Bridgewater City Zoning Code
ARTICLE XLVIII
Nonconforming Uses and Structures
§ 126-358 Continuation of use.
A use, building or structure lawfully in existence at the effective date of this chapter, which shall be made nonconforming at the passage of this chapter or any applicable amendment thereto, mad be continued except as otherwise provided in this article.
§ 126-359 Changes.
No existing building or premises devoted to a nonconforming use shall be enlarged, extended, reconstructed, substituted or structurally altered except when changed to a conforming use, when required to do so by law, or as permitted in § 126-365.
§ 126-360 Destruction of nonconforming structures and their uses.
[Amended 6-6-1983 by Ord. No. 83-12; 11-18-1991 by Ord. No. 91-33; 8-20-2026 by Ord. No. 26-14]
A.
Structures and their uses that are nonconforming may be continued so long as they otherwise remain lawful but shall not be enlarged, expanded or altered except to become more in conformity. In any non-residential zone, any replacement of a nonconforming principal structure shall conform to this chapter as follows. Any nonconforming principal structure destroyed to an extent greater than 50% of its assessed valuation shall not be reconstructed except in conformity with the zone requirements it is located, and accessory structures shall comply with the requirements provided for by § 126-361 below. If located in a floodway, any nonconforming use or structure partially damaged by fire, flood, casualty or act of God shall be terminated. Changes from one nonconforming use to another is prohibited.
B.
Within any residential zone, if a residential principal structure is determined by the insurance company to be destroyed or damaged beyond repair as a result of fire or other natural disaster, then a new principal structure with an equivalent or smaller footprint and gross floor area may be constructed, within the same footprint that existed prior to its destruction, without the need to obtain a bulk variance for any pre-existing non-conforming conditions related to the minimum lot size or set back requirements, provided that the following are complied with:
(1)
All other bulk requirements for the zone in which the property is located are met;
(2)
All requirements in § 126-328 of the Land Use Ordinance are met; and
(3)
The property owner has not been criminally charged in conjunction with the incident that caused the damage.
C.
If any of the above are not complied with, the residential principal structure shall not be subject to the above exemptions.
§ 126-361 Restoration of existing accessory structures. [1]
[Added 11-18-1991 by Ord. No. 91-33]
Nothing in this chapter shall prevent the restoration or continuance of a nonconforming accessory structure which is nonconforming because it fails to comply with height, area, yard or other like requirements of this chapter and which is destroyed to an extent greater than 50% of its assessed valuation, provided that any restoration of any such accessory structure shall not enlarge the previously existing nonconformance.
[1]
Editor's Note: Former § 126-361, Damage beyond repair, was repealed 6-6-1983 by Ord. No. 83-12.
§ 126-362 Normal repairs.
Normal maintenance and repair of a nonconforming structure or use is permitted, provided it does not extend or expand the nonconformance.
§ 126-363 Termination.
A nonconforming nonseasonal use not used for six consecutive months and/or the change of use to a more restricted or conforming use for any period of time shall be considered a termination of the nonconforming use, and such nonconforming use shall not thereafter be revived.
§ 126-364 Nonconforming buildings lawfully under construction.
Any nonconforming structure or use lawfully under construction on the effective date of this chapter pursuant to plans filed with the Building Inspector and approved by him and all other municipal boards and agencies as required under law may be completed and may be used for the nonconforming use for which it was designed, to the same extent as if such building had been completed and was in use on the effective date of this chapter.
§ 126-365 Expansion of residential uses.
A nonconforming residential use or structure may be expanded to provide additional living space, provided the expansion does not increase the maximum number of dwelling units permitted in the zone and does not infringe further upon any nonconforming side, front or rear yard. However, no additional building exteriors shall be closer than five feet to any side lot line.
