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 required by MGL c. 40A, §
5 at which this zoning bylaw, or any relevant part thereof, was adopted. Such prior, lawfully existing nonconforming uses and structures may continue, provided that no modification of the use or structure is accomplished, unless authorized hereunder.
The Board of Appeals may award a special permit pursuant to
Section 10.4 to change a nonconforming use in accordance with this
section only if it determines that such change or extension shall
not be substantially more detrimental than the existing nonconforming
use to the neighborhood. The following types of changes to nonconforming
uses may be considered by the Board of Appeals:
5.2.1.
Change or substantial extension of the use.
5.2.2.
Change from one nonconforming use to another, less detrimental,
nonconforming use.
The Board of Appeals may award a special permit pursuant to
Section 10.4 to reconstruct, extend, alter, or change a nonconforming
structure in accordance with this section only if it determines that
such reconstruction, extension, alteration, or change shall not be
substantially more detrimental than the existing nonconforming structure
to the neighborhood. The following types of changes to nonconforming
structures may be considered by the Board of Appeals:
5.3.1.
Reconstructed, extended or structurally changed.
5.3.2.
Altered to provide for a substantially different purpose or
for the same purpose in a substantially different manner or to a substantially
greater extent.
Except as provided in Section 5.5, below, the reconstruction,
extension or structural change of a nonconforming structure in such
a manner as to increase an existing nonconformity, or create a new
nonconformity, shall require the issuance of a variance from the Board
of Appeals; provided, however, the extension of an exterior wall at
or along the same nonconforming distance within a required yard shall
require the issuance of a special permit from the Board of Appeals.
Nonconforming single- and two-family residential structures
may be reconstructed, extended, altered, or structurally changed upon
a determination by the Inspector of Buildings that such proposed reconstruction,
extension, alteration, or change does not increase the nonconforming
nature of said structure and provided that the gross floor area of
the nonconforming structure is not increased by more than 25%. For
the purposes of this subsection only, the term "reconstruction" shall
mean the renovation of a portion of a preexisting structure rather
than demolition and replacement thereof.
The following circumstances shall not be deemed to increase
the nonconforming nature of said structure:
5.5.1.
Insufficient area. Alteration to a structure located on a lot
with insufficient area which complies with all current setback, yard,
building coverage, and building height requirements.
5.5.2.
Insufficient frontage. Alteration to a structure located on
a lot with insufficient frontage which complies with all current setback,
yard, building coverage, and building height requirements.
5.5.3.
Other encroachment. Alteration to a structure which encroaches
upon one or more required yard or setback areas, where the alteration
will comply with all current setback, yard, building coverage and
building height requirements.
5.5.4.
Exceptions do not apply. In the event that the Inspector of
Buildings determines that the above exceptions do not apply, the Board
of Appeals may by special permit pursuant to Section 10.4 allow such
reconstruction, extension, alteration, or change where it determines
that the proposed modification will not be substantially more detrimental
than the existing nonconforming structure to the neighborhood. For
the purposes of this subsection, the term "reconstruction" shall not
mean the total demolition and rebuilding of the premises, which is
governed by Section 5.7, below.
A nonconforming use or structure which has been abandoned, or
not used for a period of two years, shall lose its protected status
and be subject to all of the provisions of this zoning bylaw; provided,
however, that the Board of Appeals, by the grant of a special permit,
may authorize the reestablishment of a nonconforming use or structure
where such reestablishment shall not result in substantial detriment
to the neighborhood.
A nonconforming structure may be reconstructed after a catastrophe
or after voluntary demolition in accordance with the following provisions.
For the purposes of this subsection, the term "reconstruction" shall
mean the rebuilding after catastrophe or the rebuilding after demolition
of the building.
5.7.1.
Reconstruction of said premises shall commence within two years
after such catastrophe or demolition.
5.7.2.
Building(s) may be reconstructed by right if located within
the same footprint as the original nonconforming structure, and if
they do not exceed the gross floor area of the original nonconforming
structure.
5.7.3.
In the event that the proposed reconstruction would (a) cause
the structure to exceed the gross floor area of the original nonconforming
structure or (b) cause the structure to be located other than on the
original footprint, a special permit pursuant to Section 10.4 shall
be required from the Board of Appeals prior to such demolition.
No nonconforming use shall, if changed to a conforming use,
revert to a nonconforming use.