Lee City Zoning Code
ARTICLE VI
Nonconforming Structures, Uses and Lots
§ 199-6.1 Exemptions.
The nonconforming structure and use provisions of this article shall not apply to the following:
A.
Structures and uses lawfully in existence prior to the effective date of this chapter.
B.
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 the applicable zoning bylaw or amendment.
C.
Any alteration, reconstruction, extension or structural change to a one-family or two-family structure, provided that this does not increase the nonconforming nature of such structure. In the following circumstances, an alteration, reconstruction, extension or structural change to a one-family or two-family structure shall not be considered an increase in the nonconforming nature of the structure and shall be permitted as of right:
(1)
An alteration, reconstruction, extension or structural change which complies with all current dimensional requirements.
(2)
An alteration, reconstruction, extension or structural change to the side or face of a one-family or two-family structure which encroaches upon current yard requirements, as specified in the Table of Dimensional Requirements,[1] where an alteration, reconstruction, extension or structural change will not encroach upon such area to a distance greater than the existing structure.
[1]
Editor's Note: Said table is included as an attachment to this chapter.
(3)
Any alteration, reconstruction, extension or structural change to a one-family or two-family structure which will increase the existing nonconformity by further encroaching on required yard requirements or further increasing the maximum building coverage or building height as specified in the Table of Dimensional Requirements may be authorized by special permit from the Planning Board upon a finding that such alteration, reconstruction, extension or structural change shall not be more detrimental than the existing nonconforming structure to the neighborhood.
(4)
The expansion or reconstruction of existing structures for the primary purpose of agriculture, horticulture or floriculture.
(5)
Nonconforming lots of record and lots shown on a plan endorsed by the Planning Board under the Subdivision Control Law[2] are exempt from the provisions of this chapter to the extent and as provided in MGL c. 40A, § 6.
[2]
Editor's Note: See MGL c. 41, § 81K et seq.
(6)
Addition of roof-mounted solar photovoltaic collectors.
§ 199-6.2 Requirements for extension, reconstruction or change in use or structure.
[Amended 3-24-2022 STM by Art. 14]
The Planning Board may authorize by special permit any extension, alteration or reconstruction of a nonconforming structure or to provide for its use for a substantially different purpose or for the same purpose in a substantially different manner or to a substantially greater extent, provided that no such extension, alteration, reconstruction or change in use shall be permitted unless the Planning Board finds that:
A.
For a change in use, the change, extension or alteration will not be substantially more detrimental than the existing nonconforming use to the neighborhood.
B.
The extended, altered or reconstructed structure will not be in greater nonconformity with open space, yard and off-street parking requirements of this chapter.
C.
The use or structure complies with other findings under § 199-13.4 that the Board deems relevant.
§ 199-6.3 Reconstruction of structures damaged by fire, explosion or other catastrophe.
A nonconforming structure damaged by fire, explosion or any other catastrophe may be rebuilt, provided that such rebuilding, reconstruction or restoration shall be undertaken within two years of such catastrophe and the structure as rebuilt or restored shall not be in greater nonconformity with the provisions of this chapter. Such rebuilt, reconstructed or restored structure may be enlarged or changed in use in accordance with the provisions of § 199-6.2 herein.
§ 199-6.4 Maintenance, repair and reconstruction of unsafe structures.
Nothing in this chapter shall be deemed to restrict the normal maintenance and repair on nonconforming structures or prevent reconstruction to a safe condition of any structure or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official.
§ 199-6.5 Abandonment.
[Amended 3-24-2022 STM by Art. 14]
Any nonconforming use or structure which has been abandoned or not used for two years or more shall not be reestablished except by special permit from the Planning Board; otherwise, any future use of such premises shall conform to the provisions of this chapter.
§ 199-6.6 Conditions, safeguards and limitations.
The Planning Board may impose reasonable conditions, safeguards or limitations on applications for special permits under this article, designed to lessen any possible adverse impact on adjacent uses or neighborhood, whenever a nonconforming use is authorized to enlarge, expand, extend or convert to another nonconforming use under the provisions of this article.