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Brockton City Zoning Code

ARTICLE VI

NONCONFORMING USES

Sec. 27-39.- In general.

Any lawfully permitted use in existence in any building or on any premises at the time of the passage of this chapter [December 28, 1967] may be continued in the same building or the same part thereof or on the same premises, although not conforming to the use regulations of the district in which such building or premises is located. Such nonconforming use may be enlarged, altered or reconstructed provided that such enlargement, alteration or construction shall not during its life exceed fifty (50) percent of the structure's original square footage and also that no such extension, alteration or reconstruction shall be permitted unless there is a finding by the zoning board of appeals that such extension, alteration or reconstruction shall not be substantially more detrimental than the existing nonconforming use to the neighborhood.

If certain nonpermitted nonconforming uses are in existence at the time of passage of this chapter [December 28, 1967], they shall continue to have the status of illegal nonconforming uses unless under the provisions of this chapter they have become conforming uses.

(Code 1965, § 27-39; Ord. No. D37, 7-24-78)

Sec. 27-40. - Nonconforming building destroyed or damaged.

Where a nonconforming building is destroyed or damaged to such an extent that sixty (60) percent or more of the existing floor area of the nonconforming use or volume is destroyed by fire or other casualty or act of God, it shall not be restored or reconstructed unless the building and all its uses shall be made to conform to the use regulations of the district in which the building is located, unless the board of appeals grants permission to restore or reconstruct the building, and to continue any nonconforming use therein in accordance with procedure provided in article VII of this chapter.

(Code 1965, § 27-40)

Sec. 27-41. - Abandonment of nonconforming uses.

The abandonment of a nonconforming use of a building or premises for a period of two (2) years or more shall cause such building or premises to conform to the use regulations of the district in which such building or premises are located, unless the board of appeals grants permission provided in article VII of this chapter.

If a building is not utilized for its specific use for a period of two (2) years, it shall be deemed abandoned.

(Code 1965, § 27-41)

Sec. 27-42. - Unsafe structures.

Any nonconforming structure or portion thereof declared unsafe by proper authority may be restored to a safe condition, provided that such restoration cost does not exceed one hundred (100) percent of the assessed value of the structure.

(Code 1965, § 27-42)

Sec. 27-43. - Changing to conforming use or same or more restrictive classification.

Once changed to a conforming use, no building or land shall be permitted to revert to a nonconforming use. A nonconforming use may be changed to a use of the same or more restrictive classification, and such use thereafter shall not be changed to a lower classification.

1.

A nonconforming use or structure shall not be changed into another nonconforming use which is permitted in a less restrictive district.

2.

A nonconforming use may be changed into a conforming use.

3.

A nonconforming use which is not permitted in any district may only be changed to a conforming use.

4.

When a nonconforming use shall be changed in accordance with the provisions hereof, the use of the building or other structure shall not thereafter be changed again except in accordance with these regulations.

(Code 1965, § 27-43)

Sec. 27-44. - Displacement.

No nonconforming use shall be extended to displace a conforming use.

(Code 1965, § 27-44)

Sec. 27-45. - Changes in district boundaries.

Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another district of a different classification, the foregoing provisions shall also apply to any nonconforming use existing therein.

(Code 1965, § 27-45)