Foxborough City Zoning Code
SECTION 5
0 Nonconforming Uses and Structures
5.1 Applicability.
These bylaws shall not apply to structures or uses lawfully in existence or lawfully begun, or to a building or special permit issued before the first publication of notice of the public hearing required by MGL c. 40A, § 5, at, which these bylaws, or any relevant part hereof, were adopted. Such prior, lawfully existing nonconforming uses and structures may continue, provided that no modification of the use or structure is accomplished, unless authorized hereunder.
5.2 Nonconforming uses.
The Board of Appeals may grant a special permit to change a nonconforming use in accordance with this Section 5.0 only if there is a finding that such change or extension shall not be substantially more detrimental than the existing nonconforming use to the neighborhood. The following types of changes to nonconforming uses may be considered by the Board of Appeals:
5.3 Nonconforming structures that are not single- and two-family residential structures.
[Amended 5-13-2013 ATM by Art. 27]
The reconstruction, alteration or extension of, or the structural change to, any nonconforming structure that is not a single- or two-family residential structure may be authorized by the Board of Appeals in accordance with the following:
5.3.1.
A special permit is required for the reconstruction, extension, alteration or structural change of or to a nonconforming structure that does not increase an existing nonconformity or that does not create a new nonconformity; or
5.3.2.
A special permit is required for the reconstruction, extension, alteration or structural change of or to a nonconforming structure that results in the nonconforming structure being used for a substantially different purpose or use than is permitted under these bylaws, or that results in the nonconforming structure being used for the same purpose or use in a substantially different manner or to a substantially greater extent, provided that such reconstruction, extension, alteration or structural change does not increase an existing nonconformity or does not create a new nonconformity; or
5.3.3.
A special permit is required for the extension of an exterior wall of a nonconforming structure at or along the same nonconforming distance to the front, side or rear line within a required yard (any such extension not being deemed to constitute an increase in the existing nonconformity or the creation of a new nonconformity for purposes of these bylaws).
5.3.4.
A variance is required in the event that the reconstruction, extension, alteration or structural change of or to a nonconforming structure increases an existing nonconformity or creates a new nonconformity. Notwithstanding the foregoing, the extension of an exterior wall of a nonconforming structure at or along the same nonconforming distance to the front, side or rear line within a required yard shall not be deemed to constitute an increase in an existing nonconformity or the creation of a new nonconformity for purposes of these bylaws, and shall not require the issuance of a variance.
5.3.5.
A special permit may be granted by the Board of Appeals pursuant to Section 5.3.1, Section 5.3.2 or Section 5.3.3 only if there is a finding by the Board of Appeals that the reconstruction, extension, alteration or change shall not be substantially more detrimental to the neighborhood in which such structure is located than the existing nonconforming structure. A variance may be granted by the Board of Appeals pursuant to Section 5.3.4 only in accordance with the requirements of Section 10.2.2.3.
[Amended 5-13-2019 ATM by Art. 18]
5.4 Nonconforming single- and two-family residential structures.
[Amended 5-12-2014 ATM by Art. 34]
Nonconforming single- and two-family residential structures may be reconstructed, extended or altered as of right upon a determination by the Building Commissioner that such reconstruction, extension or alteration does not increase the nonconforming nature of the structure, and does not increase the habitable floor area of the structure by more than 25%.
5.4.1.
No increase in nonconforming nature. The reconstruction, extension or alteration of a structure that is described in each of the following circumstances shall not be deemed to increase the nonconforming nature of a structure:
1.
Insufficient areas: reconstruction, extension or alteration of a structure that is located on a lot with insufficient lot area, but that complies with all current dimensional requirements for front, side and rear yards, building coverage, and building height.
2.
Insufficient frontage: reconstruction, extension or alteration of a structure that is located on a lot with insufficient frontage, but that complies with all current dimensional requirements for front, side and rear yards, building coverage, and building height.
3.
Yard encroachment: reconstruction, extension or alteration of a structure that does not further encroach upon one or more nonconforming front, side or rear yards, but that complies with current dimensional requirements for building coverage and building height.
5.4.2.
Increase in nonconforming nature or increase in habitable floor area by 25% or more. In the event that the Building Commissioner determines that the reconstruction, extension or alteration increases the nonconforming nature of the structure, or in the event that such reconstruction, extension or alteration increases the habitable floor area of the structure by 25% percent or more, a special permit granted by the Board of Appeals shall be required to allow such reconstruction, extension or alteration. A special permit may be granted by the Board of Appeals only if there is a finding by the Board of Appeals that the reconstruction, extension or alteration shall not be substantially more detrimental to the neighborhood in which the structure is located than the existing nonconforming structure.
5.5 Abandonment or non-use.
Any nonconforming use or structure that has been abandoned or not used for a period of 24 months shall lose its protected status and be subject to all of the provisions of these bylaws; provided, however, that such use or structure may be restored to its protected status by special permit from the Board of Appeals.
5.6 Reconstruction after catastrophe or demolition.
Any nonconforming structure may be reconstructed after a catastrophe or after demolition in accordance with the following provisions:
5.6.1.
Two years. Reconstruction of said premises shall commence within 24 months after such catastrophe or demolition.
5.6.2.
As of right. Buildings as reconstructed shall be located on the same footprint as the original nonconforming structure, and shall be only as great in gross floor area as the original nonconforming structure.
5.6.3.
By special permit. In the event that the proposed reconstruction would (a) cause the structure to exceed the gross floor area of the original nonconforming structure, or (b) cause the structure to be located other than on the original footprint, a special permit shall be required from the Board of Appeals prior to such demolition.
5.7 Reversion to nonconformity.
No nonconforming use, if changed to a conforming use, shall revert to a nonconforming use.