The document contained herein is not the original document, but a faithful replication.
For official copies, contact or visit the Jackson Town Offices.
SECTION 2: APPLICATION OF REGULATIONS and NON-CONFORMING USES, BUILDINGS AND STRUCTURES (amended 3/13/2001, 3/11/2003).
2.1 Application of Regulations
Subsequent to the passage of this ordinance (November 16, 1971) all land, buildings, or structures shall hereafter be used, constructed, altered, or enlarged only in conformity with the regulations specified herein for the zoning district in which it is located unless it is a lawful Non-Conforming Use.
2.2 Non-Conforming Uses, Buildings and Structures
2.2.1 A pre-existing lawful use of land, buildings, or structures may be continued although such use does not conform to the provisions of this ordinance. If such Non-Conforming Use is discontinued and/or abandoned for more than six years then any subsequent use of the land, buildings, or structures shall only be a conforming use.
2.2.2 A Non-Conforming Use may be changed only to a use permitted in the district in which it is located. When such use is changed to a conforming use, no land, buildings, or structures shall be per-mitted to revert to a Non-Conforming Use.
2.2.3 A Non-Conforming Structure or Building may be moved, enlarged, altered, restored or replaced within the boundaries of the lot it occupied at the time this ordinance took effect, providing that the change does not make the structure more non-conforming in any way. By way of example and not limitation, “more non-conforming in any way” means that a structure or building positioned within a proscribed Setback (Sections 4.3.1.2 and 4.3.2.3) may not be altered in such a way that the structure or building extends for a greater width, a further depth, nor to a greater height, which would have the effect of increasing the volume of the structure or building within the proscribed Setback area. Similarly, a structure or building that exceeds the permissible Building Height (Section
4.1.3) may not be altered in such a way that the structure or building extends to a greater height, nor may the volume of the structure or building exceeding the Height limit be increased. (amended 3/12/2001 and 3/14/2006)
2.2.4 A Non-Conforming Use may be enlarged within the boundaries of the lot it occupied at the time this ordinance took effect, providing that the expansion conforms with all other aspects of the zoning ordinance. (added 3/13/2001)
2.3 Non-Conforming Lots
A Non-Conforming Lot, as defined herein, which does not satisfy the requirements of Section 6 of the Zoning Ordinance, relative to Minimum Lot Size by Soil Type, but which has received approval from the State of New Hampshire (DES) for a sub-surface septic system and leach field, shall be limited to the construction of a Dwelling Unit not to exceed two (2) bedrooms, provided that, with the exception of Sections 4.3.1.3 and 4.3.2.4, all the other requirements of Section~4 of this Zoning Ordinance are met. (added 3/14/2006)
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