§ 11.102. EXEMPTIONS

A.

Exemptions.

1.

Eminent Domain; Governmental Acquisition. Any nonconformity created or caused by a conveyance of privately owned land to a federal, state, local government, or other entity with eminent domain authority to serve a public purpose is deemed to be conforming for the purposes of these regulations and is not subject to the limitations of this Article. This Section applies only where private land is obtained by a governmental or other condemning entity for a public purpose through purchase, condemnation, threat of condemnation, or otherwise and that creates nonconformity in terms of setback, lot size, or other standards of these regulations. This exemption does not apply to rights-of-way dedication or other public conveyances of land required by the City in the course of subdivision or other development approvals pursuant to these regulations.

2.

Non-Conforming buildings, signs and structures developed on lots with frontage on Seawall Boulevard, and within the HDDZ, are exempt from this Article.

3.

The property described as ABST 628, M Menard Sur NE & SE BLKS 141 & ADJ AC TR (141-3000-0) Galveston Outlots commonly known as the Galveston Island Historic Pleasure Pier is exempt from this Article and shall be a special exception within the Commercial Zone and shall be a legal nonconforming use.

4.

"Place of Public Assembly" in a Residential, Single Family (R-1) zoning district:

a.

A church/place of worship land use, lot or structure that was legally used, erected, or maintained as a church/place of worship in compliance with the 1991 Zoning Standards on or before March 5, 2015.

b.

Any newly acquired property by a church/place of worship complies with Section A.4(a) herein.

Note: A church/place of worship in a Residential, Single Family (R-1) Zoning District that legally existed under the 1991 Zoning Standards is considered a conforming land use under the 2015 Galveston Land Development Regulations. (ORD. 16-045)

B.

Maintenance. This Article does not exempt property owners from ongoing maintenance requirements including the maintenance of existing elements of a use, buildings, structures, landscaping, signs, parking or loading areas, lighting, fences, drainage structures, and systems.

C.

Effect of Article.

1.

Effect on Existing Development Approvals. Nothing in these regulations shall be interpreted to require a change in any plans, construction, or designated use of any building for which a building permit was lawfully obtained from the City prior to the effective date of these regulations, October 30, 2014, or amendment.

2.

Effect on Existing Unlawful Uses, Buildings, Lots, or Structures. Any use, building, lot, or structure that was used, erected, or maintained in violation of any previous ordinance of the City shall not be classified as nonconforming and shall be required to comply with all applicable provisions of these regulations.

( Ord. No. 18-037, § 2, 6-21-18 )