Nonconforming property refers to a site with a condition which does not conform to one or more requirements of this chapter, as amended, but where the condition was lawfully established prior to the adoption of the chapter provision(s) with which it does not comply.

There are four nonconforming conditions:

Continuation. A nonconforming property/condition may be continued as it existed at the time of passage of this chapter or as it existed at the time it was made nonconforming by passage of any amendment to this chapter, except as otherwise provided in this section.

Permit issued. In any case where a building permit has been issued prior to the effective date of any amendment to this chapter, for a structure or use which would not be permitted under that amendment, the structure may be built or altered or the use established as a nonconforming structure or use as permitted under the building permit, provided that construction or alteration is commenced within six months after issuance of the permit and is diligently prosecuted to completion.

Vested application. Pursuant to RSA 676:12, VI, proposed changes in these ordinances or other land use regulations shall not apply to any plat or application which has been the subject of notice by the Planning Board pursuant to RSA 676:4, I(d), prior to the first legal notice of a proposed change in a building code or zoning ordinance or any amendment thereto. No proposed subdivision or site plan review or zoning ordinance or amendment thereto shall affect a plat or application which has been the subject of notice by the Planning Board pursuant to RSA 676:4, I(d), so long as said plat or application was the subject of notice prior to the first legal notice of said change or amendment. The provisions of this subsection shall also apply to proposals submitted to Planning Board for design review pursuant to RSA 676:4, II(b), provided that a formal application is filed with the Planning Board within 12 months of the end of the design review process.

Nonconforming property or a nonconforming condition may not be expanded, enlarged, extended, or intensified except as specifically provided for in this article and not without appropriate approvals from the Historic District Commission, Conservation Commission, ZBA and Planning Board.

A reduction in the nonconformity of a nonconforming use, structure or condition must be approved by the Planning and Development Department and the Director of Building, Zoning, and Licensing Services and may also be required to obtain Historic District Commission, ZBA and Planning Board approvals if the Director of Building, Zoning, and Licensing Services determines that issues associated with the changes are problematic and fall within the jurisdiction of these boards or commission.

Abandonment. If a nonconforming use has been discontinued for a period of at least one year it shall be considered abandoned by the owner and may not be resumed nor shall any other nonconforming use be established. Abandonment shall be construed as cessation of operations during that year where the circumstances around the cessation of operations are reasonably indicative of:

Conversion to conforming use. If a nonconforming use is converted to a conforming use, the nonconforming use shall be considered abandoned and may not be converted back again into a nonconforming use.

Special exception/conditional use. Any existing use which is not a permitted use but which was allowed as a special exception or a conditional use in a district shall continue to be allowed as long as it shall comply with all of its original requirements of approval.

Single-family homes. Existing single-family homes located in a zoning district which does not permit single-family use may be expanded or enlarged without limitation, by right, subject only to the setbacks, height, and maximum lot coverage within that district and other applicable provisions of this chapter.

Allowance to use. A nonconforming lot in separate ownership may, by right, be used in any manner allowed in that zoning district provided that:

Special exception. A nonconforming lot which does not meet all of the criteria listed above may be used for a proposed allowed use only by special exception based upon the standard criteria for special exceptions and a finding by the ZBA that the proposed use of the nonconforming lot is reasonable.

Existing buildings. An existing building situated on a nonconforming lot may be expanded by right, subject to other provisions of this chapter and compliance with setbacks, coverage, etc., since the nonconforming nature of the undersized lot is not affected by the expansion.

Expansion. In accordance with § 275-30.3 above, a nonconforming structure may be expanded by right where the proposed expansion does not increase the nonconformity. (Example: If a portion of a building encroaches into the rear setback, an addition could be placed in the front of the building but not within the rear setback area.)

Any nonconforming structure or part thereof declared unsafe by a proper governmental authority may be restored to a safe condition without Historic District Commission, Conservation Commission, ZBA or Planning Board action provided that no more than 50% of the value of the structure is being replaced.

Restoration must be commenced within 24 months of when the damage occurred;

The damage was not intentionally caused by the property owner;

The overall impact of the restored structure or use is determined to be no more adverse than the original structure or use;

In the case of nonconforming structures, reasonable efforts are made to minimize, mitigate, or eliminate the nonconforming conditions; and

Modifications to the original building configuration may be approved for good cause as determined by the Director of Building, Zoning, and Licensing Services.

Changed to conforming condition. Once any nonconforming condition is changed to a conforming condition the nonconforming condition may not be restored. Furthermore, once a nonconforming condition is reduced it may not afterward be restored to the earlier condition of greater nonconformity.

Lessen nonconforming condition. A property owner may by right seek to lessen a nonconforming condition. In applying to do so, he/she may not be compelled to completely eliminate the nonconforming condition, unless, as part of that application, it is determined that elimination of the condition is reasonable and not unduly burdensome.

Signs. Signs deemed to be nonconforming under this chapter shall be regulated under Article 29 of this chapter.

RSA. The provisions of RSA 674:39, Five-Year Exemption, apply as appropriate.