Mayer-Wittmann v. Zoning Board of Appeals

Summary

The court held that the cottage remained legally nonconforming as to its setback and height restrictions because flood-zone regulations required substantial reconstruction to meet the minimum elevation standard, making reconstruction "as before" impossible without regulatory relief. It also held that the zoning board properly granted variances because strict enforcement would prevent continued use of the existing nonconforming cottage and the requested variances reduced, rather than expanded, its nonconformities. The judgment dismissing the plaintiff's appeal was affirmed.