Town of Swansea, MA Article III Existing Uses Not Affected by Bylaw

§ 265-3.1 Applicability of bylaw to existing uses or previously issued permits.

Except as specifically provided herein, this 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 on an amendment which may relate to such permit. It shall apply to any change or substantial extension of such use, to any construction, reconstruction, alteration, or relocation of such building or structure and to any building or special permit if the work so authorized has not commenced within six months of issuance.

§ 265-3.2 Impact of amendments on existing uses.

[Amended 6-14-2021 ATM by Art. 46]

A building or structure lawfully erected or located prior to the publication of first notice of a public hearing for an amendment of this bylaw shall not be affected by such amendment, even though such building or structure would thereafter no longer conform to this bylaw. Such building or structure shall not be reconstructed, extended, or altered except upon issuance of a special permit, as provided in Article XIII; however, non-conforming single-or two-family residences may be constructed, extended, or altered as long as such reconstruction, extension, or alteration does not increase the non-conformance thereof. Additions extending the non-conforming aspect at a distance less than required by this bylaw shall be deemed an increase in non-conformance.

A. Whenever the reconstruction of a nonconforming single- or two-family residence increases a nonconformity, the footprint of the reconstructed building shall not be more than 50 percent greater than the footprint of the original building.

B. On a nonconforming lot, a special permit is not required in order to increase only the height of a single- or two-family residence, so long as the new height does not exceed the average height of all other single- and two-family residences within 500 feet of the lot on which the reconstructed residence will be built; provided, that the new height shall not be greater than is otherwise allowed in the zoning district.

§ 265-3.3 Discontinuation of nonconforming uses.

When the non-conforming use of any building, structure, including signs, or premises has been or shall be discontinued for a period of two years, it shall not be reestablished, and the future use thereof shall be in conformity with this bylaw.