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Rock Port City Zoning Code

SECTION 400

110 Non-Conforming Uses.

[Ord. No. 530 §11, 11-2-1965; Ord. No. 827 §1, 2-21-1995]
A. 
The lawful use of a building existing on November 2, 1965, may be continued even though such use does not conform with the provisions hereof. If no structural alterations are made, a non-conforming use of a building may be changed to another non-conforming use of the same or more restricted classification. The foregoing provisions shall also apply to non-conforming uses in districts as may be hereafter changed. Whenever a non-conforming use of a building has been changed to a more restricted use or to a conforming use, such use shall not thereafter be changed to a less restricted use.
B. 
No building which has been damaged by fire, explosion, act of God, or the public enemy to the extent of more than sixty-five percent (65%) of its assessed value, shall be restored except in conformity with the regulations of this Chapter.
C. 
In the event that a non-conforming use of any building or premises is discontinued or its normal operation stopped for a period of three (3) years, the use of the same shall thereafter conform to the regulations of the district in which it is located.
D. 
A non-conforming use occupying only a portion of a building may be extended throughout the building if the same has been lawfully acquired and actually devoted to such use, previous to the adoption of Ordinance No. 530 or to any affecting amendments thereof.
E. 
All property annexed to the City of Rock Port after January 1, 1995, shall be allowed to be used for whatever lawful use it was being placed immediately prior to annexation, no matter what class of zoning may be imposed upon said property. In the event that the non-conforming use at the time of annexation of any building or premises or land is discontinued or its normal operations stop for a period of three (3) years, the use of the same shall thereafter conform to the regulations of the district in which it is located.