Greenwich Town City Zoning Code
ARTICLE X
Nonconforming Uses, Structures and Lots
§ 190-74 Continuation and prior approval.
The use of land, buildings or structures lawful at the time of adoption or subsequent amendment of this chapter may continue although such use does not conform to the provisions of this chapter. Nothing herein contained shall require any change in the plans, construction or designated use of a building or parcel complying with previous laws or for which a final permit had been duly granted prior to the date of adoption of this chapter or any applicable amendment thereto.
§ 190-75 Change of use; repairs, maintenance, and structural additions.
Except as provided herein, no nonconforming uses or structure may be enlarged, extended, reconstructed, substituted or structurally altered.
A.
Change of use.
(1)
A nonconforming use may not be changed into another nonconforming use.
(2)
A nonconforming use may be changed into a conforming use in accordance with this chapter.
B.
Repairs, maintenance and structural additions.
(1)
Nonconforming uses.
(a)
Normal maintenance, repairs and alterations incidental to a building or other structure containing a nonconforming use are permitted, provided that they do not extend the area or volume of space occupied by the nonconforming use. If the building or structure containing the nonconforming use needs to be replaced for the reasons set forth in Subsection B(2)(b) below, the provisions set forth herein shall apply.
(b)
A building or other structure containing residential nonconforming uses may be altered in any way to improve interior livability, provided that no alterations shall be made which would increase the number of dwelling units or square footage.
(2)
Nonconforming structures.
[Amended 9-6-2012 by L.L. No. 3-2012]
(a)
A nonconforming structure may be the site of a minor exterior structural addition or alteration (defined as an unenclosed porch, deck, stairway or other similar facility), provided that such proposed construction conforms in all respects to the affected district's height, setback and yard requirements and does not increase the degree of any yard, bulk, parking or other nonconformity of the existing property.
(b)
A nonconforming structure which houses a conforming or nonconforming use which has deteriorated (through the normal use or age of that structure) to a point where the structure needs to be replaced in order to ensure that the health, safety and general welfare of the occupants is safeguarded, or if the cost of maintenance and repair of the structure is not cost effective, may be replaced, provided that there is no increase in any nonconformity by the replacement. A structure of larger size may be placed on the same footprint after a site plan review by the Planning Board. It is the owner's responsibility to provide documentation of existing nonconforming conditions prior to securing a zoning compliance certificate from the Code Enforcement Officer. Failure to notify the Code Enforcement Officer prior to demolition shall constitute abandonment of the nonconforming structure, and any new structure must be in compliance with all current regulations, unless a variance is received.
§ 190-76 Termination of nonconforming uses.
[Amended 9-6-2012 by L.L. No. 3-2012]
A.
Abandonment. The discontinuance of a nonconforming use for a period of one year shall be considered abandonment thereof, and such nonconforming use shall not be revived.
B.
Change of use. The change of a nonconforming use to a more restricted or conforming use for any period of time shall be considered abandonment thereof, and such nonconforming use shall not be revived.
§ 190-77 Damage or destruction.
A.
Partial damage.
(1)
Where any nonconforming structure or use is partially damaged or destroyed, other than by demolition, to the extent of 50% or less of the cost of replacement of the entire structure new, the proof to be supplied by the applicant in written estimate form of replacement value and work to be done by a minimum of two reputable agencies, repairs may be made to reconstruct the structure as it existed prior to the damage. No repairs or restorations shall be made which increase the degree of any yard, bulk, parking or any other nonconformity existing prior to the damage.
(2)
In the event that a structure remains vacant due to partial damage, the owner or agent shall have one year to receive a building permit. In the event that the building remains vacant for one year without the issuance of a building permit, it shall constitute an abandonment as regulated under § 190-76 and shall not be restored. Proof of proper application within allowable time periods shall be the responsibility of the applicant.
B.
Substantial damage or destruction. In the event that any nonconforming structure or use is substantially damaged or destroyed, by any means other than demolition, to the extent of more than 50% of the cost of replacement of such structure new, proof should be supplied by the applicant in written estimate form of replacement value and work to be done by a minimum of two reputable agencies. Such structure shall not be restored unless, if within six months after the substantial damage, the owner of said nonconforming use notifies the Code Enforcement Officer, in writing, of his intent to restore said nonconforming use substantially to the conditions existing prior to the disaster. It is the owner's responsibility to provide documentation of existing nonconforming conditions prior to the disaster to satisfy the Code Enforcement Officer. In that instance, the Code Enforcement Officer shall permit the issuance of a building permit within 30 days of receipt of the written notice of intent for such substantial restoration without further action. Restoration under this section shall be commenced within six months of the date of issuance of a building permit, and restoration shall be completed within one year of the issuance of the building permit. In the event that the Code Enforcement Officer is not notified of the intent to restore the nonconforming use within the time limit stated, such structure shall not be restored unless the structure and use thereof shall conform to all current regulations of this chapter.
[Amended 7-13-2010 by L.L. No. 1-2010]
C.
Demolition. Except as provided in § 190-77B, where any nonconforming structure or use is partially or substantially damaged or destroyed by demolition, repairs may not be made to reconstruct the nonconforming use as it existed prior to the damage. Any and all restoration shall conform to all current regulations of this chapter.
§ 190-78 Nonconforming lots.
[Amended 9-6-2012 by L.L. No. 3-2012; 12-28-2016 by L.L. No. 1-2017]
A.
Single unimproved lots. A nonconforming lot held in single ownership as of the date of adoption of this chapter, which is not contiguous with another lot owned by the same party, may be used as if it were a conforming lot, provided that all of the following conditions are met:
(1)
The proposed use is permitted by current regulations of the particular district.
(2)
The lot conforms spatially to all requirements of the particular district for the use for which it is proposed, except for frontage and depth, or a variance has been obtained from the Zoning Board of Appeals.
(3)
The use conforms to all other applicable local and state land use regulations.
B.
A required yard setback may be reduced to reflect the extent of the nonconformity in lot width. That is, a nonconforming lot that provides 90% of the lot width required in a zoning district would have the yard setbacks reduced by up to 10%.
C.
Multiple unimproved lots. Two or more contiguous, unimproved nonconforming lots held in the same ownership of record as of the date of adoption of this chapter shall be combined to the extent necessary to comply with the space and bulk regulations of the district in which they are located and thereafter shall be considered under the provisions of § 190-78A. This shall include unimproved nonconforming lots contiguous to improved nonconforming lots held in the same ownership of record.
D.
Lots within approved subdivisions.
(1)
Any lot in a subdivision whose final plat has been approved by the Planning Board and properly filed with the officer of the county prior to passage of this chapter with an area of less than the specified minimum lot requirements of this chapter for that district but in compliance with the minimum standards set forth in § 190-9, other than the lot size, may be considered in compliance with this chapter, and no variance shall be required.
(2)
Any lot in a subdivision whose final plat has been approved by the Planning Board and properly filed with the officer of the county prior to the passage of this chapter, with an area of less than the specified minimum lot requirement of this chapter and not in compliance with the minimum standards set forth in § 190-9 shall be exempt from compliance with such revised minimum lot requirements after the filing of the subdivision plat or first section thereof, except that any construction shall comply with the setback requirements of the district in which it is located.