Northfield City Zoning Code
ARTICLE 6
Nonconforming Uses and Structures
§ 200-6.1 Applicability.
Except as hereinafter provided, this Zoning Bylaw shall not apply to structures or uses lawfully in existence or lawfully begun, or to a building permit or special permit issued before the first publication of notice of the public hearing on this Zoning Bylaw or any amendments thereto, but shall apply to any change or substantial extension of such use, to a building permit or special permit issued after the first notice of said public hearing, to any reconstruction, extension or structural change of such structure and to any alteration of a structure begun after the first notice of said public hearing to provide for its use in a substantially different purpose or for the same purpose in a substantially different manner or to a substantially greater extent except where alteration, reconstruction, extension or a structural change to a one-family or two-family residential structure does not increase the nonconforming nature of said structure.
§ 200-6.2 Nonconforming uses.
[Amended 1-24-2022 STM by Art. 16]
A.
Change or substantial extension. The Board of Appeals may grant a special permit to change or substantially extend or alter a nonconforming use only if it determines that such change, extension, or alteration shall not be substantially more detrimental than the existing nonconforming use to the neighborhood.
B.
Substitution. The Board of Appeals may grant a special permit to substitute one nonconforming use for another nonconforming use only if it determines that the new use shall be less detrimental than the existing use to the neighborhood.
§ 200-6.3 Nonconforming structures.
A.
Nonconforming structures other than one-family and two-family residential structures. The Board of Appeals may grant a special permit in conformity with the requirements of § 200-3.4 to reconstruct, extend, alter or structurally change a nonconforming structure other than a one-family or two-family structure (which are governed by Subsection B below), or to alter said structure to provide for a substantially different purpose or for the same purpose in a substantially different manner or to a substantially greater extent, in accordance with this section, only if:
(1)
Said reconstruction, alteration or extension itself conforms with all the provisions of the Zoning Bylaw; and
(2)
There is a finding by the Board of Appeals that such reconstruction, alteration or extension will not be substantially more detrimental to the neighborhood than the existing nonconforming structure.
B.
Alteration, reconstruction, extension or structural changes to preexisting nonconforming single- and two-family residential structures.
(1)
A nonconforming single- or two-family dwelling or structure accessory thereto may be altered, reconstructed, extended or otherwise structurally changed upon a determination by the Building Inspector that the proposed alteration, extension or structural change will not increase the nonconforming nature of the structure. The following circumstances, singly or in any combination, shall not be deemed to increase the nonconforming nature of said structure:
(a)
Alteration to a structure which complies with all current setback, building coverage, and building height requirements but is located on a lot with insufficient area, insufficient frontage, nonconforming lot shape, or any combination of those, where the alteration will also comply with all of said current requirements.
(b)
Alteration to a structure which encroaches upon one or more required setback areas, where alteration will comply with all current setback, building coverage and building height requirements.
(2)
If the Building Inspector determines that proposed alteration, extension, or change exceeds one or more of the criteria listed above, the Board of Appeals may allow such alteration, extension or change if it finds that the proposed modification will not substantially increase the nonconforming nature of the existing structure.
(3)
For purposes of this section, an "increase in the nonconforming nature of the structure" may include intensification of existing nonconformities. The creation of new nonconformities (i.e., relief from height, setback, lot coverage or other dimensional requirements with which the existing nonconforming structure complies) shall require the issuance of a variance from the Board of Appeals.
C.
Alterations to multiple dwellings on a single lot. Any alteration, extension, reconstruction or structural change to a dwelling on a lot containing more than one dwelling shall require a special permit and a finding by the Board of Appeals that such alteration, extension, reconstruction or structural change shall not be more detrimental to the neighborhood than the existing dwelling.
D.
Abandonment, discontinuance and restoration of nonconforming structures destroyed by fire or other casualty.
(1)
Any nonconforming use or any nonconforming buildings or structures which have been abandoned or discontinued for more than two years shall not be reestablished and any future use shall conform to the regulations of this bylaw.
(2)
A nonconforming structure or structure occupied by a nonconforming use which has been destroyed by fire or other casualty may be reconstructed, provided that the reconstruction is substantially completed within three years of the date of destruction.