A.
The provisions of this Article shall apply to all districts as established
in this Bylaw and as amended.
B.
Construction or operations under a building or special permit shall
conform to any subsequent amendment of the Bylaw unless the use or
construction is commenced within a period of not more than six months
after the issuance of the permit and, in cases involving construction,
unless such construction is continued through to completion as continuously
and expeditiously as reasonable.
C.
Change, extension or alteration of nonconforming structures.
[Added 4-27-2015 ATM
by Art. 32]
(1)
The Building Commissioner may permit a proposed extension, alteration,
or change to a preexisting nonconforming single- or two-family dwelling,
if he or she determines that there will be no increase to the nonconforming
nature of said structure. A proposed extension, alteration, or change
shall be deemed not to increase the nonconforming nature of said structure
if:
(a)
The structure is located on a lot with insufficient area, frontage,
width, depth, or perfect square but the proposed extension, alteration,
or change complies with all other current requirements of the Table
of Area Regulations and the Table of Height and Bulk Regulations.[1]
[1]
Editor's Note: The Tables of Area Regulations and Height and Bulk Regulations are included as attachments to this chapter.
(b)
The structure already encroaches upon one or more required yard
or setback areas, but the proposed extension, alteration, or change
will comply with the appropriate setbacks for the proposal and all
other current setback, yard and building height requirements that
the original lot complied with.
(2)
Any proposed extension, alteration, or change to a preexisting
nonconforming single-, or two-family dwelling that the Building Commissioner
determines will increase the nonconforming nature of such structure
shall require the granting of a special permit from the Board of Appeals.
The Board of Appeals may grant a special permit if it determines that
such extension, alteration, or change will not be substantially more
detrimental to the neighborhood than the existing nonconforming structure.
(3)
Other preexisting nonconforming structures may be extended,
altered or changed upon the granting of a special permit from the
Board of Appeals if the Board of Appeals finds that such extension,
alteration or change will not be substantially more detrimental to
the neighborhood than the existing nonconforming building or structure.
A.
A nonconforming use shall not be extended except for agriculture,
horticulture or floriculture.
B.
A nonconforming lot that has no structure shall not be extended except
for agriculture, horticulture or floriculture.
C.
A nonconforming principal use of a structure shall not be extended.
D.
A conforming principal use of a nonconforming structure may be extended
throughout the existing structure.
E.
A nonconforming accessory use of a portion of a conforming structure
or conforming accessory use of a portion of a nonconforming structure
may be extended up to a maximum of 40% of the floor area of the existing
structure.
F.
A nonconforming structure located in any R District may be altered
and the use, if conforming, may be extended throughout the altered
portion, provided: any conforming use shall not be made nonconforming,
and the alteration shall not cause the structure to violate the maximum
floor area ratio and yard regulations of the zoning district in which
it is located.
A.
A nonconforming lot or open space on a lot (yards, setbacks, courts,
usable open space, or floor area ratio) shall not be changed so as
to be in greater nonconformity.
B.
Any nonconforming off-street parking or loading area already containing
fewer than the required number of spaces to serve their intended use
shall not be made more nonconforming.
A.
A nonconforming use of a structure may not be changed to another
nonconforming use.
B.
A nonconforming lot, use or structure which has come into conformity
shall not again be changed to a nonconforming lot, use or structure.
[Amended 4-28-2014 ATM
by Art. 33]
C.
A conforming lot, structure, or use shall not be enlarged, reduced
or changed in any manner so as to become nonconforming. A conforming
lot shall not be divided so as to leave preexisting structures on
a nonconforming lot or to render their use nonconforming.
A.
Any reconstruction of a nonconforming structure shall require a variance
except when that reconstruction is in the same configuration as the
preexisting structure.
B.
Any conforming structure damaged more than 50% by fire or other casualty
located on a nonconforming lot may be restored or rebuilt. No such
restoration or rebuilding shall be permitted which changes the use
or structure to a nonconforming use or structure. The rebuilding or
restoration of such conforming structure will not require a new variance.
If the nonconforming use, except for agriculture, horticulture
or floriculture, of a structure or lot has been abandoned for a continuous
period of two years or more, the lot or structure shall not be used
again except for a conforming use.
A nonconforming structure shall not be moved to any other location
on its lot or any other lot unless every portion of such structure
and the use thereof shall become conforming and the change will be
in accordance with the area and yard regulations of this Bylaw.
[Amended 4-28-2014 ATM
by Art. 33]
Any nonconforming structure determined by the Zoning Enforcement
Officer to be unsafe may be restored to a safe condition, provided
that the restoration shall not place it in greater nonconformity.
If the cost to restore any nonconformity exceeds 50% of its physical
replacement value, it shall be reconstructed only as a conforming
structure unless a new variance is secured.