(a) 
Administration and enforcement.
(1) 
The city manager of the city is designated as the zoning administrator by the city council to administer the provisions of this article.
(2) 
If the zoning administrator shall find, or if any persons files with him a complaint in writing alleging that any of the provisions of this chapter are being violated, he shall immediately investigate and when necessary give written notice to the person responsible to cease such violations.
(b) 
Penalty for violation.
Any person who violates or fails to comply with the requirements of this chapter or who builds or alters any building in violation of any plan or statement submitted and approved hereunder, shall be guilty of a misdemeanor and shall be liable to a fine of not more than one thousand dollars ($1,000.00). Each day such violation shall be permitted to exist shall constitute a separate offense. The owner of any building or premises or part thereof, where anything in violation of this chapter shall be placed or shall exist, shall be guilty of a separate offense and upon conviction thereof shall be fined as herein provided. Nothing herein contained shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation.
(c) 
Building permits required.
No residential or commercial structure shall be erected, moved, or added to, without a permit therefor, issued by the city secretary. A building permit shall not be issued except in conformity with the provisions of this article, unless otherwise authorized in a written order from the commission in the form of an administrative review of variances as provided by this article.
(d) 
Application for building permit and certificate of zoning compliance and occupancy.
(1) 
All applications for building permits shall be accompanied by site plans in triplicate drawn to scale, showing the actual dimensions and shape of the lot to be built upon; the dimensions of any building, already existing on the lot, and the location and dimensions of the proposed building, structure, or alteration. The application will serve as a basis for issuing both the building permit and the certification of zoning compliance and occupancy. It shall include such information as lawfully may be required by the zoning administrator, including existing or proposed uses of the building and land; the number of families, housekeeping units, or rental units the building is designed to accommodate; conditions existing on the lots and on abutting and adjacent properties; parking where required and such other matters as may be necessary to determine conformance with, and provide for the enforcement of this article.
(2) 
One (1) copy of the plans shall be returned to the applicant by the zoning administrator, after he and the building inspector have marked such copy either as approved or disapproved and attested to same by their signatures on such copy. Two (2) copies of the plans, similarly marked, shall be retained by the zoning administrator.
(e) 
Certificates of zoning compliance and occupancy for new, altered, or nonconforming uses.
(1) 
It shall be unlawful to use, occupy, or permit the use or occupancy of any building or premises or both, or part thereof, hereafter created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure nor will permanent utility connections to serve the premises be made until a certificate of zoning compliance shall have been issued therefor by the zoning administrator stating that the proposed use of the land any structure existing or proposed thereon, conforms to the requirements of this article.
(2) 
A temporary certificate of zoning compliance may be issued by the zoning administrator for a period not exceeding six (6) months during alterations or partial occupancy of a building pending its completion, provided that such temporary certificate include such conditions and safeguards as will protect the safety of the occupants and the public. The zoning administrator shall maintain a record of all certificates of zoning compliance and such record shall be open to public inspection. Failure to obtain a certificate of zoning compliance shall be a violation of this article, and punishable under subsection (b) above.
(f) 
Building permits become invalid.
If the work described in any building permit has not begun within six (6) months from the date of issuance thereof, said permit shall be cancelled by the building official and written notice thereof shall be given to the persons affected.
(g) 
Construction and use to be as provided in applications, plans, permits, and certificates of zoning compliance.
Building permits issued on the basis of plans and applications approved by the zoning administrator authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Any use or arrangement at variance with that authorized when a building permit is obtained and application is made for certificate of zoning compliance shall be deemed a violation of this article.
(Ordinance 05-2014 adopted 9/11/14)
(a) 
Purpose.
The purpose of the regulations described by this section is to allow the compatible and orderly development within the city of uses which may be suitable only in certain locations in a zoning district if developed in a specific way or only for a limited period of time. A conditional use permit is required for all conditional uses. A conditional use permit may have a specified time limitation attached and may lawfully impose conditions other than those which are specifically set forth in this article. A conditional use permit shall be issued by the zoning administrator pending approval of such permit as provided for hereafter.
(b) 
Approval responsibility.
The commission shall have the initial responsibility for reviewing and approving all permits required for the conditional uses found in division 2, part II of this article. The following procedures shall be complied with prior to the approval or denial of any use permit:
(1) 
Within five (5) days after receiving an application for a conditional use permit, notification of such request shall be made by mail to all owners of real property living within two hundred feet (200') of the property on which application has been made. The names and addresses of the affected parties shall be supplied by the applicant.
