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 chapter,
or any relevant part thereof, was adopted, but shall apply to any
change or substantial extension of such use, to a building permit
or special permit issued after the first notice or said public hearing,
to any reconstruction, extension or structural change of such structure
and to any alteration of a structure begun after the first notice
of said public hearing to provide for its use in a substantially different
purpose or for the same purpose in a substantially different manner
or to a substantially greater extent except where alteration, reconstruction,
extension or a structural change to a single- or two-family residential
structure does not increase the nonconforming nature of said structure.
Such prior, lawfully existing nonconforming uses and structures may
continue, provided that no modification of the use or structure is
accomplished, unless authorized hereunder.
Construction or operations under a building permit or special
permit shall conform to any subsequent amendments to this chapter
unless the use or construction is commenced within a period of not
more than 12 months after the issuance of the permit and in any case
involving construction, unless such construction is continued through
to completion as continuously and expeditiously as is reasonable.
The Board of Appeals may grant 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.
The following types of changes to nonconforming uses may be
considered by the Board of Appeals:
The Board of Appeals may grant 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.
The following types of changes to nonconforming structures may
be considered by the Board of Appeals:
Except as provided in § 5.5, below, 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 variance from the Board of Appeals.
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 as long
as such addition does not increase the habitable floor area of the
original structure by more than 100%.
Alteration to a structure located on a lot with insufficient
area which complies with all current setback, yard, building coverage,
and building height requirements.
Alteration to a structure located on a lot with insufficient
frontage which complies with all current setback, yard, building coverage,
and building height requirements.
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.
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.
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 this zoning by-law; provided,
however, that such use or structure may be restored to its protected
status by special permit from the City Council.
Any nonconforming structure may be reconstructed after a catastrophe
or after demolition in accordance with the following provisions:
Reconstruction of said premises shall commence within two years
after such catastrophe or demolition.
Building(s) as reconstructed shall be located on the same footprint
as the original nonconforming structure, and shall be only as great
in gross floor area as the original nonconforming structure.
In the event that the proposed reconstruction would (a) cause
the structure to exceed the gross floor 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 from the 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 section 5.0.
