Part 2 — Unified Development Ordinance Zoning Regulations
City of Andover Unified Development Manual
C. Rights. A lawfully established nonconformity is a vested right protected by due process, which is sometimes referred to as being "grandfathered-in". 1. To be lawfully established, a nonconformity must exist before the regulations restricting its establishment are enacted. A nonconformity which violated Zoning Regulations at its inception has no lawful right to continue. 2. By right, a legally established nonconformity may be sold, inherited, transferred or assigned , unless the ownership or operator is a condition attached to a special or conditional use approval. 3. Certain limitations, as provided in this Article 9, may be placed on the expansion, repair, maintenance and continuance of nonconformities. D. Determination of Nonconformities. The Zoning Administrator determines the nonconforming status of a lot, use or structure. 1. The Zoning Administrator's determination must be made in writing, and be based on evidence submitted by the property owner requesting establishment of the nonconformity. 2. Appeal. An aggrieved party may appeal the Zoning Administrator's determination of nonconformity status to the Board of Zoning Appeals. (See Zoning Regulations, Section 11-108.)
ARTICLE 9. NONCONFORMING LOTS, STRUCTURES & USES 100 Nonconformities A. Purpose. The purpose of this Article is to provide for regulation of nonconforming lots, buildings, structures and uses, and to specify circumstances and conditions for their continuation. 1. Nonconforming signs are addressed in Zoning Regulations, Section 8-103C. B. Definitions. 1. NONCONFORMITY: A nonconforming lot, structure, or use that does not comply with current regulations, but that complied with the zoning regulations in effect at the time it was legally established. 2. NONCONFORMING LOT OF RECORD: A zoning lot which does not comply now with lot area, width or depth requirements for any permitted use in its zoning district, but which has a recorded plat or deed showing that it was owned separately and individually from adjoining tracts of land at a time when its size and dimensions were not prohibited by any Zoning Regulations. 3. NONCONFORMING STRUCTURE: An existing building or structure which does not comply with requirements (such as maximum lot coverage, maximum height, or minimum yard) applicable to new structures in its zoning district. 4. NONCONFORMING USE: An existing use of a structure or land which does not comply with use regulations applicable to new uses in its zoning district.
Main TOC Zoning TOC Nonconforming Lots, Structures & Uses
Article 9 — page ￼ of ￼ 1 6
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