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Montgomery Town City Zoning Code

§ 235-14.3

Continuance of nonconformities.

A. 
Any lawful use occupying any building, structure, lot or land at the time of the effective date of this chapter, or any amendment thereto, which does not comply after the effective date of this chapter, or any amendment thereto, with the use regulations of the district in which it is situated may be continued in the building, structure, lot or land so occupied in accordance with § 235-14.1A, except as provided in § 235-14.7.
B. 
A building or structure used by a nonconforming use may not be reconstructed, structurally altered, restored or repaired to an extent exceeding 50% of the replacement cost of such building or structure, exclusive of foundations, unless the use of such building or structure is changed to a conforming use.
C. 
A nonconforming building or structure that is not devoted to a nonconforming use may be reconstructed, structurally altered, restored or repaired in whole or in part, and the provisions of Subsection B above shall not apply, except that the degree of nonconformity shall not be increased.
D. 
A nonconforming lot separately owned and not adjoining any lot or land in the same ownership at the effective date of this chapter may be used, or a building or structure may be erected on such lot for use, in accordance with all other applicable provisions of this chapter or any amendment thereto, provided that proof of such separate ownership is offered in the form of a title search.
E. 
An existing building designed and used for a conforming use but located on a nonconforming lot, whether the building is conforming or nonconforming with respect to lot coverage and minimum yard requirements, may be reconstructed, structurally altered, restored or repaired in whole or in part, except that the degree of nonconformity shall not be increased.