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Montgomery City Zoning Code

ARTICLE V

NONCONFORMING USES

Sec. 98-312. Continuation of nonconforming use; change of use.

Except as otherwise provided in this article, the nonconforming use of a building existing on the effective date of the ordinance from which this article is derived may be continued, and the use of a nonconforming building may be changed to another use of the same or a more restricted classification, but where such use is changed to a more restricted classification, it shall not thereafter be changed back to a use of a less restricted classification. A nonconforming building which is or may hereafter become vacant and which shall remain unoccupied or its nonconforming use discarded for a continuous period of one year, shall not thereafter be occupied except by a use which conforms to regulations of the district in which it is located. A nonconforming building may be maintained or kept in good repair except as otherwise provided in this section. No existing building may be enlarged, extended, reconstructed or altered unless its use is changed to a use permitted in the district in which such building is located, except in the event such enlargement, extension, reconstruction or alteration is required by court decision, law, or ordinance. No nonconforming building shall be moved in whole or in part to any other location on the lot unless every portion of such building is made to conform to all the regulations of the district in which it is located. A nonconforming building which is damaged by fire, explosion, flood, wind, earthquake or other calamity or act of God or the public enemy to the extent of 50 percent or more of its reasonable value, may not be restored except in conformity with the regulations of the district in which it is located.

(Ord. No. 2014-03 , § 1, 5-20-2014)

Effective on: 1/1/1901

Secs. 98-313—98-342. Reserved.

Effective on: 1/1/1901