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Center Point City Zoning Code

ARTICLE 15.

NONCONFORMING USES

Sec. 1501. - Continuance of nonconforming uses and structures.

The lawful use of a structure or land, existing at the time of the effective date of this Ordinance, may be continued although such use does not conform to the provisions hereof. If no structural alterations are made, such nonconforming use may be changed to another nonconforming use of the same or a more restrictive classification. Also, a nonconforming use may be changed to a conforming use; however, no nonconforming use shall hereafter be changed to any use of a less restrictive classification. Provided, however, that if a lawful use of a structure or land existed at the time of the effective date of this Ordinance and said use was allowed in accordance with the conditions, variances or time limitations imposed by Jefferson County, those uses shall remain lawful only so long as they are in accordance with those conditions, variances or time limitations imposed or allowed by Jefferson County. Upon noncompliance with said conditions, variances or the expiration of any time limitations, said use shall no longer be lawful and shall be a violation of this Ordinance.

(Ord. No. 01-2005-03, § 1501, 7-14-2005)

Sec. 1502. - Discontinued nonconforming uses.

In the event that a structure or premises occupied by a nonconforming use becomes discontinued, the use of same shall thereafter conform to the use regulations of the district in which such structure or premises is located.

Sec. 1503. - Structural extensions and alterations.

No structure or premises occupied by a nonconforming use shall be enlarged, extended, reconstructed or structurally altered unless the use thereof is changed to a use that conforms to the use regulations of the district in which such structure or premises is located. Such a structure or premises may, however, be structurally altered if solely for the purpose of compliance with an existing and applicable law or ordinance specifying minimum standards of health and safety, and only to the extent necessary to achieve such compliance.

Sec. 1504. - Use extensions.

No nonconforming use shall be enlarged, extended or expanded unless such use is changed to a use that conforms to the use regulations of the district in which such use is located.

Sec. 1505. - New construction conforming.

A structure or building that conforms to the use regulations of the district in which it is located, but does not conform to one or more other provisions of this Ordinance, may be enlarged, extended or expanded provided that such enlargement, extension, or expansion conforms to all applicable regulations of this Ordinance.

Sec. 1506. - Destruction.

Any nonconforming building or structure damaged by explosion, fire, act of God or public enemy beyond 75 percent of its fair market value immediately prior to said damage shall not be restored except in conformity with the regulations of this Ordinance. Refer to City Ordinance 2003-26 [chapter 6, article III of the City Code].