Purpose: This article implements RSA 674:19 (Applicability of Zoning Ordinance) and other provisions of New Hampshire law that protect legal nonconforming uses, legal dimensional nonconformities, and legal nonconforming lots. These principles relate to zoning (Part 2).
This article applies to nonconforming uses, structures and lots created by the initial enactment of this section or by any subsequent amendment. Unless otherwise specifically provided in this chapter and subject to the restrictions and qualifications set forth in this Part, nonconforming situations that were otherwise lawful on the effective date of this chapter may be continued. Except as specifically provided in this article, no person may engage in any activity that causes an increase in the extent of nonconformity.
A. 
Expansion.
(1) 
No nonconforming use shall be extended, expanded, or increased except as specifically provided below.
(2) 
An existing nonconforming use may expand subject to the approval of a special exception (§ 190-134).
(3) 
The volume, intensity, or frequency of a nonconforming use within its original structure may increase without requiring a special exception provided that all of the criteria set forth in Subsections A(3)(a) through (c) below are met.
(a) 
The increase shall reflect the natural expansion and growth of the existing use's trade.
(b) 
The increase does not substantially change the use's effect on the neighborhood. Whether a proposed use substantially changes the nature or purpose of the nonconforming use turns on the facts and circumstances of the particular case. In conducting this inquiry, the Administrative Officer shall consider:
[1] 
The extent the use in question reflects the nature and purpose of the prevailing nonconforming use;
[2] 
Whether the use at issue is merely a different manner of utilizing the same use or constitutes a use different in character, nature, and kind; and
[3] 
Whether the use will have a substantially different effect on the neighborhood.
(c) 
The increase shall occur only within the existing structure.
(4) 
A nonconforming use may expand outside of the existing structure subject to the approval of a special exception as provided in § 190-134. The Zoning Board of Adjustment shall approve the special exception only if all of the criteria set forth in Subsection A(4)(a) through (c) below are met:
(a) 
The nonconforming use shall not be substantially enlarged or expanded. Whether a nonconforming use is substantially enlarged or expanded the nature or purpose of the nonconforming use turns on the facts and circumstances of the particular case. In conducting this inquiry, the Zoning Board of Adjustment shall consider:
[1] 
The extent the use in question reflects the nature and purpose of the prevailing nonconforming use;
[2] 
Whether the use at issue is merely a different manner of utilizing the same use or constitutes a use different in character, nature, and kind; and
[3] 
Whether the use will have a substantially different effect on the neighborhood.
(b) 
A nonconforming use shall only be altered where the expansion is a natural activity, closely related to the manner in which a piece of property is used at the time of the enactment of the ordinance creating the nonconforming use; and
(c) 
Any expansion of a nonconforming use must be evaluated in the context of the zone in which it is located.
B. 
Change in use.
(1) 
Any nonconforming use of a structure may be changed to another nonconforming use, provided that the changed use is not a substantially different use as determined by the Administrative Officer. In determining whether the change is substantially different, the Administrator shall consider:
(a) 
The extent to which the use in question reflects the nature and purpose of the prevailing nonconforming use;
(b) 
Whether the use at issue is merely a different manner of utilizing the same use or constitutes a use different in character, nature, and kind; and
(c) 
Whether the use will have a substantially different effect on the neighborhood.
(2) 
Any nonconforming use that has been changed to a permitted use shall not again be changed to another nonconforming use.
C. 
Restoration. Any nonconforming use damaged by fire or other natural cause may be reestablished, provided that such work is completed within two years of the damage and does not place the use in greater nonconformity. If the use is not reestablished within two years, it shall only be rebuilt in accordance with the use, dimensions and density regulations of this chapter. The Zoning Board of Adjustment may grant an exemption from this section for designated historical building by a special exception (§ 190-134).
A. 
Generally. Any nonconforming structure or portion of the structure that has come into conformity shall not again become nonconforming.
B. 
Alteration. Any nonconforming structure may be altered and a conforming use extended throughout the altered portion, provided that any resultant alteration shall not cause the structure to violate the dimensional and density regulations of the district in which it is located.
C. 
