New Milford City Zoning Code
§ 30-28.8
Nonconforming Buildings and Uses.
[Ord. No. 77:11; Ord. No. 91:16 § XLV]
a.
General.
1.
Any nonconforming use or structure existing at the time of the passage of this chapter may be continued upon the lot or in the building so occupied, and any such structure may be restored or repaired in the event of partial destruction thereof.
2.
No nonconforming use shall, if once changed into a conforming use, be changed back again into a nonconforming use.
3.
A nonconforming use shall not be enlarged, unless Board of Adjustment approval is obtained, unless the use is changed to a conforming use; provided, however, that where a building meets the use requirements of this chapter and is nonconforming because of heights, area and/or yard regulations, said use may be enlarged, upon receipt of the appropriate Board approval provided that the height, area, volume or yard regulations are not further violated. The cost of structural alterations made in such building shall in no cases exceed 50% of its assessed value.
4.
No nonconforming use shall be extended so as to diminish the extent of a conforming use.
5.
In a Residential Zone, no building or premises devoted to a use permitted in a Business Zone shall be changed into a use excluded from a Business Zone.
6.
In a Residential Zone or a Business Zone, no building or premises devoted to a use permitted in an Industrial Zone shall be changed into a use excluded from an Industrial Zone.
7.
In a Residential Business or Industrial Zone, no building or premises devoted to a use excluded from an Industrial Zone shall be structurally altered if its use shall have been changed since the time of the passage of this chapter to another use also excluded from an Industrial Zone.
8.
In a Residential, Business or Industrial Zone, no building devoted to a use excluded from an Industrial Zone shall have its use changed to another which is excluded from an Industrial Zone if the building shall have been structurally altered since the time of the passage of this chapter.
b.
Completion of Existing Buildings. Nothing herein contained shall require any change in the plan, construction or designed use of a building for which a building permit has been heretofore issued or plans for which are on file with the Code Enforcement Officer at the time of the passage of this chapter and which entire building shall have been completed according to such plans as filed within one year from the date of the passage of this chapter.