Manchester City Zoning Code
NONCONFORMING USES
STRUCTURES, AND LOTS
§ 151.185 INTENT.
Certain existing lots, structures, and uses of lots and structures were lawful before this chapter was adopted, but have become nonconformities under the terms of this chapter and its amendments. It is the intent of this chapter to permit the nonconformities to remain until they are discontinued or removed, but not to encourage their survival or, where discontinuance or removal is not feasible, to gradually upgrade the nonconformities to conforming status. Nonconformities shall not be enlarged, expanded, or extended, except as provided herein, and shall not be used as grounds for adding other structures and uses of lots and structures which are prohibited. Nonconformities are declared by this chapter to be incompatible with the structures and uses permitted in the various districts.
(Ord. 239, passed 3-5-2001, § 10.1) Penalty, see § 151.999
§ 151.186 NONCONFORMING LOTS.
(A) In any district in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this chapter, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of this chapter. This provision shall apply even though the lot fails to meet the requirements for area or width, or both, that are generally applicable in the district; provided that yard dimensions and other requirements not involving area or width, or both, of the lots shall conform to the regulations for the district in which the lot is located.
(B) If 2 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 this chapter, and if all or part of the lots do not meet the requirements for lot width and area as established by this chapter, the lands involved shall be considered to be an undivided parcel for the purpose of this chapter, and no portion of the parcel or lot shall be used or sold which does not meet lot width and area requirements established by this chapter, nor shall any division of the parcel or lot be made which leaves remaining any parcel or lot with width or area below the requirements stated in this chapter.
(Ord. 239, passed 3-5-2001, § 10.2) Penalty, see § 151.999
§ 151.187 NONCONFORMING USES OF LAND.
(A) Where, at the effective date of adoption or amendment of this chapter, lawful use of land exists that is made no longer permissible under the terms of this chapter as enacted or amended, the use may be continued, so long as it remains otherwise lawful, subject to the following provisions.
(B) (1) No nonconforming uses shall be enlarged or increased, or extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this chapter.
(2) No nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by the use at the effective date of adoption or amendment of this chapter.
(3) If the nonconforming use of land ceases operation with the intent of abandonment for a period of more than 6 months, any subsequent use of the land shall conform to the regulations specified by this chapter for the district in which the land is located.
(Ord. 239, passed 3-5-2001, § 10.3) Penalty, see § 151.999
§ 151.188 NONCONFORMING STRUCTURES.
(A) Where a lawful structure exists at the effective date of adoption or amendment of this chapter that could not be built under the terms of this chapter by reason of restrictions on area, lot coverage, height, yards, or other characteristics of the structure or its location on the lot, the structure may be continued so long as it remains otherwise lawful, subject to the following provisions.
(B) (1) No structure may be enlarged or altered in a way which increases its nonconformity.
(2) Should the structure be destroyed by any means to an extent of more than 50% of replacement value at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this chapter.
(3) Should the structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.
(Ord. 239, passed 3-5-2001, § 10.4) Penalty, see § 151.999
§ 151.189 NONCONFORMING USES OF STRUCTURES AND LAND.
(A) If a lawful use of a structure, or of structure and land in combination, exists at the effective date of adoption or amendment of this chapter that would not be allowed in the district under the terms of this chapter, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions.
(B) (1) No existing structure devoted to a use not permitted by this chapter in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved, or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located.
(2) Any nonconforming use may be extended throughout any part of a building which was manifestly arranged or designed for the use, and which existed at the time of adoption or amendment of this chapter, but no use shall be extended to occupy any land outside the building.
(3) 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 pertaining to the uses permitted in the district in which the structure is located, and the nonconforming use may not thereafter be resumed. Sections 151.188 and 151.999 of this section shall apply to any nonconformity relating to the structure(s).
(4) If the non-conforming use of land and structures ceases operation with the intent of abandonment for a period of more than 6 months, any subsequent use of the land shall conform to the regulations specified by this chapter pertaining to the uses permitted in the district in which the land is located. Structures occupied by seasonal uses shall be excepted from this provision only so long as seasonal uses shall continue.
(5) Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land.
(6) (a) If no structural alterations are made, any nonconforming use of structure, or structure and premises, may be changed to another nonconforming use of the same or a more restricted classification provided that the 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 district than the existing nonconforming use.
(b) In permitting the change, the Board of Appeals may require appropriate conditions and safeguards in accord with the purpose and intent of this chapter.
(c) Where a nonconforming use of a structure, land, or structure and land in combination is hereafter changed to a more restrictive classification, it shall not thereafter be changed to a less restricted classification.
(Ord. 239, passed 3-5-2001, § 10.5) Penalty, see § 151.999
§ 151.190 REPAIRS AND MAINTENANCE.
(A) On any building devoted in whole or in part to any nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring, or plumbing to an extent not exceeding 50% of the replacement value of the building, provided that the cubic content of the building as it existed at the time of passage or amendment of this chapter shall not be increased.
(B) (1) A nonconforming structure, nonconforming portion of a structure, or a structure containing a nonconforming use which is physically unsafe or unlawful due to lack of repairs and maintenance as determined by the Building Official may be restored to a safe condition.
(2) Where enlargement or structural alternation is necessary to allow compliance with health and safety laws or ordinances, the cost of the work shall not exceed 25% of the structure's fair market value, as determined by the Assessor at the time the work is done.
(Ord. 239, passed 3-5-2001, § 10.6) Penalty, see § 151.999
§ 151.191 USES ALLOWED AS CONDITIONAL APPROVAL USES, NOT NONCONFORMING USES.
Any use for which conditional approval is permitted as provided in this chapter shall not be deemed a nonconforming use, but shall without further action be deemed a conforming use in the district.
(Ord. 239, passed 3-5-2001, § 10.7)
§ 151.192 CHANGE OF TENANCY OR OWNERSHIP.
There may be a change of tenancy, ownership, or management of any existing nonconforming uses of land, structures, and premises provided there is no change in the nature or character of the nonconforming uses except in conformity with the provisions of this chapter.
(Ord. 239, passed 3-5-2001, § 10.8)