Town of Northbridge, MA Article IX Nonconforming Uses, Structures and Lots

§ 173-29 Applicability of provisions.

The provisions of this article affecting nonconforming uses, structures and/or lots cited herein and certain related nonconformities shall apply under the provisions of this chapter and established districts as enacted initially or as subsequently amended.

§ 173-30 Extensions and alterations.

[Amended 5-4-1999 ATM, Art. 21]

A. Extension or alteration of a preexisting nonconforming single- or two-family structure shall be permitted by right provided that such activity meets the following conditions:

(1) It complies with the current setback requirements.

(2) It complies with the current height and bulk regulations.

B. Preexisting nonconforming structures, other than single- or two-family structures, or uses may be extended or altered, provided that no such 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 structure or use to the neighborhood. This section shall not apply to billboards, signs and other advertising devices subject to the provisions of MGL C. 93, §§ 29 through 33 and to C. 93D or to establishments which display live nudity for their patrons, as defined in § 9A of MGL C. 40A, adult bookstores, adult motion-picture theaters, adult paraphernalia shops, or adult video stores subject to the provisions of § 9A.

§ 173-31 (Reserved) [1]

[1] Editor's Note: Former § 173-31, Residential lot of record, was repealed 5-9-1995 ATM, Art. 38.

§ 173-32 Nonconforming lots or open space.

Any nonconforming lot or open space on the lot (yards, setbacks, courts, usable open space or building area) if already smaller or greater, as the case may be, than that required shall not be further reduced or increased so as to be in greater nonconformity. Any off-street parking or loading space, if already less than the number required to serve its intended use, shall not be further reduced in number.

§ 173-33 Change of nonconforming use to another.

A. Any nonconforming use of a structure may be changed to another nonconforming use, provided that the changed use is not a substantially different use.

B. Any nonconforming use which has been once changed to a permitted use or another nonconforming use which is not a substantially different use shall, except a commercial greenhouse in any R District, not again be changed to another nonconforming use.

C. Any nonconforming lot which has come into conformity shall not again be changed to another nonconforming lot.

§ 173-34 Rebuilding of damaged structures.

Any nonconforming structure damaged by fire or other cause may be rebuilt for the same nonconforming use, provided that such reconstruction is started within one year.

§ 173-35 Abandoned nonconforming uses.

[Amended 5-9-1995 ATM, Art. 38]

Any nonconforming use, except for agriculture, horticulture or floriculture use, of a structure and/or lot which has been abandoned or not used for a continuous period of two years or more shall not be used again except by a conforming use.

§ 173-36 Moving.

Any nonconforming structure shall not be moved to any other location on the lot or any other lot unless every portion of such structure, the use thereof and the lot shall be conforming.

§ 173-37 Unsafe structures.

Any structure determined by the Building Inspector to be unsafe may be restored to a safe condition, provided that such work on any nonconforming structure shall not place it in greater nonconformity, and provided further that if the cost to restore any structure shall exceed 50% of its physical replacement value, it shall be reconstructed only as a conforming structure and used for a conforming use.