Mansfield City Zoning Code
ARTICLE 7
Non-Conforming Lots, Buildings, Structures, Uses or Site Improvements
§ 190-50 Applicability.
This Article applies only to those uses, lots, buildings, structures or site improvements that legally were in existence prior to the effective date of these regulations but do not conform with current regulations. Except as otherwise provided for in these regulations, the lawful use of any property, building, structure or site improvement that existed prior to the effective date of these Regulations may be continued, even though such use, lot, building, structure or site improvements do not conform to the current provisions of these Regulations. The effective date of these Regulations shall include the effective date of any amendments, which cause the subject use, lot, building, structure or site improvement to become nonconforming. (See § 190-96, Effective date).
§ 190-51 Non-conforming lots (including merger provision).
Any lot of record which does not meet the minimum lot area or frontage requirements of the Schedule of Dimensional Requirements may be used, provided all of the following conditions are met:
A.
The subject lot is included within a subdivision plan given final approval by the Commission and filed on the Mansfield Land Records and/or the subject lot was identified by a deed filed on the Mansfield Land Records on or before the effective date of the specific zoning requirements, which make the subject lot non-conforming.
B.
Prior to April 28, 1959, the owner of said lot did not own adjacent land, which could be merged with the subject lot to create a conforming lot. Wherever adjacent non-conforming lots were in the same ownership prior to April 28, 1959, they shall be considered merged for zoning purposes, thereby creating a more conforming situation. This merger provision shall not apply to subdivision lots given final approval by the Commission and filed on the Mansfield Land Records or to non-conforming lots that, prior to April 28, 1959, were clearly separated from adjacent lots by physical acts of the property-owner, thereby creating separate lot identities. If questions arise regarding this regulation, the Commission shall determine the applicability of this section.
§ 190-52 Non-conforming buildings, structures or site improvements.
A.
Maintenance/repair/reconstruction. Maintenance, repair or reconstruction of non-conforming buildings, structures or site improvements is permitted, provided the degree of non-conformity is not increased and provided no new non-conformities are created.
B.
Expansions/alterations. Non-conforming buildings, structures or site improvements, with the specific exception of non-conforming signs, that are associated with a conforming use may be expanded or altered in dimension, provided:
(1)
All applicable dimensional requirements of these regulations are met for the expanded or altered portion of the building, structure or site improvement; or
(2)
The expanded or enlarged portion of the building, structure or site improvement does not extend further into the required side or rear yards; is not closer to the front line, and is no greater in height than the existing building or structure; or
(3)
Special exception approval is granted by the Zoning Board of Appeals for expanded or altered portions of the building, structure or site improvement not meeting applicable dimensional requirements or the exceptions noted above in Subsection B(1) and (2). In reviewing a request for a special exception under this section, the Zoning Board of Appeals shall determine that the proposed expansion of the non-conforming building, structure or site improvement will not adversely affect the pattern of development of or property values of neighboring properties or adversely affect the general health, welfare or safety of the Town.
(4)
As applicable, the requirements of § 190-60 (Historic Village Areas) and Article 10 (Flood Hazard Zones) shall be met.
NOTE: In situations where the "non-conformity" of the existing building, structure or site improvement was created by an action of the Zoning Board of Appeals through the granting of a variance, any additional expansion/alteration which will result in further increasing the degree of non-conformity shall require additional Variance approval from the Zoning Board of Appeals, pursuant to the provisions of § 190-89A(3), and shall not be considered as a special exception under Subsection B(2) (above).
D.
Damage or destruction of a non-conforming building. If a non-conforming building utilized for a conforming use is damaged by fire or an act of God, such building may be repaired, provided the reconstruction does not exceed the original area or degree of non-conformity. Otherwise, said building shall be reconstructed in accordance with the current dimensional requirements of these Regulations.
§ 190-53 Non-conforming uses.
A.
Maintenance/repair/internal alterations. Normal maintenance, repair or internal alterations of a building occupied by a non-conforming use are permitted. However, extensions, enlargements or changes in non-conforming uses are not permitted except as provided for in these regulations.
B.
Changes in non-conforming uses. Any changes from one non-conforming use to another non-conforming use requires special permit approval of the Commission, as per the provisions of § 190-74. Except as noted below, the proposed new use must be included as a permitted use within the same zone classification that permits the existing use and, in Flood Hazard Zones, the new use must comply with the provisions of Article 10. In situations where the existing use is no longer a permitted use in any zone, the proposed new use must be considered less intensive than the existing use in overall land use impacts, including traffic and environmental impacts and impacts on neighboring land uses.
C.
Extensions, enlargements or additional non-conforming uses.
