Uses of land and structures shall comply with the applicable standards of this section. No conveyance of land shall be made that reduces the remaining land of the grantor below the applicable minimum area, frontage, bulk and yard requirements. No building permit, zoning permit, certificate of occupancy or certificate of zoning compliance shall be issued for the erection or occupancy of a building or structure on land conveyed in violation of this section. Any use not specified in the use tables, tables 4.20, 5.20 and 6.20, is prohibited.

3.00.1. Conformity of buildings and land: use and occupancy. No building, structure, or premises shall be used or occupied, and no building or part thereof or other structure shall be erected, raised, moved, placed, reconstructed, extended, enlarged, or altered except in conformity with the regulations herein specified for the district in which it is located. Premises subject to approval of a special permit by the commission shall comply with Section 504 of the Federal Rehabilitation Act of 1973, as amended, with regard to provision of access for handicapped person.

3.00.2. Conformity of buildings: heights, yards, area. No building, structure, or premises shall be erected, altered or used so as to produce greater heights, smaller yards, or less required floor area than required by these regulations. Additionally, no building, shall be occupied by more families than prescribed for such building, structure or premises for the district in which it is located.

3.00.3. Conformity of open spaces. No yard, court or open space, or part thereof, shall be included as a part of the yard, court or open space similarly required for any other building, structure or dwelling under the provisions of these regulations.

3.00.4. Reduction of dimensions of lot areas. No lot shall be diminished in area nor shall any yard, court or open space be reduced except in conformity with the requirements of these regulations.

3.00.5. Lots in more than one district. Where the lot lies in more than one district, the provisions of the less restrictive district may be applied for a distance of not over 25 feet into the more restrictive district provided that such lot has frontage on a street in the less restrictive district.

3.10.1. The use of land for access to or from off-street parking in connection with and adjacent to a use shall be considered to be accessory to and part of such use except that this provision shall be construed to prohibit access across a residential district to a use lying in an industrial district.

3.10.2. Only one driveway cut per lot shall be permitted in a residential district unless an approval for an additional drive is granted by the planning and zoning commission. (Added 6/1/06)

Existing lots and lots of record shall meet the requirements of this section.

3.20.1. Building on existing lots. A permitted building, or permitted use shall be allowed to be constructed or established on a lot which, at the time of the effective date of the adoption of these regulations, is shown on a subdivision plan for residential property which has been approved, prior to the effective date of these regulations, by the commission or other body exercising the powers of such commission, which plan is filed or recorded with the office of the town clerk, provided that the subdivision has not expired as set forth in Connecticut General Statutes or Regulations or regulation of the town. However, all applicable requirements including, but not necessarily limited to, height, setback, lot coverage, floor area, and parking area shall be adhered to.

3.20.2. Lot of record.

A.

Except as provided for under section 4.30.21 of these regulations, any lot of record having less than 5,000 square feet or having less than 50 feet of frontage shall be considered not buildable. The zoning board of appeals shall have no authority to vary this provision; (Amended 04/19/10)

B.

Any lot of record not considered merged as set forth below, owned separately from all adjoining lots, and served by municipal sanitary sewers, shall be considered a building lot if it contains at least 5,000 square feet of lot area and has at least 50 feet of frontage on an improved town street;

C.

A lot of record that has been separated from a merged parcel without approval from the commission or the zoning board of appeals, shall not be deemed "owned separately from all adjoining lots" as set forth in (b) above. A special permit in accordance with (f) below is required prior to developing such lot;

D.

Any lot of record shall be deemed to have merged with an adjoining lot of record if:

i.

The common property line has had a building, constructed thereupon at any time;

ii.

The principal building has been constructed within ten feet of the common lot line;

iii.

The structure has been constructed on a lot of record which is necessary to a principal building or an adjoining lot of record;

iv.

The lot of record has been used for driveway or parking purposes for the adjoining lot of record; or,

v.

The lot of record has been used in conjunction with the adjoining lot;

E.

Any adjoining lots of record, in common ownership, shall be considered merged until the lot area equals the minimum lot area of the applicable zoning district;

F.

A division of merged lots may be approved as a special permit by the commission and, where required, a companion subdivision application for merged lots of record has been approved under section 5.g of the Enfield Subdivision Regulations. The special permit for the division of merged lots shall contain the following information:

i.

