Any nonconforming building, structure, or use, as defined herein,
which lawfully existed at the time of passage of the applicable provision
of this or any prior bylaw or any amendment thereto may be continued,
subject to the provisions of this bylaw. Any lawfully nonconforming
building or structure and any lawfully nonconforming use of building
or land may be continued in the same kind and manner and to the same
extent as at the time it became lawfully nonconforming, but such building
or use shall not at any time be changed, extended or enlarged except
for a purpose permitted in the zoning district in which such building
or use is situated, or except as may be permitted by a special permit
or otherwise by the North Andover Board of Appeals. Preexisting nonconforming
structures or uses, however, 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 use to the neighborhood. When a preexisting
structure has been made nonconforming due to changes in the lot size
required by this bylaw, such structure may be extended or altered
based on a finding by the Zoning Enforcement Officer that such structure
after the change meets all current zoning requirements except for
lot size.
A use or structure housing a use which does not conform to the
regulations of this bylaw but which did conform to all applicable
regulations when initially established shall not be changed, extended
or enlarged except in accordance with the following provisions:
A.
Such change shall be approved by a special permit or otherwise by
the Board of Appeals.
B.
Such change shall be permitted only upon the same lot occupied by
the nonconforming use on the date that it became nonconforming.
C.
Any increase in volume, area, or extent of the nonconforming use
shall not exceed an aggregate of more than 25% of the original use.
D.
No change shall be permitted which tends to lengthen the economic
life of the nonconforming longer than a period reasonable for the
amortization of the initial investment.
A.
Preexisting nonconforming single-family structures. Preexisting nonconforming
single-family residential structures in the R-1, R-2, R-3, R-4 and
R-6 Districts may be changed, extended or altered, provided that there
is a finding by the Zoning Enforcement Officer (Building Commissioner)
that such change, extension, or alteration shall not render the structure
more nonconforming than the existing structure. Upon such determination,
a building permit may be issued where applicable. The following circumstances
shall be deemed not to increase the nonconforming nature of said structure:
(1)
Alteration of a structure which complies with all current yard
setbacks, building coverage, and building height requirements but
is located on a lot with insufficient area, where the structure after
alteration will comply with all current bylaw requirements except
for lot area.
(2)
Alteration to a structure which complies with all current yard
setbacks, building coverage, and building height requirements but
is located on a lot with insufficient frontage, where the structure
after alteration will comply with all current bylaw requirements except
for frontage.
(3)
Alteration to a structure which encroaches upon one or more
required yard setbacks, where the structure after alteration will
comply with all current bylaw requirements except for yard setbacks.
(The provisions of this clause shall apply regardless of whether the
lot complies with current area and frontage requirements.)
(4)
Alteration of a structure which encroaches upon one or more
required yard setbacks, where the altered part of the structure will
comply with all current yard setbacks, or the alteration is to the
side or face of the structure which encroaches upon a required yard
setback and the alteration does not further encroach upon the required
yard setback. In either case, the altered structure must comply with
current building coverage and building height requirements. (The provisions
of this clause shall apply regardless of whether the lot complies
with current area and frontage requirements.)
(5)
Alteration to a nonconforming structure which will not increase
the footprint of the existing structure, provided that existing height
restrictions shall not be exceeded. In the event that the Zoning Enforcement
Officer (Building Commissioner) determines that the nonconforming
nature of such structure would be increased by the proposed extension,
alteration, or change, the Zoning Board of Appeals may, by special
permit, allow such 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.
Any nonconforming building or structure destroyed or damaged
by fire, flood, lightning, earthquake or wind to the extent of 65%
or more of its reproduction cost at the time of such damage shall
not be rebuilt, repaired, reconstructed or altered except for a purpose
permitted in the zoning district in which such building is located,
or except as may be permitted by a special permit or otherwise by
the Board of Appeals acting under MGL Chapter 40A.
If any lawfully nonconforming building or use of a building
or land is at any time discontinued for a period of two years or more,
or if such use or building is changed to one conforming with the North
Andover Zoning Bylaw in the district in which it is located, it shall
thereafter continue to conform.
