13.1 Intent: It is the intent of these Regulations that nonconformities are not to be expanded, that they should be changed to conformity as quickly as the fair interests of the parties permit and that the existence of any existing nonconformity shall not in itself be considered grounds for the issuance of a variance for any other property.

13.2 Definitions: A nonconforming use, building or other structure, or lot is one which existed lawfully, whether by variance or otherwise, on the date these Regulations or any amendment hereto became effective, and which fails to conform to one or more of the provisions of these Regulations or such amendment hereto. No nonconforming use, building or other structure, or lot shall be deemed to have existed on the effective date of these Regulations unless 1) it was actually in being on a continuous basis on such date, and 2) if such nonconformity is a use, such use had not been discontinued within the meaning of Paragraph 13.4. For the purposes of Paragraph 13.3 "actual construction" is hereby defined to include no less than the placing of construction materials in a permanent position and fastened to the earth in a permanent manner.

13.3 Change in Plans: Nothing in these Regulations shall be deemed to require a change in the plans, construction or designated use of any building or other structure for which either 1) any required Building Permit shall have been issued prior to promulgation of these Regulations or 2) application for a ZONING PERMIT has been approved and any required Building Permit shall have been issued subsequent to promulgation of these Regulations and, in each case, on which actual construction was lawfully begun in good faith prior to such date and diligently prosecuted to completion within two (2) years following such date.

13.4 Discontinuance: No nonconforming use of land, building or other structure which shall have been discontinued with intent to abandon said use for a continuous period of one (1) year shall thereafter be resumed or be replaced by any other nonconforming use.

13.5 Repair: Nothing in this Section shall be deemed to prohibit work on any nonconforming building or other structure when required by law to protect the public health or safety and when ordered by the Fire Marshal or Director of Health, provided that such work does not increase the nonconformity. Nothing in this Section shall be deemed to prohibit work on ordinary repair and maintenance of a nonconforming building or other structure or replacement of existing materials with similar materials.

13.6 Enlargement: No nonconforming use of land shall be enlarged, extended or altered, and no building or other structure or part thereof devoted to a nonconforming use shall be enlarged, extended, constructed, reconstructed or structurally altered, except where the result of such changes is to reduce or eliminate the nonconformity. No nonconforming use of a building or other structure shall be extended to occupy land outside such building or other structure or space in another building or other structure. No nonconforming building or structure shall be enlarged, extended, constructed, reconstructed or altered, if the result would be an increase in nonconformity, except that any dwelling, including decks and porches attached thereto, located in an R-20 zone which is legally nonconforming with respect to the side yard requirement of said zone (schedule B, line 8) may be enlarged and extended into the required side yard to the same extent as the existing dwelling. However, no such enlarged or extended building or structure shall be permitted when the resulting separation from a principal building on the adjacent lot would be less than ten (10) feet or the separation from the side property line would be less than five (5) feet. This exception does not apply to accessory buildings or structures.

13.7 Moving: No nonconforming use of land shall be moved to another part of a lot or outside the lot, and no nonconforming use of a building or other structure shall be moved or extended to any part of the building or other structure not manifestly arranged and designed for such use at the time the use became nonconforming, and no building or other structure containing a nonconforming use shall be moved, unless the result of any such move is to end the nonconformity. No nonconforming building or structure shall be moved unless the result of such moving is to reduce or eliminate its nonconformity.

13.8 Change: No nonconforming use of land, buildings or other structure shall be changed to any use which is substantially different in nature and purpose from the former nonconforming use except such uses as are permitted as of right in the district in which they are to be located. No nonconforming use of land, building or other structure if once changed to conform or to more nearly conform to these Regulations shall thereafter be changed so as to be less conforming again. No nonconforming building or structure if once changed to conform or to more nearly conform to these Regulations shall thereafter be changed so as to be less conforming again.

13.9 Signs: Signs of a size or type not permitted in the district in which they are situated, or which are improperly located or illuminated, or nonconforming in any other way, shall be considered nonconforming structures under this Section, and any increase in size, illumination, or flashing of such signs shall be deemed to be an enlargement or extension producing an increase in nonconformity.

13.10 Casualty: If any nonconforming building or other structure or any building or structure containing a nonconforming use shall be destroyed by fire or other casualty, the building or other structure may be reconstructed or repaired and the same nonconforming use resumed, provided that such reconstruction is started within a period of one (1) year from such casualty and diligently prosecuted to completion. In the event of failure to start such reconstruction or repair within a period of one (1) year from casualty and to complete the same within 18 months from such casualty, or within such additional period, not exceeding six (6) months, as the Zoning Commission may grant upon written application made to it, the right under this paragraph to reconstruct or repair such building or other structure and the right to resume such nonconforming use shall be lost and terminated.

13.11 Lots: A lot, as defined in Section 1, which fails to conform to the area, shape or frontage requirements of these Regulations may be used and a building or other structure constructed, reconstructed, enlarged, extended, moved or structurally altered thereon, subject to all of the following standards and conditions:

13.11.1 The lot shall conform to the minimum access requirements of Par. 1.9.

13.11.2 The owner of the lot shall not own sufficient contiguous land which when combined with the lot would make a conforming lot or more nearly conforming lot, provided however, that a nonconforming lot shown on a subdivision map approved by the Southbury Planning Commission subsequent to January 18, 1966 and filed in the Office of the Southbury Town Clerk and having no more than 15% of the area of such lot consisting of wetlands and watercourses may be used as a lot separate from such contiguous land.

13.11.3 The use, building or other structure on the lot shall conform to all other requirements of these Regulations.

13.11.4 If used for a dwelling, the lot shall contain a minimum area of 10,000 square feet and the dwelling shall be served by a public or community water supply system or, if not so served, the lot shall contain a minimum area of 20,000 square feet, provided however, that any existing dwelling on a nonconforming lot may be enlarged, extended or structurally altered and permitted accessory buildings and uses may be added to the lot without need to comply with the aforesaid minimum lot area requirements.

13.12 Title: No change of title, possession or right of possession shall be deemed to affect right to continue a nonconforming use, building or other structure.

13.13 Site Development: Site development, including landscaping and all other features of site and building development that are subject to the standards of Section 7 - Site Development Plan Standards, which fail to conform to the requirements of these Regulations under Section 7 shall be deemed a nonconformity. No use for which a SITE DEVELOPMENT PLAN is required to be submitted under Par. 14.2 and Section 7 shall be enlarged, extended, changed or moved, no building or other structure for which such PLAN is required shall be enlarged, extended, moved or reconstructed and no site development shall be enlarged, extended, moved or reconstructed unless such nonconformity is eliminated, provided that the Planning Commission, in accordance with the provisions of Par. 7.3 of Section 7, may grant a SPECIAL EXCEPTION authorizing continuation or reduction of the nonconformity. Any use, building or other structure existing on September 9, 1970 and to which Section 7 is applicable shall not be deemed nonconforming solely for the reason that a SITE DEVELOPMENT PLAN therefor has not been approved under these Regulations.