The provisions of this article apply to actions in connection
with nonconforming uses, structures and lots created by the initial
enactment of this chapter or by any subsequent amendment. It is the
purpose of this chapter to discourage the perpetuity of nonconforming
uses whenever possible. The lawful use of any building or land existing
at the time of the enactment of this chapter may be continued, except
as otherwise provided.
[Amended 8-6-1973 by Ord.
No. 18053; 2-19-1985 by Ord. No. 957; 5-1-1995 by Ord. No. 95-189]
A.
Any nonconforming use, except for agriculture, horticulture or floriculture,
of any open space on a lot outside a structure or of a lot not occupied
by a structure shall not be extended.
B.
Any nonconforming principal use of a structure shall not be extended.
C.
Any nonconforming accessory use of a portion of a structure or any
conforming accessory use of a portion of a nonconforming structure
may be extended up to a maximum of 40% of the existing structure.
D.
Any existing structure on a nonconforming lot may be altered and
the conforming use extended throughout the altered portion, provided
that any resultant alteration shall not cause the structure to violate
the dimensional and density regulations of the district in which it
is located.
E.
Any existing nonconforming building used as a one- or two-family
dwelling may be extended and the conforming use extended throughout
the extended portion, notwithstanding that the extended portion may
violate the side or rear yard requirements, provided that said extended
portion follows the line of the existing building and is not less
than 7 1/2 feet from each lot line.
F.
Any nonconforming structure or portion thereof which has come into
conformity shall not again become nonconforming.
G.
Any extension or alteration to an existing nonconforming building
used as a one- or two-family dwelling shall be allowed as a matter
of right, provided that the extension or alteration is consistent
with and does not violate the dimensional and density regulations
of the district in which it is located.
Any lot lawfully laid out by plan or deed duly recorded, or
any lot shown on a plan endorsed by the Planning Board with the words
"approval under the Subdivision Control Law not required," or words
of similar import, which complies (at the time of recording or such
endorsement, whichever is earlier) with the minimum area, frontage,
width and depth requirements, if any, of the Zoning Ordinance then
in effect may be built upon for residential use provided it has a
minimum area of 5,000 square feet, with a minimum front footage of
50 feet, and is otherwise in accordance with the provisions of Section
6 of the Zoning Act.[1]
[1]
Editor's Note: See MGL c. 40A, § 6.
A.
Any nonconforming lot or open space on the lot, including yards and
setbacks, if already smaller than that required shall not be further
reduced so as to be in greater nonconformity. The Board, however,
may grant a special permit to extend a conforming use so as to violate
or further violate the side or rear yard requirements.
B.
No building area or floor area, where already nonconforming, shall
be increased so as to be in greater nonconformity.
C.
Any off-street parking or loading spaces, if already equal to or
fewer than the number required to serve their intended use, shall
not be further reduced in number.
A.
Any nonconforming use of a structure may be changed to another nonconforming
use provided the changed use is not a substantially different use
as determined by the Building Commissioner.
B.
Any nonconforming use which has been once changed to a permitted
use or to another nonconforming use which is not a substantially different
use shall not again be changed to another nonconforming use.
C.
Any nonconforming lot which has come into conformity shall not again
be changed to a nonconforming lot.
A.
Any nonconforming structure or any structure occupied by a nonconforming
use which is totally destroyed by fire or other natural cause may
be rebuilt on its original foundation according to original floor
area limitations and used for its original use. Otherwise it shall
not be rebuilt except in accordance with the use, dimensional and
density regulations of this chapter. Historical buildings may be exempt
by special exception of the Board of Appeals.
B.
Any nonconforming structure or any structure occupied by a nonconforming
use which is damaged by fire or other natural cause may be repaired
or rebuilt according to the dimensions and floor area limitations
of the original structure and used for its original use or a conforming
use.
A.
Any nonconforming use of a conforming structure and lot which has
been abandoned for a continuous period of two years or more shall
not be used again except for a conforming use. For agriculture, horticulture
or floriculture, the abandonment period shall be five years.
B.
For purposes of this section, the abandonment period shall not be
broken by temporary occupancy except when such temporary occupancy
is for a period of 60 consecutive days.
Any nonconforming structure shall not be removed 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.
Except as covered under §§ 235-48 and 235-49, any structure determined to be unsafe may be restored to a safe condition, provided such work on any nonconforming structure shall be completed within one year of the determination that the structure is unsafe and it shall not place the structure in greater nonconformity, and provided, further, if the cost to restore any structure shall exceed 50% of its replacement value, it shall be reconstructed only as a conforming structure and used only for a conforming use.
