The provisions of this article apply to nonconforming uses,
structures, and lots as created by the initial enactment of this bylaw
or by any subsequent amendment.
Any lot lawfully laid out by deed duly recorded, or any lot
shown on a recorded plan endorsed by the Planning Board pursuant to
MGL c. 41, § 81P or 81U, which complies at the time of such
recording with the minimum area, frontage, width, and depth requirements,
if any, of the zoning bylaws then in effect, may be built upon for
residential use provided it has a minimum area of 5,000 square feet
with frontage of at least 50 feet and is otherwise in accordance with
the provisions of Section 6 of the Zoning Enabling Act.
[Amended 4-24-2017 ATM
by Art. 17]
A. Any nonconforming lot shall not be changed in any way that would reduce any dimensional requirements in §
305-6.02, Table of Dimensional and Density Regulations.
B. Any required open space shall not be reduced as to make it nonconforming.
C. No building area or floor already nonconforming shall be changed
so as to be in greater nonconformity.
Any nonconforming use of a structure or lot which has been abandoned for a continuous period of two years or more shall not be used again except for conforming use. For agricultural, horticultural, or floricultural uses, the abandonment period shall be five years. For purposes of this section, the abandonment period shall not be broken by temporary occupancy except when such temporary occupancy is for a period of 90 consecutive days. The abandonment of the use of a lot where such use was for removal of soil, loam, sand, gravel, quarry or other earth materials shall be governed by §
305-11.02.
Any nonconforming structure shall not be removed to any other
location on the lot or any other lot unless every portion of the structure,
the use thereof, and the lot shall be conforming. Nonconforming historical
structures may be moved by special exception of the Board.
Any structure determined to be unsafe and not subject to §
305-9.06 may be restored to a safe condition provided such work on any nonconforming structure shall not place it in greater nonconformity, and provided further, except for historic buildings, 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 only for a conforming use.
Any sign which is nonconforming at the date of adoption of this
bylaw by reason of its size, type, or lighting shall be altered so
as to become conforming within five years of the date of adoption
of this bylaw or shall be removed within five years.