Conway City Zoning Code

§ 190-30

Nonconformity.

This section specifies those rights to which nonconforming uses, structures, signs and lots are entitled.

Nonconforming uses. Any lawful nonconforming use may continue indefinitely. In the event that such use is abandoned for any period of time, its reestablishment shall not be permitted. When there is a question regarding abandonment, the burden of proof shall be on the property owner rather than the Town.

A lawful nonconforming use may be expanded in the normal course of business if granted approval by the Zoning Officer. The Zoning Officer shall grant the approval only if the following conditions are met:

The expansion is accessory to the existing nonconforming use.

The expansion shall be limited to the original lot of record on which the nonconforming use is located, subject to the following:

The original lot of record shall be identical in size and boundaries to the lot at the time of passage of the zoning provision which caused the nonconformity; or the lot may have been reduced in size since the date of passage of the zoning provision which caused the nonconformity, provided that the newly created lot is entirely contained within the boundaries of the original lot of record.

In no case shall the expansion render the lot proportionally less adequate, using this chapter, Chapter 130, Subdivision of Land, and/or Chapter 110, Site Plan Review, requirements for a standard, if appropriate.

The property owner shall be responsible for providing documentation defining the original lot of record.

A lawful nonconforming use may be changed to a different nonconforming use if granted a special exception. The Zoning Board of Adjustment shall grant the special exception only if the following conditions are met:

The proposed use shall be confined to the same lot to which the original nonconforming use would be confined [see Subsection A(1)].

The proposed use shall have the same or a lesser impact on the neighborhood relative to the following:

Public health, safety and/or welfare.

Impact on property values of adjacent properties.

Traffic.

Nuisance to neighbors.

Noise.

Nighttime lighting.

Nonconforming structures.

The two-dimensional footprint of a lawful nonconforming structure shall not be expanded unless granted approval by the Zoning Officer. Approval may be granted only if the following conditions are met:

The nonconforming structure is not in the Floodplain Conservation Overlay District.

Sanitary septic disposal and water supply are provided if it is a primary structure.

The expansion shall be in a direction away from that which the setback is intended to protect or buffer.

The three-dimensional envelope of a nonconforming structure shall not be expanded unless granted approval by the Zoning Officer. Approval may be granted only if the following conditions are met:

If a downward expansion within a setback from a lake, pond, river or stream, it shall not extend any lower than the estimated seasonal high-water table.

If an upward expansion, it shall not have any adverse impact on any neighboring properties, including but not limited to blocking sunlight and/or views.

If an upward expansion, it shall not exceed the maximum height limitation specified in this chapter.

If an enclosure of a space within the existing two-dimensional footprint, it shall be permitted except in the Floodplain Conservation Overlay District.

No part of the nonconforming structure is in the Floodplain Conservation Overlay District.

The expanded nonconforming structure shall not create a greater impact on traffic, parking, noise, or nighttime lighting.

Nonconforming signs. Signs lawfully in existence before the adoption of regulations which made them nonconforming shall be permitted to continue in existence and be maintained.

No change in type, size of message area and/or support structure, height, location, message, illumination, number, or material shall be permitted without application to and approval from the Town.

Nonconforming aspects of the sign may continue, but no additional types of nonconformity shall be created by any change.

Permitted changes may allow reduction in any one or more nonconforming aspects, but shall not allow any nonconforming aspect of the sign to become increasingly nonconforming.

If a nonconforming sign is abandoned, the grandfathered rights shall terminate and any replacement shall comply with the requirements of this chapter.

Nonconforming lots. The following control nonconforming lots:

An undeveloped, nonconforming lot may continue to exist indefinitely, unless it is less than 70% of the applicable minimum lot size and is or becomes under the same ownership as an adjoining lot, whether or not that adjoining lot is nonconforming. When common ownership occurs, the two adjoining lots shall be considered a single lot. Upon any Town official or board determining that such condition exists, the official or board shall notify, in writing, the owner, Tax Assessor, Zoning Officer, Board of Selectmen and Planning Board. The act of combining the lots shall be considered a decision of the Zoning Officer, and appeals shall follow the provisions of RSA Ch. 677.

No action shall be permitted to change the boundary of the lot unless it brings the lot closer to conformance with this chapter and it makes no other aspect of the lot and/or all structures thereon more nonconforming.

New structures are permitted on nonconforming lots only if the following conditions are met:

Sanitary water supply and sewage disposal are provided for any primary structure; and

The proposed structure meets all setback requirements.

In the Shoreline Protection District, preexisting lots with insufficient acreage may be permitted to be built upon if granted a special exception. The Zoning Board of Adjustment shall grant a special exception only if the following conditions are met:

There is a state-approved subsurface sewage system or connection to a municipal sewer.

Any building to be erected shall be configured and located on the lot to create the maximum shoreline setback practical. If appropriate, any non-shore setback may be reduced by up to 50% to facilitate maximum shoreline protection.

Clearing of lots may be limited by the Zoning Board of Adjustment as a condition of approval so as to prevent erosion and runoff into the Great Pond.

