ARTICLE VII. NONCONFORMING USES, STRUCTURES OR LOTS (3/97)
A. Uses
1. All properties whose active use is nonconforming when this ordinance is passed and adopted may continue in the same use. A nonconforming use may be changed only to a use which is permitted in the district in which the property is located or one which is permitted by Special Exception if the Special Exception is granted by the Zoning Board of Adjustment.
2. If a nonconforming use is discontinued or abandoned for one year, it shall thereafter conform to the regulations for the district and the nonconforming use may not thereafter be resumed without approval of the Board of Adjustment.
3. Nonconforming uses may not be expanded. 3/02
B. Structures
1. Nonconforming buildings or structures may be repaired, improved, or expanded, provided:
a. No alteration shall increase the nonconformity according to the requirements of this Ordinance, including use regulations, and all other dimension and area requirements.
b. Expansion of existing structures either on a nonconforming lot or in the case where there are two or more dwellings on a lot may be approved by the Board of Selectmen on a case by case basis providing other requirements in this section are met and the spirit of this Ordinance is maintained. This authority may not be passed on to an assignee. (3/04)
c. The property owner must have all required state approvals and shall satisfy the Selectmen and Health Officer that provisions for sewage disposal and water supply are acceptable.
d. Any structures adding cubic footage that are located on nonconforming lots must also provide the Selectmen and Health Officer with a septic site assessment done by an approved person and provide evidence that the septic system complies with RSA485-A:38. (3/02)
e. No expansion of any kind shall occur in any setback. (3/02)
f. Adding a pitched roof will not be considered an expansion provided it does not increase any living or storage space.
2. Nonconforming buildings or structures which are demolished, destroyed by fire or natural disaster may be rebuilt or replaced in accordance with (the above provision) Article VIII, Section B, 1. The rebuilding or replacing must be completed within two years from the time the building or structure was destroyed. Selectmen may grant an extension to this time for reasonable cause.
C. Lots
1. Two or more contiguous lots, provided not all are occupied by dwellings, which do not meet current lot area or frontage requirements shall be combined to create one or more lots which do conform or more closely conform to current lot area and frontage requirements, further provided that they are in common ownership.
2. An existing non-conforming lot which does not meet minimum lot size requirements may be used for a permitted use in the district which it is located if all other conditions of the ordinance are met and if the lot will allow for adequate and safe water supply and sewage disposal as determined by the Selectmen or by the Planning Board if Site Plan Review is required for the proposed use. 3/99
D. Waiver of Dimensional Compliance for Replacement of Pre-Existing Septic Systems 3/99
Upon application duly made in accordance with article IV, the Board of Adjustment may approve a Special Exception to allow replacement of a pre-existing septic system by a new system which may require minor waivers of dimensional standards, such as setbacks, otherwise applicable to such a system. In order for the special exception to be approved, the applicant shall demonstrate to the Board of Adjustment the following:
1. The existing system must never had permitted, substandard, failing or failed septic system, or one that may be reasonably expected to fail in the foreseeable future.
2. The proposed replacement system must be an improvement over the existing system and must be approved by the State in its proposed location.
3. The proposed system cannot reasonably be replaced in strict compliance with dimensional standards required by this ordinance.
4. The waiver from dimensional requirements shall not constitute a significant or substantial deviation from the purposes of this ordinance.
5. A qualified, licensed professional must present credible evidence that no adverse results are expected from the waiver of the dimensional requirements.
6. All other applicable criteria of Article IV shall be satisfied. 3/99
The special exception allowed by this section shall not be deemed to affect the procedures to allow emergency replacement of failed systems permitted by Article XI, Section A, 1. 3/99
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