This Zoning Ordinance 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 this Zoning
Ordinance, 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 Board of Appeals may award a special permit to change a
nonconforming use in accordance with this article only if it determines
that such change or extension shall not be substantially more detrimental
than the existing nonconforming use to the neighborhood. The following
types of changes to nonconforming uses may be considered by the Board
of Appeals:
A.
Change from one nonconforming use to another, less detrimental nonconforming
use.
[Amended eff. 8-6-2004 by Ord. No. 775]
A.
Nonconforming single- and two-family residential structures may be
reconstructed, extended, altered or structurally changed upon a determination
by the Building Commissioner that such proposed reconstruction, extension,
alteration or change does not increase the nonconforming nature of
said structure. The following circumstances shall not be deemed 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.
B.
In the event that the Building Commissioner determines that the nonconforming
nature of such structure would be increased by the proposed reconstruction,
extension, alteration or change, the Board of Appeals may, by special
permit, allow such reconstruction, 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.
The Board of Appeals may award a special permit to reconstruct,
extend, alter or change a nonconforming structure in accordance with
this article 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. The following
types of changes to nonconforming structures may be considered by
the Board of Appeals:
Except as provided in § 9.3 above, the reconstruction,
extension or structural change of a nonconforming structure in such
a manner as to increase an existing nonconformity or create a new
nonconformity, including the extension of an exterior wall at or along
the same nonconforming distance within a required yard, shall require
the issuance of a special permit from the Board of Appeals.
A nonconforming use or structure that 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 this Zoning Ordinance.
A nonconforming structure may be reconstructed after a catastrophe
or after demolition in accordance with the following provisions:
A.
Reconstruction of said premises shall commence within two years after
such catastrophe or demolition.
B.
The building(s), as reconstructed, shall be located on the same footprint
as the original nonconforming structure, shall be only as great in
volume or area as the original nonconforming structure, and shall
meet all applicable requirements for yards, setbacks and height.
C.
A special permit shall be required from the Board of Appeals prior
to such demolition in the event that the proposed reconstruction would:
No nonconforming use shall, if changed to a conforming use,
revert to a nonconforming use.
In the instance where the special permit granting authority
believes that the magnitude of the proposed use or structure is such
as to require special expertise, the SPGA may retain an outside individual
or firm to aid it in ensuring compliance with the requirements of
the Zoning Ordinance of the City of Methuen. The cost of such review
shall be borne in full by the applicant seeking the extension of the
nonconformity.
