[Ord. No. 3121, 4-18-2016]
A. In order to avoid individual hardship wherever reasonable and not
in conflict with the general welfare of the City of Malden and for
purposes herein outlined, the following provisions shall apply to
all zoning districts.
B. Non-Conforming Uses Permitted. Except as specified in this Chapter,
the lawful use of any building or land existing at the time of the
enactment of this Chapter (April 18, 2016), may be continued, although
such use does not conform to the provisions of this Chapter.
C. Unsafe Structures. Any structure or portion thereof declared unsafe
by a proper authority may be restored to a safe condition.
D. Construction Approved Prior To Ordinance. Nothing contained in this
Chapter shall require any change in plans, construction or designed
use of a building for which a building permit has been heretofore
issued and the construction of which has begun.
E. Restoration. No building damaged by fire or other causes to the extent
of more than fifty percent (50%) of its reasonable value shall be
repaired or rebuilt except in conformity with the regulations of this
Chapter.
F. Abandonment. Whenever a non-conforming use, excepting neighborhood
grocery stores, has been discontinued for any reason, such use shall
not thereafter be re-established, and any future use shall be in conformity
with the provisions of this Chapter.
G. Changes In Use. No non-conforming use may be changed to another non-conforming
use. Once changed to a conforming use, no building or land shall be
permitted to revert to a non-conforming use.
H. Enlargement Of Non-Conforming Use. No non-conforming use shall be
enlarged or extended in any way.
I. District Changes. The foregoing provisions shall also apply to non-conforming
uses in districts hereafter changed.