New Britain City Zoning Code
ARTICLE XII
Nonconformities
§ 450-77 Definitions.
As used in this article, the following terms shall have the meanings indicated:
NONCONFORMING LOT
A lot the area or dimension of which was lawful prior to the adoption or amendment of this chapter but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption or amendment.
NONCONFORMING STRUCTURE
A structure or part of a structure which does not comply with the applicable area, setback, yard, building height, location, size, impervious surface, and/or other dimensional requirements of this chapter or amendment heretofore or hereafter enacted where such structure lawfully existed prior to the enactment of this chapter or amendment. Such nonconforming structures include, but are not limited to, nonconforming signs.
NONCONFORMING USE
A use, whether of land or of structure, which does not comply with the applicable use provisions in this chapter or amendment heretofore or hereafter enacted, where such use was lawfully in existence prior to the enactment of this chapter or amendment or prior to the application of such ordinance or amendment to its location by reason of annexation.
§ 450-78 Registration of nonconforming uses and structures.
The Zoning Officer shall, upon adoption of this chapter or amendment thereof, identify and register all nonconforming uses and structures. Upon identifying the nonconformity, the Zoning Officer shall mail registration forms to the owner of record.
§ 450-79 Continuation.
The lawful use of a building or structure or the lawful use of any land as existing and lawful at the time of the enactment of this chapter, or in the case of an amendment to this chapter then at the time of such amendment, may be continued except as hereinafter provided, even though such use does not conform to the provisions of this chapter or subsequent amendments.
§ 450-80 Extension of nonconforming uses and structures.
A.
A structure that does not conform with the dimensional, area, parking, buffer or other requirements of this chapter may be extended only if the extension meets all the requirements of this chapter and the extent of the nonconformity is not increased. In the case of a nonconforming structure which is used for a nonconforming use, such alteration, extension, or enlargement shall also meet the requirements of Subsection B of this section.
B.
A use that does not conform to the use regulations of the district in which it is located may be extended by the Zoning Hearing Board, provided that:
(1)
The proposed extension shall take place only upon the same lot on which the use existed at the time the use became nonconforming and shall be prohibited from encroaching on another lot subsequently added to the original parcel. Permission to extend a nonconforming use as described in this article shall not be construed to mean that new uses may be established.
(2)
The proposed extension shall conform with the setback, yard, area, dimensional, building height, parking, sign, buffer, and all other area and dimensional requirements of the district in which said extension is located, as contained in this chapter.
(3)
Any increase in volume or area shall not exceed an aggregate of more than 50% of the volume or area existent at the date the use became nonconforming, during the life of the nonconformity, and shall be permitted only by the Zoning Hearing Board. Structures or land uses that have reached their maximum expansion allowance under previous ordinances are not eligible for any increase in volume or area under this chapter.
[Amended 10-8-1996 by Ord. No. 269]
(4)
No nonconforming use shall be extended to displace a conforming use.
[Amended 10-8-1996 by Ord. No. 269]
§ 450-81 Restoration.
A nonconforming building or structure, or any building or structure containing a nonconforming use, wholly or partially destroyed by fire, explosion, flood or other phenomenon, or legally condemned, may be reconstructed and used for the same nonconforming use, provided that reconstruction of the building shall be commenced within one year from the date the building was destroyed or condemned and shall be carried on without interruption. No further expansion of the original nonconforming use will be permitted. If a nonconforming building or structure is removed or demolished by the owner, it shall be replaced only with a conforming structure.
§ 450-82 Abandonment.
If a nonconforming use of a building, structure, or lot is abandoned for a continuous period of one year, subsequent use of such building, structure, or lot shall be in conformity with the provisions of this chapter. Abandonment shall commence when the nonconforming use ceases.
§ 450-83 Changes of nonconforming use.
Once changed to a conforming use, no structure or land shall be permitted to revert to a nonconforming use. A nonconforming use may be changed to another nonconforming use only under all of the following conditions:
A.
Such change shall be permitted only by the Zoning Hearing Board.
B.
The applicant shall show that a nonconforming use cannot reasonably be changed to a permitted use.
C.
The applicant shall show that the proposed change will be less objectionable in external effects than the existing nonconforming use, with respect to:
(1)
Traffic generation and congestion including truck, passenger car, and pedestrian traffic.
(2)
Noise, smoke, dust, fumes, vapors, gases, heat, odor, glare or vibration.
(3)
Storage and waste disposal.
(4)
Appearance.
