[Amended 3-16-1987 STM by Art. 20]
Except as hereinafter provided, this Bylaw shall
not apply to structures or uses lawfully in existence or lawfully
begun, or to a building or special permit issued before the date of
the first publication of notice of the public hearing of such Bylaw
required by MGL c. 40A, § 5.
[Amended 4-27-1991 STM by Art. 2]
Pre-existing, nonconforming structures or uses may be extended, altered, changed or rebuilt only by special permit from the Board of Appeals and subject to the provisions of § 145-65F. Any such rebuilding, change, extension or alteration shall not be more detrimental than the existing nonconforming use to the neighborhood. Exempted from the requirement for a special permit are the following:
A.
Alteration, reconstruction, extension or structural
change to a nonconforming single- or two-family residential structure
where such change does not increase the nonconforming nature of said
structure.
B.
Interior alteration of any existing structure which
does not change the nature of, nor increase the intensity of a nonconforming
use.
C.
Reconstruction of a legally nonconforming structure
damaged or destroyed by fire or other accidental or natural cause
if reconstruction is started within 24 months and completed within
36 months of the damage or destruction.
Any nonconforming use or structure which has been abandoned or discontinued for two years or more loses the protection of § 145-17 and shall be required to conform to the current Bylaw.
Construction or operation under a building permit
or special permit must conform to any subsequent amendments of the
Zoning Bylaw unless the use or construction is commenced within a
period of six months after the issuance of the permit and in cases
involving construction, unless such construction is continued through
to completion continuously and expeditiously.
[Added 4-27-1991 STM by Art. 3]
Setback requirements for the construction of any accessory structure or addition to an existing dwelling need only conform to the Zoning Bylaw requirements in existence at the time of issuance of the original building permit. For structures in existence prior to the Zoning Bylaw refer to § 145-18.
