The 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 the 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 Zoning Board of Appeals may award a special permit 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.
5.2.1. Permissible Changes. The following
types of changes to nonconforming uses may be considered by the Zoning
Board of Appeals:
1.
Change or substantial extension of the use;
2.
Change from one nonconforming use to another, less detrimental,
nonconforming use.
The Zoning Board of Appeals may award a special permit 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.
5.3.1. Permissible Changes. The following
types of changes to nonconforming structures may be considered by
the Zoning Board of Appeals:
1.
Reconstructed, extended or structurally changed;
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 below in Nonconforming Single- and Two-Family
Residential Structures, governing single- and two-family homes, the 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; the extension of an exterior
wall at or along the same nonconforming distance within a required
yard shall also require the issuance of a variance from the Zoning
Board of Appeals.
Nonconforming single- and two-family residential structures
may be extended, altered, or structurally changed upon a determination
by the Building Commissioner that such proposed reconstruction, extension,
alteration, or change does not increase the gross floor area of said
structure by more than 100% and that one of the following circumstances
shall apply, in which case the proposed extension, alteration, or
change shall be deemed not to increase the nonconforming nature of
said structure:
1. Alteration to a structure located on a lot with insufficient area
which complies with all current setback, yard, building coverage,
and building height requirements;
2. Alteration to a structure located on a lot with insufficient frontage
which complies with all current setback, yard, building coverage,
and building height requirements;
3. 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.
If the Building Commissioner determines that proposed alteration,
extension or change exceeds one or more of the criteria set forth
above, the Zoning Board of Appeals may, by special permit, allow such
alteration, extension or change where it determines that the proposed
modification will not be substantially more detrimental than the existing
nonconforming structure to the neighborhood.
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 the bylaw.
For the purposes of this subsection only, the term "reconstruction"
shall mean the voluntary demolition of such structure, or reconstruction
after a catastrophe, and its rebuilding. Any nonconforming structure,
other than a nonconforming single- or two-family dwelling governed
by the Nonconforming Single- and Two-Family Residential Structures
section, may be reconstructed after a catastrophe or after demolition
in accordance with the following provisions.
5.7.1. Procedures.
1.
Reconstruction of said premises shall commence within two years
after such catastrophe or demolition.
2.
Buildings reconstructed as of right shall be located on the
same footprint as the original nonconforming structure and shall be
only as great in volume or area as the original nonconforming structure.
3.
In the event that the proposed reconstruction would (a) cause
the structure to exceed the volume or area of the original nonconforming
structure or (b) cause the structure to be located other than on the
original footprint, a special permit shall be required. In the case
of voluntary demolition, the special permit shall be obtained from
the Zoning Board of Appeals prior to such demolition.
No nonconforming use shall, if changed to a conforming use,
revert to a nonconforming use.
When a prior lawful nonconforming structure is located on a
lot which does not meet current dimensional requirements, such lot
shall not be changed, unless the change does not result in exacerbation
of an existing nonconformity or a new nonconformity.
When a lot is changed by eminent domain so as to become deficient
in area, frontage, building setback, or lot coverage, any structure
located thereupon shall be considered a nonconforming structure subject
to the rules of this Nonconforming Uses and Structures section.