Brookline City Zoning Code
ARTICLE VIII
NONCONFORMANCE
§ 8.01 CONTINUANCE
Any nonconforming building, structure or use which lawfully existed at the time of passage of the applicable provision of this or any prior By-law or any amendment thereto may be continued subject to the provisions of this Article or may be changed to be conforming, but when so changed to be conforming it shall not be made nonconforming again.
§ 8.02 ALTERATION OR EXTENSION
1.
A use, or structure housing a use, which does not conform to the use regulations of Article IV or Article XI, but which did conform to all applicable regulations when initially established shall not be altered, reconstructed, or enlarged and no building permit shall be granted therefore except in accordance with the following provisions; and provided that if the use or structure also falls under paragraph 2. of this Section, any change shall be subject to the provisions of that paragraph:
a.
Such change shall be approved by the Board of Appeals by special permit under the provisions of Article IX.
b.
Such change to a nonconforming use shall be permitted only upon the same lot or upon an adjoining lot that was owned by the owner of the lot occupied by the nonconforming use on the date that it became nonconforming.
c.
Any increase in volume, area, or extent of the nonconforming use shall not exceed an aggregate of more than 25 percent during the life of the nonconformity.
d.
No change shall be permitted which tends to lengthen the economic life of the nonconformity longer than a period reasonable for such amortization of the initial investment as to make possible the elimination of the nonconformity without undue hardship.
e.
Uses not allowed in the Harvard Street Main Street Corridor districts (H-MS, H-MS-O, H-MST, H-MSN) may not be altered or expanded.
f.
A Significant Building, as defined in Town By-Law Article 5.3, in the Harvard Street Main Street Corridor districts (H-MS, H-MS-O, H-MST, H-MSN) that has architecturally significant features nonconforming with the design standards of Article XI of the Zoning By-Law may have such nonconformance altered or extended provided that no demolition as defined in Town By-Law Article 5.3 is applicable or that the Preservation Commission has granted a Lift of Demolition Stay, subject to the review procedures in Article XI Chapter 9 of this Zoning By-Law.
2.
A use or structure which does not conform to the regulations of this By-law, other than Article IV or Article XI as regulated by the provisions of paragraph 1. above, but which did conform to all applicable regulations when initially established, may be altered, repaired, or enlarged, except that any nonconforming condition may not be increased unless specifically provided for in a section of this By-law other than paragraph 1., subparagraph a. above.
§ 8.03 REBUILDING AFTER CATASTROPHE
1.
If a non-conforming building or use shall have been damaged or destroyed by fire, explosion or other catastrophe, it may be repaired or rebuilt, except in accordance with paragraph 2 below, provided that:
a.
the non-conforming nature of the repaired or rebuilt building is not increased in any respect;
b.
the repaired or rebuilt building shall be used in the same manner as the building being replaced or otherwise used in compliance with the use limitations of the applicable zoning district; and
c.
abuilding permit for the repair or rebuilding shall be applied for within two years from the date of damage or destruction; time incurred in resolving an appeal or other court action or insurance claim shall not be counted as part of the two year limit; the Zoning Board of Appeals may extend the two year period for good cause.
2.
Except for buildings in Local Historic Districts whose repair or rebuilding is exempt from Preservation Commission review per Section 5.6.7(f) of the Town By-Laws, a nonconforming building listed in the National and/or State Registers of Historic Places as an individual or contributing property or located in a Local Historic District, which building has been damaged or destroyed by fire, explosion, or other catastrophe to such an extent that the cost of rebuilding would equal or exceed fifty percent of the replacement value of the building at the time of the catastrophe, as estimated by the Building Commissioner, may be rebuilt if approved by the Board of Appeals by special permit. In such cases, the Board of Appeals shall consider the recommendations of the Preservation Commission and the Planning Board.
3.
Notwithstanding the provisions above, all other relevant sections of the Zoning By-Law, including but not limited to Sections 5.09 and 7.06 and Article 5.6 of the Town By-Laws, shall apply.
§ 8.04 ABANDONMENT
A nonconforming use of a building or of land which has been abandoned shall not thereafter be returned to such nonconforming use. A nonconforming use shall be considered abandoned when said use has been discontinued for a period of two years, or when the characteristic equipment and the furnishing of the nonconforming use have been removed from the premises and have not been replaced by similar equipment within two years.
§ 8.05 SUBSTITUTION
By special permit, the Board of Appeals may permit a nonconforming use to be substituted by another use, provided that the substituted use is permitted in the same districts in which the prior nonconforming use is permitted, and provided that the new use will be less objectionable in terms of noise, traffic, or other characteristics than the prior use, except as specified in Section 8.02. Uses not allowed in the Harvard Street Main Street Corridor districts (H-MS, H-MS-O, H-MST, H-MSN) may not be substituted for other uses not allowed in those districts.