[Amended 10-1992 STM by Art. 14]
For the purpose of this chapter, the Braintree Zoning Board
of Appeal shall be the permit granting authority for the issuance
of zoning variances and for authorizing alterations or changes to
preexisting nonconforming structures.
Any use of land, building or structure, existing and lawful
at the time of the original adoption of the Town's Zoning Bylaw or
the adoption of subsequent amendments, which does not conform to the
current requirements for the district in which such land, building
or structure is situated may be continued except as hereinafter provided.
Signs shall not be permitted as a nonconforming use.
A.
Preexisting nonconforming structures and structures containing a
nonconforming use may be extended or altered only if there is a finding
by the Zoning Board of Appeal (permit granting authority) that such
extension or alteration shall not be substantially more detrimental
to the neighborhood than the existing nonconforming structure or use.
The proposed extension or structural change must itself comply with
the Zoning Bylaw.
B.
In the event a nonconforming structure or a building or structure
containing a nonconforming use is damaged or destroyed in whole or
in part by fire or other casualty, it may within two years of the
date of the demolition permit be replaced by a building or structure
to be used for the same purpose as the one destroyed. The building
or structure reconstructed shall not exceed in cubic content or footprint
that of the original building. The use resumed shall begin within
one year of the completion of such replacement or reconstruction.
"Original building or structure," for the purpose hereof, shall be
deemed to be the building or structure legally existing at the time
of destruction.
[Amended 5-3-2005 STM by Art. 27]
C.
Nonconforming one- and two-family dwellings shall be allowed, as
a matter of right, extensions or structural changes which meet all
current zoning requirements for setbacks, building coverage, lot coverage,
height and use for a district in which they are located.
[Amended 5-3-1993 ATM by Art. 38]
In the event a nonconforming building or structure is not used
or a nonconforming use is not exercised for a period of two years,
the right to maintain such nonconforming building or structure or
to carry on such nonconforming use shall be deemed to have been abandoned
and extinguished. Thereafter, the premises shall be subject to all
regulations applying to the zoning district in which it is located.
If a nonconforming structure or use or part thereof is changed
to a conforming structure or use, no reversion to the nonconforming
status shall be permitted.
A.
When, in its judgment, the public welfare and convenience will be
substantially served and where the status of the neighborhood will
be improved, the Zoning Board of Appeal (permit granting authority)
may, after a public hearing and subject to such terms and conditions
as it may impose, vary the application of this chapter as follows:
Allow variance from the applicable provisions of this chapter if the
permit granting authority finds that a literal enforcement of the
provisions of this chapter would involve substantial hardship to the
petitioner, financial or otherwise, owing to site-specific soil conditions,
shape or topography of land or structures which do not generally affect
the zoning district in which it is located and that desirable relief
may be granted without substantial detriment to the public good and
without nullifying or substantially derogating from the intent or
purpose of this chapter.
B.
The Zoning Board of Appeal (permit granting authority) shall hold
a public hearing in accordance with the provisions of MGL c. 40A.
The Zoning Board of Appeal (permit granting authority) shall give
notice as required by MGL.
C.
If the rights authorized by a variance are not exercised within one
year of the date of granting of such variance, such rights shall lapse.
However, the permit granting authority in its discretion and upon
written application by the grantee may extend the time to exercise
such rights for a period not to exceed six months. The application
for such extension shall be filed with the permit granting authority
prior to the expiration of the one-year period. If the permit granting
authority does not grant such extension within 30 days of the date
of application for extension, the extension shall be deemed denied.
D.
No variance may authorize a use or activity not otherwise permitted
in the district in which the land or structure is located. However,
such variances properly granted prior to January 1, 1976, but limited
in time, may be extended on the same terms and conditions that were
in effect for such variance upon said effective date.
E.
The Zoning Board of Appeal (permit granting authority) shall not
take final action on a request for a variance or on a request for
action on a nonconforming use until the Planning Board has submitted
to the Zoning Board of Appeal (permit granting authority) in writing
a report with recommendations on the matter or until the expiration
of 30 days from the date of notice to the Planning Board.
