Marlborough City Zoning Code
ARTICLE VII
Nonconforming Uses and Structures
§ 155-33 Continuation of use.
A.
The following provisions shall apply to all buildings and/or uses legally existing on the effective date of this chapter (which buildings and/or uses do not conform to the requirements set forth in this chapter), to all buildings and/or uses that become nonconforming by reason of any subsequent amendment to this chapter and the Zoning Map which is a part thereof, and to all conforming buildings housing nonconforming uses. No nonconforming use, building or other structure shall be deemed to have existed on the effective date of this chapter unless it was lawfully maintained and occupied on such date and, if such nonconformity is a use, provided that such use has not been discontinued within the meaning of § 155-34A(4).
B.
It is the intent of this section that nonconformities are not to be expanded, so as to ensure eventual compatibility of neighboring land uses and that the existence of any nonconformity shall not of itself be considered grounds for the approval of a variance for any other property.
§ 155-34 Regulation of nonconformities.
A.
Nonconforming uses. The following provisions and limitations shall apply to a nonconforming use of land, building or other structure:
(1)
Enlargement. Any nonconforming use of land shall not be enlarged, extended or altered, and any building or any structure or part thereof devoted to a nonconforming use shall not be enlarged, extended, reconstructed or altered for any reason, except where the result of such change is to eliminate the nonconformity.
[Amended 5-9-2011 by L.L. No. 3-2011]
(2)
Moving. Any building, other structure, or site development devoted to a nonconforming use shall not be moved to another part of the lot, unless the result of any such move is to eliminate the nonconformity.
[Amended 5-9-2011 by L.L. No. 3-2011]
(3)
Change. Any nonconforming use of land, buildings or other structures shall not be changed to any use that is different in nature and purpose from the former nonconforming use, except to such uses that are permitted uses in the district in which the use is located. Any nonconforming use of land, buildings or other structures, once changed to conform or more nearly conform to this chapter, shall not thereafter be changed so as to be less conforming again.
(4)
Discontinuance. Any nonconforming use of land, buildings or other structures which shall have been discontinued shall not thereafter be resumed or replaced by any other nonconforming use. The term "discontinued" shall mean that the nonconformity has ceased for a period of one year or more and/or the use has been changed to another use, whether conforming or nonconforming, for any period of time. Intent to resume a nonconforming use shall not confer the right to do so.
B.
Nonconforming buildings or other structures. The following provisions and limitations shall apply to nonconforming buildings, other structures and site development:
(1)
Enlargement. Any nonconforming building, other structure or site development shall not be enlarged or extended unless it makes the structure or site more conforming.
[Amended 5-9-2011 by L.L. No. 3-2011]
(2)
Moving. Any nonconforming building, other structure, or site development shall not be moved to another part of the lot, unless the result of any such move is to terminate the nonconformity.
(3)
Change. Any nonconforming building, other structures or site development, once changed to conform or to more nearly conform to this chapter, shall not thereafter be changed so as to be less conforming again.
(4)
Off-street parking and loading. Any lot, use, building or other structure that does not conform to one or more of the parking and loading provisions of § 155-27 shall continue to conform to such provisions to the greatest extent practicable on the effective date of such section. Any use of land, buildings or other structures which does not conform to one or more of the provisions of § 155-27 shall not be changed to a use that would need additional off-street parking or loading spaces to comply with the provisions of § 155-27 unless such spaces are provided as required for the new use under § 155-27.
C.
Title. No change of title, possession or right of possession shall be deemed to affect the right to continue a nonconforming use, building, other structure or site development.
§ 155-35 Repair.
[Amended 5-9-2011 by L.L. No. 3-2011]
Nothing in this section shall be deemed to prohibit work on any nonconforming building or other structure, or any building or any structure or part thereof devoted to a nonconforming use, when required by law to protect the public health or safety. Nothing in this section shall be deemed to prohibit ordinary repair and maintenance of a nonconforming building or other structure or, except in the case of nonconforming signs, replacement of existing materials with similar materials.
§ 155-36 Restoration.
[Amended 5-9-2011 by L.L. No. 3-2011]
If any nonconforming building or structure or any building or structure containing a nonconforming use shall be damaged by fire or other casualty or removed pursuant to Chapter 67, such building or structure, except nonconforming signs, may be restored and any such nonconforming use resumed to the extent that such building, structure or use existed at the time of the casualty, but the reconstruction shall comply with the current design standards, bulk requirements and setbacks to the greatest extent practical. Restoration will be started within a period of one year from such casualty and diligently prosecuted to completion. In the event of failure to start such restoration within the one-year period and to complete the same within 24 months thereafter or within such additional periods, not exceeding six months, as the Zoning Board of Appeals may grant upon written application made to it, the right under this subsection to restoration of such building or other structure and the right to resume any such nonconforming use shall be lost and terminated. The Zoning Board of Appeals may grant, upon written application made to it, an extension of the time within which restoration must be started for an additional period not exceeding one year, upon good cause shown.
§ 155-37 Nonconforming residences.
Nothing under this article shall prevent any residential buildings from being repaired or rebuilt in the event of fire or other casualty, but the reconstruction shall comply with the current design standards, bulk requirements and setbacks to the greatest extent practical within the confines of the parcel. The decision as to what is the greatest extent practical shall be in the sole reasonable discretion of the Town Building Inspector and/or Code Enforcement Officer.