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Voluntown City Zoning Code

SECTION 12

NON-CONFORMING USES, BUILDINGS AND LOTS.

12.1. 
Buildings and Uses. Any use or building lawfully existing at the time of the effective date of these Regulations and which is not in conformity with the provisions of these Regulations shall be deemed a non-conforming use or building. Such use or building shall be permitted to continue provided it is not enlarged or changed to another non-conforming use considered by the Commission to be more objectionable than the existing use.
A. 
When a building is located on a conforming lot and the building is non-conforming because it encroaches into a required yard, said building may be extended or expanded, via applicable permit processes, provided such extension or expansion does not further violate the yard requirement.
B. 
A new accessory building may be constructed on a non-conforming lot without a variance provided the dimensional requirements of the district are complied with and provided the building is not larger than two hundred (200) square feet in area and ten (10') feet in height.
12.2. 
Lots. Any person who has, in good faith, acquired ownership of a lot which does not meet the area and lot width requirements of the district in which it is located due to the adoption of these regulations or an amendment thereto, may use said lot for the purposes permitted in that district, provided all yard requirements can be met and the Sanitarian approves the provisions made for water supply and sewage disposal, and providing the owner(s) of the lot do not also own adjoining property which, if merged with the nonconforming lot, would cause such lot to either become less nonconforming or comply with the provisions of these Regulations;
12.3. 
Setbacks and Coverage on Nonconforming Lots. On an existing, non-conforming lot that does not contain a minimum of 40,000 square feet of contiguous area with a minimum width of 100' in any direction that is free of water bodies, wetlands, and slopes in excess of 20% over more than 10% of the contiguous area, the following applies:
Enlargement, expansion, or replacement of an existing principal or accessory structure or the addition of a new accessory structure, following permitting by Public Health Officials, shall be allowable via a zoning permit via the following table:
Size of Lot of Record
Min. Front Yard Setback
Min. Side/Rear Yard Setback, Principal Structure
Min. Side/Rear Yard Setback, Accessory Structure under 200 square feet
Maximum Height
Maximum Lot Coverage by Buildings
Less than 10,000 sf.
20'
10'
5'
35'
25%
10,001 - 25,000 sf.
25'
10'
5'
35'
20%
25,001 - 40,000 sf.
35'
20'
10'
35'
15%