(2) 
The commission may, if no adverse response to the above mentioned notification is received within ten (10) days, set the appropriate conditions for the permit and approve issuance of same upon agreement by applicant. If there is a negative response to the notification in writing, the zoning administrator shall notify all affected parties and make the necessary preparations for a public hearing before the commission on the questions as set forth.
(3) 
When application has been denied by the commission, applicant may appeal for a hearing before the city council.
(4) 
Application concerning additional use permits for those uses which are conditional in all districts shall be automatically referred to the commission for a public hearing on same. The zoning administrator shall investigate conditions, arrange hearing notification, and obtain any expert advice needed to achieve agreement between the applicant and the city.
(5) 
The planning commission may deny any application for a conditional use permit, after a public hearing, if the proposed use fails to meet one (1) of the criteria set forth in subsection (e). In granting a use permit, the commission, on the basis of recommendations from the zoning administrator, may impose requirements and conditions with respect to locations, construction, maintenance, and operation, in addition to those expressly stipulated in the chapter for the particular use, as they deem necessary for the protection of adjacent properties and the public interest.
(c) 
Application filing procedure and fee.
(1) 
Application shall be made by the property owner or certified agent thereof to the zoning administrator on a form prescribed for this purpose by the city. Said application shall be accompanied by drawings as set forth in subsection (d)(3). Granting a use permit does not exempt the applicant from complying with requirements of the building code or other ordinances.
(2) 
The fee for a use permit shall be sufficient to cover cost of notification, publication, and other related costs to the city, and shall not be less than twenty-five dollars ($25.00), no part of which shall be refundable.
(d) 
Site plans required.
(1) 
Purpose.
The purpose of the site plan is to ensure compliance with the zoning regulations and to assist in the orderly and harmonious development of the city, to protect and enhance the general welfare, and to help prevent the impairment or depreciation of land values and development by the erection of structures, additions, or alterations thereto without proper attention to site planning.
(2) 
Recording.
The applicant shall file with the zoning administrator three (3) copies of his site plan. The duplicate copies shall be used during the investigation of the case and for review of the commission in the event a hearing is required.
(3) 
Contents.
The site plan shall contain drawings to scale to indicate the location of all structures on the subject property and on adjoining property; landscaping and/or fencing of yards and setback areas and uses of landscaping and/or walls or fences for screening purposes; design of ingress and egress to minimize interference with traffic flow on abutting streets; off-street parking and load facilities; height of all structures; proposed uses; and the location and type of all signs including lighting and heights.
(e) 
Prerequisites of approval by commission.
(1) 
No structure or property in any district shall be used for a use listed as a conditional use in division 2, part II of this article without first having obtained a use permit for such use from the planning commission.
(2) 
The planning commission, after receipt of report and recommendations of the zoning administrator, may permit a conditional use subject to appropriate conditions and safeguards, when, after public notice and a hearing, the commission finds:
(A) 
That the proposed use meets all the minimum standards established in this article for this type of use.
(B) 
That the proposed use is in harmony with the purpose and intent of this article and of the zoning plan for the physical development of the district.
(C) 
That the proposed use will not be detrimental to the health, welfare, and safety of the surrounding neighborhoods or its occupants, nor be substantially or permanently injurious to neighboring property.
(D) 
The commission may impose additional reasonable restrictions or conditions to carry out the spirit and intent of this article and to mitigate adverse effects of the proposed use. These requirements may include, but are not limited to, increased open space, loading and parking requirements, suitable landscaping, and additional improvements such as curbing and sidewalks.
(f) 
Appeals from decisions of the commission.
Any person or persons, jointly or severally, aggrieved by a decision of the commission may present the city council a petition, duly verified, setting forth that such decision is unjust, in whole or in part, specifying the grounds of injustice. Such petition shall be presented to the council within ten (10) days after the final decision of the commission and not thereafter for notification and calling of a public hearing to hear and act on the appeal.
(g) 
Development.
Following the issuance of a use permit, the building official shall ensure that if the development is undertaken, it is completed in compliance with said permit. However, if a use permit has not been used within six (6) months after the date granted, the permit is automatically cancelled.
(Ordinance 05-2014 adopted 9/11/14)
(a) 
Questions of interpretation and enforcement.
It is the intent of this article that all questions of interpretation and enforcement shall be first presented to the zoning administrator and that such questions shall be presented to the commission only on appeal from the decision of the zoning administrator, and that recourse from the decision of the commission on matters of interpretation and enforcement shall be to the courts as provided by law.
