Avon City Zoning Code
ARTICLE IX
Nonconforming Uses, Structures and Lots
§ 255-9.1 Applicability.
The provisions of this article apply to nonconforming uses, structure and lots as created by the initial enactment of this bylaw or by any subsequent amendment.
§ 255-9.2 Extension and alteration.
Any lawful use of any structure or land or both may be continued although not conforming with the provisions of this bylaw, but no such lawfully nonconforming use shall be changed, intensified, extended or enlarged in any manner except with the approval of the Board of Appeals. 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 that such change, extension or alteration shall not be substantially more detrimental than the existing nonconforming structure or use to the neighborhood. This section shall not apply to billboards, signs or other advertising devices, subject to the provisions of MGL c. 93, §§ 29 through 33.
§ 255-9.3 Abandonment.
A preexisting nonconforming structure or use which is abandoned or not used for a period of two years or more shall be deemed to have been abandoned, and thereafter such nonconforming structure or lot may only be developed or used in accordance with the applicable provisions of this bylaw.
§ 255-9.4 Repair or restoration.
No building or other structure which has been damaged or destroyed by fire, or by other natural or accidental cause, to the extent of 75% or more of its replacement cost shall be repaired or rebuilt except in conformity with the applicable provisions of the bylaw.
§ 255-9.5 Reduction or increase.
A.
Any nonconforming lot or open space on the lot (yards, setbacks, courts, or building area), if already smaller or greater, as the case may be, than that required, shall not be further reduced or increased so as to be in greater nonconformity.
B.
Any off-street parking or loading spaces, if already equal to or less than the number required to serve their intended use, shall not be further reduced in number.
§ 255-9.6 Change.
A.
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 that such change, extension or alteration shall not be substantially more detrimental than the existing nonconforming structure or use to the neighborhood.
B.
Any change, extension, alteration, or reconstruction to a preexisting, nonconforming single- or two-family residential structure shall not be considered an increase in the nonconforming nature of the structure and shall be permitted by right under the following circumstances:
(1)
For the normal repair or replacement of parts of said structure;
(2)
When the change, extension, alteration, or reconstruction will comply with all applicable sections of the zoning bylaws, in effect, at the time of this application for a building permit and the structure is located on a lot which is nonconforming as a result of a previous zoning change.
(3)
When the change, extension, alteration, or reconstruction will comply with all applicable sections of the zoning bylaws, in effect, at the time of this application for a building permit, including, but not limited to, setbacks, yard and building coverage, and height requirements.
§ 255-9.7 Moving of structures.
Any nonconforming structure shall not be removed to any other location on the lot or any other lot unless every portion of such structure, the use thereof, and the lot shall be conforming.
§ 255-9.8 Unsafe structures.
Any structure determined to be unsafe may be restored to a safe condition. Such work on any nonconforming structure shall not place it in greater nonconformity.