A "neighborhood" where the neighborhood is defined as all developed residentially zoned lots wholly or partially within 500 feet of the lot in question having frontage on the same street as the lot in question; however, in unusual circumstances the commission may modify the boundaries of the "neighborhood", where such modification served to best describe the neighborhood of the lot in question.

ii.

The neighborhood map shall show rights-of-way width, street pavement width, utilities (storm, sanitary, water lines, hydrants, streetlights, etc.) and sidewalks within the neighborhood.

iii.

Calculations showing (1) all lot sizes and all lot frontages of all developed residentially zoned lots within the neighborhood, and (2) the resultant median lot size and median lot frontage in the neighborhood;

G.

To approve any special permit for the division of merged lots, the Commission must find that the standards in article IX and the following specific standards and criteria are met:

i.

All proposed lots shall equal or exceed the median lot size and lot frontage of lots in the neighborhood except that the commission may modify this requirement by not more than ten percent when it finds that this shall result in a more compatible relationship to the neighborhood; however, it no case shall any lot below 5,000 square feet in area nor lot frontage below 50 feet be allowed;

ii.

All lots of record shall adhere to all the applicable requirements of the district within which they are proposed, including, but not necessarily limited to, height, lot coverage, floor area, and parking as set forth in section 4.10.2.H of the zoning regulation except for the following:

The required front setback shall be the average of the front setback lines of the main building on the two lots adjacent to or nearest to the proposed lot(s) on the same side of the street, but in no case shall a front setback line greater than the required minimum front setback established for the district be required. (Amended 2/22/05)

iii.

The proposed plan is compatible with the development patterns of the neighborhood.

iv.

The resulting development of the parcel will not adversely affect the traffic patterns nor storm water runoff conditions in the neighborhood;

v.

The new lots shall have frontage on and have access to paved public roadways consistent with the provision of section 5.g. of the subdivision regulations.

3.30.1. Projections into yards.

A.

Nothing in these regulations shall prohibit the projection of not more than one foot into a required open space of pilasters, belt courses, sills, cornices, or similar architectural features.

B.

Chimneys constructed entirely of masonry may project into yards not more than two feet within existing premises only.

C.

Handicap access ramps, landings and decks required for adequate access and egress of handicapped residents may encroach into the required yard setbacks to the extent necessary to meet the minimum requirements for such access or egress.

D.

(Added 4/01/06) In any residential district except the Thompsonville district, unenclosed front porches may project up to eight feet into the required front yard setback, or beyond the front building line of a pre-existing non-conforming principal structure, subject to the following:

i.

An unenclosed front porch or an unenclosed front balcony is a roofed structure attached to the front of a unit that is not enclosed in any way by glass, screens, solid panels or any other material, with the exception of a balustrade or railing not to exceed three feet in height above the floor of such front porch or balcony. Decks shall not be allowed to project into the required front setback.

ii.

Non-enclosed front porch steps may project an additional six feet provided that neither the steps nor the porch may be closer than 15 feet to a front property line.

iii.

A front-porch roof overhang may extend an additional one foot beyond the porch into the required front setback.

iv.

The zoning board of appeals shall not vary any provision of this subsection.

3.30.2. Lots on narrow streets. Where lots front on streets less than 50 feet wide, the front yard required by the provisions of these regulations shall be increased by one-half the difference between 50 feet and the actual width of the street.

3.30.3. Corner visibility. On a corner lot, no fence, wall, hedge, or other structure or planting more than three feet in height shall be erected, placed or maintained within the triangular area formed by the intersecting street lines and a straight line adjoining said street lines at points which are 50 feet distant from the point of intersection, measured along said street lines.

3.30.4. Corner lots and odd shaped lots. In the case of a corner lot, all lot lines extending from the front lot lines shall be considered side lot lines. Any lot line not a front or rear lot line shall be considered a side lot line. Where two lot lines extending from the front lot line intersect, both of such lot lines shall be considered side lot lines.

3.30.5. Interior lot visibility. On an interior lot, visual obstructions within ten feet of a driveway used by motor vehicles shall be maintained in such a manner as not to create a hazard to pedestrians or other vehicles.

3.30.6. Fences. In any residence district, fences shall not exceed six feet in height. Such fences, except those on land used for agricultural purposes, shall be erected so that the finished side of the fence faces the abutting property.

3.30.7. Accessory buildings.

A.

Accessory buildings shall be located according to the following standards. These standards may be waived by the commission in the HR-33 district.

i.

