Article VII: Non-conformities

Source: Current official PDF (pages 178-181 of the March 11, 2026 edition).

Section 700 General.

Any building or structure, or any use of any building, structure, or land, which was in existence at the time of the adoption of this Ordinance, or any amendment thereto and which does not conform to the current provisions of this Ordinance, shall be considered legal non-conforming and may be continued indefinitely without complying with the provisions of this Ordinance, if such use, building, or structure, at the time it came into existence, was in compliance with all applicable laws, Ordinances, and regulations then in effect, subject to the provisions of this Article. Any uncertainty over the application of this Article to particular property shall be resolved by administrative decision made by the Zoning Administrator. Such an administrative decision may be appealed to the Zoning Board of Adjustment under 801.1.

Section 701 Non-Conforming Lots.

A new use or structure, or addition to an existing structure, if otherwise allowed by this Ordinance, may be established on a lot which has frontage meeting the requirements of RSA 674:41 and which was a legal lot of record as of the date of adoption or amendment of this Ordinance even though such lot fails to meet the minimum lot area, frontage or lot width requirements of this Ordinance; provided, however, that such lots shall be subject to all other requirements of this Ordinance; and provided, further, that if the owner of the lot also owns contiguous land which, if merged with the lot in question would cause the legal lot of record to be either conforming or less non-conforming with respect to lot area, frontage and lot width requirements, then such use, structure or addition shall not be permitted unless the lots are voluntarily merged under RSA 674:39-a.

Section 702 Non-Conforming Uses.

702.1 Change of Use.

A conforming use shall not be changed to a non-conforming use. A non-conforming use may, as a special exception, be changed to another non-conforming use provided that the Board of Adjustment shall find that the proposed use is equally appropriate or more appropriate to the district than the existing non-conforming use.

702.2 Resumption of Use.

Any non-conforming use shall not be re-established if such use has been discontinued for a period of two (2) years; provided, however, that the Zoning Board of Adjustment, upon an appeal from the Zoning Administrator’s decision concerning such discontinuance, may permit the re-establishment of the same use if it finds:

(a) that no action incorporating an intent to abandon the non-conforming use has been taken by the owner or occupant, including but not limited to a change to a permitted use or razing or remodeling of a building; and
(b) that the failure to continue or re-establish the use during the two-year period was due to economic, regulatory or other forces beyond the control of the owner or occupant.

702.3 Restoration of Use.

Any non-conforming use, except signs, may be restored after involuntary damage from any cause provided the same non-conforming use is reinstated within two years of such damage. If the reconstruction of the premises is not substantially completed within two years, the non-conforming use of such building shall be deemed to have been discontinued, unless such non-conforming use is carried on without interruption in an undamaged part of the building.

702.4 (Reserved).

702.5 Expansion of Use.

A. The Zoning Board of Adjustment may, by special exception, permit a legal non-conforming use pursuant to Section 700 to be expanded, provided that the following tests are met in lieu of Section 801.3:
- 1. The proposed expansion must reflect the nature and purpose of the existing non-conforming use, and must be closely related to the manner in which the property was used at the time the restriction was enacted.
- 2. The proposed expansion must be merely a different manner of utilizing the same use, and shall not constitute a use which is different in character, nature, or kind.
- 3. The proposed expansion shall not have a substantially different effect on the neighborhood in which the property is located.
B. As part of a proposed expansion under subsection A, the Board of Adjustment may allow a legal non-conforming use to expand into an addition to an existing building occupied by the non-conforming use provided that the gross floor area of the addition is no greater than ten percent (10%) of the size of the gross floor area of the existing building measured as of January 22, 2020.
C. The Board of Adjustment may attach conditions and parameters to its decision, as set forth in Section 802.4.B, to assure that the scope of the expansion continues to meet the standards set forth in subsection A.
D. In no case shall a legal non-conforming use in whole or in part be allowed to expand into a new building, or (except as allowed under subsection B) to any portion of the lot that was not occupied by the non-conforming use at the time such use became non-conforming pursuant to Section 700.

Section 703 Non-Conforming Buildings and Structures.

703.1 Expansion.

Expansion of non-conforming parts of buildings or structures, may be allowed only by special exception as set forth herein. For purposes of this section, the term “expansion” shall include any increase in the footprint and/or volume of the non-conforming part of the building or structure.

A. The Board shall make each of the following findings:
- 1. The reasonable use of abutting properties shall not be adversely affected by the proposed expansion.
- 2. The proposed expansion shall not render the lot size proportionately less adequate, i.e. any aspect of the building or structure that is currently non-conforming cannot be made more non-conforming in the absence of a variance.
- 3. These special exception standards shall apply in addition to the standards in Section 801.3 of the Zoning Ordinance.
B. Those parts of any non-conforming building or structure which are conforming may be expanded provided the expansion is conforming and the use is not changed.

703.2 Abandonment, Discontinuance, Destruction.

Any non-conforming building or non-conforming structure which is partially or wholly destroyed by reason of any cause whatsoever, including obsolescence, fire, explosion, storm, floods, or other acts of God, may be resumed or restored and operated in its former non-conformity if same is done within two (2) years; thereafter, any non-conforming building or structure shall not be re-established if such building or structure has been discontinued for a period of two (2) years or more; provided, however, that the Zoning Board of Adjustment, upon an appeal from the Zoning Administrator’s decision concerning such resumption or restoration, may permit the resumption or restoration of the same building or structure if it finds:

(a) that no action incorporating an intent to abandon the non-conforming building or structure has been taken by the owner or occupant, including but not limited to a change in non-conforming use to razing or remodeling the building or structure; and
(b) that the failure to resume or restore the use during the two-year period was due to economic, regulatory, or other forces beyond the control of the owner or occupant.

Non-conforming signs shall be subject to Section 608.8 in lieu of Section 703.2. Non-conforming sign structures shall be subject to Section 703.2.

Section 704 Pre-Existing Uses That Are Special Exceptions or Conditional Uses.

Any use which existed prior to the adoption of this Ordinance or amendment thereto which is allowed as a special exception or conditional use by this Ordinance shall not be deemed a non-conforming use, but shall, without further action be deemed a conforming use. Expansions of such uses shall be governed by Section 801.3 (“Special Exceptions”) or by Section 302.4 (“Conditional Uses”) rather than Section 702.5.

Section 705 Prior Unlawful Uses.

Nothing in this Ordinance or section shall validate any use which was declared unlawful or was prohibited by any prior zoning Ordinance of the City of Lebanon whether or not such unlawful or prohibited use had been prosecuted prior to, or at the time this Ordinance became effective, and no such unlawful or prohibited use shall be deemed conforming under the terms of this Ordinance.