Bristol Town City Zoning Code
ARTICLE XI
Special Regulations
§ 350-48 Nonconforming uses.
The lawful use of any building or land existing at the time of enactment of this chapter may be continued although such use does not conform with the provisions of this chapter for the use district in which such building or land is located, provided that a nonconforming lot shall not be further reduced in size and a nonconforming building shall not be enlarged, extended or increased unless such enlargement would not increase the degree of nonconformity. No nonconforming use may be expanded.
§ 350-49 Nonconforming use abandonment/restoration.
A nonconforming use shall be deemed abandoned when there occurs a cessation of any use or activity by an apparent act or failure to act on the part of the owner or tenant to reinstate such use within a period of one year from the date of cessation or discontinuance. Nothing contained in this chapter shall be construed to prevent the restoration within one year of any building or structure damaged or destroyed by fire or calamity.
§ 350-50 Nonconforming use reinstatement.
No nonconforming use shall be reinstated if it has once been changed into a conforming use.
§ 350-51 Height restrictions.
A.
Chimneys, ventilators, skylights, heater tanks, television and radio receiving antennas and similar features, and the necessary mechanical appurtenances usually carried on above the roof level of a building or structure, may exceed the height limitations of this chapter by not more than 10 feet.
B.
The height limitation of this chapter shall not apply to the erection of a parapet wall or cornice for ornament extending above the height limitations by not more than five feet.
C.
Public buildings, schools, churches and other similar permitted uses shall increase the front, rear and side yards by one foot for each foot by which such buildings exceed the height limit herein established for the use district in which it is located.
§ 350-52 Industrial processes.
In Light Industrial (L-I) Use District, all industrial processes shall take place within an enclosed building. A special use permit shall allow industrial storage out of doors. Industrial uses shall be located so as to be a minimum of 100 feet and adequately buffered from any nonindustrial use district. This provision may be varied at the discretion of the Zoning Board of Appeals if it is in the best interest of the Town of Bristol or neighborhood and if it does not conflict with the Comprehensive Plan of the Town of Bristol.
§ 350-53 Municipal facilities.
The lot size, building size and setback requirements established by Article X of this chapter shall not apply to municipal facilities now or hereafter owned, maintained or operated by the Town of Bristol.
§ 350-54 Operating permits.
An operating permit is issued by the Code Enforcement office to operate a business in the Town of Bristol, after appropriate approvals for said business from the Planning Board and the Zoning Board of Appeals. This permit covers all guidelines set forth by the two Boards. Any variation from these guidelines will start the process of cancellation of an operating permit.
§ 350-54.1 Accessory dwelling units.
[Added 2-12-2024 by L.L. No. 1-2024]
A.
Purpose and intent. In keeping with the goals and intentions set by our Comprehensive Plan, Section 3.2.5 Housing (H), "Policy Statement: The Town will encourage and promote a variety of housing options that meet the needs of current and future residents-from first-time homeowners/renters, to long-time, aging and/or disabled residents who may need alternative housing or special accommodations.
Objectives: | |
A. | Encourage affordable-moderate housing development for both purchase and rental. |
B. | Support initiatives and avenues for aging and/or disabled residents who want to remain independent in their homes. |
C. | Provide information to help residents save on home ownership costs." |
B.
Definitions. As specifically apply to this section:
ACCESSORY BUILDING
A detached building on the same lot with and of a nature customarily incidental and subordinate to the principal structure.
ACCESSORY DWELLING UNIT
An accessory dwelling unit (ADU) is an independent residential dwelling unit located on the same lot as a stand-alone (i.e., detached or encompassed within) single-family home. See § 350-54.1H (Maximum gross floor area).
ACCESSORY USE
A use on the same lot with and of a nature customarily incidental and subordinate to the principal use.
DWELLING UNIT
One or more rooms with provision for living, cooking, sanitary and sleeping facilities arranged for the use of one family.
DWELLING, MULTIFAMILY
A building containing three or more dwelling units.
DWELLING, ONE-FAMILY
A building containing one dwelling unit.
DWELLING, TWO-FAMILY
A building containing two dwelling units.
OWNER-OCCUPIED
A house or apartment used as a dwelling by the owner.
C.
Authorization.
(1)
The town Zoning Board of Appeals may, through the special use permit process, provided for in § 350-7 of the Bristol Town Code, authorize an accessory dwelling unit. To apply for a special use permit, the accessory dwelling unit shall be located on the same parcel as the principal residential dwelling unit. In the determination of permitting, the construction or conversion intended to create an accessory dwelling unit shall demonstrate that is clearly incidental and secondary to the principal residential dwelling unit to preserve the appearance of the principal dwelling and the single-family character of the neighborhood.
(2)
One accessory dwelling unit is permitted per parcel.
D.
Zoning districts. Accessory dwelling units as defined herein shall be permitted in all residential zoning districts and must meet all standards of the schedule of district regulations, as well as those in the special use permit.
E.
Prohibitions. Accessory dwelling units shall be prohibited on parcels utilized for two-family or multifamily dwelling units.
F.
Owner occupancy. The owner of the parcel on which an accessory dwelling unit is located shall maintain their primary domicile in either the principal dwelling unit or the accessory dwelling unit. Both dwelling units must be owned by the parcel owner.
G.
Certificate of occupancy. An accessory dwelling unit may not be located on a parcel where a current building (or zoning) violation exists unless the legalization or creation of the accessory dwelling unit will cure the violation. All accessory dwelling units shall be on a permanent foundation.
H.
Maximum gross floor area. An accessory dwelling unit shall contain a minimum of 360 square feet and shall not exceed a maximum of 900 sq. feet. The accessory dwelling unit shall be subordinate to the principal dwelling unit and shall not exceed 40% of the gross floor area of the principal dwelling unit or 900 square feet, whichever is more restrictive (lesser), subject to the minimum square footage.
I.
Number of accessory units. A maximum of one accessory dwelling unit shall be permitted on each qualifying parcel.
J.
Septic and water. See § 350-74 of the Bristol Town Code.
K.
Parking. No additional driveway (curb cut) shall be created for the primary purpose of servicing the accessory dwelling unit. Adequate off-street parking as required by § 350-31C and § 350-32 of the Bristol Town Code.
L.
Severability. If any part or provision of this section is judged invalid by any court of competent jurisdiction, such judgment shall be confined in application to the part or provision directly on which judgment shall have been rendered and shall not affect or impair the validity of the remainder of this section or the application thereof to other persons or circumstances. The Town hereby declares that it will have enacted the remainder of this section even without such part or provision or application.
M.
When effective. This section shall take effect immediately upon its adoption and filing with the Secretary of State.
