A.
No building or structure shall be erected or used and no premises
shall be used except as set forth in the Table of Use Regulations
included at the end of this chapter.
B.
Permitted uses and uses allowed by special permit from either the Zoning Board of Appeals or Planning Board shall be in conformity with the provisions of § 675-1170, Special permits, and shall not be detrimental or offensive or injurious to properties in the same or adjoining districts by reason of dirt, dust, glare, odor, fumes, smoke, gas, sewage, refuse, noise, vibration or danger of explosion or fire.
A.
Applicability. 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 use and structures may continue, provided that no modification
of the use or structure is accomplished unless authorized hereunder.
B.
Nonconforming uses.
(1)
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. The following
types of changes to nonconforming uses may be considered by the Zoning
Board of Appeals:
(2)
Reversion to nonconformity. No nonconforming use shall, if changed
to a conforming use, revert to a nonconforming use.
C.
Nonconforming structures. 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.
(1)
The following types of changes to nonconforming structures may
be considered by the Zoning Board of Appeals:
(2)
Variance required. Except as provided in Subsection C(4) and (5) 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 from the Zoning Board of Appeals.
(3)
Special permit required. Except as provided in Subsection C(4) and (5) below, the reconstruction, extension or structural change of a nonconforming structure where there is an extension of an exterior wall at or along the same nonconforming distance within a required yard, then the Zoning Board of Appeals may award a special permit.
(4)
Reconstruction after catastrophe or demolition. Except as provided for in Subsection C(5) below, a nonconforming structure may be reconstructed after a catastrophe or after demolition in accordance with the following provisions:
(a)
Reconstruction of said premises shall commence within two years
after such catastrophe or demolition.
(b)
The building(s) as reconstructed shall be located on the same
footprint as the original nonconforming structure, shall be only as
great in volume or area as the original nonconforming structure, and
shall meet all applicable requirements for yards, setback, and height.
(c)
If the proposed reconstruction would cause the structure to
exceed the volume or area of the original nonconforming structure
or exceed applicable requirements for yards, setback, and/or height
or cause the structure to be located other than on the original footprint,
a special permit shall be required from the Zoning Board of Appeals
prior to such demolition.
(5)
Nonconforming single- and two-family residential structures.
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.
(a)
The following circumstances shall not be deemed to increase
the nonconforming nature of said structure:
[1]
Alteration to a structure located on a lot with insufficient
area which complies with all current setback, yard, building coverage,
and building height requirements.
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[2]
Alteration to a structure located on a lot with insufficient
frontage which complies with all current setback, yard, building coverage,
and building height requirements.
[3]
Alteration to a structure which encroaches upon one or more
required yard or setback areas, where the alteration will comply with
all current setback, yard, building coverage and building height requirements.
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(b)
If the Building Commissioner determines that the nonconforming
nature of such structure would be increased by the proposed reconstruction,
extension, alteration, or change, the Zoning Board of Appeals may,
by special permit, allow such reconstruction, extension, alteration,
or change where it determines that the proposed modification will
not be substantially more detrimental than the existing nonconforming
structure to the neighborhood.
D.
Abandonment or nonuse. 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 the provisions of this
chapter.
