94-5.1.1 Applicability; Nonconformities. Except as herein after provided, this chapter shall not apply to structures or uses lawfully in existence or lawfully begun, or to a building permit or special permit issued before the first publication of notice of the public hearing on this chapter or any amendments thereto, but shall apply to any change or substantial extension of such use, to a building permit or special permit issued after the first notice or said public hearing, to any reconstruction, extension or structural change of such structure and to any alteration of a structure begun after the first notice of said public hearing to provide for its use in a substantially different purpose or for the same purpose in a substantially different manner or to a substantially greater extent except where alteration, reconstruction, extension or a structural change to a single or two family residential structure does not increase the nonconforming nature of said structure. See M.G.L.A. c. 40A, § 6, para. 1.

94-5.1.2 Commencement of Construction or Operation. Construction or operations under a building permit or special permit shall conform to any subsequent amendments to this chapter, unless the use or construction is commenced within a period of not more than 12 months after the issuance of the permit and in any case involving construction, unless such construction is continued through to completion as continuously and expeditiously as is reasonable. See M.G.L.A. c. 40A, § 6, para. 2.

The zoning board of appeals may award a special permit to change or extend a nonconforming use in accordance with this section only if it determines that such change or extension is not substantially more detrimental to the neighborhood than the existing nonconforming use.

94-5.2.1 Permissible Changes. The following types of changes to nonconforming uses may be considered by the board of appeals:

1.

Change or substantial extension of the use;

2.

Change from one nonconforming use to another nonconforming use which is not substantially more detrimental to the neighborhood. When a special permit is granted under this subsection, no use variance shall be required with regard to use or dimensional aspects of the application.

The board of appeals may award a special permit to reconstruct, extend, alter, or change a nonconforming structure in accordance with this section only if it determines that such reconstruction, extension, alteration, or change is not substantially more detrimental to the neighborhood than the existing nonconforming structure.

94-5.3.1 Permissible Changes. The following types of changes to nonconforming structures may be considered by the board of appeals:

1.

Reconstructed, extended or structurally changed;

2.

Altered to provide for a substantially different purpose or for the same purpose in a substantially different manner or to a substantially greater extent.

Except as provided in section 94-5.5, below, the reconstruction, extension or structural change of a nonconforming structure in such a manner as to create a new nonconformity, shall require the issuance of a variance; increasing an existing nonconformity and the horizontal or vertical extension of an exterior wall at or along the same nonconforming distance within a required yard shall require the issuance of a special permit from the zoning board of appeals.

Nonconforming single and two family residential structures may be reconstructed, extended, altered, or structurally changed upon a determination by the building commissioner that such proposed reconstruction, extension, alteration, or change does not increase the nonconforming nature of said structure and adds not more than 100 percent to its gross floor area.

94-5.5.1 Permissible Changes. The following circumstances shall not be deemed to increase the nonconforming nature of said structure and a building permit may be issued:

1.

Insufficient area. Alteration to a structure located on a lot with insufficient area which complies with all current setback, yard, building coverage, and building height requirements.

2.

Insufficient frontage. Alteration to a structure located on a lot with insufficient frontage which complies with all current setback, yard, building coverage, and building height requirements.

3.

Encroachment. Alteration to a structure which encroaches upon one or more required yard or setback areas, where the alteration will comply with all current setback, yard, building coverage and not result in any increase in building height in the area of encroachment.

If the building commissioner determines that proposed alteration, extension or change exceeds all of the criteria set forth above, the board of appeals may, by special permit, allow such alteration, extension or change where it determines that the proposed modification will not be substantially more detrimental than the existing nonconforming structure to the neighborhood. For the purposes of this subsection only, the term "reconstruction" shall not include the voluntary demolition of such structure and its rebuilding. See section 94-5.7.

A nonconforming use or structure which has been abandoned, or not used for a period of two years, shall lose its protected status and be subject to all of the provisions of this chapter; provided, however, that by special permit the board of appeals may reestablish a nonconforming use or structure otherwise abandoned or not used.

Any nonconforming structure may be reconstructed after a catastrophe or after voluntary demolition in accordance with the following provisions.

94-5.7.1 Procedures.

1.

Reconstruction of said premises shall commence within two years after such catastrophe or demolition.

2.

Building(s) reconstructed as of right 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.

3.

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 from the board of appeals shall be required.

No nonconforming use shall, if changed to a conforming use, revert to a nonconforming use.

When a prior lawful nonconforming structure is located on a lot which does not meet current dimensional requirements, such lot shall not be changed, unless the change does not result in exacerbation of an existing nonconformity or a new nonconformity.

When a lot is changed by eminent domain so as to become deficient in area, frontage, building setback, or lot coverage, any structure located thereupon shall be considered a nonconforming structure subject to the rules of this section 94-5.0.