The provisions of this article apply in all districts. The Planning
Board is the designated special permit granting authority under this
article for the VB District, and the Zoning Board of Appeals is the
designated special permit granting authority under this article for
all other districts.
The special permit granting authority may grant a special permit
to allow a lawfully existing nonconforming use to be expanded, or
to be changed to another use not substantially different in character
on in its effect on the neighborhood, provided that the special permit
granting authority finds that the new or expanded use will not be
substantially more detrimental to the neighborhood than the existing
nonconforming use.
A lot in the R-A, R-B, or R-C District, having less than the minimum area, width, depth, and/or frontage requirements specified under Article
5, may be built upon and used for a single-family dwelling use (subject to compliance with all other applicable requirements of this Zoning Bylaw) if:
A. The lot is exempted from such requirements by MGL c. 40A, § 6;
or
B. The lot is shown on a definitive subdivision plan that was approved
and endorsed by the Planning Board prior to June 30, 2023, and conformed
with the area, width, and frontage requirements of the Zoning Bylaw
applicable to construction of a building on said lot at the time of
such approval; or
C. The lot:
(1)
Was lawfully laid out by a plan or deed recorded in the Norfolk
Registry of Deeds, or registered in the Registry District of the Land
Court, on or before the effective date of the dimensional requirement(s)
in question, but no later than June 30, 2023.
(2)
Conformed with the area, width, and frontage requirements of
the Zoning Bylaw, if any, applicable to the construction of a building
on the lot at the time of such registration or recording; and
(3)
Was, on the effective date of the dimensional requirement(s)
in question, either held in ownership separate from that of any adjoining
land or had an area of not less than 9,000 square feet in the R-A
District, 15,000 square feet in the R-B District, or 20,000 square
feet in the R-C District.
Once abandoned, a nonconforming use or structure may not be
revived or resumed.
A. A nonconforming use will be deemed abandoned upon its replacement
with a conforming use.
B. Discontinuance of a nonconforming residential use for more than three
years, or discontinuance of any other nonconforming use for more than
two years, will be deemed abandonment. Abandonment of a use by discontinuance
occurs if (1) there is a removal of characteristic equipment or furnishings
associated with the nonconforming use, without replacement by similar
equipment or furnishings within the applicable two- or three-year
period; or (2) the nonconforming use ceases to operate on the premises
for the applicable period.
C. A nonconforming structure that has been left vacant and unmaintained
for more than two years will be deemed abandoned and may not thereafter
be altered or used until brought into compliance with the regulations
applicable to the district in which it is located. The special permit
granting authority may extend the two-year limit if it determines
that extraordinary circumstances have prevented the use and maintenance
of the nonconforming structure despite good faith efforts of the property
owner.
D. A nonconforming structure will be deemed abandoned upon its replacement
with a conforming structure.