Newton City Zoning Code
§ 320-27
Preexisting nonconforming lots, uses and structures.
[Amended 8-26-2013 by Ord. No. 2013-22]
The following provisions shall apply to all lawfully existing nonconforming uses, structures, driveways or lots as well as all uses, structures or lots that become nonconforming by reason of any subsequent amendment to this chapter.
A.
Existing uses, expansion of nonconforming uses. Any nonconforming use existing at the time, or created as a result, of the passage of this chapter may be continued upon the lot or in the structure so occupied. No nonconforming use may be extended or expanded over a larger area than it occupies at the time of enactment of this chapter.
B.
Existing structures, enlargement or nonconforming structures. Any nonconforming structure existing at the time, or created as a result, of the passage of this chapter may be occupied, restored or repaired in the event of partial destruction thereof. Any such structure, which is substantially destroyed as deemed by the Construction Official, shall not be reconstructed or used except in conformance with this chapter. No nonconforming structure may be enlarged or expanded to cover a larger area than it occupied at the time of the adoption of this chapter without an appeal for variance relief.
(1)
New single-family and duplex residential uses are not permitted. Single-family and duplex residential uses existing in the SD-3 District prior to the effective date of this chapter, May 2, 2012, may remain subject to the bulk standards in effect prior to this ordinance. Such single-family and duplex residential uses may be rebuilt either within the same footprint or in a new location subject to the standards of the zone in effect prior to May 2, 2012, if partially or completely destroyed by natural causes or involuntarily destroyed by human causes. This does not apply to residences that have been destroyed by voluntary means. Remodeling and expansion of preexisting nonconforming residences is permitted, provided that the expansion complies with ordinance standards of the zone in effect prior to May 2, 2012 or is within the existing building footprint.
[Added 11-26-2018 by Ord. No. 2018-21]
C.
Any nonconforming driveway existing at the time, or created as a result, of the passage of Ordinance No. 2013-22 (August 26, 2013) may be restored, replaced or repaired, provided such driveway has not been abandoned (pursuant to Subsection F below). No nonconforming driveway may be enlarged or expanded to cover a larger area than it occupied at the time of the adoption of Ordinance No. 2013-22 (August 26, 2013) without an appeal for variance relief.
D.
Existing lots, nonconforming area, width and setback.
(1)
Any lot nonconforming in area or width which was under one ownership or under contract of sale as of May 1969, when the owner thereof owns no adjoining land may be used as a lot for any purpose permitted in the zone, provided that the lot complies with all other regulations for the zone.
(2)
Where a lot is situated between two lots, each of which is developed with a main building which projects beyond the established front building line and has been so maintained since May 1969, the minimum front yard depth required for such lot may be the average of the front yard of the existing buildings. Where a lot is situated between one lot developed as described above and a vacant lot, the minimum front depth required for such lot may be the average of the front yard of the existing buildings and the established front setback.
E.
Conversion to permitted use. After a nonconforming building or use has been converted to a permitted use, it shall not be changed back again to a nonconforming use.
F.
Abandonment. If a nonconforming use has been abandoned, such use shall not be reinstituted. Cessation of a nonconforming use for a continuous period of one year may be taken as prima facie evidence of an intent to abandon such use.