(Amended 11/30/09) Except as provided for in the LFOD district below, accessory buildings in residential districts and the Thompsonville district shall be located behind a line established by the rear of the principal building on the lot and shall be located at least five feet from both rear and side lot lines. Accessory buildings shall not be more than 15 feet in median height and not cover more than 20 percent of the area of the required rear yard.

ii.

(Amended 8/01/07) Accessory buildings in commercial and industrial districts shall be located behind a line established by the front of the principal building on the lot and shall be located at least five feet from both rear and side lot lines provided,

a.

that they not infringe into any buffer zones otherwise required by these regulations.

b.

that the property is not located across the street from a residential district, in which case the accessory building shall comply with subsection i. above.

Accessory buildings in commercial and industrial districts shall not be more than 15 feet in median height and not cover more than 20 percent of the area of the required rear or side yard. No accessory building shall be greater than 600 sq. ft. unless a special permit is granted by the Enfield Planning and Zoning Commission.

iii.

On corner lots, any accessory structure shall be located no nearer to the principal street line, the principal street being the street from which the property derives its address, behind a line established by the rear of the principal building and no nearer to the other street line than the front yard setback of the zoning district in which the property is located.

iv.

On through lots, any accessory structure shall be located only in the fourth of the lot farthest removed from the street.

v.

Any buildings attached to a principal building by structural members, except for a wall or fence not more than six feet high, shall be considered as an integral part of the principal building.

vi.

Accessory structures used in residential districts shall be limited to structures that are specifically designed and constructed for such use. No part of an inoperable trailer, i.e. the box of a former trailer, shall be allowed as a temporary or permanent structure in residential districts. (Added 4/01/06)

vii.

Temporary storage containers shall be permitted only in accordance with section 3.30.14. (Added 4/01/06)

viii.

On lots within a LFOD zone, accessory buildings may be placed forward of the line established by the rear of the principal building on the lot, shall be located at least 20 feet from the front property line, at least ten feet from all side property lines, shall not be more than 15 feet in median height, and shall be no larger than 24 feet by 24 feet. The zoning board of appeals shall have no authority to vary this provision. (Added 11/30/09)

B.

Use requirements for accessory buildings are as follows:

i.

Construction of accessory buildings shall not begin prior to the construction of the principal building, on the lot. Accessory buildings may be completed prior to the completion of the principal building on the lot.

3.30.8. Height exceptions. Spires, cupolas, towers, chimneys, flagpoles, ventilators, tanks and similar features occupying in the aggregate not more than ten percent of the building area and not used for human habitation, may be erected to a reasonable and necessary height, as determined by the Enfield Planning and Zoning Commission. (Added 06/04/09)

3.30.9. Recreational vehicles and recreational trailers. A recreational vehicle or trailer may be stored on a lot in a residential zone providing it is located no closer to the front property line than the front wall of the residence. The vehicle/trailer may not be used for sleeping, cooking, or operating of a business. Guest recreational vehicles may be located on residential lots, and shall meet the same standards as to location, for a period not to exceed 14 consecutive days during a 12-month period.

3.30.10. Construction office trailers. The zoning enforcement officer may grant a temporary permit for a trailer to be used as an accessory use on a construction site, as an office, after the permits for the construction of the principal building, have been issued, or in the case of a subdivision, after construction of improvements has been authorized. (Added 4/01/06) The commission may allow an office trailer in an I-1 zone on industrial land for municipal use only during road reconstruction subject to site plan review.

3.30.11. Trailers temporary living quarters. Where a dwelling unit has been destroyed by a fire or other natural disaster, a trailer/mobile home may be placed on the property and used as the property owner's temporary residence for a period not to exceed one year. A zoning permit is required for the trailer/mobile home. Within 30 days after the issuance of a certificate of occupancy for the permanent dwelling unit on the property, the trailer or mobile home shall be removed from the property.

3.30.12. Junk yards. Junk yards are prohibited within the town.

3.30.13. Commercial vehicles. (Added 11/25/03)

A.

The parking of commercial vehicles may be permitted in any residential district as an accessory use only and subject to the following restrictions:

i.

Only one commercial vehicle not exceeding 11,000 pounds gross vehicle weight (GVW) may be parked or garaged on a lot provided it also does not exceed ten feet in height from the base of the wheel to the top (including any cargo) or ten feet in cargo (box) length, subject to the issuance of a zoning permit by the zoning enforcement officer.

ii.

