The provisions of this article affecting nonconforming uses,
structures and/or lots cited herein and certain related nonconformities
shall apply under the provisions of this chapter and established districts
as enacted initially or as subsequently amended.
[Amended 5-4-1999 ATM, Art. 21]
A. Extension or alteration of a preexisting nonconforming single- or
two-family structure shall be permitted by right provided that such
activity meets the following conditions:
(1) It complies with the current setback requirements.
(2) It complies with the current height and bulk regulations.
B. Preexisting nonconforming structures, other than single- or two-family
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 Board of Appeals that such change, extension or alteration
shall not be substantially more detrimental than the existing nonconforming
structure or use to the neighborhood. This section shall not apply
to billboards, signs and other advertising devices subject to the
provisions of MGL C. 93, §§ 29 through 33 and to C.
93D or to establishments which display live nudity for their patrons,
as defined in § 9A of MGL C. 40A, adult bookstores, adult
motion-picture theaters, adult paraphernalia shops, or adult video
stores subject to the provisions of § 9A.
Any nonconforming lot or open space on the lot (yards, setbacks,
courts, usable open space or building area) if already smaller or
greater, as the case may be, than that required shall not be further
reduced or increased so as to be in greater nonconformity. Any off-street
parking or loading space, if already less than the number required
to serve its intended use, shall not be further reduced in number.
Any nonconforming structure damaged by fire or other cause may
be rebuilt for the same nonconforming use, provided that such reconstruction
is started within one year.
[Amended 5-9-1995 ATM, Art. 38]
Any nonconforming use, except for agriculture, horticulture
or floriculture use, of a structure and/or lot which has been abandoned
or not used for a continuous period of two years or more shall not
be used again except by a conforming use.
Any nonconforming structure shall not be moved to any other
location on the lot or any other lot unless every portion of such
structure, the use thereof and the lot shall be conforming.
Any structure determined by the Building Inspector 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,
and provided further that if the cost to restore any structure shall
exceed 50% of its physical replacement value, it shall be reconstructed
only as a conforming structure and used for a conforming use.