Any non-conforming use or building, lawfully existing at the time of adoption of these Regulations or of any amendments thereto, may be continued, and any building so existing, housing such non-conforming use, may be reconstructed in accordance with this section.
16.1 - Interpretation
Nothing in these Regulations shall be construed as authorizing or approving the continuance of the use of a structure or premise in violation of the Zoning Regulations in effect at the time of the adoption of these Regulations. The burden to prove valid non-conforming status shall rest on the owner of the premise in question.
16.2 - Rendering to Safe Condition
Nothing in these Regulations shall be construed to relieve a property owner from the responsibility of maintaining or rendering a building, structure or premise to a condition deemed safe and healthful by proper authorities.
16.3 - Alteration, Repair and Reconstruction
When the total cost of the work does not exceed the most recent valuation of the building or structure, such non-conforming building or structure may be:
1.Reconstructed, repaired or rebuilt, only to its previous floor area, when damaged or destroyed by fire, flood, collapse or other such accidental event, only if such work is commenced within twelve (12) months of such damage.
2.Repaired or reconstructed as made necessary by normal wear and tear.
16.4 - Change in Use
No non-conforming use may be changed except to a conforming use or, with the approval by the Planning and Zoning Commission of an application for a Special Permit, in accordance with Section 29 to another non-conforming use, not more objectionable, and deemed to be more conforming, provided any aspect of the use is not extended or enlarged (revision effective July 8, 2006).
16.5 - Reversion
No part of a conforming lot, use or building may return to non-conformity once such non-conformity is abandoned or extinguished.
16.6 – Reserved for future use. (Amended 4/3/02)
16.7 - Non-Conforming Lots of Record
Lots made non-conforming by changes made to Zoning Regulations may be developed in conformance to these Regulations. Such lots must be legally existing at the time of any such changes in the Regulations, and the burden to prove such non-conforming status shall be on the applicant for such development.
Subject to the provisions of Section 8-26a(b) of the Connecticut General Statutes, contiguous, non-conforming lots created prior to adoption of Subdivision Regulations (5/1/49), or existing as the result of divisions not requiring subdivision, shall be considered one non-conforming lot when such lots are of the same ownership and have contiguous frontage.
16.7.1 - Maximum House Size Allowed on Non-Conforming Lots of Record in the R1
Zone
For the purposes of preventing the overcrowding of land, promote public safety, and allow for the orderly development of neighborhoods; the following shall be the maximum house sizes permitted on non-conforming lots of record in the R1 Zone:
Lot Size |
House Size (Habitable space) |
First Floor Max. Sq. Ft. |
less than 5,000 sq. ft. |
1500 sq. ft. |
750 sq. ft. |
5,000 - 10,000 sq. ft. |
1800 sq. ft. |
900 sq. ft. |
10,001 - 19,999 sq. ft |
2200 sq. ft. |
1100 sq. ft. |
16.8 - Enlargement of a Permitted use on Non-Conforming Lots
Buildings containing a permitted use, but which does not conform to the requirements of the Regulations regarding height, floor area, percentage of lot coverage, setbacks or parking facilities, may be enlarged or altered provided:
1. Such enlargement contains no more dwelling units than now exist.
2. Additions are constructed in accordance with the applicable yard and height requirements, or with the approval of the Zoning Board of Appeals, are not closer to the lot lines than the existing building or structure (revision effective July 8, 2006).
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