The provisions of this section apply to actions in connection with nonconforming uses, structures and lots as created by the initial enactment of this ordinance or by any subsequent amendment. It is the intent and purpose of this ordinance to discourage the perpetuity of nonconforming uses except where such extension will be in the general welfare and not harmful to surrounding land uses. The lawful use of any building or land existing at the time of the enactment of this ordinance may be continued except as otherwise provided.

(Ord. of 12-11-06)

1.

General. Except as hereinafter provided, this zoning ordinance 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 on this ordinance. However, it shall apply to any change or substantial extension of such use, to a building or special permit issued after the first notice of 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 for a substantially different purpose or for the same purpose in substantially different manner or to a substantially greater extent, except where alteration, reconstruction, extension or structural change to a lawfully, pre-existing single or two-family residential structure is exempt pursuant to section IX-B.3.

2.

Special permit for nonconformities by board of appeals. Pre-existing nonconforming structures or uses may be extended or altered, upon the issuance of a special permit for nonconformities by the board of appeals, based on the following findings:

A.

For single- and two-family residential structures or uses:

(1)

That there will be no addition of a new nonconformity; and

(2)

That the proposed change will not be substantially more detrimental to the neighborhood than the preexisting nonconforming structure or use. The board of appeals may consider, among other relevant factors, the size, scale, massing, volume, and location of the proposed structure, extension or alteration as compared to:

(a)

The existing structure and lot;

(b)

Other structures and lots in the neighborhood; and

(c)

Reasonable alternatives to the proposal, including alternatives that may require planning board approval under section VI-C of the ordinance.

B.

For all other structures or uses:

(1)

That there will be no intensification or extension of an existing nonconformity or the addition of a new nonconformity; and

(2)

That the proposed change will not be substantially more detrimental to the neighborhood than the existing nonconforming structure or use.

3.

Exemption for single- and two-family residential structures or uses.

A.

General exemption: Pre-existing nonconforming single- and two-family residential structures and uses may be extended or altered if the extension or alteration will not add a new nonconformity or intensify or extend an existing nonconformity with respect to the lot coverage, height, open space or front, side and rear yard requirements of this ordinance in effect at the time of application therefore, except as provided in subsection C. below regarding structures on lots that are nonconforming for area and/or frontage.

B.

Intensifying nonconformities: Any proposed extension or alteration of a pre-existing nonconforming single- or two-family residential structure that will intensify or extend an existing nonconformity with respect to the lot coverage, floor area ratio, height, open space or front, side and rear yard requirements of this ordinance in effect at the time of application therefore may be permitted upon the issuance of a special permit for nonconformities from the board of appeals under section IX-B.2. Any proposed extension or alteration that will add a new nonconformity shall only be permitted by variance from the board of appeals.

C.

Single- or two-family structure(s) on lots that are nonconforming for area or frontage: Notwithstanding subsection A, any proposed extension or alteration of the principal structure on a lot with insufficient area or frontage that would increase the floor area of a dwelling unit by more than five hundred (500) square feet requires a special permit for nonconformities from the board of appeals under section IX-B.2.

For purposes of this subsection, the floor area calculation shall include all the area as measured from the outside of the exterior walls of the proposed extension or alteration times the number of floors. For the purposes of this subsection the floor area shall exclude the following areas:

(1)

Attics with a maximum(to the peak) ceiling height less than six (6) feet;

(2)

Drive-in levels of garages;

(3)

Areas above garages with a maximum(to the peak) ceiling height less than six (6) feet; and

(4)

Basements/cellars that are more than fifty (50) percent below ground level.

The floor area calculation shall include the floor area of all extensions or alterations made since December 11, 2006.

NOTE: The method of calculating floor area as provided for in this subsection is for this subsection only. When applying this section to Plum Island, the floor area calculation shall conform to the procedure used for calculating floor area under the Plum Island Overlay District.

(Ord. of 12-11-06; Ord. of 12-12-11(4))

Construction or operations under a building or special permit shall conform to any subsequent, amendment of this ordinance unless the use or construction is commenced within a period of not less than six (6) months after the issuance of the permit and in cases involving construction, unless such construction is continued through to completion as continuously and expeditiously as is reasonable.

(Ord. of 12-11-06)

If a structure or use becomes nonconforming by virtue of the passage of this ordinance, it may be continued unless abandoned or not used for a period of two (2) or more years. If abandoned or not used for the specified period, the structure or use must be changed to conform to the provisions of this ordinance.

(Ord. of 12-11-06)

The applicability of any increase in area, frontage, width, yard or depth requirement of this zoning ordinance to lots for single- and two-family residential use shall be governed by M.G.L.A c. 40A, Section 6 (4th Paragraph).

(Ord. of 12-11-06)

If a definitive plan, or a preliminary plan followed within seven (7) months by a definitive plan, is submitted to a planning board for approval under the subdivision control law, and written notice of such submission has been given to the city clerk before the effective date of this ordinance, the land shown on such plan shall be governed by the applicable provisions of the zoning ordinance in effect at the time of the first such submission while such plan or plans are being processed under the subdivision control law, and if such definitive plan or an amendment thereof is finally approved, for eight (8) years from the date of endorsement of such approval, except in the case where such plan was submitted or resubmitted and approved after January first, 1976, in which case the exemption shall be for seven (7) years from the date of endorsement of such approval.

When a plan referred to in M.G.L.A. c. 41, Section 81P has been submitted to a planning board and written notice of such submission has been given to the city clerk, the use of the land shown on such plan shall be governed by applicable provisions of the zoning ordinance in effect at the time of the submission of such plan while such plan is being processed under the subdivision control law, including the time required to pursue or await the determination of an appeal referred to in said section, and for a period of three (3) years from the date of endorsement by the planning board that approval under the subdivision control law is not required, or words of similar import.

Disapproval of a plan shall not serve to terminate any rights which shall have accrued under the provisions of the above, provided an appeal from the decision disapproving said plan is made under applicable provisions of the subdivision control law. Such appeal shall stay, pending an order or decree of a court of final jurisdiction, the applicability to land shown on said plan of the provisions of this zoning ordinance which became effective after the date of submission of the plan first submitted.

In the event that any lot shown on a plan endorsed by the planning board is the subject matter of any appeal or any litigation, the exemptive provisions of this ordinance shall be extended for a period equal to that from the date of filing of said appeal or the commencement of litigation, whichever is earlier, to the date of final disposition thereof, provided final adjudication is in favor of the owner of said lot.

(Ord. of 12-11-06)

Any nonconforming structure or any structure occupied by a nonconforming use which is damaged in part or in total by catastrophe may be reconstructed in accordance with the following provisions:

1.

The floor area, ground coverage, number of stories, footprint and the height of the structure in existence before the catastrophe shall delimit the maximum permissible size and shape of the rebuilt structure. The assessor, planning director and building commissioner shall determine the height of the structure prior to issuance of a building permit.

2.

Reconstruction of said premises shall commence within two (2) years after such catastrophe; such period may be extended for one (1) year if good cause is shown upon a written request to the building inspector.

(Ord. of 6-9-08)