Groton City Zoning Code
§ 218-5.7
Nonconformance.
A.
The lawful existing use or uses of all buildings, improvements and premises not conforming with the requirements for the district in which they were located when this chapter was adopted or when an amendment applicable to the property was adopted or for which a variance has been permitted by the Board of Appeals may be continued as a nonconforming use.
B.
Nonuse. Wherever a nonconforming use or structure has not been used for a period of more than two years, it shall not be reestablished, and any future use or structure shall conform to this chapter.
C.
Restoration. Any reconstruction or repair of a partially destroyed or damaged nonconforming structure or structure which contains a nonconforming use shall be commenced within two years of such destruction or damage and the reconstruction or repair completed and the structure occupied within a reasonable time thereafter.
D.
Conversion. Any conversion of any nonconforming use to a conforming use shall be subject to the requirements for such uses in the district in which the use is located and, once changed, shall not thereafter revert to the nonconforming use.
E.
Alteration or extension.
(1)
A nonconforming structure or use may be altered or extended, provided that such alteration or extension is in accordance with the applicable intensity regulations or other dimensional requirements of this chapter and does not increase the extent of the nonconformity, and provided further that the Board of Appeals determines by the grant of a special permit that such alteration or extension is not substantially more detrimental to the neighborhood than the existing nonconforming structure or use, except that no special permit is needed if the alteration is to a nonconforming single- or two-family dwelling and said alteration does not increase the nonconforming nature of the dwelling. Notwithstanding § 218-5.7B, a structure which was used as a single- or two-family residential structure shall be eligible for treatment as a nonconforming structure hereunder regardless of any period of nonuse.
(2)
Alteration, reconstruction, extension or structural change (collectively "alteration") to a nonconforming single- or two-family residential structure shall not be considered an increase in the nonconforming nature of the structure and shall be permitted by right under the following circumstances:
(a)
Normal repairs or replacement of parts of any nonconforming structure, provided that such repair or replacement does not constitute an extension of a nonconforming use of such structure.
(b)
Alteration to a conforming structure where the alteration will also comply with all applicable sections of the zoning bylaw in effect at the time of building permit application, including, but not limited to, setback, yard building coverage and height requirements, if the existing structure is located on a lot which is nonconforming as the result of a zoning change.
(c)
Alteration within the existing footprint of a nonconforming structure.
(d)
Alteration to a nonconforming structure where the alteration will comply with all applicable sections of the zoning bylaw in effect at the time of building permit application, including, but not limited to, setback, yard building coverage and height requirements.
(3)
In cases where the applicant seeks to increase the height of any structure that encroaches on a required setback, where any increase in height will occur within such encroachment, there shall be no alteration as of right under this section.