(1)
Residential (extensions or enlargements). Except for trailers and mobile manufactured homes which are regulated by § 190-26, or existing non-conforming multi-family residences which shall be regulated by Subsection C(2) below, an existing residential non-conforming use and associated buildings, structures or site improvements may be extended or enlarged, provided special exception approval is granted by the Zoning Board of Appeals. In reviewing a request for special exception under this section, the Zoning Board of Appeals shall determine that:
(a)
The proposed extension or enlargement will not adversely affect the established development patterns of the surrounding area or property values of neighboring properties or adversely affect the general health, welfare or safety of the Town;
(b)
The applicant provides evidence of general neighborhood opinion of his proposal;
(2)
Extensions or enlargements of non-conforming multi-family residences or non-residential non-conforming uses/additional non-conforming uses. Except for the provisions of Subsection C(1) above, an existing non-conforming use and associated buildings, structures or site improvements may be extended or enlarged and/or modified by the addition of one or more new non-conforming uses, provided special permit approval of the Commission is obtained in accordance with § 190-74. Except as noted below, the proposed new use must be included as a permitted use within the same zone classification that permits the existing use, and, in Flood Hazard zones, the new use must comply with the provisions of Article 10. In situations where the existing use is no longer a permitted use in any zone, it may be extended or enlarged with special permit approval, but any proposed additions of new non-conforming uses must be considered less intensive than the existing use in overall land use impacts, including traffic and environmental impacts and impact on neighboring land uses.
D.
Damage or destruction of a non-conforming use. If a building occupied by a non-conforming use is damaged by fire or act of God, such building may be repaired and such use resumed provided the reconstruction does not exceed the original area or (where applicable) degree of dimensional non-conformity, and provided reconstruction commences within one year and is completed within two years after such damage. Otherwise, said building shall be occupied by a conforming use and (where applicable) said building shall be reconstructed in accordance with the current dimensional requirements of these regulations.
E.
Discontinuance/abandonment of a non-conforming use. Any non-conforming use which has been willfully terminated or replaced shall be deemed to be abandoned. Any non-conforming use shall not be considered terminated solely as a result of non-use for a specified period of time without regard to the intent of the property-owner to maintain that use.
F.
New non-conforming uses. Except as provided for in this Article, the initiation of any new uses that do not conform with the permitted use provisions of these Regulations shall be prohibited. Unless otherwise provided for, new non-conforming uses shall not be authorized by the Zoning Board of Appeals.
G.
Revisions/modifications. In situations where a special permit has been granted pursuant to Subsection B or C of this section of the Regulations, the Commission shall have the authority to approve revisions or modifications in accordance with the provisions of § 190-74I. In considering any revision/modification request involving a non-conforming use, the Commission shall take into account all approval conditions, as well as site and neighborhood characteristics. The Commission shall require an applicant to notify neighboring property-owners [as per § 190-74C(3)] about the proposed revision/modification. Furthermore, the Commission may decide to hold a new Public Hearing prior to acting on a proposed revision/modification involving a non-conforming use whenever the proposed revision/modification may be considered a significant alteration of approved plans and/or uses.
§ 190-54 Prohibition regarding the creation of non-conforming lots.
No lot shall be reduced in area or dimension below the minimum requirements set forth in these regulations. All lots created shall meet the minimum area and other dimensional requirements established in these regulations.
§ 190-55 Special requirements for development on non-conforming lots of record without frontage on an existing street.
As provided for in § 190-51, the Commission may authorize, through the issuance of a special permit, development on non-conforming lots of record, or non-conforming lots existing by virtue of separation from adjacent lots by physical acts acceptable to the Commission pursuant to § 190-51B, as of April 28, 1959, without frontage on an existing street, provided the provisions of § 190-74 are complied with and the following specific criteria are met:
A.
This section is not applicable to lots created after April 28, 1959;
B.
The applicant demonstrates through the special permit submissions that a right of access exists from an existing street. Where possible, an easement establishing concise maintenance and liability agreements regarding the use of the private access drive shall be submitted with the application and, if the application is approved, the easement shall be recorded for each affected lot. All applicants shall demonstrate in application submissions that a concerted attempt was made to obtain easement rights;
C.
The submitted plans shall clearly note that Town approval of development on the subject lot shall not obligate the Town to assume any future responsibilities, including repair or maintenance work on the subject private access drive or other private property;
D.
All new improvements on the subject non-conforming lot shall meet all applicable setback requirements for the subject zone. For the purposes of this requirement, all frontline setbacks shall be measured from a line 25 feet from the center line of the private access drive;
E.
All other municipal regulations shall be met, including applicable provisions of the Town's Inland Wetlands Regulations;
F.
The applicant shall identify the name that will be utilized for the private access drive and said name must be acceptable to the Planning and Zoning Commission after consultation with the Fire Marshal. The applicant shall specify in the special permit submission that an identification sign shall be installed where the private access drive meets a Town or State road. Said sign shall be constructed and installed in accordance with Town standards for public street signs and said sign shall specify 'Private Way';
G.
To ensure safe and suitable year-round access, including emergency vehicle access to and from the affected lot, the applicant shall submit plans to demonstrate to the Commission's satisfaction that the subject private access drive has suitable width, travel surface, grade, drainage, sightlines and turnaround provisions. As necessary to ensure safe access to the subject lot, improvements to the subject private access drive may be required as part of the special permit authorization.