(b) 
City council not to hear appeals on questions of interpretation and enforcement.
It is further the intent of this article that the duties of the city council in connection with this article shall not include hearing and deciding questions of interpretation and enforcement that may arise. The procedure for deciding such questions shall be as stated in subsection (a) above.
(c) 
Duties of city council.
Under this article, the city council shall have only the following duties:
(1) 
Considering and adopting or rejecting proposed amendments or the repeal of this chapter, as provided by law;
(2) 
Establishing a schedule of fees and charges as stated in section 14.02.004 below;
(3) 
Appointing members of a planning and zoning commission and designating a zoning administrator; and
(4) 
Hearing appeals on use permits.
(Ordinance 05-2014 adopted 9/11/14)
The city council shall establish by resolution a schedule of fees, charges, and expenses and a collection procedure for building permits, certificates of zoning compliance appeals and other such matters pertaining to this chapter. The schedule of fees shall be posted in the office of the zoning administrator and may be altered or amended only by the city council. Until all applicable fees, charges, and expenses have been paid in full, no action shall be taken on any application or appeal.
(Ordinance 05-2014 adopted 9/11/14)
(a) 
Procedure for amendments.
The regulations, restrictions, and boundaries set forth in this article may from time to time be amended, supplemented, changed, modified, or repealed upon initiation by the commission, the city council, or by a petition of a property owner or owners or their authorized agents; provided, however, that no such action may be taken until the question has been referred to the commission for consideration and public hearing on the question and their recommendations received and until a public hearing has been held in relation thereto, before the city council at which parties in interest and citizens shall have an opportunity to be heard.
(b) 
Notice to be published.
At least fifteen (15) days prior to the hearings, notice of the time and place of such hearings and description of proposed change shall be published in a newspaper of general circulation in the city.
(c) 
Written notice.
When a proposed amendment or change affects the zoning classification of property, written notice of each public hearing described in subsection (a) shall be sent to each owner as indicated by the most recent approved municipal tax rolls, of real property within two hundred feet (200') of the property on which the change in classification is proposed at least fifteen (15) days before the date of such hearing. The notice may be served by its deposit in the municipality, properly addressed with postage paid, in the United States Mail.
(d) 
Protests to amendments.
In case a protest against such amendment or change is signed by the owners of at least twenty percent (20%) of either:
(1) 
The area of the lots or land covered by the proposed amendment or change; or
(2) 
The area of the lots or land immediately adjoining the area covered by the proposed amendment or change and extending two hundred feet (200') from that area.
(e) 
Streets and alleys included in computing land area.
In computing the percentage of land area under subsection (d), the area of streets and alleys shall be included.
(f) 
Vote required for protested amendments.
If a proposed amendment or change to a regulation or boundary is protested in accordance with this subsection, the proposed amendment or change must receive, in order to take effect, the affirmative vote of at least three-fourths (3/4) of all members of the city council.
(g) 
Vote required to overrule planning and zoning commission recommendation.
The affirmative vote of at least three-fourths (3/4) of all members of the city council is required to overrule a recommendation of the city planning and zoning commission that a proposed amendment or change to a regulation or boundary be denied.
(Ordinance 05-2014 adopted 9/11/14)
In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements, adopted for the promotion of public health, safety, or general welfare. Wherever the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules, regulations, ordinances, deed restrictions, or covenants, the requirement that is most restrictive or that imposes the higher standards, as determined by the commission, shall govern.
(Ordinance 05-2014 adopted 9/11/14)
For the purpose of this article, certain terms and words are hereafter defined[;] words used in the present tense shall include the future; the singular number shall include the plural and the plural the singular; and the word “shall” is mandatory and the word “may” implies an option.
Accessory use, accessory structure or building.
An accessory use or structure, customarily a part thereof, which is clearly incidental and secondary to the permitted use and which does not change the character thereof, including, but not limited to garages, garage apartments, bathhouses, greenhouses, [or] tool sheds.
Alley.
A public or private way not more than twenty-five feet (25) wide affording only secondary means of access to abutting property.
Antique shop.
A business which sells items whose value is greater than original purchase price because of age or intrinsic values.
Apartment.
A room or group of rooms used as a dwelling for one (1) family unit which does its cooking therein.
Apartment building.
A building or portion thereof used or intended to be used as the home of four (4) or more families or households living independently of each other and equipped for the preparation of food.
Apartment dwelling group.
