Milton City Zoning Code
ARTICLE IX
Nonconforming Buildings, Uses and Lots
§ 220-71 Continuation of nonconforming buildings and lots.
[Amended 12-7-2009 by Ord. No. 2009-001]
Any lawful building, structure or use of premises existing at the effective date of the original Zoning Ordinance of the Town of Milton, as approved by the Milton Town Council applying to such building, structure, or use of premises, may be continued although such building, structure, or use of premises does not conform to the provisions of this chapter; provided, however, that:
A.
Nothing herein contained shall be construed to render lawful any use not lawfully conforming to provisions of the Town of Milton Zoning Ordinance.
B.
Any extension of a nonconforming use must conform to the provisions of this chapter and not impair the value of the adjoining properties or adversely affect the character of the neighborhood.
C.
No nonconforming use shall be enlarged, extended or increased during its life to an extent exceeding 15% of its existing gross floor area or in aggregate value 50% of the replacement cost of the building, whichever is greater, unless said building or structure is changed to conform to the requirements of this chapter.
D.
A building or structure containing a nonconforming use may be repaired or strengthened sufficiently to remove a hazard to public safety, as such hazard may be determined by the Code Enforcement Officer, but not so as to perpetuate the nonconforming use or character of the structure. Nothing in this chapter shall prevent the strengthening or restoring to a safe condition any wall, floor or roof which has been declared unsafe by the Code Enforcement Officer.
E.
A building used to house a nonconforming use may be restored if damaged or destroyed by fire, flood, earthquake or act of God. Substantial restoration shall be initiated within six months of the occurrence of the damage. Any building damaged by such occurrence to the extent of more than 50% of its replacement value and not demolished shall be repaired or rebuilt within a six-month period to conform to the building line of the original structure.
[Amended 1-9-2023 by Ord. No. 2022-008]
F.
No nonconforming use shall be maintained, renewed, changed or extended without a certificate of occupancy having first been issued by the Code Enforcement Officer.
§ 220-72 Discontinuance of nonconforming use.
A.
Any building or land which is used for or occupied by a nonconforming use and which is changed to or replaced by a conforming use, shall not thereafter be used for or occupied by a nonconforming use.
B.
When a nonconforming use has been discontinued for a period of one year, it shall be deemed abandoned, regardless of intent or lack thereof,and shall not thereafter be reestablished, and the future use shall be in conformity with the provisions of this chapter.
[Amended 4-5-2021 by Ord. No. 2021-002]
§ 220-73 Necessary maintenance and repairs.
A building or structure of nonconforming use may be repaired or restored to a safe condition except as specified in § 220-71E.
§ 220-74 Prior construction.
Any building or structure for which a building permit was issued prior to the effective date of this chapter, or any subsequent amendment thereof applying, may be completed and used in accordance with the plans and specifications for such building and structure.
§ 220-75 Reduction in lot area.
A building permit shall not be issued for any lot that is reduced in area so that it creates nonconforming bulk or a use in violation of any regulations contained in this chapter.
§ 220-76 Existing lots of record.
[Amended 1-9-2023 by Ord. No. 2022-008]
Except as herein provided, in any residential district where the owner of a lot at the time of original enactment of this chapter or successor in title thereto does not own sufficient land to enable the owner to conform to the minimum lot area and or/frontage requirements of this chapter, such lot may be used as a building site for a single-family detached dwelling unit, provided that all requirements for the district where said lot is located are maintained, except that pertaining to minimum lot size.