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New owner asks to continue nonconforming use at 1805 Church Avenue; staff cites code on lapse
Summary
Khalil Sloan, who bought 1805 Church Avenue in June, told the board he wants to continue a nonconforming commercial use at the R‑4 property and will pursue permits; staff said nonconforming uses abandoned for 12 months must conform and the BZA must decide whether the use may continue with safeguards.
Khalil Sloan, who said he purchased 1805 Church Avenue in June, asked the board to allow the continuation of a nonconforming commercial use at the R‑4‑zoned property after he began renovation work without permits. Staff told the board that under the Middletown Development Code a nonconforming use that is discontinued or abandoned for more than 12 consecutive months must conform to current district regulations and may not resume unless the BZA grants relief.
Staff explained that the variance‑review criteria do not apply to this standard; instead, the BZA must determine whether the nonconforming use may continue and may require appropriate safeguards, conditions and design standards to minimize impacts. Sloan said the front unit (1804 Columbia) is rented, that a tenant occupies 1805 Church, and that he bought several properties from an estate after a prior owner’s death. “I bought the property in June … the front’s rented out, and the back’s been rented out,” Sloan said; he added he wants to “make the property right” and obtain necessary permits.
Board members asked about the acquisition process and prior occupancy; staff reiterated that the BZA will hold a public hearing and determine continuance with possible conditions. The transcript ends before the BZA rendered a final determination in this case.
