West Haven City Zoning Code
NONCONFORMING BUILDINGS
AND USES
§ 157.815 MAINTENANCE PERMITTED.
A nonconforming building or structure may be maintained.
(Prior Code, § 60.02) (Ord. 2-92, passed - -1992)
§ 157.816 REPAIRS, ALTERATIONS.
Repairs and structural alterations may be made to a nonconforming use. Any nonconforming building, or portion thereof, declared unsafe by the Building Inspector may be strengthened or restored to a safe condition.
(Prior Code, § 60.04) (Ord. 2-92, passed - -1992)
§ 157.817 ADDITIONS AND ENLARGEMENTS.
(A) A building or structure nonconforming as to use regulations shall not be added to or enlarged in any manner, unless such building or structure, including such additions and enlargements, is made to conform to all the regulations of the zone in which it is located.
(B) A building or structure nonconforming as to height, area, or yard regulations shall not be added to, or enlarged, in any manner unless such addition and enlargement conforms to all the regulations of the zone in which it is located.
(Prior Code, § 60.06) (Ord. 2-92, passed - -1992) Penalty, see § 157.999
§ 157.818 ALTERATION WHERE PARKING INSUFFICIENT.
A building or structure lacking sufficient automobile parking space in connection therewith, as required by this subchapter, may be altered or enlarged; provided, additional automobile parking space is supplied to meet the requirements of this subchapter for such alteration or enlargement.
(Prior Code, § 60.08) (Ord. 2-92, passed - -1992)
§ 157.819 MOVING NONCONFORMING BUILDINGS.
No nonconforming building or structure shall be moved, in whole or in part, to any other location on the lot, except by permit of the Board of Adjustment as herein provided, unless every portion of such building or structure is made to conform to all regulations of the zone in which it is located.
(Prior Code, § 60.10) (Ord. 2-92, passed - -1992) Penalty, see § 157.999
§ 157.820 RESTORATION OF DAMAGED BUILDINGS.
A nonconforming building or structure which is damaged, partially destroyed by fire, flood, wind, earthquake, or other calamity, or act of God or the public enemy, may be restored, and the occupancy or use of such building, structure, or part thereof, which existed at the time of such partial destruction may be continued or resumed; provided, that such restoration is started within a period of 180 days and is diligently prosecuted to completion.
(Prior Code, § 60.12) (Ord. 2-92, passed - -1992)
§ 157.821 ONE-YEAR VACANCY OR ABANDONMENT.
(A) A building or structure, or portion thereof, nonconforming as to use which is, or hereafter becomes, vacant and remains unoccupied for a continuous period of 180 days, except for dwellings and buildings to house animals and fowl, shall not thereafter be occupied except by a use which conforms to the use regulations of the zone in which it is located.
(B) Wherever a nonconforming use has been discontinued for a period of 180 days, such use shall not thereafter be re-established, and any future use shall be in conformance with the provisions of this subchapter. Any building, structure, or use for which a valid building permit has been issued and actual construction was lawfully begun prior to the effective date of this subchapter may be completed and used in accordance with the plans, specifications, and permit on which said building permit was granted. ACTUAL CONSTRUCTION is hereby defined to be: The actual placing of construction materials in their permanent position, fastened in a permanent manner, actual work in excavating a basement, or the demolition or removal of an existing structure begun preparatory to rebuilding; provided, that in all cases, actual construction work shall be diligently carried on until the completion of the building or structure involved.
(Prior Code, § 60.14) (Ord. 2-92, passed - -1992) Penalty, see § 157.999
§ 157.822 CONTINUATION OF USE.
The nonconforming use of a building or structure, existing at the time this subchapter became effective, may be continued.
(Prior Code, § 60.16) (Ord. 2-92, passed - -1992)
§ 157.823 OCCUPATION WITHIN ONE YEAR.
A vacant nonconforming building or structure may be occupied by a use for which the building or structure was designed or intended if so occupied within a period of 180 days after the building or structure became nonconforming.
(Prior Code, § 60.18) (Ord. 2-92, passed - -1992) Penalty, see § 157.999
§ 157.824 CHANGE OF USE.
Except by permit of the Board of Adjustment, as provided in §§ 157.035 through 157.048, the nonconforming use of a building or structure may not be changed except to a conforming use; but where such change is made to a conforming use, the use shall not thereafter be changed back to a nonconforming use.
(Prior Code, § 60.20) (Ord. 2-92, passed - -1992)
§ 157.825 EXPANSION OF USE PERMITTED.
A nonconforming use may be extended to include the entire floor area of the existing building in which it was conducted at the time the use became nonconforming; provided, however, that a certificate of occupancy be first obtained for such extension of use.
(Prior Code, § 60.22) (Ord. 2-92, passed - -1992)
§ 157.826 NONCONFORMING USE OF LAND.
The nonconforming use of land, or a portion thereof, existing at the time this subchapter became effective may be continued. No such nonconforming use of land shall, in any way, be expanded or extended either on the same or adjoining property; and, provided that if such nonconforming use of land, or any portion thereof, is abandoned or changed, any future use of such land shall be in conformity with the provisions of this subchapter.
(Prior Code, § 60.24) (Ord. 2-92, passed - -1992) Penalty, see § 157.999