.

    Provisions of the Denton Development Code that relate to imminent destruction of property or injury to persons.

    B.

    It is the clear intent of this subsection that nonconforming uses that operate unlawfully shall be considered illegal uses. Illegal uses shall not be considered nonconforming regardless of remedial measures taken to resurrect nonconforming status.

    C.

    For purposes of this subsection, the term "violation" shall mean a final finding by a court of record that an ordinance has been violated.