Town of Gilford, NH

The purpose of this ordinance is to regulate nonconforming lots, uses, and structures; provide limitations on their use; and clarify under what circumstances nonconforming lots, uses, and structures may be expanded, reduced, modified, continued, or terminated.

9.1 Nonconforming Lots _ A lot that is not contiguous to another lot owned by the same party, that has less than the prescribed minimum area or frontage, may be built upon provided that all other regulations of this ordinance are met and that lot, before the adoption of the requirements which have made it nonconforming:

(c) was otherwise exempt from such regulations by the provisions of statute, and provided that such lot conforms to the area and frontage requirement of the zoning ordinance applicable at the time of said recording or approval.

9.1.1 Contiguous Nonconforming Lots _ When two (2) or more lots of record have the same owner and are contiguous, and one (1) or more of the lots is nonconforming to this ordinance as to size, dimension or frontage, the owner shall be required to merge all contiguous, nonconforming lots with contiguous lots under similar ownership until such contiguous, nonconforming lots are made conforming unless an exception is provided for below.

(a) Exception _ If at the time the lots described above become owned by the same owner, there is a lawful and preexisting principal use listed in Article 4 on each lot, the owner shall not be required to merge the nonconforming lot or lots.

(b) Exception _ Whenever lots are protected from merger by the provisions of RSA 674:39, the owner shall not be required to merge the lots.

9.2 Nonconforming Uses _ If a lawful use exists at the effective date of adoption or amendment of this ordinance, which would not be allowed in the zone under the terms of this ordinance, said use shall be protected and may be continued so long as it remains otherwise lawful and subject to the other provisions of this section.

9.2.1 Discontinued Use _ If a nonconforming use is discontinued for one (1) year or superseded by a conforming use, it shall thereafter conform to the regulations of the zone and the nonconforming use may not be resumed.

9.2.2 Expansion _ A nonconforming use may be expanded within the limits of the property in which it was lawfully established if the unity of the use is retained and other requirements of the zone are complied with.

9.3 Nonconforming Structures – Structures that lawfully existed prior to the enactment of any ordinance which made them unlawful shall be called nonconforming structures and may remain as long as they are maintained in a safe and occupiable condition.

9.3.1 Repairs to Nonconforming Structures _ Nothing in this section shall prevent the ordinary repair and maintenance of any lawfully established, nonconforming structure.

9.3.2 Destruction, Demolition _ A nonconforming structure, which has been destroyed partly or completely, may be rebuilt within the following limitations:

(b) Location _ The rebuilt structure shall be repositioned to the greatest extent possible in conformance with front, side and rear setbacks. However, this is not intended to prohibit a property owner from reusing the foundation remaining after destruction or demolition of a nonconforming building if the foundation of the building so destroyed or demolished is used within one (1) year of the building’s destruction or demolition.

(c) Reconstruction Time Limit – If reconstruction of a destroyed or demolished nonconforming structure is not commenced within one (1) year of the building’s destruction or demolition, any new building located on the property shall be built conforming to standard requirements. The Planning Board may extend this time limit upon finding that the applicant’s inability to begin reconstruction within one (1) year is due to circumstances beyond his control.

9.3.3 Alterations _ No alterations shall be made to a nonconforming structure which make the structure more nonconforming except as follows:

(a) Additions – Horizontal or lateral additions may be made to any nonconforming structure if the addition itself is conforming to the standard requirements of the code. For structures nonconforming as to setback, vertical additions (up or down) within the required setback may be made provided any such addition does not increase the setback encroachment. Further, any such vertical addition may increase the structure height within the setback up to the lesser of the following:

(b) Interior Alterations – Interior alterations may be made within a nonconforming structure. This may include interior alterations that increase or decrease building floor area provided that neither the building envelope nor the building footprint is expanded.

(c) Building Entirely within a Setback – Where a building is entirely within a setback and a new building is added in conformance with the setback requirements on the same lot, a building connection between the nonconforming and the conforming buildings shall be allowed as follows:

(1) The building height and the number of stories of the building connection shall not exceed the existing height and stories of the nonconforming building being connected.

(2) The building footprint of the building connection shall not exceed one-third (1/3) of the building footprint of the nonconforming building being connected.

9.3.4 General Safety _ Nothing in this ordinance shall prevent the strengthening or restoring to safe condition any building or part thereof upon order by any public official charged with protecting the public safety.