SECTION 5 – NONCONFORMITY

5.1 Intent:  It is the intent of these Regulations that nonconformities are not to be expanded, that they should be changed to conformity as quickly as the fair interest of the owners permit and that the existence of any existing nonconformity shall not of itself be considered grounds for the approval of a variance for any other property.

5.2 Definitions: A nonconforming use, building or other structure, or lot, is one which existed lawfully, whether by variance or otherwise, on the date these Regulations or any amendments hereto became effective, and which fails to conform to one or more of the provisions of these Regulations or such amendment hereto. No nonconforming use, building or other structure, or lot shall be deemed to have existed on the effective date of these Regulations unless 1) it was actually in being on a continuous basis on such date, and 2) if such nonconformity is a use such use had not been discontinued within the meaning of Paragraph 5.5.

5.3 Approved Applications and Certificates: Unless otherwise specifically provided in these Regulations, nothing in these Regulations shall require any change in the use of any land, building or other structure, or part thereof, or in the area, location, bulk or construction of any building or other structure for which an Application for a Certificate of Zoning Compliance shall have been lawfully approved and any required Certificate of Zoning Compliance shall have been lawfully issued even though such use, building or structure does not conform to one or more provisions of these Regulations or any amendment hereto.

5.4 Change in Plans: Subject to the time limitations of Paragraph 5.4.1, nothing in these Regulations shall be deemed to require any change in the proposed use of any land, building or other structure or the area, location, bulk or construction of any building or other structure for which an Application for a Certificate of Zoning Compliance has been lawfully issued even though such proposed use, building or other structure does not conform to one or more provisions of these Regulations or any amendment hereto.

5.4.1         Time Limit: An approved Application for a Certificate of Zoning Compliance authorizing a proposed use, building or other structure that does not conform to one or more provisions of these Regulations or any amendment hereto, as described in Paragraph 5.4, shall become null and void unless 1) the use authorized thereby shall have been established within one (1) year from the effective date of such Regulations or any amendment thereto when such use does not involve the establishment of a building or other structure for which an Application for a Certificate of Zoning Compliance must be approved

or 2) the use, building or other structure authorized thereby shall be established and completed within two (2) years from the effective date of such Regulations or any amendment thereto. The Commission may grant one (1) extension of such period for an additional period not to exceed one (1) year after public hearing for good cause demonstrated to the satisfaction of the Commission.

5.4.2         Previous Regulations: The provision of Paragraphs 5.4 and 5.4.1 shall apply to Building Permits and Certificates of Occupancy lawfully issued and in effect prior to these Regulations.

5.5 Discontinuance: No nonconforming use of land, building or other structures which shall have been discontinued with intent to abandon said use shall thereafter be resumed or replaced by any other nonconforming use. No nonconforming use of land which shall have been discontinued for a continuous period of one (1) year shall thereafter be resumed or replaced by any other nonconforming use; no nonconforming use of buildings or other structures which shall have been discontinued for a continuous period of two (2) years shall thereafter be resumed or replaced by any other nonconforming use.

5.6 Repair: Nothing in this Section shall be deemed to prohibit work on any nonconforming building or other structure when required by law to protect the public health or safety, provided that such work does not increase the nonconformity. Nothing in this Section shall be deemed to prohibit work on ordinary repair and maintenance of a nonconforming building or other structure or replacement of existing materials with similar materials.

5.7 Enlargement:  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 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. No nonconforming building or structure shall be enlarged, extended, reconstructed or structurally altered, if the result would be an increase in nonconformity.

5.8 Moving: No nonconforming use of land shall be moved to another part of a lot or outside the lot, and no nonconforming use of a building or other structure shall be moved or extended to any part of the building or other structure not manifestly arranged and designed for such use at the time the use became nonconforming, and no building or other structure containing a nonconforming use shall be moved, unless the result of any such move is to end the nonconformity. No nonconforming building or structure shall be moved unless the result of such moving is to reduce or eliminate its nonconformity.

