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Lanesborough City Zoning Code

ARTICLE VI

Nonconforming Uses and Structures

§ 165-20 Existing uses.

The lawful use of any structure or land existing at the time of the adoption of this amended bylaw may be continued, even if not in conformity with its provisions.

§ 165-21 Structures under construction.

A structure lawfully begun under a building permit or special permit issued before the first publication of notice of the required public hearing by the Planning Board on these bylaw amendments may be continued to completion and the lawful use of the structure may be continued even if not in conformity with the amended bylaw.

§ 165-22 Authorized building permits.

The Building Inspector, with approval by the Board of Health of those features which come under its jurisdiction, may issue building permits for:
A. 
The alteration, reconstruction, extension or structural change to a one-family or two-family dwelling on a lot meeting the requirements of Article V but nonconforming because of failure to meet one or more of the requirements of the Intensity Table, provided this does not increase the nonconforming nature of such a structure;
B. 
Reconstruction of a one-family or two-family dwelling on a lot not meeting the requirements of Article V, provided that the size of the structure and the location of the structure on the lot shall not be changed;
C. 
The expansion or reconstruction of existing structures for the primary purpose of agriculture, floriculture, horticulture, or viticulture.

§ 165-23 Extension, reconstruction or change in use.

A. 
Any preexisting nonconforming structure or use may be rebuilt or re-established within two years if damaged or destroyed by fire or other catastrophe.
B. 
Preexisting nonconforming structures or uses may be extended, altered or changed to another nonconforming use by special permit from the Zoning Board of Appeals, provided that the Board finds that such change, extension or alteration shall not be substantially more detrimental to the neighborhood than the existing nonconforming use.
C. 
The Zoning Board of Appeals may impose reasonable conditions on applications for special permits designed to lessen the detrimental impact of any nonconforming use on adjacent properties and the general neighborhood whenever such is authorized to enlarge, expand, extend or convert to another nonconforming use under the provisions of this section.
D. 
A nonconforming use of land or structure which has been abandoned or not used for a period of two years or more shall not be re-established. Any future use of such premises shall conform to this bylaw.