[Amended 12-7-2009 by Ord. No. 2009-001]
Any lawful building, structure or use of premises
existing at the effective date of the original Zoning Ordinance of
the Town of Milton, as approved by the Milton Town Council applying
to such building, structure, or use of premises, may be continued
although such building, structure, or use of premises does not conform
to the provisions of this chapter; provided, however, that:
A.Â
Nothing herein contained shall be construed to render
lawful any use not lawfully conforming to provisions of the Town of
Milton Zoning Ordinance.
B.Â
Any extension of a nonconforming use must conform
to the provisions of this chapter and not impair the value of the
adjoining properties or adversely affect the character of the neighborhood.
C.Â
No nonconforming use shall be enlarged, extended or
increased during its life to an extent exceeding 15% of its existing
gross floor area or in aggregate value 50% of the replacement cost
of the building, whichever is greater, unless said building or structure
is changed to conform to the requirements of this chapter.
D.Â
A building or structure containing a nonconforming
use may be repaired or strengthened sufficiently to remove a hazard
to public safety, as such hazard may be determined by the Code Enforcement
Officer, but not so as to perpetuate the nonconforming use or character
of the structure. Nothing in this chapter shall prevent the strengthening
or restoring to a safe condition any wall, floor or roof which has
been declared unsafe by the Code Enforcement Officer.
E.Â
A building used to house a nonconforming use may be
restored if damaged or destroyed by fire, flood, earthquake or act
of God. Substantial restoration shall be initiated within six months
of the occurrence of the damage. Any building damaged by such occurrence
to the extent of more than 50% of its replacement value and not demolished
shall be repaired or rebuilt within a six-month period to conform
to the building line of the original structure.
[Amended 1-9-2023 by Ord. No. 2022-008]
F.Â
No nonconforming use shall be maintained, renewed,
changed or extended without a certificate of occupancy having first
been issued by the Code Enforcement Officer.
A.Â
Any building or land which is used for or occupied
by a nonconforming use and which is changed to or replaced by a conforming
use, shall not thereafter be used for or occupied by a nonconforming
use.
B.Â
When a nonconforming use has been discontinued for
a period of one year, it shall be deemed abandoned, regardless of
intent or lack thereof,and shall not thereafter be reestablished,
and the future use shall be in conformity with the provisions of this
chapter.
[Amended 4-5-2021 by Ord. No. 2021-002]
A building or structure of nonconforming use may be repaired or restored to a safe condition except as specified in § 220-71E.
Any building or structure for which a building
permit was issued prior to the effective date of this chapter, or
any subsequent amendment thereof applying, may be completed and used
in accordance with the plans and specifications for such building
and structure.
A building permit shall not be issued for any
lot that is reduced in area so that it creates nonconforming bulk
or a use in violation of any regulations contained in this chapter.
[Amended 1-9-2023 by Ord. No. 2022-008]
Except as herein provided, in any residential
district where the owner of a lot at the time of original enactment
of this chapter or successor in title thereto does not own sufficient
land to enable the owner to conform to the minimum lot area and or/frontage
requirements of this chapter, such lot may be used as a building site
for a single-family detached dwelling unit, provided that all requirements
for the district where said lot is located are maintained, except
that pertaining to minimum lot size.
