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Mountain Brook City Zoning Code

ARTICLE XXII.

NONCONFORMING USES

Sec. 129-371.- Continuance of nonconforming uses and structures.

Except as otherwise provided herein, any structure or use existing on January 23, 1950 or on the date of any subsequent amendment to this chapter which amendment resulted in a prior conforming structure or use becoming nonconforming, may continue although such structure or use does not comply with the provisions of this chapter.

(Ord. No. 1224, 2-26-96)

Sec. 129-372. - Extension or alteration of nonconforming uses and structures.

No nonconforming use or nonconforming portion of a structure may be enlarged or altered, except as may be permitted by the board of zoning adjustment in accordance with article XXVI of this chapter.

(Ord. No. 1224, 2-26-96; Ord. No. 1972, § 1, 2-27-17)

Sec. 129-373. - Repair of nonconforming buildings or structures.

Any nonconforming structure which has been damaged by fire or other cause to the extent of more than 60 percent of the precasualty fair market value of the portion of the structure which is above its foundation (using the most recent fair market value placed on such structure by the Jefferson County Board of Equalization and making a reasonable allowance for the value of the foundation of such structure) may not be repaired or reconstructed except in conformity with the provisions of this chapter applicable to the district in which such structure is located and in compliance with all applicable building codes and regulations of the city. Should the city consider it necessary to do so, in determining the value of such structure after it has been damaged, in the course of its consideration of a request that a building permit be issued with respect to such repair or reconstruction, the city shall have the authority to have the value of the structure (above its foundation) determined by a qualified appraiser or qualified building contractor selected by the city. The cost of having such appraisal made shall be paid by the owner of the structure or, if a different person, the person who requests the issuance of a building permit. The amount of such appraisal shall be binding on the owner of the structure and the city.

(Ord. No. 1224, 2-26-96)

Sec. 129-374. - Reestablishment of nonconforming uses.

Whenever the nonconforming use of any structure or land has been discontinued for a period of one year or more, such use may not be reestablished, nor may such structure or land be used for any other purpose which does not comply with the provisions of this chapter.

(Ord. No. 1224, 2-26-96)