Nonconforming Buildings on Conforming Lots
Section 35-12.3: Nonconforming buildings on conforming lots
An existing nonconforming building on a conforming lot may be repaired, altered, enlarged or extended provided that there is compliance with the following requirements.
- The building is used exclusively for residential purposes
- The use of the building is permitted in the zone.
- The conforming lot is separately designated on the current municipal tax map or has been established by a subdivision approved by a Municipal Land Use Board.
- The proposed new building addition complies with Subsection 35-9.4 (Schedule of Area Yard and Building Requirements) for the zone in which it is located.
- If the new building addition does not comply with paragraph d above, then the following shall apply:
- The proposed building height does not exceed thirty (30) feet as measured from: The top of the existing curb; or in the absence of a curb, from the crown of the road; or in case of beachfront lots, from the elevation of the monumented beachfront line.
- The individual front, side and rear yard setback distances of the existing nonconforming building must be equal to or greater than ninety (90%) percent of the required setback distances in the zone.
- The existing building and lot coverage cannot exceed one hundred ten (110%) percent of the maximum building and lot coverage permitted in the zone.
- This provision may be invoked only once during and five (5) year period. Any subsequent application to repair, alter, enlarge or extend a building shall be based upon the size and location of the building at the time of the first repair, Alteration, enlargement or extension.