A non-conforming use of a building, structure, or land may not be changed to a different non-conforming use of the same building, structure, or land.
A non-conforming use may not be re-established after discontinuance for more than one (1) year.
A non-conforming building or structure may be rebuilt on the same footprint and with the same dimensions (including height), unless it has, for more than one (1) year, been unusable for its current purpose by reason of deterioration, destruction, demolition, neglect, accident, condemnation, or any other reason. (Amended March 2016)
Where a lot of record at the time of the effective date of this Ordinance has less area and/or frontage than herein required in the District in which it is located:
The lot may be used for a single family dwelling if permitted in that district subject to New Hampshire Water Supply and Pollution Control Division approval and subject to all district regulations applicable to lots within the district wherein the lot is located with the exception of lot size and/or frontage.
The lot may be used for any non-residential use permitted in the district in which it is located in compliance with maximum density requirements, setbacks, and New Hampshire DES Water Supply and Pollution Control Division regulations.
17.3Special Exceptions.
17.3.1Reduced Setbacks for New Structures.
When the dimensions of a lot or the placement of existing structures on a lot are such that there is no reasonable placement of a proposed new structure on that lot which conforms with the lotsetback requirements, the Zoning Board of Adjustment may grant a special exception to permit reduced setbacks, provided that:
The lot dimensions or existing structures which result in the difficulty must have been in existence prior to the adoption of the setback requirements that are to be reduced.
The setback to be reduced must be a lot linesetback. Setbacks from wetland or water bodies may not be reduced by a special exception under this section, nor may tower setbacks as specified in the Wireless Communications Overlay District, Section 15.3.5.(Amended March, 2009, Amended March 2020)
The proposed structure and its proposed placement must be in keeping with the existing development of the neighborhood.
The special exception must specifically identify the permitted location of the proposed structure, as shown on a site plan, which is to become part of the record of the decision.
The Zoning Board may restrict the dimensions of the proposed structure so as to balance the reasonable use of the property with the spirit of the zoning ordinance.
When an existing building or structure is non-
conforming solely because it does not satisfy a lot linesetback requirement or a maximum height limitation, the Zoning Board of Adjustment may grant a special exception to allow its dimensional extension or enlargement, provided that:
No part of the new construction, including construction which vertically extends any existing portion of the building or structure, may be closer to any lot line than allowed by the applicable setback requirements.
No part of the new construction may violate any applicable height limitation.
The setbacks for the new construction from all lot lines must be increased by the magnitude of the nonconformity, which is defined as the largest shortfall of the actual setback from the required setback for any part of the existing structure. For example, in the Residential District, where the front setback is thirty-five (35) feet, if some point of an existing house is twenty-five (25) feet from the front lot line, then the magnitude of the nonconformity is ten (10) feet, so the side and rear lot line setbacks for the new construction must be increased from fifteen (15) feet to twenty-five (25) feet.)
The new construction must not increase the visual impact or other adverse
effects attributable to the existing non-conformity of the building or
structure, either from a public right-of-way or from adjacent lots.
The building or structure, as extended or enlarged, must be in keeping with
the character of the neighborhood.
17.4Status of Variances and Special Exceptions.(Amended March 1992, March 2023.)
17.4.1Nonconformity.
A building, structure or use permitted by a variance or special exception granted by the Zoning Board of Adjustment shall be subject to the same restrictions as a non-conforming building, structure or use under section 17.1 of this Ordinance.
17.4.2Expiration.
If construction has not begun or the use has not commenced (i) within two (2) years after the variance or special exception has been granted, or (ii) by March 10, 1992, whichever is later, then the variance or special exception shall expire. All rights conferred by a variance or special exception shall be void upon expiration. The Zoning Board of Adjustment may, but is not required to, specify the actions or conditions that will constitute beginning construction or commencing the use as part of its approval of a variance or special exception.
The Zoning Board of Adjustment may, for good cause shown, grant an extension of time for an additional two years in which to exercise the rights accorded by the variance or special exception, provided that the extension would be consistent with the intent and spirit of the Zoning Ordinance. Procedures for submission, noticing and hearing of applications for extensions shall be the same as for other applications to the Zoning Board of Adjustment and shall be submitted no less than 60 days nor more than 120 days before the expiration of the variance or special exception. Submission of an application for an extension shall stay the expiration until the Zoning Board of Adjustment has decided on the application. No more than two extensions may be granted.
If an application is filed with the planning board in reliance upon an unexpired variance or special exception, then the expiration date of that variance or special exception shall be extended to 6 months after the resolution of that application. “Resolution” includes denial or final approval of the application and the decision of any subsequent appeals.
