Weston City Zoning Code
ARTICLE IX
Nonconforming Uses and Structures
§ 240-60 Continuing existing nonconforming uses.
Any lawful use of a building or of land existing on the effective date of these regulations may be continued, even though such use does not conform with the use provisions of these regulations. Such uses shall be deemed nonconforming uses.
§ 240-61 Nonconforming use of land.
Where no building is involved, the nonconforming use of land may be continued; provided, however, that:
A.
Such nonconforming use shall not be enlarged or increased, nor shall it be extended to occupy a greater area of land than that occupied by such use at the time of the adoption of these regulations.
B.
Such nonconforming use shall not be moved in whole or in part to any other portion of the lot or parcel of land occupied by such nonconforming use at the time of the adoption of these regulations.
C.
If such nonconforming use of land, or any portion thereof, is intentionally abandoned or is changed to a conforming use, any future use of such land shall be in conformity with all requirements of these regulations.
[Amended 4-10-2008]
§ 240-62 Nonconforming use of buildings.
A.
A building or structure, the use of which does not conform to the use regulations for the district in which it is situated, shall not be enlarged or extended unless the use therein is changed to a conforming use.
B.
Such nonconforming building or structure shall not be structurally altered or reconstructed unless such alterations are required by law; provided, however, that such maintenance and repair work as is required to keep a nonconforming building or structure in safe condition shall be permitted.
C.
A nonconforming use may be extended throughout any parts of the building or structure which were manifestly arranged or designed for such use at the time of the adoption of these regulations, notwithstanding the restriction of Subsection A above, provided that such extension is made within one year of the effective date of these regulations.
D.
A nonconforming use of a building or structure may be changed only to a conforming use.
E.
If any nonconforming use of the building or structure is intentionally abandoned or is changed to a conforming use, or if a structure in which such use is conducted or maintained is moved for any distance whatsoever, for any reason, then any future use of such building or structure and the land on which it was located shall be in conformity with all standards specified by these regulations for the district in which it is located.
[Amended 4-10-2008]
§ 240-63 Nonconformity other than use.
[Amended 4-10-2008]
A building or structure which is conforming in use but does not conform to the height, setback, and land coverage, parking or similar dimensional requirement of these regulations shall not be considered to be nonconforming within the meaning of §§ 240-62 and 240-64 of these regulations. However, no permit shall be issued nor shall any changes be made on such building or structure that will result in the increase of any such nonconforming features nor shall any nonconforming part of the structure be increased in height.
§ 240-64 Restoration of damaged buildings.
A.
Any building or structure which is nonconforming in use and is damaged or destroyed by any means to an extent greater than 50% of its fair market value shall be permitted to be reconstructed only if the future use of the building or structure is in conformity with these regulations.
B.
Such a nonconforming building or structure damaged to an extent less than 50% of said fair market value may be rebuilt, provided that:
(1)
The cost of such reconstruction or structural alteration is less than 50% of the fair market value of the reconstructed property;
(2)
The reconstruction or structural alteration is commenced within six months of the date of such damage or destruction and completed within 18 months; and
(3)
Where such rebuilding can be feasibly accomplished so as to result in greater conformity with these regulations, then such rebuilding shall be so done.
