It is the intent of these regulations to reduce all nonconforming uses, lots, buildings, and structures to conformity as quickly as possible and in no way to allow the extension or enlargement of the nonconformity unless specifically authorized in these regulations. It is also the intent of these regulations, however, to minimize undue hardship for those whose purchase, ownership, or use of the property predated applicable provisions of these regulations.
A. 
No increase in nonconformity. No lot or parcel shall hereafter be decreased in size, by sale, devise, descent, gift, or otherwise, so that it or any part of it, or so that any structure or building thereon, shall fail to comply with these regulations or shall increase the extent of any nonconformity.
B. 
Use of nonconforming lots, merger.
(1) 
The construction of a permitted building or structure, or the establishment of a permitted use, on a nonconforming lot or parcel may be allowed by the Zoning Board of Appeals as a special exception in accordance with Article 13 of these regulations and subject further to the requirements set forth in this § 315-9.02B; provided, however, that if title to a nonconforming parcel or lot, whether improved or not, was at any time after the adoption of Zoning Regulations in the Town of Willington or is now vested in any person(s) that own(s) any parcel or parcels of land contiguous to it, then so much of said contiguous land (including the nonconforming parcel) as is required to conform to these regulations shall be deemed to be a single parcel for zoning purposes, and thereafter may not be divided, sold, transferred, or improved in any manner which would create or result in a nonconformity or in an increased or further nonconformity. In the event that all contiguous lands of said person(s) are together insufficient to meet the minimum requirements of these regulations, then all said contiguous land shall be considered as a single nonconforming parcel for the purposes of this section. The foregoing merger provisions shall not apply to any lot approved pursuant to Chapter 310, Subdivision Regulations, and Zoning Regulations as in force at the time of such approval, pursuant to C.G.S. § 8-26a(b).
(2) 
The construction of a permitted building or structure, or the establishment of a permitted use, on a nonconforming lot or parcel shall conform to all provisions of Article 8, Area, Yard and Height Requirements, of these regulations, and also to all provisions of § 315-4.04, Lot compliance and buildable area, of these regulations, except as the same may be varied by the Zoning Board of Appeals pursuant to these regulations and the Connecticut General Statutes.
A. 
No extension or enlargement. Any nonconforming use, as defined by these regulations, shall be permitted to continue, notwithstanding any other provision of these regulations or any amendment hereof; provided, however:
(1) 
Such use was lawfully existing at the time of its establishment and has not been abandoned, as defined herein.
(2) 
Such use shall not be enlarged or extended (see Article 3, Definitions); provided, however, that a nonconforming use may be extended by not more than 50% of the nonconforming floor area or the nonconforming land area occupied upon the issuance of a special exception by the Zoning Board of Appeals pursuant to Article 13 of these regulations.
(3) 
Except as provided in the preceding subsection, such use shall not be altered in such manner as to increase the nonconformity of such use (see § 315-9.03C below concerning substitution).
(4) 
Except as provided in Subsection A(2), no nonconforming use shall be moved to any portion of a building, structure, or any part of a parcel of land where such use did not previously exist.
(5) 
A nonconforming use, if changed to a use in conformance with these regulations, shall not thereafter be changed back to a nonconforming use.
B. 
Restoration and repair of buildings containing nonconforming use. A building or structure containing a nonconforming use may be altered or improved, but not extended or enlarged, and may be repaired or reconstructed as made necessary by normal wear and tear or deterioration. Any building or structure containing a nonconforming use which has been destroyed or damaged by fire, explosion, flood, or any act of God or public enemy may be restored to the same dimensions, floor area and cubic volume lawfully existing immediately prior to such damage or destruction, provided such restoration is commenced within one year and completed within two years of such damage or destruction.
C. 
