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Council accepts planning-board recommendation to allow limited expansion of pre-existing nonconforming structures
Summary
Council agreed to place on the agenda an amendment to zoning section 30-28.83 to let certain pre-existing nonconforming structures expand without a variance if the addition does not worsen the nonconforming condition and the applicant proves the pre-existing condition.
New Milford — The mayor and council heard a planning-board recommendation to amend zoning ordinance section 30-28.83 to permit limited expansion of pre-existing nonconforming structures without a variance, provided the change does not increase the nonconforming condition and the applicant demonstrates the pre-existing condition.
A council member read the planning board’s recommendation and gave an example: if the required side-yard setback is 10 feet but an existing structure sits 5 feet from the lot line, the proposed rule would allow certain additions that keep the condition unchanged, avoiding a zoning-board variance so long as proof (such as prior surveys) demonstrates the pre-existing status. The speaker emphasized that the proof-of-burden requirement is intended to prevent misuse of the exception for structures that do not legally have a pre-existing nonconforming status.
Council members agreed to place the ordinance on the agenda for introduction and noted that surveys and historic records are typical evidence to prove a pre-existing condition. The council did not take a final vote on the zoning change at the work session; the item was introduced for further consideration and ordinance drafting.
