Alton revisits nonconforming-structure rules after applicants struggle with revised language

The committee spent substantial time on proposed revisions to the ordinance addressing nonconforming structures and lots (Amendment No. 7), focusing on lakeshore cottages and other buildings located inside setbacks.

Committee members said recent changes to the ordinance unintentionally restricted owners who sought to replace dilapidated nonconforming structures. "The square footage will not be increased. So that's the nugget that's bothering everybody," Paul, committee member, said summarizing the effect of the current draft. Members described practical cases in which owners tear down an old seasonal camp and want to rebuild to modern building codes with modest enlargement or a foundation; under the revised language some applicants found they could not expand and have had to pursue unusual variance filings.

Members recalled an earlier version of the ordinance that allowed applicants to seek a special exception from the Zoning Board of Adjustment (ZBA) to replace a nonconforming structure and — in some controlled circumstances — to expand upward or add a basement while requiring that the applicant reduce nonconformity where feasible. "That was what we wrote. The voters approved it. It became the ordinance... and then for some reason it got redrafted, and now it's a problem," Doug Brown said.

Concerns raised included potential view impacts if expansions increase height, and how the town should balance neighborhood impacts with the public interest in replacing obsolete, unsafe structures. Some members proposed restoring the prior approach to allow carefully restricted rebuilding via special exception, with the ZBA and abutters given notice and an opportunity to comment. Committee staff said they will retrieve earlier ordinance language, compare versions, and draft revised text for the committee to review.