The provisions of this article apply to actions
in connection with nonconforming uses, structures, and lots as created
by the initial enactment of this bylaw or by any subsequent amendment.
It is the intent and purpose of this bylaw to discourage the perpetuity
of nonconforming uses except where such extension will be in the general
welfare and not harmful to surrounding land uses. The lawful use of
any building or land existing at the time of the enactment of this
bylaw may be continued except as otherwise provided.
A.
Except as hereinafter provided, this zoning bylaw
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 on this bylaw, but shall
apply to any reconstruction, extension, or structural change of such
structure and to any alteration of a structure begun after the first
notice of said public hearing to provide for its use for a substantially
different purpose or for the same purpose in a substantially different
manner or to a substantially greater extent except where alteration,
reconstruction, extension, or structural change to a single nonconforming
nature of said structure.[1]
[1]
Editor's Note: So in original.
B.
Preexisting nonconforming structures or uses may be
extended or altered, provided that no such extension or alteration
shall be permitted unless there is a finding by the Zoning Board of
Appeals that such change, extension, or alteration shall not be substantially
more detrimental than the existing nonconforming use to the neighborhood.
Provisions of MGL c. 40A, as amended by Chapter
808 of the Acts of 1975, and as may be further amended from time to
time, hereinafter referred to as the "Zoning Act," with respect to
various exemptions to this bylaw, are hereby adopted as part of this
bylaw. (See Section VI of the Zoning Act.) Any nonconforming use and/or
structure abandoned or not used for a period of two years or more
shall be brought into conformance with this bylaw.
A.
In no instance shall nonconforming uses, structures
or lots be made more nonconforming unless the Zoning Board of Appeals
(ZBA) finds that such additional nonconformity will fulfill the intents
and purposes of this bylaw and will be in the general welfare.
B.
The provisions of this section shall not apply to
the alteration, extension, or structural change to a single- or two-family
residential structure lawfully in existence at the lime of enactment
of this amendment under the following circumstances:
[Added 10-25-1993 ATM by Art. 8]
(1)
The proposed changes comply with the height restriction;
and
(2)
The proposed changes comply with the requirement for
maximum building area, or if they do not comply, the proposed changes
do not result in an increase in building area on the lot; and
(3)
The proposed changes do comply with the setback requirements;
and
(4)
Proposed changes to enlarge the structure do not prevent
compliance with regulations governing the repair, expansion or replacement
of septic systems, or with any other applicable laws or regulations.
C.
For purposes of this bylaw, an alteration, reconstruction,
extension or structural change meeting the criteria set forth in this
section shall not be deemed to increase the nonconforming nature of
the structure and is allowable as a matter of right.
[Added 10-25-1993 ATM by Art 8]
