Town of Marblehead, MA Article VIII Nonconforming Building, Lot or Use

§ 200-30 Existing nonconformance.

A. Continuation of a nonconforming use or building. Any nonconforming building or use which does not conform to the requirements of this Bylaw (but which conformed to the applicable regulations when the building or use was initially established or to a building permit or special permit issued and construction or alteration proceeds in good faith continuously to completion so far as reasonable under the circumstances or which had conformed before the first notice of a public hearing on any subsequently adopted amendment to the applicable regulations) may be continued as preexisting and lawful. (See definitions "nonconforming building or lot" and "nonconforming use" in § 200 7.)

[Amended 5-6-2019 ATM by Art. 26]

B. Change of a nonconforming use.

(1) A building may be converted from a nonconforming use to a conforming use as a matter of right unless all or part of the portion of the building to be devoted to the proposed use is located within the required yard setback abutting a one- or two-family or duplex dwelling, in which instance the change of use requires a special permit for use and dimension from the Board of Appeals.

[Amended 5-6-2002 ATM by Art. 7]

(2) A legal preexisting nonconforming use may change to another nonconforming use only after first obtaining a special permit for use and dimension from the Board of Appeals. The criteria set forth in § 200-37B, Standards for special permit for use and dimension, shall apply.

C. Special permit for the change of a nonconforming building. A building housing an allowed use which does not currently conform to the dimensional requirements of this Bylaw may not be altered, reconstructed, extended or changed unless a special permit for use and dimension for such change shall first be obtained from the Board of Appeals. As referenced in § 200-36D, Board decision, the criteria set forth in § 200-37B, Standards for special permit for use and dimension, shall apply. (See Subsection D, Allowed expansion of a nonconforming building, for exception.)

D. Allowed expansion of a nonconforming building.

[Amended 5-5-1997 ATM by Art. 19; 5-7-2001 ATM by Art. 40]

(1) A special permit shall be required where the use is an allowed use, and where the alteration, reconstruction, extension, new construction or structural change of the nonconforming building would:

[Amended 5-6-2019 ATM by Art. 26]

(a) Increase the gross floor area by more than 10%; or

(b) Increase the height of the building by more than 10%; or

(c) Increase the size of any lateral dimension by more than 10% of the aggregate lateral dimension; or

(d) Additionally, for the Harborfront and Shoreline Districts only if the new construction exceeds 500 square feet in gross floor area or 500 square feet of an accessory building. (See definition "floor area, gross" in § 200-7.)

(2) Provided that any such alteration, reconstruction extension, new construction or structural change must comply with all applicable current parking, setback, open area, and dimensional requirements of this Bylaw and provided that this provision has not been used within the last five years.

E. Allowed alteration or division of a nonconforming lot. A lot, whether or not containing a building, which fails to comply with the current parking, dimensional and other requirements of this Bylaw may only be altered or divided with a special permit for use and/or dimension from the Board of Appeals unless the altered lot line(s) do not make any affected lot either nonconforming or increase the use or dimensional nonconformities.

[Amended 5-6-2019 ATM by Art. 26]

F. Alteration of a nonconforming or conforming lot with a nonconforming use. A conforming or a nonconforming lot with a nonconforming use cannot be subdivided or diminished in size without having first obtained a special permit for use and dimension for such change from the Board of Appeals.

[Amended 5-6-2019 ATM by Art. 26[1]]

[1] Editor's Note: This article also repealed former Subsection F, Subdivision of nonconforming lot, and redesignated former Subsection G as Subsection F.

§ 200-31 Change of allowed use in building located in setbacks.

[Added 5-6-2002 ATM by Art. 7; amended 5-6-2019 ATM by Art. 26[1]]

A building may be converted from one conforming use to another conforming use as a matter of right unless that portion of the building to be devoted to the proposed use is located within the required yard setback abutting a one or two family or duplex dwelling, in which instance the change of use requires a special permit for use and dimension from the Board of Appeals.

[1] Editor's Note: This article also renumbered former §§ 200-31 through 200-40 as §§ 200-32 through 200-41, respectively.

§ 200-32 Rebuilding after catastrophe.

A nonconforming use or building damaged or destroyed by fire or other accidental cause may be repaired or reconstructed as it was before the accident, within the same portion of the lot and used as before the accident, provided that such work is completed within two years after the time of damage or destruction. (This provision supersedes the definition of "building, new" in § 200-7.) The Board of Appeals, however, may extend the two-year period for good cause shown by issuing a special permit for use and dimension.

§ 200-33 Discontinued nonconforming use or building.

A nonconforming use which has been discontinued for a period of two years shall not be reestablished, and a nonconforming building which has been damaged or destroyed by fire or other accidental cause more than two years previously shall not be reconstructed, unless future use of the building or land shall conform to the regulations of this Bylaw.

§ 200-34 Demolished nonconforming building.

A nonconforming building which has been demolished or removed (not by accidental cause) shall not be rebuilt except by a conforming building. An exception from this provision may be granted by special permit for use and dimension from the Board of Appeals and is governed by § 200-30, Existing nonconformance.