5.9 Change: No nonconforming use of land, buildings or other structures shall be changed to any use which is substantially different in nature and purpose from the former nonconforming use except such uses that are permitted uses in the District in which they are to be located. No nonconforming use of land, buildings or other structures if once changed to conform or to more nearly conform to these Regulations shall thereafter be changed so as to be less conforming again. No nonconforming building or structure if once changed to conform or more nearly conform to these Regulations shall thereafter be changed so as to be nonconforming or less conforming again.

5.10 Casualty: If any nonconforming building or other structure or any building or structure containing a nonconforming use shall be destroyed by fire or other casualty to an extent of more than 75% of its fair market value based upon the average of two ( 2) independent appraisals, such building or other structure shall not be reconstructed or repaired and such use shall not be resumed unless the building, structure and use are made to conform in all respects to these Regulations. Where the destruction is 75% or less of its fair market value as above determined, the building or other structure may be reconstructed or repaired and any nonconforming use resumed, provided that such reconstruction is started within a period of one (1) year from such casualty and is diligently prosecuted to completion. In the event of failure to start such reconstruction or repair within a period of one (1) year from such casualty and to complete the same within 18 months from such casualty, or within such additional period, not exceeding six (6) months, as the Commission may grant upon written application made to it, the right under this Paragraph to reconstruct or repair such building or other structure and right to resume such nonconforming use shall be lost and terminated.

5.11 Lots: A parcel of land, which fails to meet the area, shape or frontage or any other applicable requirements of these Regulations pertaining to lots, may be used as a lot, and a building or other structure may be constructed, reconstructed, enlarged, extended, moved or structurally altered thereon, provided that all of the following requirements are met:

5.11.1         The use, building or other structure shall conform to all other requirements of these Regulations;

5.11.2         If used for a dwelling, the lot shall contain a minimum area of 4,000 square feet; and

5.11.3         Where the lot is not to be served by public water supply and/or sanitary sewers, the lot shall have sufficient area and suitable dimensions to provide ample space to accommodate a private water supply system (where adequate public water supply is not available) and/or to accommodate the proper layout, installation and future extension of a private sewage disposal system (where sanitary sewers are not available), as needed by the intended use of the lot and in accordance with good engineering practice and the applicable requirements of the Connecticut State Department of Health and the Director of East Shore District Health Department. Seepage tests shall be taken in locations approved by the Director and in accordance with Department of Health Service specifications. The owner shall provide a written report with map(s) prepared by a sanitary or civil engineer licensed to practice in the State of Connecticut, describing the tests taken and the results, and certifying that the lot is satisfactory for a private sewage disposal and/or water supply system. Documentation shall be provided showing approval of the Director of the East Shore District Health Department.

5.11.4         If the parcel fails to meet the area requirements of these Regulations, the owner of the parcel shall not also have been, at any time since the enactment of the Zoning Regulations on December 3, 1956, the owner of contiguous land which in combination with such parcel that fails to conform would make a parcel that conforms or more nearly conforms to the area requirements of these Regulations pertaining to lots.

5.12     Title: No change of title, possession or right of possession shall be deemed to affect the right to continue a nonconforming use, building or other structure.

5. 13    Performance Standards: Any use, building or other structure which does not conform to one or more of the performance standards of Section 41 shall not be changed to increase such nonconformity but may be changed to decrease or eliminate such nonconformity. Any such nonconformity so reduced or eliminated shall not be resumed.

5.14     Signs: Signs of a size or type not permitted in the district in which they are situated, or which are improperly located or illuminated, or which are nonconforming in any other way, shall be considered nonconforming structures under this Section, and any increase in size, illumination or flashing of such signs shall be deemed to be an enlargement or extension constituting an increase in nonconformity.

5.15     Off-Street Parking and Loading: Any lot, use, building or other structure which does not conform to one or more of the parking and loading provisions of Section 42 shall continue to conform to such provisions to the extent that it conforms on the effective date of such Section. Any use of land, building or other structures which does not conform to one or more of the provisions of Section 42 shall not be changed to a use which would need additional off-street parking or loading spaces to comply with the provisions of Section 42 unless such spaces are provided as required for the new use under Section 42.