Except as specified in this Article, any use, building, structure, or sign existing at the time of enactment of this UDO, or classification amendment applicable to its use, may be continued even though such use, building, structure, or sign may not conform with the provisions of this UDO for the district in which it is located; provided, however, that this Article shall not apply to any use, building, structure, or sign established in violation of this UDO or ordinance previously in effect in College Station.

(Ord. No. 2023-4453, Pt. 1(Exh. A), 8-10-2023)

A.

Continuance.

An existing use that is not in compliance with this UDO or subsequent amendments applicable to the use shall not be enlarged, extended, reconstructed, substituted, or structurally altered unless the use is brought into compliance with this UDO, except as follows:

1.

Expansion.

a.

For properties designated as Neighborhood Conservation on the Comprehensive Plan Future Land Use & Character Map: When authorized by the Zoning Board of Adjustment in accordance with the provisions of this Article, enlargement or completion of a building devoted to a nonconforming use may be made upon the lot occupied by such building, where such extension is necessary and incidental to the existing use of such building and does not exceed twenty-five (25) percent of the original area of nonconformity.

b.

For properties in all other areas: Buildings and structures devoted to nonconforming uses may be enlarged, extended, or structurally altered provided such enlargement, extension, or structural alteration is incidental to the existing use of existing buildings and does not exceed fifty (50) percent of the original area of nonconformity. Enlargements greater than fifty (50) percent of the original area of nonconformity shall require approval of the Zoning Board of Adjustment.

2.

Conditional Use.

A use existing on the effective date of this UDO, or subsequent amendment applicable to its use, which would only be permitted as a conditional use, shall be a lawful nonconforming use until altered pursuant to the Conditional Use Permits Section of Article 3, Development Review Procedures of this UDO. In the event of issuance of a conditional use permit, such use becomes a permitted and lawful use.

B.

Termination.

The City Council shall have the authority to initiate, on its motion, action to bring about the discontinuance of a nonconforming use under any plan whereby the full value of the structure can be amortized within a definite time period, taking into consideration the general character of the area and the necessity for all property to conform to the regulations of this UDO.

C.

Abandonment.

Whenever a nonconforming use has been discontinued and changed to a conforming use, or whenever a nonconforming use has been discontinued or abandoned for more than six (6) months, an intent to abandon said use shall have been established and the right to continue the former nonconforming use shall no longer exist. Subsequent operation as a nonconforming use shall be unlawful.

(Ord. No. 2023-4453, Pt. 1(Exh. A), 8-10-2023; Ord. No. 2024-4557, Pt. 1(Exh. E), 10-24-2024)

A.

Enlargement; Alteration.

1.

A structure (including parking lots, parking structures, and parking areas) that is nonconforming by physical design may be enlarged or structurally altered as long as such enlargement or alteration otherwise complies with the terms of this UDO with the following exceptions:

a.

Parking Requirements: The Administrator may make exceptions to the requirement of following the UDO for parking requirements for non-residential properties where there are physical limitations and a demonstrated inability to meet all standards of this UDO but may not waive more than fifty (50) percent of the required number of parking spaces.

b.

Landscaping Requirements: The Administrator may make exceptions to the requirement of following the UDO for landscaping requirements for non-residential properties where there are physical limitations and a demonstrated inability to meet all standards of this UDO but may not waive more than fifty (50) percent of required landscaping points.

c.

Buffer Requirements: The Administrator may reduce required buffer yard widths and plantings where there are existing structures being retained in the required buffer area or where there are other physical limitations and a demonstrated inability to meet all standards of this UDO so long as such reductions do not increase the existing degree of nonconformity.

2.

In NG-1 Core Northgate, NG-2 Transitional Northgate, and NG-3 Residential Northgate, the whole building plot must come into compliance with the requirements of this UDO when more than fifty (50) percent of a building(s) on the site is enlarged or altered.

B.

Termination.

The City Council shall have the authority to initiate on its motion or cause to be presented by interested property owner, action to bring about the discontinuance of a nonconforming structure under any plan whereby the full value of the structure can be amortized within a definite time period, taking into consideration the general character of the neighborhood and the necessity for all property to conform to the regulations of this UDO.

C.

Abandonment.

Whenever a nonconforming structure has been discontinued or abandoned for more than three (3) months, a presumption of intent to abandon said structure shall have been established and the right to continue the former nonconforming structure shall be unlawful.

(Ord. No. 2023-4453, Pt. 1(Exh. A), 8-10-2023)

A.

Authority to Utilize for Single-Family Residence.

