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
structures (excluding single-and two-family residential 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)
Nonconforming single-and two-family residential structures may
be reconstructed, extended, altered or structurally changed: (a) upon
a determination by the building inspector that such proposed reconstruction,
extension, alteration or change does not increase the nonconforming
nature of said structure; and (b) the issuance of a building permit,
where applicable. In the event that the building inspector 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.
(C.O. 96-17 § 39 (part))
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))
No nonconforming use shall, if changed to a conforming use,
revert back to a nonconforming use.
(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))