A.
Continuance. Any nonconforming use of land, buildings
or structures lawfully existing at the effective date of this chapter
may be continued, and any building so existing which was designed,
arranged, intended for or is devoted to a nonconforming use may be
structurally altered and the nonconforming use therein continued,
subject to the conditions set forth below. Similarly, whenever a district
shall be changed hereafter, the provisions of this chapter with regard
to any building or uses lawfully existing at the time of the passage
of this chapter shall apply, subject to the conditions set forth below,
to any building or use lawfully existing in such changed district
at the time of the passage of such amendment.
B.
Enlargement.
(1)
Nonconforming uses. No nonconforming use of land shall
be enlarged, extended or altered and no building or other structure
or part thereof devoted to a nonconforming use, including two-family,
three-family, and multifamily residential uses in districts and lots
that only allow single-family homes, shall be enlarged, extended,
reconstructed or structurally altered, except where the result of
such changes is to reduce or eliminate the nonconformity. No nonconforming
use of a building or other structure shall be extended to occupy land
outside such building or other structure or space in another building
or other structure. The Zoning Board of Appeals may grant a special
exception to allow limited expansion of nonconforming industrial uses
and industrial uses allowed by variances or special exceptions of
up to 25%, if the Zoning Board of Appeals finds that:
[Amended 1-3-2012]
(a)
All other requirements (bulk, height, coverage,
etc.) of the zone in which said use is located are met.
(b)
Extraordinary measures are taken to screen and
further protect the neighborhood.
(c)
The twenty-five-percent expansion is limited
to the size of the structure or the area of the lot devoted to said
nonconforming use. In a commercial zone, forty-percent lot coverage
shall be allowed for nonconforming industrial use(s).
(d)
The 25% is based upon the size of the building
or amount of land devoted to the nonconforming use at the time of
the adoption of this chapter.
(2)
Nonconforming buildings. No building which does not
conform to the requirements of this regulation regarding building
height limit, area and parking facilities shall be enlarged in excess
of a total of 10% beyond that which exists at the time of the adoption
of this chapter, unless such enlarged portion conforms to the regulations
regarding width of lot, percentage of lot coverage and required yards
applying to the district in which it is located and unless a special
exception permit for said enlargement is approved by the Zoning Board
of Appeals.
C.
Movement. No nonconforming use of land shall be moved
to another part of the lot on which it is located, and no nonconforming
use of a building or structure shall be moved to any part of the building
or structure not manifestly arranged and designed for such use at
the time the use became nonconforming. No building or structure containing
a nonconforming use shall be moved, unless the result of any such
moving is to end the nonconforming use.
D.
Reconstruction. No nonconforming buildings demolished
and discontinued pursuant to Connecticut General Statues (CGS) Chapter
124 § 8-2, as amended, shall be thereafter reconstructed.
[Amended 9-30-2019]
A.
A nonconforming use may be changed to another nonconforming
use, subject to approval of a special exception permit by the Zoning
Board of Appeals and the following conditions:
B.
If any building in or on which any nonconforming use
is conducted or maintained is hereafter removed, the subsequent use
of the land on which such building was located and the subsequent
location and use of any building thereon shall be in conformity to
the regulations specified by this chapter for the district in which
such land is located.
C.
No nonconforming use shall, if once changed into a
conforming use, be changed back again into a nonconforming use.
A.
No nonconforming use which has been discontinued pursuant
to CGS Chapter 124 § 8-2, as amended, shall be thereafter
resumed.
[Amended 9-30-2019]
B.
Ownership. Nothing in this chapter shall be deemed
to require discontinuance of a nonconformity because of mere change
of title or possession of property, except as otherwise provided herein.
Nothing in this chapter shall be deemed to prevent
normal maintenance and repair or structural alteration in nonconforming
buildings, provided that such action does not increase the degree
of or create any new nonconformance with regard to the regulations
pertaining to such buildings. Further, nothing in this section shall
be deemed to prevent the carrying out, upon issuance of a building
permit, of major structural alterations or demolition in the interest
of public safety.
