Haddam City Zoning Code
ARTICLE XXXII
Nonconforming Buildings and Uses
§ 270-185 Nonconforming lots of record.
A.
In any zone in which single-family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date or amendment of these regulations. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. This provision shall apply even though such lot fails to meet the requirements for area, or width, or both. The lot shall conform to the regulations for the zone in which such lot is located. Variance of yard requirements shall be obtained only through action of the Zoning Board of Appeals.
B.
If two or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of these regulations, and if all or part of the lots do not meet the requirements established for lot width and area, the lands involved shall be considered to be an undivided parcel for the purposes of these zoning regulations. In such instances, compliance with lot width and area requirements established by the zoning regulations is not required; however, no division of any parcel shall be made which creates a lot with width or area below the requirements stated in the zoning regulations.
§ 270-186 Nonconforming uses of land (or land with minor structures only).
Where, at the time of passage of these regulations, lawful use of land existed which would not be permitted by the requirements imposed by the zoning regulations and where such use involves no individual structure with a replacement cost exceeding $1,000, the use may be continued so long as it remains otherwise lawful, provided no such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date or amendment of these regulations.
§ 270-187 Discontinuance.
If at any time and for any reason a property owner demonstrates an intent to abandon or cease any such nonconforming use of land, any subsequent use of such land shall conform to the requirements specified in the zoning regulations for the zone in which such land is located.
§ 270-188 Erection of additional nonconforming structures prohibited.
No additional structure not conforming to the requirements of the zoning regulations shall be erected in connection with such nonconforming use of land.
§ 270-189 Nonconforming uses of structures or of structures and premises in combination.
If lawful use involving individual structures with a replacement cost of $1,000 or more, or of structures and premises in combination, exists at the effective date of adoption or amendment of these regulations that would not be allowed in the zone under the terms of these regulations, the lawful use may be continued so long as it remains otherwise lawful, including subsequent sales of the property, subject to the following provisions.
§ 270-190 Expansion.
If any existing structure devoted to a use not permitted by these regulations in the zone in which it is located is proposed to be enlarged, extended, constructed, reconstructed, moved or structurally altered, except in changing the use of the structure to a use permitted in the zone in which it is located, then such enlargement, extension, construction, reconstruction, move or structural alteration is subject to approval or denial by the Zoning Board of Appeals.
§ 270-191 Limitation on expansion.
A.
Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of these regulations, but extension of such use is subject to approval or denial by the Zoning Board of Appeals.
B.
No expansion of a nonconforming use or structure, or combination thereof, shall exceed the boundaries (premises) occupied at the effective date or amendment of these regulations.
§ 270-192 Change of use.
If no structural alterations are made, any nonconforming use of a structure, or structure and premises, may be changed to another nonconforming use, provided that the Zoning Board of Appeals, either by general rule or by making findings in the specific case, shall find that the proposed use is equally appropriate or more appropriate to the zone than the existing nonconforming use. In permitting such changes, the Zoning Board of Appeals may require appropriate conditions and safeguards in accord with the provisions of the zoning regulations.
§ 270-193 Change to conforming use.
Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use shall thereafter conform to the regulations for the zone, and the nonconforming use may not thereafter be resumed.
§ 270-194 Restoration.
Where nonconforming use status applies to a structure or to a structure and premises in combination, voluntary removal or destruction of the structure shall eliminate the nonconforming status of the land.
§ 270-195 Repairs and maintenance.
On any nonconforming structure or portion of a structure containing a nonconforming use, work may be done on ordinary repairs.
§ 270-196 Replacement following involuntary destruction.
Nonconforming structures and buildings cannot be replaced after involuntary destruction if the degree of such destruction exceeds 50% of the structure.