Any use which is made a nonconforming use by this chapter or any subsequent
amendments thereto may be continued except as hereinafter provided.
Once a nonconforming use is changed to a conforming use or to a more-restricted
use, such use thereafter shall not revert to a nonconforming or less-restricted
use.
Unless otherwise provided in this Article, a nonconforming use shall
not be enlarged or extended, except that in any C or M District any nonconforming
use within a building may be enlarged to an extent not exceeding 25% in the
aggregate, of the gross floor area devoted to such nonconforming use. In no
case shall enlargement extend beyond the lot occupied by such nonconforming
use or violate any height, yard, parking area or other open space requirement
of this chapter. When the total of all enlargements equals 25% of the gross
floor area existing at the time such use became a nonconforming use, no further
enlargements shall be permitted.
Unless granted a variance by the Zoning Board of Appeals, no building
or structure containing a nonconforming use which has been damaged by fire
or other causes to the extent of 50% or more of its equalized assessed value,
as determined by the Town Assessor of the Town of Boston, shall be rebuilt
or repaired, except in conformance with the regulations of this chapter. In
such reconstruction, neither the floor area nor the cubical content of a nonconforming
use shall be increased from the floor area or cubical content of the nonconforming
use prior to the time of damage.
In any district, whenever a nonconforming use of land, premises, building
or structure has been discontinued for a period of one year, such nonconforming
use shall not thereafter be reestablished, and all future use shall be in
conformity with the provisions of this chapter. Such discontinuance of the
active and continuous operation of such nonconforming use, for such period
of one year, is hereby construed and considered to be an abandonment of such
nonconforming use, regardless of any reservation of an intent not to abandon
the same or of an intent to resume active operation. If actual abandonment
in fact is evidenced by the removal of buildings, structures, machinery, equipment
and other evidence of such nonconforming use of the land and premises, the
abandonment shall be construed and considered to be completed within a period
of less than one year, and all rights to reestablish or continue such nonconforming
use shall thereupon terminate. The provisions of this section shall not apply
to agricultural lands participating in federal or state agricultural programs,
nor shall they be construed to interfere with normal agricultural practices
of crop rotation.