By special permit, one commercial vehicle exceeding the requirements referred to in paragraph i. may be parked or garaged on a lot, subject to the special permit standards and procedures of section 9.20 of these regulations and following:

a.

The commission shall consider such factors as proposed screening; proximity to adjacent lots and buildings; the size, intended use, and hours of operation of the vehicle in question; other vehicles on the property; character of the neighborhood.

b.

No commercial vehicle shall exceed 13 feet six inches in height from the base of the wheel to the top (including any cargo).

c.

No commercial vehicle shall exceed 26,000 pounds GVW.

B.

All commercial vehicles, regardless of GVW, shall meet the following standards:

i.

No vehicle shall have more than two axles.

ii.

No vehicle shall be parked so as to obstruct the view of traffic from adjacent driveways or streets.

iii.

No vehicle containing hazardous materials or waste may be parked on a residential lot.

iv.

Construction vehicles, including but not limited to, backhoes, bobcats, bucket loaders, track vehicles, shall not be allowed.

v.

No tanker trucks or similar type vehicles used for hauling liquids including but not limited to, oil trucks, septic cleanout trucks, etc., shall be allowed.

vi.

All commercial vehicles shall be parked on the driveway of the occupied residential lot or a parking area leased to the residential occupant, provided no commercial vehicle may be parked closer than ten feet from any adjacent property line.

vii.

The commercial vehicle shall be owned or operated by the permanent resident of the property on which it is to be parked.

viii.

No maintenance or repair of a commercial vehicle shall be allowed on the residential property.

ix.

There shall be no loading or unloading of commercial vehicles between the hours of 9:00 p.m. and 7:00 a.m.

x.

No garbage hauling, dump trucks or any other trucks that haul cargo that emits objectionable odors shall be permitted.

xi.

A copy of any special permit issued shall be forwarded to the tax assessor by the planning department.

xii.

All vehicles allowed under this regulation are also subject to the town's noise ordinance.

xiii.

No tractor-trailer, nor the tractor or the trailer, shall be parked in a residential district at any time except in connection with a moving operation.

C.

All applications for special permits shall include a detailed description of the vehicle to be used including gross vehicle weight, height, total length, box length (if applicable), wheelbase, model and make. Any permits granted shall be for the specific vehicle described in the application. Any changes to the vehicle specifications as approved shall require a new approval by the commission.

D.

Commercial vehicles subject to special permits shall be screened along the closest residential property line by appropriate evergreen trees, shrubs, fence, or a combination thereof. Exceptions and modifications may be considered by the commission taking into consideration topography and proximity of adjacent residential structures.

E.

Nothing herein shall be construed to permit a home occupation that is not otherwise permitted under the regulations. Any home occupation that is conducted in conjunction with the parking of a commercial vehicle must meet the applicable requirements and be registered with the zoning enforcement officer. (Amended 08/01/10)

F.

Nothing herein shall be construed so as to prohibit commercial vehicles parked temporarily while engaged in providing products or services to the owner of the property.

G.

Nothing herein shall be construed to prohibit commercial vehicles that are used as part of the following:

i.

a permitted agriculture, farming, forestry, or nursery gardening use.

ii.

a permitted earth excavation, removal or deposit activity authorized under section 8-40 of these regulations.

iii.

a use of facility operated by the Town of Enfield, a fire department, State of Connecticut, or federal government;

iv.

a maintenance facility in support of a multiple dwelling project on the lot, or in support of a special permit use, if authorized under such special permit,

H.

Pursuant to C.G.S. § 8-6, the zoning board of appeals is prohibited from varying any provision of this section.

3.30.14. Storage containers. (Added 4/1/06)

A.

Storage containers for long term storage:

i.

For the purposes of this section "long term storage" shall be defined as more than 30 days.

ii.

Except as set forth below, storage containers and trailers for storage purposes are permitted only in industrial 1 (I-1), and industrial 2 (I-2) zones subject to the following conditions:

a.

Such containers shall be located in rear yards and shall comply with the standard rear and side yard building setbacks as well as any applicable buffer requirements for the district. In addition, the coverage area of such containers in conjunction with the coverage area of permanent structures shall not exceed the overall building maximum coverage percentage of the zone in which the property is located.

b.

Storage containers and trailers used for storage shall be screened from any street line by buildings, fences, walls, landscaped berms or evergreen shrubs and trees. In addition, on portions of properties adjacent to any zone other than I-1 or I-2 zones, such containers shall also be screened by means of walls, berms, fences or evergreen plantings from properties in other zones.

c.

