Any structure lawfully erected and existing
and any use lawfully being made of land or buildings which do not
conform to this chapter, as adopted or as amended, may be continued
to the same extent and for the same purpose but shall not be expanded
or altered, except in conformance with this chapter. This exemption
shall include buildings, structures and uses authorized by a building
or special permit issued prior to the publication of the first hearing
notice for an amendment to this chapter which would make them nonconforming,
provided that the construction or use under such a permit is commenced
within six months after the permit is issued and, in case of construction,
is continued to completion in a reasonably expeditious manner.
[Amended 4-10-2000 ATM by Art. 55; 10-7-2013 STM by Art. 9; 5-22-2021 ATM by Art. 34]
A.
Nonconforming structures or uses shall not be extended, altered, reconstructed or structural changes made except to make them conforming unless the Board of Appeals authorizes such extension, alteration, reconstruction or structural change by special permit upon making findings as provided in § 174-9E.
B.
Notwithstanding the provisions of Subsection A above, as provided in MGL c. 40A, § 6, if any proposed extension, alteration, reconstruction, or structural change to a single- or two-family residential structure complies with one of the conditions set forth in Subsection B(1) through (5) below, such extension, alteration, reconstruction or structural change shall not be considered an increase in the nonconforming nature of the structure and shall be permitted as of right.
(1)
Extension, alteration, reconstruction or structural change to a structure
which complies with all current setbacks, lot coverage and building
height requirements but is located on a lot with insufficient area
where the alteration will also comply with all of said current requirements.
(2)
Extension, alteration, reconstruction or structural change to a structure
which complies with all current setbacks, lot coverage and building
height requirements but is located on a lot with insufficient frontage
where the alteration will also comply with all of said current requirements.
(3)
Extension, alteration, reconstruction or structural change to a structure
which encroaches upon one or more required setbacks where the alteration
will comply with all current setbacks, open lot coverage and building
height requirements. The provisions of this subsection shall apply
regardless of whether the lot complies with current area and frontage
requirements.
(4)
Extension, alteration, reconstruction or structural change to the
rear, side or fascia of a structure which encroaches upon a required
yard or setback area where the alteration will not encroach upon such
area to a distance greater than the existing structure. The provisions
of this subsection shall apply regardless of whether the lot complies
with current area and frontage requirements.
(5)
Extension, alteration, reconstruction or structural change to a nonconforming
structure which will not increase the footprint of the existing structure
providing that existing height restrictions shall not be exceeded.
C.
In the event that the Building Commissioner determines that none of the exemptions set forth in Subsection B(1) through (5) apply, and the Building Commissioner determines that the nonconforming nature of such structure would be increased by the proposed extension, alteration, reconstruction or structural change, then the Board of Appeals may, by special permit, allow such extension, alteration, reconstruction or structural change where the proposed modification will not be substantially detrimental than the existing nonconforming structure to the neighborhood.
No structure damaged by fire or other causes
to the extent of more than 75% of its assessed valuation shall be
repaired or rebuilt, except in conformity with this chapter; provided,
however, that the provisions of this section shall not apply to a
dwelling or to a garage or other accessory structure incidental to
the use of such dwelling for human habitation which was in conformity
with the existing law at the time said structure was erected.
[Amended 4-14-1986 ATM by Art. 41]
A nonconforming use, including a nonaccessory
sign, if discontinued for a period of two or more years or abandoned
shall not be reestablished, and any future use of the structure or
premises shall conform to this chapter.
Once changed to a conforming use, no structure
or land shall be permitted to revert to a nonconforming use.
Structures damaged by fire or other accident or natural catastrophe to an extent of less than 75% of the assessed valuation preceding such damage may be rebuilt or restored to the same dimensions and in the same location as before the damage, but shall not be enlarged, altered or relocated except upon the issuance of a special permit as provided in § 174-19.
