[Amended 5-4-1974 ATM, Art. 27 (Amdt. No. 46A); 5-2-1977 ATM, Art. 13
(Amdt. No. 50)]
A.
This chapter shall not apply to:
(1)
Structures or uses lawfully in existence or lawfully
begun before the first publication of notice of the public hearing
on this chapter, hereinafter referred to as the "first publication"
or "first notice," which date in Georgetown as to the original Zoning
Bylaw was June 1, 1954.
(2)
A building permit or special permit issued before
said first publication.
The Boards, in granting special permits and variances, shall ensure that any change or extension of a use, reconstruction, extension or structural change of a structure or any such alteration of a structure as provided above in § 165-87B and C is readily apparent and shall make such information available to the Building Inspector. The Board of Appeals shall annually as of June 1 list which special permits and variances appear to be still in use, which appear to have ceased use during the previous year and which appear to have become invalid by reason of nonuse for two years. This shall be a public record and a copy shall be sent annually to the Selectmen and Building Inspector.
However, this chapter shall not apply where
alteration, reconstruction, extension or structural change to a single-
or two-family residential structure does not increase the nonconforming
nature of said structure, provided that no such extension or alteration
shall be permitted unless there is a finding by the Board of Appeals
that such change, extension or alteration shall not be substantially
more detrimental than the existing nonconforming use to the neighborhood.
The foregoing provisions of § 165-87 relating to nonconforming uses and structures shall not apply to billboards, signs and other advertising devices subject to the provisions of MGL c. 93, §§ 29 through 33, inclusive, and MGL c. 93D.
A lawful nonconforming use shall not be reestablished
after being abandoned, but the use of a lawful nonconforming building
or structure or premises may be reestablished after not more than
two years of continuous nonuse without intent to abandon.
Nothing in this chapter shall be deemed to prohibit
or unreasonably regulate the expansion or reconstruction of existing
structures thereon for the primary purpose of agriculture, horticulture
or floriculture in parcels of more than five acres. For such purpose,
land divided by a public or private way or a waterway shall be construed
as one parcel.
Construction or operations under a building
permit or special permit shall conform to any subsequent amendments
of this chapter unless the use or construction is commenced within
a period of not more than six months after the issuance of the permit,
and, in cases involving construction, unless such construction is
continued through to completion as continuously and expeditiously
as is reasonable.
[Amended 5-2-2005 ATM, Art 24 (Amdt. No. 152)]
Preexisting nonconforming structures or uses
may be extended or altered, provided that no such extension or alteration
shall be permitted unless there is a finding by the Board of Appeals
in granting a special permit that such change, extension or alteration
shall not be substantially more detrimental than the existing nonconforming
use to the neighborhood. A special permit shall not be required when
alteration, reconstruction, extension or structural change to a single
or two family residential structure does not increase the non-conforming
nature of said structure.
