6411.
Continuance of operation.
a.
Subject to the conditions hereafter set forth, any lawful use made
of any structure or land, even though not conforming to the use regulations
of the district in which located, or any nonconforming structures,
even though not conforming to the lot area, frontage, width, setback
or structure coverage, structure height, parking or other requirements
of the district in which located, lawfully in existence or lawfully
begun, or any building or special permit issued, before the first
publication of notice of the public hearing of this bylaw required
by MGL c. 40A, § 5, may be continued or used until abandoned
or not used for two years, or until the variance or special permit,
if any, authorizing such use shall expire. Once changed to a conforming
use or a conforming structure, no land or structure shall be permitted
to revert to a nonconforming use or structure.
b.
No amendment increasing the restrictions on the use of land or structures
or the lot area, frontage, width, setback or structure coverage, structure
height, parking or other requirements, adopted hereafter, shall apply
to structures or uses lawfully in existence or lawfully begun, or,
except as hereinafter provided, to any building or special permit
issued, before the first publication of notice of the public hearing
on such proposed amendment required by MGL c. 40A, § 5,
but will apply to any change or substantial extension of such use,
to a building or special permit issued after the first notice of said
public hearing, to any reconstruction, extension or structural change
of any structure and to any alteration of any 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.
6412.
Structural change, alteration or extension.
a.
Subsection 6411b notwithstanding:
(1)
A nonconforming single- or two-family residential structure
may be altered, reconstructed, extended or structurally changed if
such alteration, reconstruction, extension or structural change will
not increase the degree of nonconformity of such structure;
(2)
Nonconforming structures or land may be altered, reconstructed,
extended or structurally changed, provided that the nonconforming
structure or land is used solely for agriculture, horticulture or
floriculture.
b.
Subsection 6411b notwithstanding, a nonconforming structure or use
shall not be altered, reconstructed, extended or structurally changed
except as provided in Subsection 6412a without a special permit from
the Board of Appeals, provided that said Board finds that such alteration,
reconstruction, extension or structural change is not substantially
more detrimental to the neighborhood than the existing nonconforming
structure or use. Within defined water resource protection districts,
no special permit shall be granted for any alteration, reconstruction,
extension or structural change for a nonconforming structure or use
without a specific finding by the Board of Appeals that the granting
of such special permit will comply with the provisions of Subsections
6312 and 6313 of this bylaw. It shall be the responsibility of the
applicant proposing said alteration, reconstruction, extension or
change to demonstrate to the Board of Appeals that the granting of
such special permit will comply with Subsection 6312 of this bylaw.
6413.
Restoration. Reconstruction of a legally nonconforming structure
damaged or destroyed by fire or other accidental or natural cause
is allowed if in substantially the form it had at the time of damage
or destruction or in any form if within applicable setback requirements
and not larger than previously, and if reconstruction is started within
12 months and completed within 24 months of the damage or destruction.
6414.
Abandonment. The discontinuance of any nonconforming use of
any land or of any nonconforming structure for more than two years
shall be deemed to constitute an abandonment; provided that this paragraph
shall not apply to the discontinuance or nonuse of any lawful nonconforming
land used for agriculture, horticulture or floriculture where such
nonuse has existed for fewer than five years.
Nothing contained in this bylaw shall be construed as repealing
or modifying any existing bylaw of the Town, provided that where this
bylaw makes greater restrictions upon buildings than are imposed by
other bylaws, such greater restrictions shall prevail.
