Westminster City Zoning Code
ARTICLE V
Nonconforming Buildings and Uses
§ 205-16 Continuation, alteration or enlargement.
[Amended STM 10-2-1978 by Art. 1]
A.
Any lawful use of any structure or land or both may be continued, although not conforming with the provisions of this chapter. A nonconforming business may be sold for a similar nonconforming purpose if not governed by the conditions of § 205-18.
B.
Existing nonconforming structures or uses may be extended or altered, provided that such extension or alteration conforms to the applicable land space and use requirements for that zoning district. No nonconforming extension or alteration is permitted unless there is a finding by the Zoning Board of Appeals that such a change, extension or alteration shall not be substantially more detrimental that the existing nonconforming structure or use to the neighborhood. Such action by the Board of Appeals shall be in accordance with Article XII of this chapter and MGL C. 40A.
[Amended STM 11-3-1994 by Art. 13]
C.
Nothing herein contained, however, shall prevent the alteration or enlargement of a sanitary disposal system which may be nonconforming, provided that such alteration or enlargement shall comply with all requirements of the State Department of Public Health or, if such system is not subject to state approval, with the requirements of the local Board of Health. No special permit or other action by the Board of Appeals shall be required in such event.
§ 205-17 Change to conforming use.
If any nonconforming use of any structure or land, or both, is changed to a conforming use, it shall not thereafter be put into any nonconforming use.
§ 205-18 Abandonment.
If any nonconforming development or use of land or of a building be discontinued for a period not less than 24 consecutive months, which, in the terms of this chapter, shall be evidence of abandonment of a nonconforming usage, such land or building shall thereafter be used or developed only in accordance with the terms of this chapter for the zoning district in which such property is located.
§ 205-19 Destruction or damage.
[Amended STM 10-2-1978 by Art. 1]
Any nonconforming building or structure destroyed or damaged by fire, flood, lightning, wind or other natural cause may be restored only to the extent of its former nonconforming use and status, provided that, before a building permit shall be issued, plans of the restored building and the site shall be reviewed within 45 days of initial application for a building permit with the Planning Board, and failure to act by the Planning Board within 45 days of application shall constitute approval. Work of restoration must commence within two years from the date of such destruction or damage.
§ 205-20 Amendments during construction.
[Added STM 10-2-1978 by Art. 1]
Construction or operation under a building permit or special permit shall conform to any subsequent amendment of this chapter, unless the use or construction is commenced within a period of six months after the issuance of the permit and, in cases involving construction, unless such construction is continued through to its completion, as continuously and expeditiously as is reasonable.