Andover Unified Development Manual

Part 2 — Unified Development Ordinance Zoning Regulations

City of Andover Unified Development Manual

2. Damage. 1. If a nonconforming structure is damaged by any means except flooding, to the extent of 50% or less of its fair market value , a zoning permit must be obtained before any repairs or restoration occur. (1) Restoration must begin within 1 year after the date of damage, and must be diligently pursued to completion. 2. If a nonconforming structure is damaged by any means except flooding, to the extent of more than 50% of its fair market value , the structure must not be restored unless it will afterwards conform to all its zoning district regulations. 3. The percent of damage in terms of fair market value is determined by the Zoning Administrator, based on data submitted by the Applicant. (1) An Applicant aggrieved by the Zoning Administrator's determination may submit an

103 Nonconforming Uses A. Authority to Continue. Any lawful nonconforming use may continue as long as it complies with the restrictions of this Section 103. 1. A nonconforming use may take place in part or all of a structure, or on part or all of a parcel of land which has no structure or only an accessory structure. B. Structural Alteration or Enlargement. Any structure devoted in whole or in part to a nonconforming use must not be structurally altered, enlarged, or added to in any manner, unless the entire structure and its use will afterwards conform to all its zoning district regulations. (See definition of STRUCTURAL ALTERATION.) 1. Exception: A structure devoted to residential use which is located in a business or industrial district may be structurally altered or enlarged, as long as the changes do not increase the number of dwelling or lodging units the structure accommodates. C. Ordinary Maintenance and Incidental Repairs. 1. On any structure devoted in whole or in part to a nonconforming use, ordinary maintenance and incidental repairs which comply with all other provisions of this Section 103 are permitted. a. Normal maintenance and incidental repairs may include replacement, installation or relocation of nonbearing walls, nonbearing partitions, fixtures, wiring or plumbing.

appeal to the Board of Zoning Appeals. (See Zoning Regulations, Section 11-108.)

E. Moving. A nonconforming structure must not be moved in whole or in part, for any distance whatever, to any other location on the same or any other lot, unless the entire structure will afterwards conform to all the zoning district regulations of the location to which it is moved. (See Zoning Regulations, Section 3-106 on relocating structures.)

Main TOC Zoning TOC Nonconforming Lots, Structures & Uses

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