This chapter shall not apply to structures or uses lawfully in existence or lawfully begun, or to a building or special permit issued before the first publication of notice of the public hearing required by MGL c. 40A, § 5 at which this chapter, or any relevant part thereof, was adopted. Such prior, lawfully existing nonconforming uses and structures may continue, provided that no modification of the use or structure is accomplished, unless authorized hereunder.
The Zoning Board of Appeals may award a special permit to change a nonconforming use in accordance with this Section only if it determines that such change or extension shall not be substantially more detrimental than the existing nonconforming use to the neighborhood.
A. 
Permissible Changes. The following types of changes to nonconforming uses may be considered by the Zoning Board of Appeals:
(1) 
Change or substantial extension of the use;
(2) 
Change from one nonconforming use to another, less detrimental, nonconforming use.
The Zoning Board of Appeals may award a special permit to reconstruct, extend, alter, or change a nonconforming structure in accordance with this Section only if it determines that such reconstruction, extension, alteration, or change shall not be substantially more detrimental than the existing nonconforming structure to the neighborhood.
A. 
Permissible Changes. The following types of changes to nonconforming structures may be considered by the Zoning Board of Appeals:
(1) 
Reconstructed, extended or structurally changed;
(2) 
Altered to provide for a substantially different purpose or for the same purpose in a substantially different manner or to a substantially greater extent.
Except as provided in § 235-23, below, the reconstruction, extension or structural change of a nonconforming structure in such a manner as to increase an existing nonconformity, or create a new nonconformity, shall require the issuance of a variance; the extension of an exterior wall at or along the same nonconforming distance within a required yard shall also require the issuance of a variance from the Zoning Board of Appeals.
Nonconforming single and two family residential structures may be reconstructed, extended, altered, or structurally changed upon a determination by the Building Commissioner that such proposed reconstruction, extension, alteration, or change does not increase the nonconforming nature of said structure by more than 100% gross floor area.
A. 
Permissible Changes.
(1) 
The following circumstances shall not be deemed to increase the nonconforming nature of said structure and a building permit may be issued:
(a) 
The reconstruction, extension or alteration of the structure complies with the current setbacks and building height requirements; or
(b) 
The reconstruction, extension or alteration to any side or face of a structure that does not comply with a current setback requirement, where the reconstruction, extension or alteration will not result in a decrease in the distance between any lot line and the nearest point of the structure; or
(c) 
The reconstruction, extension or alteration will not extend beyond the existing footprint of the structure, provided that the structure will comply with the current building height requirements.
(2) 
If the Building Commissioner determines that proposed alteration, extension or change exceeds the one or more of the criteria set forth above, the Zoning Board of Appeals may, by finding, allow such alteration, extension or change where it determines that the proposed modification will not be substantially more detrimental than the existing nonconforming structure to the neighborhood. For the purposes of this subsection only, the term "reconstruction" shall not include the voluntary demolition of such structure and its rebuilding. See § 235-25.
A nonconforming use or structure which has been abandoned, or not used for a period of two years, shall lose its protected status and be subject to all of the provisions of this zoning by-law; provided, however, that by special permit the Zoning Board of Appeals may reestablish a nonconforming use or structure otherwise abandoned or not used.
Any nonconforming structure, other than a nonconforming single or two-family dwelling governed by § 235-23, may be reconstructed after a catastrophe or after demolition in accordance with the following provisions.
A. 
Procedures.
(1) 
Reconstruction of said premises shall commence within two years after such catastrophe or demolition.
(2) 
Building(s) reconstructed as of right shall be located on the same footprint as the original nonconforming structure and shall be only as great in volume or area as the original nonconforming structure.
(3) 
In the event that the proposed reconstruction would (a) cause the structure to exceed the volume or area of the original nonconforming structure or (b) cause the structure to be located other than on the original footprint, a special permit from the Board of Appeals shall be required.
No nonconforming use shall, if changed to a conforming use, revert to a nonconforming use.
When a prior lawful nonconforming structure is located on a lot which does not meet current dimensional requirements, such lot shall not be changed, unless the change does not result in exacerbation of an existing nonconformity or a new nonconformity.