Saint John City Zoning Code
Art. XV
Nonconforming Uses, Structures, and Lots, §§ 24-571—24-590
Sec. 24-571. Continuation.
Any lawful building or other structure, or any lawful use of a building or other structure or land, existing on the effective date of the ordinance from which this chapter derives, which does not conform with the provisions of this chapter, shall be considered a lawful nonconforming building, structure or use, and may be continued except as otherwise herein provided in this chapter.
Sec. 24-572. Extension.
Any lawful nonconforming use of a portion of a building may be extended throughout the building and any lawful nonconforming use may be extended or enlarged upon the lot occupied by such building that is held in single and separate ownership on the effective date of the ordinance from which this chapter derives, provided that the area of such buildings shall not be increased by more than a total of twenty-five (25) percent of the total area of the first floor of such building existing on the date it first became a lawful nonconforming building or a building on which a lawful nonconforming use is made and provided further that any structural alteration, extension or addition shall conform with all height, area, width, yard and coverage requirements for the zoning district in which it is located and shall comply with all provisions of this chapter.
Sec. 24-573. Change.
Wherever a nonconforming use or a building or land has been changed to a conforming use, such conforming use shall not thereafter be changed to or revert to a nonconforming use.
Sec. 24-574. Restoration.
Any lawful nonconforming building or other structure which has been involuntarily damaged or destroyed by fire, explosion, windstorm, or other similar active cause, to an extent of not more than fifty (50) percent of its fair market value, may be reconstructed in the same location, provided that:
(1) The reconstructed building or structure shall not exceed the height, area or volume of the damaged or destroyed building or structure, except as provided in section 24-572; and
(2) Reconstruction shall begin within six (6) months from the date of damage or destruction and shall be carried on without interruption.
Sec. 24-575. Abandonment.
If a lawful nonconforming use of a building or other structure is abandoned or discontinued for a continuous period of six (6) months or more, or if a lawful nonconforming use of land is abandoned or discontinued for a continuous period of six (6) months or more, subsequent use of such building or structure or land shall be in conformance with the provisions of this chapter.
Sec. 24-576. Lots nonconforming as to area and width regulations and lots of unusual dimensions.
(a) A building may be erected or altered on any lot held in single and separate ownership on the effective date of the ordinance from which this chapter derives which is not of the required minimum area or width or is of such unusual dimensions that the owners would have difficulty in providing the required open spaces for the Zoning District in which the lot is situated, provided however, notwithstanding anything in the above to the contrary, no building shall be constructed on a lot less than six thousand (6,000) square feet in area or less than fifty (50) feet in width.
(b) Where at least two (2) and not more than five (5) contiguous undeveloped lots are held in single ownership within a subdivision which has been duly recorded prior to the effective date of the ordinance from which this chapter derives, which lots are individually not of the required minimum area or width for the zoning district in which they are situated, no variance shall be required for the issuance of building permits, provided that such lots shall be developed in groups or fractions thereof, as single lots, to provide the minimum lot area required for each structure. Such groups or fractions of lots developed as single lots shall be re-subdivided as provided in the subdivision control ordinance.
Sec. 24-577. Subdivisions previously approved.
In the case of a plat of land, a plat for the subdivision of which into two (2) or more parcels or lots for the purpose of development and sale has, prior to the effective date of the ordinance from which this chapter derives, been duly approved and recorded as required by law, which plat does not make provisions for full adherence to the regulations of this chapter governing minimum lot areas or widths, front, side or rear yards, or building coverage, but was in conformity with such regulations as were effective at the time such plan was approved and recorded, the development and sale contemplated by the plat may not proceed unless brought into complete compliance with this chapter.