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North Adams City Zoning Code

SECTION 5

NONCONFORMING BUILDINGS AND USES.

[Ord. of 1-12-2016]
5.1. 
Existing uses continued: Any structures or uses lawfully existing on the effective date of this Zoning Ordinance may be continued in accordance with the provisions of General Laws Chapter 40A, Section 6. Any subsequent and substantial alteration, reconstruction or extension of a nonconforming use or structure may be authorized by a special permit issued by the Zoning Board of Appeals which will be granted only if the Board finds that the proposed alteration, reconstruction or extension will not be substantially more detrimental to the neighborhood than is the existing nonconforming use. The issuance of a special permit hereunder shall not authorize the violation of any dimensional, parking or other regulation with which the structure or use was theretofore in conformity.
5.2. 
Abandonment of a nonconforming use: A nonconforming use which has been abandoned or discontinued for a period of more than two years or has been replaced by a conforming use shall lose the protection set forth above in Section 5.1, except to the extent that the nonconforming use or structure may be authorized by a special permit issued by the Zoning Board of Appeals which will be granted only if the Board finds that the proposed alteration, reconstruction or extension will not be substantially more detrimental to the neighborhood than is the existing nonconforming use, and the real estate taxes on the subject property have been continuously paid and the owner is otherwise in compliance with all the municipal ordinances, rules and regulations, including all Board of Health regulations.
5.3. 
Single lot exemption for single- and two-family use: A lot for single- or two-family residential use shall be exempt from any increase in area, frontage, width, yard or depth requirements resulting from the adoption or amendment of this ordinance, provided that:
5.3.1. 
The lot was not held in common ownership with any adjoining land at the time of recording or endorsement, whichever occurs sooner;
5.3.2. 
The lot conformed to existing zoning requirements at such time; and
5.3.3. 
The lot has at least 5,000 square feet of area and at least 50 feet of frontage.
5.4. 
Reconstruction of nonconforming structures damaged by fire or other casualty: A structure which has been destroyed by fire or other accidental or natural causes may be restored to its original condition, regardless of any nonconformity of the structure or its use, but only provided that either such work is started within 12 months of the damage and completed within two years of the date of the damage, and further provided that the reconstruction does not substantially change the character or size of the buildings or the use which they were put prior to the damage.
5.5. 
Effect of changes on permits: Pursuant to Massachusetts General Laws Chapter 40A, Section 6, construction or operations under a building permit shall conform to this ordinance and any subsequent amendments hereto unless the use or construction is commenced within six 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 reasonable.