Conway City Zoning Code

§ 190-30

Nonconformity.

This section specifies those rights to which nonconforming uses, structures, signs and lots are entitled.

Nonconforming uses. Any lawful nonconforming use may continue indefinitely. In the event that such use is abandoned for any period of time, its reestablishment shall not be permitted. When there is a question regarding abandonment, the burden of proof shall be on the property owner rather than the Town.

A lawful nonconforming use may be expanded in the normal course of business if granted approval by the Zoning Officer. The Zoning Officer shall grant the approval only if the following conditions are met:

The expansion is accessory to the existing nonconforming use.

The expansion shall be limited to the original lot of record on which the nonconforming use is located, subject to the following:

The original lot of record shall be identical in size and boundaries to the lot at the time of passage of the zoning provision which caused the nonconformity; or the lot may have been reduced in size since the date of passage of the zoning provision which caused the nonconformity, provided that the newly created lot is entirely contained within the boundaries of the original lot of record.

In no case shall the expansion render the lot proportionally less adequate, using this chapter, Chapter 130, Subdivision of Land, and/or Chapter 110, Site Plan Review, requirements for a standard, if appropriate.

The property owner shall be responsible for providing documentation defining the original lot of record.

A lawful nonconforming use may be changed to a different nonconforming use if granted a special exception. The Zoning Board of Adjustment shall grant the special exception only if the following conditions are met:

The proposed use shall be confined to the same lot to which the original nonconforming use would be confined [see Subsection A(1)].

The proposed use shall have the same or a lesser impact on the neighborhood relative to the following:

Public health, safety and/or welfare.

Impact on property values of adjacent properties.

Traffic.

Nuisance to neighbors.

Noise.

Nighttime lighting.

Nonconforming structures.

The two-dimensional footprint of a lawful nonconforming structure shall not be expanded unless granted approval by the Zoning Officer. Approval may be granted only if the following conditions are met:

The nonconforming structure is not in the Floodplain Conservation Overlay District.

Sanitary septic disposal and water supply are provided if it is a primary structure.

The expansion shall be in a direction away from that which the setback is intended to protect or buffer.

The three-dimensional envelope of a nonconforming structure shall not be expanded unless granted approval by the Zoning Officer. Approval may be granted only if the following conditions are met:

If a downward expansion within a setback from a lake, pond, river or stream, it shall not extend any lower than the estimated seasonal high-water table.

If an upward expansion, it shall not have any adverse impact on any neighboring properties, including but not limited to blocking sunlight and/or views.

If an upward expansion, it shall not exceed the maximum height limitation specified in this chapter.

If an enclosure of a space within the existing two-dimensional footprint, it shall be permitted except in the Floodplain Conservation Overlay District.

No part of the nonconforming structure is in the Floodplain Conservation Overlay District.

The expanded nonconforming structure shall not create a greater impact on traffic, parking, noise, or nighttime lighting.

Nonconforming signs. Signs lawfully in existence before the adoption of regulations which made them nonconforming shall be permitted to continue in existence and be maintained.

No change in type, size of message area and/or support structure, height, location, message, illumination, number, or material shall be permitted without application to and approval from the Town.

Nonconforming aspects of the sign may continue, but no additional types of nonconformity shall be created by any change.

Permitted changes may allow reduction in any one or more nonconforming aspects, but shall not allow any nonconforming aspect of the sign to become increasingly nonconforming.

If a nonconforming sign is abandoned, the grandfathered rights shall terminate and any replacement shall comply with the requirements of this chapter.

Nonconforming lots. The following control nonconforming lots:

An undeveloped, nonconforming lot may continue to exist indefinitely, unless it is less than 70% of the applicable minimum lot size and is or becomes under the same ownership as an adjoining lot, whether or not that adjoining lot is nonconforming. When common ownership occurs, the two adjoining lots shall be considered a single lot. Upon any Town official or board determining that such condition exists, the official or board shall notify, in writing, the owner, Tax Assessor, Zoning Officer, Board of Selectmen and Planning Board. The act of combining the lots shall be considered a decision of the Zoning Officer, and appeals shall follow the provisions of RSA Ch. 677.

No action shall be permitted to change the boundary of the lot unless it brings the lot closer to conformance with this chapter and it makes no other aspect of the lot and/or all structures thereon more nonconforming.

New structures are permitted on nonconforming lots only if the following conditions are met:

Sanitary water supply and sewage disposal are provided for any primary structure; and

The proposed structure meets all setback requirements.

In the Shoreline Protection District, preexisting lots with insufficient acreage may be permitted to be built upon if granted a special exception. The Zoning Board of Adjustment shall grant a special exception only if the following conditions are met:

There is a state-approved subsurface sewage system or connection to a municipal sewer.

Any building to be erected shall be configured and located on the lot to create the maximum shoreline setback practical. If appropriate, any non-shore setback may be reduced by up to 50% to facilitate maximum shoreline protection.

Clearing of lots may be limited by the Zoning Board of Adjustment as a condition of approval so as to prevent erosion and runoff into the Great Pond.