Substitution. Any nonconforming use may be replaced with another nonconforming use as a special exception before the Zoning Board of Appeals in accordance with Article 13, Special Permit/Exception, of these regulations, provided that such replacement use is consistent with the public health, safety and welfare; with the character of the neighborhood, adjacent properties and zones; with the appropriate and orderly development of the neighborhood, adjacent properties, and zones; and provided, further, that such replacement use creates no greater impact on the property, the neighborhood, adjacent properties and zones, in terms of parking, volumes and types of traffic, property values, hours of operation, exterior appearance of the building, structure or lot, or any other factors to be considered by the Board pursuant to Article 13 of these regulations.
D. 
Abandonment by nonuse or change of use. Any nonconforming use shall lose its nonconforming status and shall thereafter conform to these regulations if said use is abandoned for a period of one year or more, or if it is altered to a conforming use. For any nonconforming use which has ceased operation or existence for any period of time, the Zoning Agent may require evidence that the use was in fact carried on within the said one-year period, or that there was no intent to abandon the use, prior to the issuance of a certificate of zoning compliance or issuance of a cease and desist order. Refusal or granting of such a certificate, or issuance of a cease and desist order, may be appealed by any aggrieved party to the Zoning Board of Appeals, as provided by state statutes.
E. 
Voluntary abandonment. Any person who has the right of reestablishment or reconstruction as provided in this Article 9 may elect voluntarily to abandon such right, in which case the right shall cease to exist. Such abandonment must be evidenced by a document filed in the Land Records of the Town of Willington.
A. 
No enlargement or alteration. Any nonconforming building or structure existing as of the effective date of these regulations shall be permitted to continue, notwithstanding any provision of these regulations or any amendment hereof; provided, however, that such nonconforming building or structure shall not be enlarged or altered in such manner as to increase the nonconformity of such building or structure.
B. 
Restoration and repair of nonconforming buildings and structures. Nothing in these regulations shall be deemed to prohibit the repair and maintenance of a nonconforming building or structure, provided such repairs or maintenance do not increase the nonconformity of such building or structure. Likewise, any nonconforming building or structure may be enlarged, provided such enlargement is constructed within the applicable requirements of Article 8. Any nonconforming building or structure which has been destroyed or damaged by fire, explosion, flood, or any act of God or act of public enemy may be restored to the same dimensions, floor area, cubic volume, density, and site location as existing immediately prior to such damage or destruction, provided such restoration is commenced within one year and completed within two years of such damage or destruction. The Commission may, for good cause shown, grant one or more extensions of the preceding time limits.
Nothing in these regulations, including the provisions of this Article 9, shall be interpreted as authorization for or approval of the continuation of the use of land, buildings or structures which are in violation of any zoning regulations in effect prior to the effective date of these regulations.
A. 
Applications filed. In accordance with C.G.S. § 8-2h, as amended, no application filed with the Commission which is in conformance with these regulations as of the date of its filing shall be required to comply with, nor shall it be disapproved for the reason that it does not comply with, any change in these regulations or the boundaries of any zone taking effect after the filing of such application.
B. 
Approvals granted. In accordance with C.G.S. § 8-3(h), nothing in these regulations or any amendment hereof, nor any change in zoning classification, shall be deemed to require any change in the plans, construction, or designated use of any residential building, structure or property for which a special permit, special exception, or variance has been obtained and filed as required by these regulations or the Connecticut General Statutes, as the case may be, prior to the effective date of these regulations or such amendment or change in zoning classification; provided, however, that, for nonresidential property, the applicant shall commence construction of any building or structure, or the establishment of any use, within 12 months of the effective date of such approval; said construction or establishment shall be completed according to the approved plans by the applicant; and a certificate of zoning compliance and certificate of occupancy, where required, shall be issued within 24 months of the effective date of such approval. Any such approval not completed within the time limits contained in this section shall be void. For residential property, all improvements required pursuant to the special permit, special exception, or variance shall be completed within the time periods set forth in the General Statutes upon the effective date of such special permit, special exception or variance, or it shall be void and shall thereafter be required to conform to any amendment of these regulations or zone change classification. No extension of the above time periods may be issued by the Zoning Board of Appeals or the Commission.