Relocation. Any nonconforming structure shall not be moved to any other location on the lot or any other lot unless every portion of such structure, the use thereof, and the lot shall be conforming.
D. 
Restoration. Any nonconforming structure damaged by fire or other natural cause may be rebuilt, provided that such work is completed within two years of the damage and does not place the structure in greater nonconformity. If the structure is not rebuilt within two years, it shall only be rebuilt in accordance with the use, dimensions and density regulations of this chapter. Historical buildings may be exempt by special exception of the Board.
E. 
Unsafe structure. Any structure determined to be unsafe due to natural deterioration or destruction by fire or other act of God may be restored to a safe condition, provided that such work on any nonconforming structure shall be completed within one year of the determination that the structure is unsafe and it shall not place the structure in greater nonconformity. Should this one-year time period be exceeded, the structure shall be reconstructed only as a conforming structure and used only for a conforming use.
A. 
Applicability. For purposes of this section, a "nonconforming lot" means a lot legally existing on the effective date of this chapter that does not comply with the dimensional regulations of the district in which the lot is located, including but not limited to maximum density, minimum lot area, minimum lot width, minimum frontage, minimum lot depth, or open space percentage.
B. 
Generally.
(1) 
Any nonconforming lot that has come into conformity with this chapter shall not again be changed to a nonconforming lot.
(2) 
Any nonconforming lot or open space on the lot (yard, setbacks, courts or area), if already smaller than that required, shall not be further reduced or decreased so as to be in greater nonconformity.
(3) 
If the owner of two or more contiguous undeveloped lots with substandard dimensions wishes to build upon one of the lots, the lots must be combined to comply with the dimensional requirements of this chapter and Subsection B(2) shall not apply. Where any nonconforming contiguous lot or lots were held in common ownership on or after October 14, 1976, they shall not be sold, consolidated or transferred to eliminate the common ownership unless they are sold, consolidated or transferred so as to create a conforming lot or lots where possible. This subsection does not apply to a nonconforming lot if a majority of the developed lots located on either side of the street where such lot is located and within 500 feet of such lot are also nonconforming.
Whenever the use of a nonconforming structure, or portion thereof, has been discontinued for a continuous period of at least one year in any residential zoning district, or at least two years in any nonresidential zoning district, such nonconforming use shall not thereafter be reestablished, and the future use shall conform to this chapter. The Zoning Board of Adjustment may, for good cause shown, extend the period of permitted discontinuance up to three additional years, provided that application in writing is made to the Board at least 60 days before the commencement date of such three-year additional period.
A. 
No use lawfully established prior to the effective date of this chapter is required to provide and maintain or eliminate parking and loading areas to meet the requirements of Article XXVIII of this chapter.
B. 
Off-street parking and loading spaces required by any previously adopted requirement of the City Code shall be continued, and the existing number of parking and loading spaces shall not be increased or decreased so as to result in greater nonconformity.
C. 
A change in use or expansion of a nonconforming structure shall not further reduce the number of off-street parking or loading spaces, if the number of spaces is already equal to or less than the number required to serve their intended use.
D. 
For any nonconforming use which is hereafter damaged or partially destroyed, and which is lawfully reconstructed, reestablished or repaired, off-street parking and loading facilities equivalent to those maintained at the time of such damage or partial destruction shall be restored and continued in operation. However, in no case shall it be necessary to restore or maintain parking or loading facilities in excess of those required by this article for equivalent new uses.
E. 
In computing the number of required off-street parking spaces for a change in use of a building or lot which is nonconforming because the existing use not meeting the current off-street parking requirements, required off-street parking spaces shall be the sum of the following:
(1) 
The spaces required for the proposed use under current parking regulations;
(2) 
Less the number of parking spaces required for the prior (nonconforming) use of building or lot under current regulations;
(3) 
Plus available off-street parking spaces for the prior use of building or lot.
Comment: The purpose of this provision is to permit a reasonable reuse of existing buildings, yet ensure that the new use will provide the incremental parking spaces required for a more intensive use of the building or lot.
An appeal relating to a nonconforming use, nonconforming lot, or dimensional nonconformity shall be filed in accordance with § 190-136.