Killingworth City Zoning Code

Change to a different nonconforming use. A nonconforming use of any land or improvement may not be changed to a different nonconforming use.

Change to a different nonconforming characteristic or magnitude. A nonconforming characteristic of any land or improvement may not be changed to a different nonconforming characteristic or increased in numerical magnitude.

No use of any land or improvement having a nonconforming characteristic, and no improvement having a nonconforming characteristic, shall be enlarged, increased in height, extended or expanded except in conformity with these regulations.

No nonconforming use or characteristic of any land or improvement shall be enlarged, extended or expanded.

Completing the enclosure of an existing permanently roofed porch, without changing its size or shape, shall not be considered an extension or expansion of a nonconforming use or improvement.

Casualty. Any building or structure containing a nonconforming use, which has been destroyed or damaged by fire, explosion, flood, or any act of God or public enemy, may be restored to the same dimensions, floor area and cubic volume lawfully existing immediately prior to such damage or destruction, provided such restoration is commenced within one year, and completed within two years of such damage or destruction.

Substitution. Any nonconforming use may be replaced with another nonconforming use, as a special exception in accordance with Article XXXVI of these regulations, provided that such replacement use is consistent with the public health, safety and welfare; with the character of the neighborhood, adjacent properties and zones; with the appropriate and orderly development of the neighborhood, adjacent properties, and zones; and provided, further, that such replacement use creates no greater impact on the property, the neighborhood, adjacent properties and zones, in terms of parking, volume and types of traffic, property values, hours of operation, exterior appearance of the building, structure or lot, or any other factors to be considered by the Commission pursuant to Article XXXVI of these regulations.

Voluntary abandonment. Any person who has the right of reestablishment or reconstruction as provided in this section may elect voluntarily to abandon such right, in which case the right shall cease to exist. Such abandonment must be evidenced by a document filed in the Land Records of the Town of Killingworth.

Signs. Any sign;

Building. The construction or use of any building for residence purposes;

Waste material. The use of any land for the storage or keeping of any material described in Article XXI;

Vehicles. The parking or storage of any commercial motor vehicles; or

Alcoholic beverage. The service or the sale of alcoholic beverages, unless such use or improvement itself is a nonconforming one or conforms to these regulations.