Town of Foster
§ 38-239

Adaptive reuse—Nonconformance

  • (a) Notwithstanding any other provisions of this chapter, for adaptive reuse projects, existing building setbacks shall remain and shall be considered legal nonconforming, but no additional encroachments shall be permitted into any nonconforming setback, unless relief is granted by the planning board. Encroachments may be permitted into a setback by relief granted by the planning board in projects where the footprint is expanded to accommodate upgrades related to the building and fire codes and utilities.

  • (b) For adaptive reuse projects, notwithstanding any other provisions of this chapter, the height of the existing structure, if it exceeds the maximum height of the zoning district, may remain and shall be considered legal nonconforming, and any rooftop construction shall be included within the height exemption.

(Ord. of 1-25-2024(1))