[Amended 4-3-2010 ATM]
[Amended 9-8-2025 FTM by Art. I]
Any nonconforming building, structure or use may be continued, provided it was in existence at the passage of this by-law (March 15, 1951), or any subsequent amendments applicable to its zoning district, except as hereinafter excepted.
[Amended 4-6-2013 ATM]
A. 
Permit not required.
(1) 
A nonconforming building on a separate lot used exclusively for human habitation as a single- or two-family dwelling may be enlarged, changed or altered without a special permit, provided:
(a) 
The enlargement, change or alteration does not increase the nonconformity of said building, including the percentage of building coverage;
(b) 
There is no change in use; and
(c) 
On the adjacent lot, there is no dwelling within 10 feet of the nonconforming section or sections of the building that is being altered.
B. 
Permit required. The Zoning Board of Appeals may grant special permits to extend the time and authorize the enlargement, change or alteration of a nonconforming use or a nonconforming building, provided that:
(1) 
Such extension, enlargement, change or alteration shall not be substantially more detrimental to the neighborhood than the existing use;
(2) 
Any proposed addition within a required setback shall be no closer to the lot line than the existing nonconforming structure. This provision does not apply to one- and two-family structures, but does apply to nonresidential structures and residential buildings of more than two units.
[Amended 4-6-2013 ATM; 9-8-2025 FTM by Art. I]
A. 
In the event a nonconforming building or structure is condemned by the Town Building Inspector by reason of aged condition, structural or fire damage, or other defects; or is voluntarily razed by the property owner, other than as provided in § 400-5, it may be replaced in exactly its existing external configuration and placement on the lot, subject to the documentation requirements below.
(1) 
Condemnation by the Building Inspector applies to all structures.
(2) 
Voluntary razing applies only to one- and two-family structures and does not require condemnation procedures by the Building Inspector as defined above.
B. 
Documentation. A permit application to exactly replace a voluntarily razed or a condemned structure submitted to or initiated by Building Inspector for replacement or reconstruction without a special permit must be accompanied by a stamped plot plan, scaled elevations or scaled photographs of at least four sides of the original building made before any razing or reconstruction has occurred.
C. 
Deviations from the original architecture, size in any dimension, or change in use may be authorized by a special permit granted by the Zoning Board of Appeals, provided that any such changes are not in conflict with other provisions of this by-law. Any proposed addition to a nonresidential structure, or to a residential building of more than two units, within a required setback shall be no closer to the lot line than the existing nonconforming structure.
D. 
Time limitations for reconstruction or resumption of use are subject to the conditions defined in § 400-7, Restoration, below.
In the event that a nonconforming building, as defined in § 400-6, Condemnation and voluntary razing of buildings, above, is destroyed or damaged, it may be reconstructed and used as before said destruction or damage, provided:
A. 
Reconstruction is commenced within three years of the date of destruction or damage.
B. 
The building or structure reconstruction must be completed and the use resumed within one year thereafter in compliance with existing construction and safety codes practices.
C. 
The restored building or structure or use shall be substantially as it existed prior to the said destruction or damage.
In the event that a nonconforming building or structure shall not be used, or a nonconforming use shall not be exercised for a period of two years, the right to maintain such nonconforming building or structure or to carry on such nonconforming use shall be deemed to have been abandoned and extinguished. Thereafter, the premises shall be subject to the regulations herein applying to the zoning district in which it is located. These nonconformities are defined in § 400-4 as those in existence at the passage of the by-law or subsequent applicable amendment.
The application of this Zoning By-law to existing structures and uses is governed by MGL c. 40A, as amended, and shall not regulate the reconstruction or expansion of structures used for agriculture.