Part 2 — Unified Development Ordinance Zoning Regulations
City of Andover Unified Development Manual

H. Change in Use 1. The Zoning Administrator determines whether a change in use is the same, similar, or more restrictive, based on changes in environmental factors such as outdoor storage, loading, traffic, parking, noise, lighting, air pollution, hours of operation, screening and other factors, as well as the provisions of Section 9-104 of these Zoning Regulations. 2. A nonconforming use that has been changed to a more restrictive use or to a permitted use, must not be changed back to a less restrictive use or to a nonconforming use. 3. Structure. A nonconforming use of a structure may be changed to the same, or to a more restrictive use, as long as no structural alterations beyond ordinary maintenance and repairs are made. I. Extension of Use. 1. If all or substantially all of a structure is designed or intended for a use which is permitted in its zoning district, a nonconforming use must not be extended. 2. A nonconforming use must not be extended to any structure or land area other than the one actually occupied or used by the nonconforming use on the effective date of the Zoning Regulations that made the use nonconforming. a. Within a nonconforming structure, an existing nonconforming use may be extended to any portion of the floor area which was not occupied by the nonconforming use on the effective date of the Zoning Regulations that made the use nonconforming. b. Within a nonconforming structure , a nonconforming use must not be changed to any other nonconforming use.
104 Conditional Use Permit for Nonconforming Nonresidential Structures and Uses A. In spite of any other provisions of these Zoning Regulations, a n onconforming nonresidential structure or use which existed on the day prior to the effective date of these Zoning Regulations may apply for a conditional use. 1. An application for such a conditional use, to structurally alter, enlarge or reconstruct after damage, or make extensions to structures or uses, including the use of additional land when properly zoned for the use, may be submitted on a one time basis only. 2. If, in the opinion of the Board of Zoning Appeals, the effect on adjacent areas is protected to the extent feasible, and the public interest is served, then such a conditional use may be granted.
Main TOC Zoning TOC Nonconforming Lots, Structures & Uses

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