The lawful use of land existing upon the effective date of this ordinance may be continued, although such use does not conform to the provisions hereof. Such use may be extended throughout such portions of the buildings as are arranged or designed for such use.
A nonconforming use of a building may be changed to another nonconforming use of the same or more restricted classification. If such nonconforming building is voluntarily removed, the future use of such premises shall be in conformity with the provisions of this ordinance.
(Sec. 2.01) 
The purpose of this division is as follows:
(1) 
To declare that nonconforming uses are incompatible uses within the zoning districts in which they are located, therefore the intent is not to encourage their continuation.
(2) 
To establish the limitations whereby nonconforming uses may continue until the same are removed.
(3) 
To establish the circumstances whereby the board of adjustment may require the discontinuance of nonconformities.
(Sec. 3.01) 
The following uses are legally existing nonconforming uses:
(1) 
Any existing use or structure that is not in conformance with the regulations of the zoning district in which it is located but was actually in existence or in operation at the time of the adoption of this zoning ordinance is a nonconforming use if it was legal when originally created or placed in operation.
(2) 
Any existing use or structure that is not in conformance with the regulations of the zoning district in which it is located but was legally existing at the time of the adoption of any amendment to the zoning text or map, applicable to the district in which it is located, is a nonconforming use.
(3) 
Any existing use or structure that is not in conformance with the regulations of the zoning district in which it is located at the time of annexation of the area in which said use is located is a nonconforming use.
(Sec. 3.02) 
The status of nonconforming uses is not affected by ownership and/or occupancy change, subject to the limitations provided herein.
(1) 
he owner or authorized agent of any nonconforming use may register said nonconforming use with the city secretary within six months of receiving notice of becoming a nonconforming use through a newspaper of general circulation in the City of Brenham. In the event that said owner or authorized agent chooses to register any nonconforming use, registration shall be obtained by issuance of a certificate of occupancy nonconforming, and shall thereafter be considered legal evidence of the legal existence of a nonconforming uses. The city secretary, zoning administrator or other appropriate city administrator designated by the city manager shall maintain on file for the City of Brenham of all certificates of occupancy nonconforming.
In the event that said owners or their authorized agents do not register as required herein, then thereafter the City of Brenham will require proof that shall be provided by the owner that the nonconforming use was legally existing at the time of adoption of this ordinance or said nonconforming use shall be deemed illegal and a violation of this ordinance.
(Sec. 4.01) 
The limitations to continuing a nonconforming use are as follows:
(1) 
Routine repairs and alterations may be made to a building occupied by a legally existing nonconforming use, provided that no structural alterations or extensions shall be made unless the building is changed to a conforming use.
EXCEPTION: Expansions, extensions and enlargements of floor area may be made to structures occupied by nonconforming uses in the B-1 District, provided that a specific use permit is first obtained from the planning and zoning commission in accordance with Part III, Section 4 of this ordinance.
(2) 
A building occupied by a legally existing nonconforming use may be rebuilt in case of obsolescence or total or partial destruction by fire or other causes. The building inspector shall issue a permit for reconstruction as built at the time of damage, provided that said permit is applied for within six (6) months from the date of the damage. If a permit has not been automatically issued within six (6) months from the date of the damage, the board of adjustment may grant a permit for repair or replacement to the previous building parameters after a public hearing and having due regard for the property right of the persons affected when considered in the light of public welfare and the character of the areas surrounding the designated nonconforming use and the purposes of this ordinance. No permit issued by the building official or granted by the board of adjustment under the authority of this section shall approve an increase in the floor area to be occupied by the nonconforming use.
(3) 
No expansion or enlargement of a nonconforming structure occupied by a permitted use shall be permitted except as provided in Division 4 Special Exceptions, Section 1.01(2).
EXCEPTION: No permit other than a building permit is required to expand a nonconforming single-family dwelling provided that (1) said residential expansion does not increase the nonconforming attributes of the structure, (2) said dwelling is nonconforming by virtue of its lot size, front, side or rear yard setbacks and (3) said dwelling is located in a district in which said structure is a permitted use.
EXCEPTION: No permit other than a building permit is required to reconstruct a nonconforming single family structure to its previous nonconforming status in the event that it has been accidentally damaged or destroyed in whole or in part. If a permit has not been automatically issued within six (6) months from the date of damage, the board of adjustment may grant a special exception for a permit to repair or replacement to the previous building parameters after a public hearing and having due regard for the property right of the persons affected when considered in the light of public welfare and the character of the areas surrounding the nonconforming structure and the purposes of this ordinance.
(4) 
No occupancy of additional land shall be permitted by a nonconforming use.
(5) 
No nonconforming structure or structure housing a nonconforming use shall be moved unless moved into a zoning district into which it is in conformance with the regulations.
(6) 
A nonconforming use if changed to a conforming use or a more restricted nonconforming use, may not thereafter by changed back to a less restricted use than that to which it was changed.
(7) 
In the event that a nonconforming use of a building or premises is voluntarily discontinued for a period of one year, a presumption shall exist that the owner has abandoned the nonconforming use and thereafter the use of the same shall thereafter conform to the provisions of the district in which it is located. The board of adjustment may grant one extension of the allowable abandonment, not to exceed six (6) calendar months.
(8) 
No nonconforming accessory use or structure shall continue after the principal structure or use shall have ceased or terminated unless such structure or use shall thereafter conform to the provisions of the zoning district in which it is located.