New Haven City Zoning Code
ARTICLE XXI
Nonconforming Lots, Uses and Structures
§ 515-169 Compliance by nonconforming lots, uses and structures.
All nonconforming lots, uses, structures or combination of nonconforming uses of land or structures shall conform with the provisions of this article.
§ 515-170 Intent.
A.
It is the intent of this chapter to permit legal nonconforming lots, uses or structures to continue until they are removed but not to encourage their survival.
B.
It is recognized that there exists within the districts established by this chapter, and its subsequent amendments, lots, structures and uses of land and structures which were lawful before this chapter was passed or amended which would be prohibited, regulated or restricted under the terms of this chapter or future amendments.
C.
Such uses are declared by this chapter to be incompatible with permitted uses in the districts involved. It is further the intent of this chapter that nonconformities shall not be enlarged upon, expanded or extended nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district.
D.
A nonconforming use of a structure, land, or of a structure and land shall not be extended or enlarged after passage of this chapter by attachment on a building or premises of additional signs intended to be seen from off the premises, or by the addition of other uses of a nature which would be prohibited generally in the district involved.
E.
To this end, there are two classes of nonconforming uses: Class A, those that are not objectionable; and Class B, those that are objectionable and will only be allowed to be continued until they are removed or voluntarily discontinued.
§ 515-171 Class A and Class B nonconforming uses.
A.
Class A and Class B nonconforming uses and structures. Class A nonconforming uses and structures are those which have been so designated by the Zoning Board of Appeals after application by any interested person or the Building Inspector upon findings that: 1) continuance thereof would not be contrary to the public health, safety or welfare; 2) that the use or structure does not and is not likely to significantly depress the value of nearby properties; 3) that the use or structure was lawful at the time of its inception; and 4) that no useful purpose would be served by strict application of the provisions or requirements of this chapter with which the use or structure does not conform.
B.
Procedure for obtaining Class A designation; conditions:
(1)
A written application shall be filed with the Village Clerk setting forth the name and address of the applicant, giving a legal description of the property to which the application pertains and including such other information as may be necessary to enable the Zoning Board of Appeals to make a determination of the matter. The Zoning Board of Appeals may require the furnishing of such additional information as it considers necessary. The notice and hearing procedure before the Zoning Board of Appeals shall be the same as in the case of an application for a variance. The decision shall be in writing and shall set forth the findings and reasons on which it is based.
(2)
Conditions may be attached, including any time limits, where necessary to assure that the use, building or structure does not become contrary to the public health, safety or welfare or the spirit and purpose of this chapter. No vested interest shall arise out of a Class A designation.
C.
Revocation of Class A designation. Any Class A designation shall be revoked following the same procedure required for designation upon a finding that, as a result of any change of conditions or circumstances, the use or structure no longer qualifies for Class A designation.
D.
Regulations pertaining to Class A nonconforming uses and structures.
(1)
No Class A nonconforming use of land, building or structure shall be resumed if it has been for any reason discontinued for a continuous period of at least 12 months or if it has been changed to a conforming use for any period.
(2)
An individual Class A use or structure may be changed, altered or enlarged, provided that it does not violate any condition imposed by the Board of Appeals at the time of its designation. Any change, alteration, or expansion of a Class A nonconforming use or structure, except those used as single-family dwellings, shall require site plan approval by the Planning Commission and subsequent approval by the Zoning Board of Appeals prior to the issuance of a building permit.
(3)
Nothing in this chapter shall prevent the restoration of a Class A nonconforming building or structure destroyed by fire, explosion, act of God, or act of the public enemy subsequent to the effective date of its Class A designation or shall prevent the continuance of the use of such a building or structure or part thereof as such use existed at the time of such impairment of such building or structure, provided that restoration is entirely and completely executed within 12 months from the time of impairment.
(4)
Should a Class A nonconforming building or structure be moved for any reason, it shall hereafter conform to the regulations for the district in which it is located after it is moved.
(5)
Where a Class A nonconforming use status applies to building and/or structure and premises in combination, moving and/or removal of the building or structure shall eliminate the nonconforming status of the land.
