The provisions of this article apply to nonconforming
uses, structures and lots as created by the initial enactment of this
Bylaw or by any subsequent amendments.
Any lawful use of any structure or land or both
may be continued although not conforming with the provisions of this
bylaw, but no such lawfully nonconforming use or structure shall be
changed, extended or enlarged in any manner except as provided for
herein.
A.
Abandonment. If any nonconforming use of land or of
a building is discontinued for a period of two years or more such
land or building shall thereafter be used or developed only in accordance
with the terms of the Abington Zoning Bylaw for the zoning district(s)
in which such property is located.
B.
Restoration. Any nonconforming building or structure
which has been damaged or destroyed by fire or other casualty may
be repaired or rebuilt, provided, however, that the repaired or rebuilt
structure shall be no less conforming than the structure that was
so damaged or destroyed. All such reconstruction must commence within
two years from the date of said damage or destruction.
[Amended 4-6-2005 ATM, Art. 27]
A.
Any nonconforming lot or open space on the lot (including
but not limited to yards, setbacks, courts, or building area) if already
smaller than that required shall not be further reduced so as to be
in greater nonconformity. Any conforming lot or conforming setbacks
on the lot shall not be reduced so as to not conform with the requirements
of this bylaw.
B.
Any off-street parking or loading spaces, if already
equal to or less 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 new use is not a substantially
different use, as provided below and approval for such change is granted
a special permit by the Board of Appeals. For the purpose of this
section, a substantially different use is a use which by reason of
its normal operation, would cause readily observable differences in
patronage, service, sight, noise, employment or similar characteristics,
from the existing nonconforming use.
B.
If any nonconforming use is changed to a conforming
use, it shall not thereafter be put into any nonconforming use.
Any nonconforming structure shall not be removed
to any other location on the lot or any other lot unless every portion
of such structure, and the use thereof, shall be conforming without
the the issuance of a special permit by the Zoning Board of Appeals.
Any structure determined to be unsafe may be
restored to a safe condition provided that such work on any nonconforming
structure shall not place it in greater nonconformity.
