This zoning chapter 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 G.L. c. 40A, § 5 at which this zoning chapter, 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, or unless authorized hereunder.
(C.O. 96-17 § 39 (part))
A. 
Upon the issuance of a special permit from the city council, nonconforming uses may be modified as follows:
1. 
Change or substantial extension of the use;
2. 
Change from one nonconforming use to another, less detrimental, nonconforming use.
B. 
The city council may award a special permit only if it determines that such change or extension shall not be substantially more detrimental than the existing nonconforming use to the neighborhood.
(C.O. 96-17 § 39 (part))
A. 
Upon the issuance of a special permit from the city council, nonconforming structures may be modified as follows:
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.
B. 
The city council may award a special permit 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 reconstruction, extension, alteration or change of a nonconforming structure, as set forth herein, shall include any increase of an existing nonconformity, or the creation of a new nonconformity and shall require only the award of a special permit as authorized under this section.
(C.O. 96-17 § 39 (part); C.O. 07-19 § 4; C.O. 26-032, 4/13/2026)
Note: § 17.40.040, Modification of nonconforming single- and two-family residential structures, adopted by C.O. 96-17, was repealed by C.O. 26-032, 4/13/2026.
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 chapter.
(C.O. 96-17 § 39 (part))
Nonconforming lots shall not be further reduced in size except through the exercise of eminent domain after the date from which this title derives.
(C.O. 96-17 § 39 (part))