[Amended 9-13-2011 by Order 11-153]
A. Expansion of a nonconforming structure. A nonconforming structure
may be expanded, repaired, maintained or improved subject to the provisions
of this article.
(1)
The expansion shall be attached to the existing structure.
(2)
Nonconforming front, side or rear yard setback. A structure
may be expanded within a nonconforming yard area so long as the expansion
does not further extend into a nonconforming front, side or rear yard
setback.
(3)
Nonconforming height limit. Where a structure contains a portion
that is nonconforming in its height at the time of the adoption of
this chapter, the height of the remaining portion of the building
may be increased so long as the expansion does not extend further
than the existing height of the structure.
(4)
All other setback requirements in the appropriate zoning district
shall be met.
(5)
An expansion of a nonconforming use within an expanded nonconforming structure must meet the standards of §
120-203.
(6)
Expansion with a variance.
(a)
An applicant for an expansion that cannot meet the standards of Subsection
A(2) or
(3), above, must seek a variance form the Board of Appeals.
(b)
The Board of Appeals shall use the appropriate variance standards of Article
11 for the review of applications under this section.
B. Reconstruction or replacement.
(1)
A nonconforming structure that is damaged or destroyed by any cause, or is demolished, may be reconstructed or replaced, provided that a building permit is obtained within two years of the date of damage, destruction, or demolition. The replacement or reconstruction of any nonconforming portion of the structure must be located within the original building footprint. The replacement or reconstruction may increase or decrease the number of square feet of floor area, but may not create any additional, or expand any existing, nonconformity, except as allowed by §
120-202A above.
(2)
The Code Enforcement Officer shall grant a one-year extension
for the reconstruction or replacement of structures that are involved
in litigation.
[Amended 2-28-2017 by Order 17-037]
A. A use allowed in the zoning district may be erected on any single lot of record at the effective date of adoption or amendment of this chapter, provided that such lot shall be in separate ownership and not contiguous with any other lot in the same ownership and that all other dimensional standards of this chapter shall be met. In the event that all other dimensional standards cannot be met, the property owner may apply for a variance in accordance with Article
11 of this chapter.
[Amended 10-24-2023 by Order No. 23-193]
B. If two or more contiguous lots or parcels are in single ownership
of record at the time of adoption or amendment of this chapter and
if all or part of the lots do not meet the dimensional and area requirements
of this chapter, the lands involved shall be considered to be a single
parcel for the purpose of this chapter, and no portion of said parcel
shall be built upon or sold which does not meet dimensional and area
requirements of this chapter, nor shall any division of the parcel
be made which creates any dimension or area below the requirements
of this chapter. Two contiguous lots in single ownership prior to
July 8, 1976, which each have an existing residential structure(s)
on them and which do not meet the requirements of this chapter are
exempt from this section and may be divided. When such lots are divided,
each lot thus created must be as conforming as possible to the dimensional
requirements of this chapter.
C. Lots in subdivisions approved by the Windham Planning Board after February 7, 1972, are exempt from the provisions of §
120-204A and
B, above.
D. Alteration of nonconforming lots. A nonconforming lot, legally existing
as of the effective date of this chapter, may be further divided or
have its lot lines altered, provided that such action does not increase
or extend the degree of, or create any new, nonconformity with regard
to any applicable dimensional standard.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Expansion of a nonconforming mobile home park shall conform
to the dimensional standards of the zoning district in which the park
is situated, provided that:
A. No lot within the park that is served by public sewer shall be less
than the smaller of 6,500 square feet or the area of the smallest
residential lot size allowed in the Town of Windham;
B. No lot within the park that is served by septic shall be less than
20,000 square feet in size; or
C. The size of any lot served by a central on-site subsurface wastewater
disposal system approved by the Department of Health and Human Services
shall be at least 12,000 square feet in area, provided that the overall
density of the mobile home park is not greater than one home for every
20,000 square feet.