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Fair Haven City Zoning Code

§ 30-7.3

Nonconforming Uses, Buildings and Structures.

[2002 Code § 16.28.030; Ord. 434A § 4; Ord. No. 7-11-05B; Ord. No. 10-24-05F]
Except as otherwise provided in this chapter, the lawful use of the land or a building existing at the date of the adoption of this chapter may be continued although such use or building does not conform to the regulations specified by this chapter for the zone in which such land or building is located; provided, however, that:
a. 
No nonconforming lot shall be further reduced in size.
b. 
No nonconforming building or structure shall be enlarged, extended, or increased unless such enlargement is conforming and in accordance with the provisions of paragraph h of this subsection on nonconforming structures.
c. 
No nonconforming use may be expanded.
d. 
Abandonment of Nonconforming Use. A nonconforming use shall be deemed to be abandoned where there is (1) an intention to abandon as well as (2) an external act (or omission to act) by which such intention is carried into effect.
It shall be prima facie evidence that a nonconforming use has been abandoned when there occurs a cessation of such use on the part of a tenant or owner for a continuous period of at least one year.
When a nonconforming use has been abandoned, such use shall not thereafter be reinstated and any structure shall not thereafter be reoccupied, except in conformance with this chapter.
e. 
Restoration of a Nonconforming Structure. If any nonconforming structure shall be more than partially destroyed, then the structure may not be rebuilt, restored, or repaired, except in conformity with this chapter.
Destruction to the extent that rebuilding, repair or restoration requires removal or demolition of any remaining portions of the damaged part of the structure such that the only major components of the original structure utilized in such building, repair or restoration are the foundation or exterior walls shall be prima facie evidence that the structure has been more than partially destroyed.
Nothing in this chapter shall prevent the strengthening or restoring of any portion of a structure which has been declared unsafe by the Construction Official.
f. 
Certification of Preexisting Nonconforming Uses, Buildings and Structures. Upon application, the Administrative Officer (Zoning Officer), or the Board of Adjustment may issue a certificate in accordance with subsection 30-3.4d, certifying the legality of a preexisting nonconforming use, building, or structure.
g. 
Alterations of Nonconforming Buildings or Structures. Alterations, as applied to a nonconforming building or structure, shall include only a change or rearrangement of interior partitions, the structural supports or a change in exterior appearance.
A nonconforming building or structure may be altered, provided that the cost of alterations does not exceed, in the aggregate, 50% of the assessed value of the structure as recorded in the records of the Tax Assessor. More substantial alternatives are not permitted unless the building or structure is changed to conform to the requirements of this chapter.
h. 
Nonconforming Lots, Buildings, and Structures.
1. 
No vacant nonconforming lot shall be used except as provided in this section. No nonconforming building or structure shall be extended or increased unless the enlargement is conforming and meets the requirements set forth in this section.
2. 
A vacant nonconforming lot may not be used for any purpose unless:
(a) 
The proposed use and all existing uses is/are permitted principal of accessory use(s).
(b) 
The development complies with all other regulations of the zone.
(c) 
Other than the minimum lot area, the lot conformed to the zoning standards in effect immediately prior to the adoption of the ordinance codified in this chapter.
(d) 
The owner of the lot did not own any adjacent lot or lots at the time of or since the adoption of this ordinance.
3. 
Principal or accessory buildings or structures may not be constructed on nonconforming lots and/or on lots which contain a nonconforming principal building or structure unless:
(a) 
Existing and proposed buildings or structures will be used for a permitted principal building or accessory use.
(b) 
The development complies with all other regulations of the zone.
(c) 
The new structure or building conforms to all building requirements of this chapter, and will not result in the creation of any nonconformity related to the aggregate of all buildings or structures.
(d) 
The owner of the lot did own any adjacent lot or lots at the time of or since the adoption of this ordinance.
4. 
A nonconforming building or structure may not be enlarged, extended, increased in height, width, or depth; moved or relocated unless:
(a) 
The proposed use and all existing use(s) is/are permitted principal or accessory use(s).
(b) 
The enlargement, extension or addition conforms to all building requirements, and will not result in the creation or extension of any nonconformity related to the aggregate of all structures or buildings.
(c) 
The enlargement, extension, or addition does not exceed, in the aggregate, 50%, or the existing building coverage or structure coverage of the nonconforming building or structure that is to be extended.
i. 
Construction, alteration or expansion ("proposed work") of a nonconforming structure shall be permitted, and a Development Permit shall be issued by the Zoning Officer provided that:
1. 
The proposed work complies with all other regulations in the zone.
2. 
The proposed work does not increase, exacerbate, or change the specifics of any existing nonconformity.
3. 
The proposed work does not add volume to the structure outside the permitted setback lines within the zone in which the property is located.
4. 
The proposed work complies with all other regulations of the zone.
j. 
Prior Approved Construction. Nothing herein contained shall require any change in plans, construction or designated use of a building for which a building permit has been hereto before issued and the construction of which shall have been diligently prosecuted within the three months of the date of such permit, and the ground story framework or which, including the second tier of beams, shall have been completed within six months of the date of the permit, and which entire building shall be completed according to such plans as filed within one year from the date of the adoption of the ordinance codified in this chapter.
k. 
District Changes. Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another district of a different classification, the provisions of this chapter shall also apply to any nonconforming uses existing therein or created thereby.