Nonconforming use of a structure is herein defined
as a use of a building, lot or structure that does not conform to
a use regulation prescribed by this chapter for the district in which
it is located but which was in existence at the time the use regulation
became effective and was lawful at the time it was established.
[Amended 5-5-1997 ATM by Art. 40]
Except as hereinafter provided, this chapter
shall not apply to uses, buildings or structures lawfully in existence
or lawfully begun or to a building or special permit issued before
the first publication of notice of the public hearing on this chapter
required by MGL c. 40A, § 5, as amended, but shall apply
to any change or substantial extension of such use, to a building
or special permit issued after the first notice of said public hearing,
to any reconstruction, extension or structural change of such structure
and to any alteration of a structure begun after the first notice
of said public hearing to provide for its use for a substantially
different purpose or for the same purpose in a substantially different
manner or to a substantially greater extent, except where alteration,
reconstruction, extension or structural change to a single- or two-family
residential structure does not increase the nonconforming nature of
said structure.
A.
Preexisting single- and/or two-family residential
structures may be reconstructed, changed, extended or altered without
the necessity of a public hearing, provided that it is determined
that no such reconstruction, change, extension or alteration shall
increase the nonconforming nature of said structure. Such determination
shall be made by the Board of Appeals or the Zoning Administrator.
In the event that such reconstruction, change, extension or alteration
increases the nonconformity of said structure, no such reconstruction,
change, extension or alteration shall be permitted unless there is
a finding by the Board of Appeals pursuant to a public hearing that
such reconstruction, change, extension or alteration shall not be
substantially more detrimental than the existing nonconformity to
the neighborhood.
B.
Preexisting nonconforming buildings, structures or
uses (with the exception of single- or two-family structures) may
be changed, extended or altered, provided that no such change, extension
or alteration shall be permitted unless there is a finding by the
Board of Appeals that such change, extension or alteration shall not
be substantially more detrimental than the existing nonconforming
use to the neighborhood.
C.
This article shall not apply to billboards, signs
and other advertising devices subject to the provisions of MGL c.
93, §§ 29 through 33, inclusive, and MGL c. 93D.
Nonconforming uses, buildings or structures
abandoned or not used continuously for a period of two years shall
be required to conform to the current bylaw provisions.
Nothing herein shall require any change in plans,
construction or intended use of a building for which an unexpired
permit has heretofore been issued and the construction of which shall
be commenced within a period of six months and completed according
to such permit within one year after the issuance of the permit.
Any nonconforming structure may be restored
and used regardless of the estimated restoration cost, provided that
the new or restored structure is not substantially more nonconforming
than the former structure.
In no instance shall nonconforming uses or structures
be made more nonconforming unless the Board of Appeals finds that
such additional nonconformity will fulfill the intents and purposes
of this chapter and will be in the general welfare.
A nonconforming lot is a lot which does not
meet the current area or frontage requirements for lots in the district
in which it is located. Such lot may or may not be buildable depending
upon the date it became nonconforming and any applicable exemptions
provided by local law or MGL c. 40A.
