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Navasota City Zoning Code

ARTICLE XX

NON-CONFORMING USES AND REGULATIONS

§ 20.1 NON-CONFORMING USES.

A. 
Any use, building, structure, or premise[s] existing at the time of enactment of this Ordinance or subsequent changes in the zoning ordinance or map, may be continued, so long as such building, structure, or premise[s] is not enlarged, extended, reconstructed, substituted, or structurally altered, except as required by law. Such prohibition shall not apply to non-conforming uses being converted to a use permitted in the District in which it is located.
B. 
Whenever a non-conforming use has been changed to a conforming use, such use shall not thereafter be changed to a non-conforming use.
C. 
When authorized by the Board of Adjustment in accordance with the provisions herein, enlargement or completion of a building devoted to a non-conforming 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. The enlargement or modification may not exceed twenty-five percent (25%) of the original area of non-conformity.
D. 
When authorized by the Board of Adjustment in accordance with the provisions herein, a non-conforming use may be extended throughout those parts of a building which were manifestly designed or arranged prior to the date on which such use of said building became non-conforming. No structural alterations to these building segments, except those required by law, are permitted.
(Ordinance 626-10 adopted 9/27/10)

§ 20.2 USE CESSATION OF BUILDING OR LAND.

A. 
For the purpose of this section 20.2, a use shall be deemed to have ceased when it has been discontinued for six (6) or more months, whether with the intent to abandon said use or not.
B. 
No building or structure that has been designated as non-conforming shall again be put to a non-conforming use where such use has ceased for six (6) or more months.
C. 
Land used for agricultural purposes may continue those uses to the fence line, but must conform to the maintenance standards from the fence line to the curb or edge of pavement as stated in Section 6.03.002 of the Navasota Code of Ordinances.
(Ordinance 626-10 adopted 9/27/10)

§ 20.3 CONSTRUCTION APPROVED PRIOR TO ENACTMENT DATE OF ORDINANCE.

Nothing herein shall be construed to require any change in the overall plans, construction, or designated use of any development, structure, or part thereof, where official approval and required building permits were granted before the enactment of this Ordinance.
(Ordinance 626-10 adopted 9/27/10)

§ 20.4 REPAIR OF UNSAFE BUILDINGS.

Nothing in this Ordinance shall be construed to prohibit the strengthening or repair of any part of any building or structure declared unsafe by the Building Official.
(Ordinance 626-10 adopted 9/27/10)

§ 20.5 DAMAGE OR DESTRUCTION.

Any non-conforming structure which sustains damage by fire, flood, explosion, wind, earthquake, war, riot, or other calamity or Act of God, may be restored to its original condition as a non-conforming use; provided that such restoration is begun within ninety (90) days and completed within eighteen (18) months of sustaining said damage.
(Ordinance 626-10 adopted 9/27/10)