In any district in which single-family dwelling units are a permitted use, notwithstanding the regulations imposed by any other provisions of this Section, a single-family detached dwelling unit that complies with the restrictions below may be erected on a nonconforming lot that is not less than thirty (30) feet in width, consisting entirely of one (1) tract of land of not less than three thousand (3,000) square feet, and that:

1.

Has less than the prescribed minimum lot area, width, and/or depth;

2.

Is shown by a recorded plat or deed to have been a lot of record owned separately and individually from adjoining tracts of land at a time when the creation of a lot of such size, depth, and width at such location would not have been prohibited by any zoning or other ordinance; and

3.

Has remained in separate and individual ownership from adjoining tracts of land continuously during the entire time that the creation of such lot has been prohibited by the applicable zoning ordinance or other ordinances.

B.

Regulations for Single-Family Use of Nonconforming Lots.

A nonconforming lot authorized to be used pursuant to this Section may be used for a single-family dwelling unit and no other structure except for a garage or carport. Construction of such single-family dwelling unit shall comply with all the regulations (except lot area, width, and depth) applicable to single-family dwelling units in the zoning district in which the lot in question is located, except that the following side yard requirements shall apply in place of the side yard requirements otherwise applicable:

1.

The dwelling unit shall be placed on the lot to provide a yard on each side of the dwelling unit.

2.

The sum of the widths of the two (2) side yards on such lot shall be not less than the smaller of:

a.

Twenty-five (25) percent of the width of the lot; or

b.

The minimum total for both side yards prescribed by the dimensional standards for said zoning district.

3.

No side yard shall be less than three (3) feet wide.

C.

Regulations for Certain Nonconforming Lots Zoned R Rural.

1.

A single-family dwelling unit and accessory structure(s) in areas zoned R Rural, may be erected or structurally altered on a nonconforming lot of record, that is not less than five thousand (5,000) square feet in area and not more than one (1) acre in area, so long as the structure or the addition to the structure complies with the setbacks established by the GS General Suburban zoning district.

2.

A single-family dwelling unit or accessory structure located on property within the area annexed by Ordinance No. 2011-3331, may be erected or structurally altered on a nonconforming lot of record provided the proposed construction complies with the setback requirements established by the GS General Suburban zoning district.

D.

Other Uses of Nonconforming Lots: Site Plan Required.

In any district in which single-family dwelling units are not permitted, a nonconforming lot of record which meets the requirements above may be used for any use permitted in the district in which it is located if, but only if, a site plan for such use has been approved in accordance with the provisions of the Site Plans Section of Article 3, Development Review Procedures of this UDO.

E.

Lots Made Nonconforming by Right-of-Way Acquisition.

Any lot made nonconforming solely by means of dedication, condemnation, sale, or other conveyance for public right-of-way shall be allowed to pursue any allowed use as if such area were a part of the remaining lot, except that all applicable setbacks shall be adhered to.

F.

Lots Made Nonconforming by Annexation.

Existing lots and platted or partially platted building plots made nonconforming by the zoning applied at the time of annexation shall be allowed to replat, provided that the resulting replat brings the property closer to compliance with current zoning district standards.

(Ord. No. 2023-4453, Pt. 1(Exh. A), 8-10-2023)

Unplatted properties made nonconforming by the zoning applied at the time of annexation shall be allowed to plat, provided that the resulting lot contains the entire tract.

(Ord. No. 2023-4453, Pt. 1(Exh. A), 8-10-2023)

A.

Continuation Allowed.

A lawfully nonconforming sign may continue in use except as otherwise provided in or authorized by this Section. A change in the information on the face of an existing nonconforming sign is allowed if the change does not increase the area of the sign face and involves no structural alteration.

B.

Alteration; Expansion; Moving.

No nonconforming sign, by the voluntary act of the owner, shall be:

1.

Changed or altered in any manner which would increase the degree of its nonconformity;

2.

Expanded (sign face); or

3.

Moved in whole or in part to any other location where it would remain nonconforming.

C.

Signs Required to be Moved by the City.

Any nonconforming sign required to be moved or removed by the City shall be removed or relocated in accordance with the provisions of the Texas Local Government Code, as amended.

D.

Regulations for Certain Nonconforming Properties Zoned R Rural.

Attached signs may either be erected or structurally altered on a nonconforming non-residential structure located on property within the area annexed by Ordinance No. 2011-3331, provided the proposed sign or alteration complies with the Signs Section of Article 7, General Development Standards of this UDO.

(Ord. No. 2023-4453, Pt. 1(Exh. A), 8-10-2023)