Where at the effective date of adoption of amendments of this
chapter lawful use of land exists that is made no longer permissible
under the terms of this chapter as enacted or amended, such use may
be continued so long as it remains otherwise lawful, subject to the
following provisions:
A. No such nonconforming use shall be enlarged or increased or extended
to occupy a greater area of land than was occupied at the effective
date of adoption or amendment of this chapter.
B. No such nonconforming use shall be moved in whole or in part to any
other portion of the lot or parcel occupied by such use at the effective
date of adoption or amendment of this chapter.
C. If any such nonconforming use of land ceases to exist for a period
of one year, any subsequent use of such land shall conform to the
regulations specified by this chapter for the zoning district in which
such land is located unless the owner demonstrates to the satisfaction
of the ZEO that the owner's intent was not to abandon such use.
Where a lawful structure containing a permitted use exists at
the effective date of adoption or amendment of this chapter that could
not be built under the terms of this chapter by reason of restrictions
on area, lot coverage, height, yards or other characteristics of the
structure or its location on the lot, such structure may be continued
so long as it remains otherwise lawful, subject to the following provisions:
A. Should such structure be destroyed or damaged by fire, explosion
or act of God it may be repaired or replaced to its original dimensions
existing immediately prior to such damage or destruction. If such
repair or replacement is not begun within one year from the date of
such damage or destruction, it shall not be reconstructed except in
conformity with the provisions of this chapter.
B. Should such structure be moved for any reason for any distance whatsoever,
it shall be made to conform to the regulations for the zoning district
in which it is located after it is moved.
C. Such nonconforming structures shall not be structurally altered,
reconstructed or expanded unless such alterations or expansions conform
to all applicable setback, building height, coverage and use requirements,
or are alterations required by law. In addition, maintenance and repair
work required to keep a nonconforming structure in sound condition
shall also be permitted.
D. In accordance with the provisions of the Connecticut General Statutes
§ 8-13a, when a building is so situated on a lot that it
violates this chapter with respect to its relation to the boundaries
of the lot, and such building has been so situated for three years
without the institution of an action by the administrative official
to enforce such regulations, such building shall be deemed a nonconforming
building in relation to such boundaries. Although the structure may
become legally nonconforming with respect to its relationship to the
boundaries of the lot, it shall not become legally nonconforming with
respect to any other provisions of this chapter, uses of land, structures,
or both, which were not legally established prior to this chapter
or in conformance with this chapter, and shall not become legally
nonconforming by the passage of time.
If a lawful use of a structure, or a structure and lot in combination,
exists at the effective date of adoption or amendment of this chapter
that would not be allowed in the zoning district under the terms of
this chapter, the lawful use may be continued so long as it remains
otherwise lawful, subject to the following provisions:
A. No existing structure devoted to a use not permitted by this chapter
in the zoning district in which it is located shall be enlarged, extended,
constructed, reconstructed, moved or structurally altered in a manner
which increases the nonconformity except in changing the use of the
structure to a use permitted in the zoning district in which it is
located.
B. Any structure or structure and lot in combination, in or on which
a nonconforming use is superseded by a permitted use, shall thereafter
conform to the regulations for the zoning district in which such structure
is located, and the nonconforming use may not thereafter be resumed.
C. When a nonconforming use of a structure, or structure and lot in
combination, ceases to exist for one year, the structure and premises
in combination shall not thereafter be used except in conformance
with the regulations of the zoning district in which it is located
unless the owner demonstrates to the satisfaction of the ZEO that
the owner's intent was not to abandon such a use.
Nothing in this chapter shall be deemed to prevent the strengthening
or restoring to a safe condition of any building or part thereof declared
to be unsafe by any official charged with protecting the public safety
upon order of such official.