Boxford City Zoning Code
ARTICLE III
Existing Uses Continued
§ 196-5 Continuation.
The lawful existing use or uses of all buildings, improvements and premises not conforming with the requirements for the district in which they are located at the time this bylaw was adopted on October 10, 1946, or when an amendment applicable to the property was adopted, or for which a variance or exception has been permitted by the Board of Appeals, may be continued as a nonconforming use, provided that:
A.
No increase in the extent of the nonconforming use of a structure or lot may be made.
B.
Wherever a nonconforming use has been changed to a more restricted use, it shall not again be changed to a less restricted use.
§ 196-6 Change, extension or alteration.
[Amended 5-14-1986 ATM, Art. 37]
A.
(Reserved)[1]
[1]
Editor's Note: Former Subsection A, which provided that in certain circumstances the Inspector of Buildings could require a special permit, was removed at the direction of the Town.
B.
Other nonconforming structures or uses may be extended, altered or changed in use on special permit from the Board of Appeals in accordance with the provisions of Article X if the Board of Appeals finds that such extension, alteration or change will not be substantially more detrimental to the neighborhood than the existing nonconforming use.
C.
Once changed to a conforming use, no structure or use shall be permitted to revert to a nonconformancy.
§ 196-7 Restoration, reconstruction, repair.
[Amended 5-11-2004 ATM, Art. 27]
A.
Any legally nonconforming building or structure damaged by fire or other accidental or natural cause to the extent of not more than 3/4 of its value at the time of damage, as determined by the Inspector of Buildings, may be reconstructed if rebuilding is commenced within one year and completed within two years from the date of the occurrence, or else such reconstruction must comply with this bylaw. Any change or expansion in total square footage, footprint, or dimensions will require a special permit (or variance, if the proposed change or expansion does not comply with the zoning bylaws) from the Zoning Board of Appeals, upon a finding that such change or expansion will not be substantially more detrimental to the neighborhood than the existing structure.
B.
A residence in a district where residences are permitted, but on a nonconforming lot or with nonconforming yards, may be restored or repaired without change in the lot size or yards. Any change or expansion in total square footage, footprint, or dimensions will require a special permit (or variance, if the proposed change or expansion does not comply with the zoning bylaws) from the Zoning Board of Appeals, upon a finding that such change or expansion will not be substantially more detrimental to the neighborhood than the existing structure.
§ 196-8 Abandonment.
A nonconforming use which has been abandoned, or discontinued for a period of two years, shall not be reestablished, and any future use of the premises shall conform with this bylaw.
§ 196-9 Permits outstanding.
Construction or operation under a building or special permit shall conform to any subsequent amendment of this bylaw unless the use or construction is commenced within a period of six months after the issuance of the permit and in cases involving construction, unless such construction is continued through completion as continuously and expeditiously as is reasonable.