Two (2) or more apartment buildings as an integral unit and occupying a lot or parcel of land in one (1) ownership connected by common water and sanitary sewer systems.
Art studio or gallery.
Where objects of art are created or displayed for the public enrichment or where said objects of art are displayed for purposes of sale (including the teaching of both painting and sculpturing).
Automotive repair shop.
Any premises and structures when used primarily for the servicing and/or repair of motor vehicles, including paint and bodywork, engine rebuilding and minor maintenance activities.
Bed and breakfast home.
A property that is designed for and occupied as a one-family residence dwelling providing overnight accommodations to transient guests. The structure serves as the primary residence or homestead of its owner-operator with the bed and breakfast home considered to be an accessory use and not the primary use of the property. The person who owns the property must also be the operator of the establishment.
Bed and breakfast inn.
A property providing overnight accommodations to guests operated by an owner and/or operator, with premises being a commercial enterprise. This term excludes any bed and breakfast home.
Boardinghouse.
A building, built and/or used for residential purposes, where meals for five (5) or more persons are served for compensation.
Buildable area.
The maximum amount of allowable space upon which a structure or building may be erected. (Building area of the lot is the gross area covered by the structures when placed on the lot.)
Building.
Any structure built for the support, shelter, or enclosure of persons, animals, chattels, or moveable property of any kind and which is affixed to the land.
Building principal.
Is one in which a main use of the lot on which it is located is conducted.
Cafe, restaurant.
A commercial eating establishment, where snacks or meals are vended for consumption on the premises.
Carport.
A structure covered with a roof and constructed specifically for the storage of one (1) or more automobiles.
City.
The City of Weimar, Texas.
Clinic.
An institution, public or private, or a station for the examination and treatment of outpatients by a group of doctors, dentists, opticians, ophthalmologists, orthopedists, or other similar professional physicians.
Cold storage plant.
A commercial establishment where foods are stored either in lockers, rented or leased, or in vaults in bulk for distribution to the home or other commercial businesses. There is no slaughtering of animals on the premises.
Commercial structure.
A building or portion devoted to commerce, business trade, or having to do with stores, office buildings, etc.
Commission.
The City of Weimar planning and zoning commission.
Conditional use.
A use which may be permitted in a district subject to meeting certain conditions or procedures set forth in this article.
Convalescent home.
Any structure used or occupied by three (3) or more persons recovering from illness or receiving geriatric care for compensation.
Corner lot.
A lot abutting upon two (2) or more streets at their intersection.
Day care center and day nursery.
A place for the care of children between the hours of 7:00 a.m. and 12:00 midnight.
Drive-in eating establishment.
Any structure and premises specifically designed for the preparation and dispensing of food and meals for consumption either indoors or in a vehicle parked on the premises or taken away for consumption in the home or other places.
Dwelling.
Any building or portion thereof which is designed or used exclusively for residential purposes.
Dwellings multiple or multifamily.
A building or portion thereof designed for or used by two (2) or more families or housekeeping units.
Family.
One (1) or more nontransient person(s) living as a single housekeeping unit who are related by blood, legal adoption, marriage, or conservatorship, and up to one other person who is not related to any of the family members by blood, legal adoption, marriage, or conservatorship.
Filling, retail service station.
An establishment where gasoline, oil and grease, or automobile accessories are sold, supplied, or dispensed to the motor vehicle trade or where motor vehicles receive limited repair, are equipped for service, or a place where any two (2) or more such activities are carried on or conducted as the principal use of the establishment.
Garage, commercial.
Any premises and structure used for housing and storing more than three (3) motor-driven vehicles [that] are kept for remuneration, hire, or sale and where a retail service station may be maintained as a secondary use.
Garage, private detached.
A garage wholly separated and independent of the principal building on a lot, or connected to the principal building by an enclosed or latticed passageway, pagoda, arbor, or covered walk.
Home occupation.
A commercial use customarily carried on in the home by members of the occupant family without structural alterations in the principal building or any of its rooms, without the installations of machinery or additional equipment other than that customary to normal household operations, without the employment of additional persons, without the use of a sign to advertise the occupations, and which does not cause the generation of other than normal noise, and pedestrian and vehicular traffic.
Hospital, sanitarium nursing, or convalescent home.
A building or any portion thereof, used or designed for the housing or treatment of the sick, mentally ill, injured, convalescent or infirm persons; provided that this definition shall not include rooms in any residential dwelling, hotel, apartment hotel not ordinarily intended to be occupied by said persons.