Such containers may not be placed in such a manner as to reduce the number of available parking spaces on the property to less than that required by these regulations.

d.

Such containers may not be placed on vacant lots or any property without a permanent principal structure.

e.

The Enfield Planning and Zoning Commission may allow temporary containers in industrial and business districts in conjunction with a site plan approval provided that the need for such temporary containers is identified during the review process and the location and timing are specified on the site plan.

f.

No hazardous material/waste may be permitted in a storage container unless specifically approved by the Enfield Planning and Zoning Commission after consultation with the fire marshall and/or North Central District Health Department.

B.

Temporary truck trailer storage:

i.

In all business and industrial districts, temporary truck trailer storage shall be restricted to a designated loading area. No such trailer shall be stored for more than seven consecutive days unless a temporary zoning permit is authorized by the planning director or his/her designee. No such permit shall be valid for more than 30 days and may not be renewed or reissued until 90 days have elapsed from the removal of the previously authorized trailer.

ii.

Retail sales are not permitted from a trailer unless specifically permitted elsewhere in these regulations.

iii.

A trailer used for these purposes shall be limited to a vehicle mounted on an axle with wheels that is capable of being transported on the public highways.

iv.

Any trailers authorized under this section shall be removed from the permitted site immediately upon the expiration of the permit.

v.

No hazardous material/waste may be stored in a storage container unless specifically approved after consultation with the fire marshall and/or North Central District Health Department.

C.

Temporary storage containers in residential zones: Storage containers in residential zones are allowed after issuance of a temporary zoning permit by the planning director or his/her designee subject to the following standards and conditions:

i.

The containers shall only be allowed for temporary storage in conjunction with a bona-fide moving operation; a remodeling job on the same premises for which a building permit has been issued; or to store items for a house that has been damaged by fire, explosion or natural disaster and is awaiting repairs.

ii.

Temporary permits shall expire after 30 days and may not be renewed or re-issued for the same premises until an additional 90 days have passed since the removal of the previous container except in the case of a fire reconstruction where the planning department may issue a permit that expires upon the issuance of a certificate of occupancy or 90 days, whichever is sooner. A resident may petition the Enfield Planning And Zoning Commission For A Permit for more than 30 consecutive days for other than fire reconstruction if the commission finds a particular situation warrants such a longer time frame.

iii.

The above notwithstanding, temporary permits may be issued for up to 60 days for containers that are to be used for temporary storage for a municipal uses such as schools, or libraries in residential zones. The Enfield Planning and Zoning Commission may approve a container for longer than 60 days if the commission finds a particular situation warrants such a longer time frame. (Added 04/19/10)

iv.

All temporary containers must be located behind the property line of the property on which they are located and in no case shall be allowed to obstruct any views of traffic from adjacent driveways or streets.

v.

Prior to the issuance of any permits, the fire marshall shall sign off on the location of the temporary container.

vi.

Containers must be removed immediately upon the expiration of the permit.

vii.

Temporary storage containers used in residential districts shall be limited to containers that are specifically constructed for such use. No part of an inoperable trailer, i.e. the box of a former trailer, shall be allowed as a temporary or permanent structure in residential districts.

3.40.1. General requirements.

A.

Any structure, lot or use legally existing at the time of the adoption of these regulations or any amendments thereto, which does not conform to the provisions of these regulations, shall be designated a non-conforming structure, non-conforming lot or non-conforming use. The rules in this Section shall apply to such non-conformities.

B.

Nothing in these regulations shall prevent the strengthening of or restoring to a safe condition of any portion of a non-conforming building or structure, or a building, containing a non-conforming use, which building or structure is declared unsafe by a proper authority. When such restoration involves changes to the exterior of a commercial or industrial building, site plan approval is required.

C.

No building, devoted to a non-conforming use shall be enlarged or extended unless the use therein is changed to a conforming use except in accordance with subsections (a) and (b) below:

The commission may approve

a)

a special permit to allow change to another non-conforming use after making the following findings:

i.

such change is more nearly conforming to these regulations; and,

ii.

such change is more compatible with abutting land uses.

b)

a special permit in accordance with the provision of section 3.40.1.D. (Amended 5/9/2016)

D.

The commission may hold a public hearing and review a special permit application for the expansion of an existing non-conforming use to extend or enlarge a non-conforming use or building.

