North Haven City Zoning Code
ARTICLE VI
Nonconforming Buildings and Uses
§ 163-39 Applicability.
The following provisions shall apply to all buildings and uses existing on the effective date of this chapter, which buildings and uses do not conform to the requirements set forth in this chapter, to all buildings and uses that become nonconforming by reason of any subsequent amendment to this chapter and the Zoning Map which is a part thereof, and to all conforming buildings housing nonconforming uses.
§ 163-40 Alteration of nonconforming uses.
Any lawful nonconforming use may be continued indefinitely, but it shall not:
A.
Be enlarged, extended, reconstructed or placed on a different portion of the lot or parcel of land occupied by such uses on the effective date of this chapter, nor shall any external evidence of such use be increased by any means whatsoever.
B.
Be changed to another nonconforming use.
C.
Be reestablished if such use has been discontinued for any reason for a period of one year or more or has been changed to, or replaced by, a conforming use. Intent to resume a nonconforming use shall not confer the right to do so.
§ 163-41 Alteration of buildings containing nonconforming uses.
Except as provided in § 163-43 below, no building which houses a nonconforming use shall be:
A.
Structurally altered or enlarged.
B.
Moved to another location where such use would be nonconforming.
C.
Restored for other than a conforming use after damage from any cause exceeding 50% of the replacement cost of such building, exclusive of foundations. Any such building damaged to a lesser extent may be restored, but not enlarged, and the nonconforming use reinstated within one year of such damage. If the restoration of such building is not completed within said one-year period, the nonconforming use of such building shall be deemed to have been discontinued, unless such nonconforming use is carried on without interruption in the undamaged portion of such building.
§ 163-42 Conforming buildings on nonconforming lots; alteration and repair.
Normal maintenance and repair of, structural alteration in and the moving, reconstruction or enlargement of a building which does not house a nonconforming use, but is nonconforming as to the district regulations for lot area, lot width, front yard, side yard, rear yard, maximum height, maximum lot coverage or minimum livable floor area per dwelling, is permitted if the same does not increase the degree of or create any new nonconformity with such regulations in such building.
§ 163-43 Interpretation of article.
Nothing in this article shall be deemed to prevent normal maintenance and repair of any building or the carrying out, upon the issuance of a building permit, of major structural alterations or demolitions necessary in the interest of public safety. In granting such a permit, the Building Inspector shall state the precise reason why such alterations were deemed necessary.
§ 163-44 Nonconforming signs.
In any residence district, any sign not of a type permitted, or of a permitted type but greater than two times the maximum permitted size, may be continued for one year following the effective date of this chapter or the effective date of any amendment which makes a sign nonconforming, provided that after the expiration of that period, such nonconforming use shall be terminated.[1]
[1]
Editor's Note: Original §§ 8.1, 8.2 and 8.3, which followed this section, were removed during 8-4-1986 by L.L. No. 7-1986 and included in the Code as follows: §§ 8.1 and 8.2 (relating to building permits and certificates of occupancy) as Ch. 55, Building Construction and Fire Prevention, Art. I; § 8.3 as Ch. 12, Building Inspector.