A nonconforming structure or use is a structure
or use lawfully begun, or lawfully in existence, or subject to a building
or special permit issued before the first publication of notice of
the public hearing on this bylaw and which does not conform with the
provisions of this bylaw or its amendments. A nonconforming structure
or use may continue in use.
A.Â
A nonconforming one-family or two-family dwelling
may be enlarged, expanded or reconstructed provided such enlargement,
expansion or reconstruction does not extend further into any deficient
yard(s) and complies with all pertinent zoning bylaws.
B.Â
Existing structures used for the primary purpose of
agriculture, horticulture or floriculture may be enlarged, expanded
or reconstructed provided such enlargement, expansion or reconstruction
does not extent further into any deficient yard(s) and complies with
all pertinent zoning bylaws.
C.Â
Nonconforming lots of record and lots shown on a plan
endorsed by the Planning Board under the Subdivision Control Law are
exempt from the provisions of this bylaw to the extent and as provided
in MGL c. 40A, § 6.
A nonconforming structure or use may be converted,
enlarged or expanded by a special permit from the Board of Appeals
provided:
A.Â
Such conversion, enlargement or expansion shall not
be substantially more detrimental than the existing nonconforming
structure or use to the neighborhood. For the purpose of this section,
substantially more detrimental structures or uses include those which
would cause readily observable difference in patronage, service, appearance,
vehicular traffic, noise, employment or similar characteristics from
the existing nonconforming structure or use or from any permitted
structure or use in the district affected.
B.Â
Such conversion, enlargement or expansion shall not
result in greater nonconformity with the provisions of this bylaw
including, but not limited to, the requirements for open spaces and
off-street parking.
C.Â
Such conversion, enlargement or expansion shall be
restricted to the lot on which the original nonconforming structure
or use is located.
D.Â
Physical construction or use under a special permit
shall commence within one year of the date of approval or the special
permit is forfeited.
A nonconforming structure damaged by fire, explosion
or any other catastrophe may be rebuilt provided such rebuilding,
reconstruction or restoration shall be undertaken within two years
of such catastrophe, and the structure as rebuilt or restored shall
not extend further into any previous deficient front, rear or side
yard. Such rebuilt, reconstructed or restored structure may be enlarged
by a special permit from the Board of Appeals provided it shall comply
with all yard and open space requirements of this bylaw.
Nothing in this bylaw shall be deemed to restrict
the normal maintenance and repair of nonconforming structures or prevent
reconstruction to a safe condition of any structure, or part thereof,
declared to be unsafe by any official charged with protecting the
public safety, upon order of such official.
Any nonconforming use which has been abandoned
or not used for two years or more shall not thereafter be reestablished
and shall not again be devoted to any use other than those permitted
in the applicable district.
The Board of Appeals may impose reasonable conditions
on applications for special permits designed to lessen a detrimental
impact on any nonconforming structure or use on adjacent properties
and the general neighborhood, whenever such structure or use is authorized
to enlarge, expand, extend or convert to another nonconforming structure
or use under the provisions of this section.