E.
Regulations pertaining to Class B nonconforming uses and structures. All nonconforming uses, buildings or structures not designated as Class A are Class B nonconforming uses, buildings or structures. All Class B nonconforming uses and structures shall conform to all of the requirements of Article XXI.
§ 515-172 Nonconforming lots of record.
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 customarily accessory building may be erected on any single, legally established lot of record at the effective date of adoption or amendment of this chapter. This provision shall apply even though such 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 lot shall conform to the regulations for the district in which such lot is located.
B.
If two or more lots or combinations of lots and portions of lots with continuous frontage are in single ownership and are of record at the time of adoption or amendment of this chapter, and if all or part of the lots do not meet the requirements established for lot width and area, the parcels involved shall be considered an undivided parcel for purposes of this chapter. No portion of said parcel shall be used or sold in any manner which diminishes compliance with lot width and area requirements established by this chapter. No division of any parcel or lot shall be made which creates a lot with a width or area below the minimum requirements of this chapter.
§ 515-173 Nonconforming uses of land.
When 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, such use may be continued so long as it remains otherwise lawful, subject to the following provisions:
A.
No such nonconforming use shall be enlarged or increased nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this chapter.
B.
No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of this chapter.
C.
If such nonconforming use of land ceases for any reason for a period of more than six months, any subsequent use of such land shall conform to the regulations specified by this chapter for the district in which such land is located.
§ 515-174 Nonconforming structures.
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, such structure may be continued so long as it remains otherwise lawful, subject to the following:
A.
No such structure may be expanded in a way which increases its nonconformity. A nonconforming structure may be expanded if the addition(s) conform(s) with all Zoning Ordinance requirements for the district in which the structure is located.
B.
Should such structure be destroyed by any means to an extent of more than 50% of its replacement value, it shall not be reconstructed except in conformity with the provisions of this chapter.
C.
Should such structure be moved for any reason, it shall thereafter conform to the regulations for the district in which it is located after it is moved.
D.
A nonconforming structure may be altered to decrease its nonconformity, subject to issuance of necessary permits in accordance with § 515-116.
§ 515-175 Nonconforming uses of structures and land.
If a lawful use of a structure or of structures 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:
A.
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 to accommodate a change in the use of the structure to a use permitted in the district in which it is located.
B.
Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use, and which existed at the time of adoption or amendment of this chapter, but no such use shall be extended to occupy any land outside such building.
C.
If no structural alterations are made, any nonconforming use of a structure or structures and premises may be changed to another nonconforming use, provided that the Board of Appeals, 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. In permitting such change, the Board of Appeals may require appropriate conditions and safeguards in accord with the purpose and intent of this chapter in conformance with § 515-189.
D.
Any structure or structure and land in combination in or on which a nonconforming use is superseded by a permitted use for any period of time shall thereafter conform to the regulations for the district in which such structure is located, and the nonconforming use may not be resumed.
E.
When a nonconforming use of a structure or structure and premises in combination is discontinued or ceases to exist for six consecutive months, the structure or structure and premises in combination shall not thereafter be used except in conformance with the regulations of the district in which it is located. Structures occupied by successive constant seasonal uses shall be excepted from this provision.
F.
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.
§ 515-176 Nonconformities under construction.
Nothing in this chapter shall be deemed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this chapter and upon which actual building construction has been diligently continued. Actual construction is hereby defined to include the placing of construction materials in a permanent manner; except that, where demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such demolition or removal shall be deemed to be actual construction, provided that work shall be diligently carried on until the completion of the building involved.
§ 515-177 Repairs and maintenance.
A.
On any building or structure 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 25% of the market value at the date of repair, provided that the floor area or cubic area of the building as it existed at the time of passage or amendment of this chapter shall not be increased.
§ 515-178 Special land uses not nonconforming.
Special land uses which are approved by the Planning Commission as provided in this chapter shall not be deemed a nonconforming use.
§ 515-179 Change in 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 extent, size, nature or character of such nonconforming uses.