The commission may approve such special permit, if it finds that the proposal is consistent with the goals of the plan of conservation and development and is in harmony with neighboring uses and will not be detrimental to the orderly development of adjacent properties. (Added 5/9/2016)

3.40.2. Non-conforming structures. Any building, or structure legally in existence at the time of the adoption or amendment of these regulations which does not comply with the minimum floor area, height, bulk, lot coverage, or other dimensional requirements of these regulations shall be considered a non-conforming structure. Such structures may continue to be used, subject to the following conditions:

A.

A non-conforming structure may be expanded, altered or extended provided such expansion, alteration or extension does not violate or further violate any of the height, bulk, setback or landscaping requirements for the zone in which it is situated. A non-conforming structure may not be moved to another lot or to another portion of the same lot except where such movement would be in compliance with all height, bulk, setback and landscaping requirements for the zone in which it is to be situated.

B.

A non-conforming structure or building may be repaired or maintained, however it may not be demolished and replaced by a new non-conforming structure except as provided for in this section.

C.

A non-conforming structure or building which is damaged or destroyed by fire, explosion or natural disaster may be reconstructed, repaired, or rebuilt only to its previous floor area, cubical content and exterior appearance provided such reconstruction or rebuilding is commenced within 12 months of such damage. Changes to the exterior appearance of a building, may be permitted following approval of a site plan by the commission when the commission determines that such change is more compatible with the surrounding neighborhood. (Amended 11/19/12)

3.40.3. Non-conforming lots.

A.

Any lot which does not conform to minimum area and frontage requirements for the current zone in which it is located shall be designated a non-conforming lot, providing such lot shall have been shown on map approved by the commission and filed in the office of the town clerk prior to the effective date of these regulations (January 31, 2002), or prior to the adoption of any amendment of these Regulations, which would otherwise make such lot unlawful, provided also that the subdivision has not expired as set forth in the Connecticut General Statutes or regulations or ordinance of the Town of Enfield.

B.

Only one single family dwelling and accessory buildings may be erected on a non-conforming lot located in a residential zone, except as stated below, provided all other requirements of the bulk standards of these regulations are complied with. The area or frontage of a non-conforming lot shall not be reduced.

3.40.4. Non-conforming uses.

A.

Any use of a building, or lot which was legally in existence prior to the adoption of these regulations (January 31, 2002), or amendments thereto, and is not permitted within the zoning district in which it is located shall be designated a non-conforming use. Such use may continue subject to paragraphs B, C, and D below, or be changed only to a conforming use, or be modified in accordance with section 3.40.1.C. above, but shall not be extended or expanded except by special permit in accordance with the provisions of section 3.40.1.D.

This prohibition shall include but not be limited to the following:

i.

The expansion of floor area, volume area or lot area dedicated to such non-conforming use;

ii.

The expansion of operating hours of a non-conforming use which results in a change of nature of such use; and

iii.

The addition of new facilities, equipment, products or services to a non-conforming use which results in a change of nature of such use. (Amended 5/9/2016)

B.

No non-conforming use shall, if once changed to a conforming use, be changed back to such non-conforming use.

C.

A building, or structure containing a non-conforming use, with the exception of a residential use in a business or industrial district, may be maintained or repaired provided no structural alterations are made. No such building or structure containing a non-conforming use shall be demolished and replaced by a new building or structure except where the use is changed to a conforming use or except as otherwise provided for in this section.

D.

A building, or structure containing a non-conforming use which is damaged or destroyed by fire, explosion or natural disaster may be reconstructed, repaired, or rebuilt only to its previous floor area, cubical content and exterior appearance provided such reconstruction or rebuilding is commenced within 12 months of such damage. Changes to the exterior appearance of a building may be permitted following approval of a site plan by the commission when the commission determines that such change is more compatible with the surrounding neighborhood. (Amended 11/19/12)

E.

Structural alterations which do not materially alter the characteristics or exterior appearance of a building, containing a non-conforming use may be made provided that the total costs of such alterations do not exceed 50 percent of the assessed valuation of such building at the time it becomes non-conforming;

F.

Structural alterations which alter the characteristics or exterior appearance of a building, containing a non-conforming use or alterations which exceed 50 percent of the assessed valuation of such building at the time it becomes non-conforming may be allowed provided a site plan is approved by the commission.

3.40.5. Abandonment (Amended 11/19/12). No non-conforming use which has been abandoned shall be thereafter resumed. A non-conforming use shall be considered abandoned when there is an actual cessation of such use coupled with the intent not to put the premises again to the same use