Hudson City Zoning Code
ARTICLE VIII
Nonconforming Uses, Structures and Lots
§ 334-28 General requirements.
Any lawful use of land or buildings rendered nonconforming by the initial adoption of this chapter (in 1942) or by any subsequent amendments to the chapter may be continued, and any use of land or buildings permitted under a variance granted by the Zoning Board of Adjustment may be continued in conformity with any conditions or requirements imposed by the Zoning
Board of Adjustment although such use does not otherwise conform to the requirements of this chapter.
§ 334-29 Extension or enlargement of nonconforming uses.
A nonconforming use shall not be extended or enlarged, except by variance.
§ 334-30 Changes to or discontinuance of nonconforming uses.
A nonconforming use may not be changed to another nonconforming use. If an existing nonconforming use is discontinued, lapses or is abandoned for a continuous period of 12 months, any subsequent use of such land or building(s) shall conform to the terms of this chapter.
§ 334-31 Alteration and expansion of nonconforming structures.
[Amended 3-13-2001 by Amdt. No. 4; 3-9-2004; 3-11-2025 by Amdt. No. 26]
A.
A nonconforming structure may not be altered or expanded, except by variance. A nonconforming structure may be altered, reconstructed, externally, or structurally modified, provided that such alterations, reconstruction, extension, or structural modification does not make any portion or portions of the existing structure more nonconforming. A nonconforming structure cannot be reconstructed after demolition, except when the structure was demolished by an act of God, fire or flood or is found unsafe as determined by the Building Inspector or his/her designee. A nonconforming building or a building occupied by a nonconforming use may be strengthened and made safe.
B.
General - One (G-1) District. Any structure located in the G-1 District that was lawfully occupied upon the posting of the adoption of the regulations for the G-1 District (October 27, 2000) shall be deemed a conforming structure for the purpose of this chapter.
§ 334-32 Nonconforming lots.
[Amended 3-4-2000; 3-13-2018 ATM by Amdt. No. 3]
A nonconforming lot is a lot lawfully existing at the effective date of this chapter, or any subsequent amendment thereto, which is not in conformity with all provisions of this chapter. Notwithstanding the minimum lot area requirements set forth in Article VII, § 334-27, Table of Minimum Dimensional Requirements, in any district in which structures are permitted, a structure may be erected on a lot which is a lot of record, even though such lot fails to meet the present requirements for frontage or area, or both, that are applicable for that use in the district allowed; provided that the property is either on Town sewer or the property owner obtains a state and/or municipal septic permit, and further provided that the zone's minimum front, side and back yard setbacks are satisfied. Where a question exists to the applicability of this section the Zoning Administrator shall make any administrative determination with reference to RSA 674:39-a and 674:39-aa.