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New Britain City Zoning Code

SECTION 260

NONCONFORMING USES AND NONCONFORMING BUILDINGS OR STRUCTURES.

260-10-10

No unlawful building or structure, or unlawful use of a building or structure or lot existing at the effective date of this Ordinance shall be deemed to be a nonconforming building, structure or use.

260-10-20

All buildings or structures, or use of a building or structure or lot lawfully existing at the effective date of this Ordinance shall be deemed to be a nonconforming building, structure or use.

260-20-10

Any lawful use occupying any building, structure or lot at the time of the effective date of this ordinance or any amendment thereto, which does not comply, after the effective date of this ordinance or any amendment thereto, with the use regulations of the District in which it is situated, may be continued in the building or structure or upon the lot so occupied.

260-20-20

Except as provided in Section 270-50-40.30, a building or structure used by a nonconforming use at the effective date of this ordinance, may not be reconstructed, structurally altered, restored or repaired to an extent exceeding in aggregate cost 75 percent of the replacement cost of such building or structure, unless the use of such building or structure is changed to a conforming use.

260-20-30

A nonconforming building or structure that is not devoted to a nonconforming use may be reconstructed structurally altered, restored or repaired in whole or in part, and the provisions of Section 260-20-20 shall not apply, except that the degree of nonconformity shall not be increased. [Approved 3-28-08, Item #29947-2]

260-20-40

A nonconforming lot of either less area or width which was a conforming lot at the effective date of this Ordinance may be used or a building or structure may be erected on such lot. The use and building or structure must be in accordance with all applicable provisions of this Ordinance. [Approved 4-18-80, Item #13676-2; Approved 11-28-90, Item #19611-2]

260-20-50

An existing building designed and used for a conforming use but located on a nonconforming lot, whether the building is conforming or nonconforming with respect to lot coverage and minimum yard requirements, may be reconstructed, structurally altered, restored or repaired whole or in part, except that the degree of nonconformity shall not be increased.

260-30-10

A nonconforming use shall not be enlarged or extended, except as provided in Section 270-50.

260-40-10

A nonconforming use shall be changed only to a conforming use, except as provided in Section 270-50.

260-50-10

A nonconforming use shall be deemed to have been abandoned:

260-50-20

A nonconforming use that has been abandoned shall not thereafter be reinstated.

260-50-10.01

When it is changed to a conforming use.

260-50-10.02

In cases where such nonconforming use is of a building or structure designed for such use, when it has been voluntarily discontinued for a period of 12 consecutive months.

260-50-10.03

In cases where such nonconforming use is of a building or structure not designed for such use, or is of a lot or land whereon there is no consequential building or structure devoted to such use, when it has been voluntarily discontinued for a period of six (6) consecutive months.

260-50-10.04

In the case of an alcoholic liquor permit which shall have been discontinued for a period of 90 days by reason of surrender, cancellation or revocation of said permit, then such use shall not be resumed except in conformity with the provisions of this Ordinance.