HUD-code manufactured home.
(1) 
A structure:
(A) 
Constructed on or after June 15, 1976, according to the rules of the United States Department of Housing and Urban Development;
(B) 
Built on a permanent chassis;
(C) 
Designed for use as a dwelling with or without a permanent foundation when the structure is connected to the required utilities;
(D) 
Transportable in one or more sections; and
(E) 
In the traveling mode, at least eight body feet in width or at least 40 body feet in length or, when erected on site, at least 320 square feet;
(2) 
Includes the plumbing, heating, air-conditioning, and electrical systems of the home; and
(3) 
Does not include a recreational vehicle as defined by 24 C.F.R. section 3282.8(g).
Industrialized building.
A commercial structure as defined, under the jurisdiction and control of the Texas Department of Licensing and Regulation that meets the applicable international or national codes as may be approved by the State of Texas for such industrialized buildings, that is constructed in one (1) or more modules or constructed using one (1) or more modular components built at a location other than the permanent commercial site, and that is designed to be used as a commercial building when the modules or modular components are transported to the permanent commercial site and are erected or installed on a permanent foundation system. This term does not include any commercial structure that is in excess of three (3) stories or forty-nine (49) feet in height as measured from the finished grade elevation at the building entrance to the peak of the roof.
Industrialized housing.
A residential structure as defined, under the jurisdiction and control of the Texas Department of Licensing and Regulation that meets the applicable international or national codes as may be approved by the State of Texas for such industrialized buildings, that is designed for the use and occupancy of one (1) or more families, that is constructed in one (1) or more modules or constructed using one (1) or more modular components built at a location other than the permanent residential site, and that is designed to be used as a permanent residential structure when the modules or modular components are transported to the permanent residential site and are erected or installed on a permanent foundation system. This term does not include any residential structure that is in excess of three (3) stories or forty-nine (49) feet in height as measured from the finished grade elevation at the building entrance to the peak of the roof. This term does not mean nor apply to:
(1) 
Housing constructed of sectional or panelized systems not utilizing modular components; or
(2) 
Any ready-built home which is constructed so that the entire living area is contained in a single unit or section at a temporary location for the purpose of selling it and moving it to another location
Kindergarten.
A school for more than five (5) children of preschool age in which constructive endeavors, object lessons, or educational games are prominent features of the curriculum.
Legislative body.
The City of Weimar city council.
Manufactured home.
A HUD-code manufactured home.
Mixed use.
Structure containing residential and nonresidential uses with the purpose to promote affordable housing and mixed income opportunities to promote increased investment into existing buildings.
Mobile home.
(1) 
A structure:
(A) 
Constructed before June 15, 1976;
(B) 
Built on a permanent chassis;
(C) 
Designed for use as a dwelling with or without a permanent foundation when the structure is connected to the required utilities;
(D) 
Transportable in one or more sections; and
(E) 
In the traveling mode, at least eight body feet in width or at least 40 body feet in length or, when erected on site, at least 320 square feet; and
(2) 
Includes the plumbing, heating, air-conditioning, and electrical systems of the home.
Modular home.
A single-family dwelling structure as defined, under the jurisdiction and control of the Texas Department of Licensing and Regulation that meets the applicable international or national codes as may be approved by the State of Texas for such modular homes. Modular homes require that plans are sealed by a registered architect or engineer and submitted to the Texas Department of Licensing and Regulation for review and approval that the construction meets the applicable international or national codes as may be adopted by the State of Texas prior to submission to the City of Weimar.
Motel.
A building or group of two (2) or more detached, semi-detached, or attached buildings containing guest rooms or apartments with automobiles storage spaces provided in connection therewith, which building or group is designed, intended, or used primarily for the accommodation of automobile travelers, including groups designated as auto cabins, motor courts, motels, and similar designations.
Officer.
Referred to in this article by title means the person employed or appointed by the city of that position, or his duly authorized representative.
Pasturage.
Land, fallow, and used primarily for the grazing of animal stock.
Permitted use.
A use specifically allowed in one (1) or more of the various districts without the necessity of obtaining a use permit.
Personal service shop.
An establishment for the purpose of supplying limited personal services such as, but not limited to, barber, shoe, boot, saddle, shine shop.
Planning consultant.
A private practitioner in planning as planning is defined in the constitution of the American Institute of Planners.
Residential structure.
A building or portion thereof devoted to living quarters of a permanent nature or suitable for long term residency.
Retail food store.
