Except as herein after provided, this bylaw shall not apply
to structures or uses lawfully in existence or lawfully begun, or
to a building permit or special permit issued before the first publication
of notice of the public hearing on this bylaw or any amendments thereto,
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.
Construction or operations under a building permit or special
permit shall conform to any subsequent amendments to this bylaw, 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 Zoning Board of Appeals may award 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 Zoning Board of Appeals:
1. Change or substantial extension of the use.
2. Change from one nonconforming use to another, not substantially more
detrimental nonconforming use. When a special permit is granted under
this subsection, no use variance shall be required with regard to
use or dimensional aspects of the application.
The Zoning Board of Appeals may award 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 Zoning Board of Appeals:
1. Reconstructed, extended or structurally changed.
2. Altered to provide for a substantially different purpose or for the
same purpose in a substantially different manner or to a substantially
greater extent.
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, shall require the issuance of a variance; the extension
of an exterior wall at or along the same nonconforming distance within
a required yard shall also require the issuance of a variance from
the Zoning Board of Appeals.
Nonconforming single- and two-family residential structures
may be extended, altered, or structurally changed upon a determination
by the Inspector of Buildings that such proposed reconstruction, extension,
alteration, or change does not increase the nonconforming nature of
said structure, and that such reconstruction, extension, alteration
or change does not increase the gross floor area of the structure
by more than 100%.
The following circumstances shall not be deemed to increase
the nonconforming nature of said structure and a building permit may
be issued:
1. Insufficient area. 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. Insufficient frontage. 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. Encroachment. 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 not result
in any increase in building height in the area of encroachment.
If the Inspector of Buildings determines that proposed alteration,
extension or change exceeds one or more of the criteria set forth
above, the Zoning Board of Appeals may, by special permit, allow such
alteration, extension or change where it determines that the proposed
modification will not be substantially more detrimental than the existing
nonconforming structure to the neighborhood. In the case of voluntary
demolition of a single- or two-family structure, reconstruction thereafter
shall be governed by Section 5.7.
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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 bylaw; provided, however,
that by special permit the Zoning Board of Appeals may reestablish
a nonconforming use or structure otherwise abandoned or not used upon
a finding that such reestablishment shall not result in substantial
detriment to the neighborhood.
Any nonconforming structure, including a nonconforming single
or two-family dwelling governed by § 5.5, may be reconstructed
after a catastrophe or after voluntary demolition in accordance with
the following provisions.
1. Reconstruction of said premises shall commence within two years after
such catastrophe or demolition.
2. Building(s) may be reconstructed as of right if the reconstructed
building is located on the same footprint as the original nonconforming
structure and will have no increase in gross floor area when compared
to the original nonconforming structure.
3. Buildings may be reconstructed by special permit when 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. The special permit granting
authority shall be the Zoning Board of Appeals. Such special permit
shall be obtained prior to 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 an increase
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.