A lot of record, as defined in section 40-3, that does not conform to minimum road frontage requirement or the minimum lot size or minimum lot width requirements for the zoning district in which it is located may be used as a building site, provided that the height, buffer, setback, and other dimensional requirements of the zoning district in which the lot of record is located are complied with or a variance is obtained, and, provided further, that in the case of a lot not served by sanitary sewer the lot area and width meet the current standards and requirements of the Newtown County Health Department for septic tank use.

(Code 1997, § 40-801; Ord. of 2-6-2012, § 1(40-801))

A nonconforming building or structure, as defined in section 40-3, may be expanded, enlarged, or extended if such expansion, enlargement, or extension is for a use that conforms to the use requirements for the zoning district in which the building or structure is located. Any such expansion, enlargement, or extension of a nonconforming building or structure shall meet the minimum yard, setback, buffer, height, bulk, and other dimensional requirements for the zoning district in which the nonconforming building or structure is located, and all other requirements of this chapter.

(Code 1997, § 40-802; Ord. of 2-6-2012, § 1(40-802))

A nonconforming use may be continued even though such use does not conform with the use provisions of the zoning district in which the use is located, except as otherwise provided in this section.

(1)

Change of use. A nonconforming use shall not be changed to another nonconforming use. A change in tenancy or ownership shall not be considered a change to another nonconforming use, provided that the use itself remains unchanged.

(2)

Discontinuance or abandonment. A nonconforming use shall not be re-established after discontinuance or abandonment for one year. Vacancy or non-use of the building, regardless of the intent of the owner or tenant, shall constitute discontinuance or abandonment under this subsection. If a business registration is required for the nonconforming use and the business registration pertaining to the use has lapsed for more than six months, the lapse of business registration shall constitute discontinuance.

(3)

Expansion. A nonconforming use shall not be expanded, enlarged or extended, in land area or in floor space or volume of space in a building or structure, unless such a use is made to substantially comply with the zoning district in which the use is located. Note that full compliance with the zoning district is the norm and "substantial compliance" may only be granted after careful consideration by the Planning Commission which would need to find that full compliance is not reasonably attainable due to some geographic or physical limitation of the lot and/or existing structure.

(4)

Major repair or reconstruction following casualty event. A nonconforming structure shall not be rebuilt, altered or repaired following a casualty event (such as fire, tornado, storm, or fallen tree) if the cost of repairing the damage to the structure exceeds 50 percent of the total replacement cost for such structure at the time of damage as such cost is determined by the Building Inspector, unless (i) the use conforms with the zoning district in which the use is located, (ii) the rebuilding and repair of the nonconforming structure is completed within one year following such casualty event, and (iii) such structure is not altered in any material manner from the condition existing prior to such casualty event.

(5)

Significant modification or improvement. A nonconforming structure shall not be modified, altered or improved if the cost of such modifications, alterations and/or improvements to such nonconforming structure made during a consecutive 12-month period exceeds 50 percent of the fair market value of such existing structure as of the beginning of such period, unless the entire structure shall be brought into conformance with all applicable ordinances, rules and requirements.

(Code 1997, § 40-803; Ord. of 2-6-2012, § 1(40-803); Ord. of 1-9-2023(1))

See section 40-935 for city sign regulations for provisions regarding nonconforming signs.

(Code 1997, § 40-804; Ord. of 2-6-2012, § 1(40-804))

This article shall not be construed as extending the time period for allowance to reestablish a nonconforming use which was nonconforming at the time the ordinance from which this chapter is derived was adopted, as established under the previous zoning ordinance of the City. Nor shall it be construed to grant any other type of relief to a nonconforming use, nonconforming building, or nonconforming situation which did not conform to the city's zoning ordinance as previously adopted.

(Code 1997, § 40-805; Ord. of 2-6-2012, § 1(40-805))

(a)

Intent. It is the intent of this section to require the complete correction of nonconforming situations at the time of any building addition or significant modification of a use or development on a given parcel of land, if such nonconforming situation can physically be made to comply with the requirements of this chapter. It is the intent of this section to require the reduction in the extent of nonconforming situations at the time of any building addition or significant modification of a use or development on a given parcel of land, if such nonconforming situation cannot be physically be made to comply entirely with the requirements of this chapter. It is the intent of this section to provide authority to the Zoning Administrator to administer the provisions of this section in a manner that meets these intentions, and that the Zoning Administrator shall exercise that authority, subject to more specific guidance as provided in this section.

(b)

Determination of nonconforming situations. For any proposed building or development, or modification of a building or development, it shall be the duty of the Zoning Administrator to identify the extent to which the improvements on land on which the building or development is proposed constitutes a nonconforming situation, as defined in section 40-3. The Zoning Administrator shall conduct a review and identify such nonconforming situations at the time plans for such proposed building or development are submitted for review, and at any earlier opportunity, if presented. In the event that one or more nonconforming situations are found to exist by the Zoning Administrator, they shall be documented and notice of the need to correct or reduce the nonconforming situations shall be provided by the Zoning Administrator to the building or development applicant.

(c)

Correction of nonconforming situations. In determining the need to completely correct or reduce the noncompliance of nonconforming situations, the Zoning Administrator shall be guided by the following standards:

(1)

Strict compliance. A standard of strict compliance (complete correction of all nonconforming situations) shall be applied by the Zoning Administrator where physical standards can clearly be made in the subject development proposal without significant alteration of the development as proposed.

(2)

Reasonable progress toward compliance. In lieu of strict compliance, a standard of reasonable progress toward compliance shall be applied by the Zoning Administrator in cases where complete correction or compliance with the nonconforming situation would require undue hardship, practical difficulty, or might unreasonably reduce the size, scale, or other significant aspect of the development proposal to a point where strict compliance would jeopardize the building or development proposal. In applying a standard of reasonable progress toward compliance, the Zoning Administrator shall have authority to approve the building, development, or improvement even though it does not meet a standard of strict compliance, if the relief granted is the minimum necessary to effectuate the building, development, or improvement.

(3)

Proportionality. Whenever something less than strict compliance is authorized by the Zoning Administrator, in determining the amount or extent of compliance required, he shall apply a standard of "proportionality," meaning that the scope, scale, extent and cost of requirements to correct nonconforming situations are more or less the same as the scope, scale, extent and cost of the improvement or development proposed.

(4)

Development permit required. Where building size, setbacks, or other regulated conditions are to be modified in the correction of a nonconforming situation, a development permit approval by the Planning Commission, according to the provisions of this chapter, shall be required.

(Code 1997, § 40-806; Ord. of 2-6-2012, § 1(40-806))