A retail establishment selling meats, fruits, vegetables, bakery products, light hardware, and other similar items which are purchased for use and consumption off the premises (may be drive-in or supermarket type).
Rooming and boardinghouse.
Where both rooms and meals are provided for compensation for more than four (4) persons.
Roominghouse.
A group of rooms provided for compensation either in a converted single-family home or in a structure specifically designed for such purpose. No cooking facilities are provided in individual living units.
Shopping center.
A composite arrangement of shops and stores which provides a variety of goods and services to the general public, when developed as an integral unit.
Structure.
Anything constructed, the use of which requires permanent location on the ground or attachment to something having a permanent location on the ground.
Townhouse or rowhouse.
One of a group of no less than four (4) attached dwelling units for each located on a separate lot.
Variance.
A legal modification of the district provisions (such as yards, height, walls, fences, area, etc.) granted due to the peculiar conditions existing within a single piece of property.
Variety store.
A retail commercial establishment which supplies a variety of household goods, toys, limited light hardware items, candy, some clothing, and other general merchandise.
(Ordinance 05-2014 adopted 9/11/14; Ordinance 02-2018 adopted 2/8/18; Ordinance 09-2019 adopted 12/12/19; Ordinance 01-2025 adopted 2/13/2025)
Except as hereinafter specified, any use, building, or structure existing at the time of the enactment of this article may be continued, even though such use, building, or structure may not conform with the provisions of this article for the district in which it is located. The right to continue such nonconforming uses shall be subject to regulations prohibiting the creation of a nuisance and regulations reasonably protecting adjacent property.
(1) 
Conditional uses.
Any use existing on June 8, 1984 which is listed as a conditional use in the district where it is located shall be and shall remain a nonconforming use until a conditional use permit is obtained as provided in this article.
(2) 
Alteration of nonconforming uses.
No existing building or premises devoted to a use that is not permitted by this article in the district in which such building or premises is located shall be enlarged, except when required to do so by law or order, unless the use thereof is changed to a use that is permitted in the district in which such building or premises is located, and not without the prior and express authority of the commission.
(3) 
Cessation of use of building or land.
For the purposes of the succeeding subsections, a use shall be deemed to have ceased when it has been discontinued for six (6) months whether with the intent to abandon said use or not.
(A) 
No building or structure whether or not originally designed for a nonconforming use, where such use has ceased for six (6) months or more.
(B) 
The use of land (without building) which does not conform to the provisions of this article shall be discontinued within six (6) months from the enactment of this article. The nonconforming use of land which becomes nonconforming by reason of subsequent amendments to this article shall be discontinued within six (6) months from the date of such amendment.
(4) 
Construction approved prior to adoption of this article.
Nothing herein shall be construed to require any change in the overall plans, construction, or designated use of any development, structure, or part thereof, section, or any amendment thereto where construction thereof, conforming with such plans, shall have been started prior to the effective date of this article or any amendment, and where such construction shall have been completed in a normal manner within the subsequent six (6) month period, with no interruption, except for reasons beyond the builder’s control.
(5) 
Unsafe buildings; repair of.
Nothing in this article shall be construed to prohibit the strengthening or repair of any part of any building or structure declared unsafe by proper authority.
(6) 
Nonconforming signs.
All nonconforming signs, billboards, or commercial advertising structures may be continued for a period of one (1) year from the adoption of this article, unless shorter periods provided for in other portions of this code.
(7) 
Damage or destruction.
Any nonconforming structure which is damaged more than eighty percent (80%) of its then appraised tax value by fire, flood, explosion, wind, earthquake, war, riot, or other calamity or act of God, shall not be restored or reconstructed and used as it was before such happening. If such structure is damaged less than eighty percent (80%) of its then appraised tax value, it may be restored, reconstructed, or used as before, provided that such restoration or reconstruction is completed within eighteen (18) months of the damaging event.
(8) 
Repairs and maintenance.
A nonconforming structure may be repaired and maintained as necessary to keep it in sound condition, but no structural alterations shall be made unless required by law or ordinance or unless authorized by the board. Except as otherwise provided in this article, the total structural repairs and alterations that may be made to a nonconforming structure, exceed fifty percent (50%) of its appraised values for tax purposes at such time.
(9) 
Moving of nonconforming structure or building.
No nonconforming building or structure shall be moved in whole or in part to any other location on the lot, or on any other lot, unless every portion of such building or structure is made to conform to all the regulations of the district.
(Ordinance 05-2014 adopted 9/11/14)