North Andover City Zoning Code
ARTICLE 9
NONCONFORMING USES
§ 195-9.1 Continuation of buildings, structures or uses.
Any nonconforming building, structure, or use, as defined herein, which lawfully existed at the time of passage of the applicable provision of this or any prior bylaw or any amendment thereto may be continued, subject to the provisions of this bylaw. Any lawfully nonconforming building or structure and any lawfully nonconforming use of building or land may be continued in the same kind and manner and to the same extent as at the time it became lawfully nonconforming, but such building or use shall not at any time be changed, extended or enlarged except for a purpose permitted in the zoning district in which such building or use is situated, or except as may be permitted by a special permit or otherwise by the North Andover Board of Appeals. Preexisting nonconforming structures or uses, however, may be extended or altered, provided that no such extension or alteration shall be permitted unless there is a finding by the Board of Appeals that such change, extension, or alteration shall not be substantially more detrimental than the existing nonconforming use to the neighborhood. When a preexisting structure has been made nonconforming due to changes in the lot size required by this bylaw, such structure may be extended or altered based on a finding by the Zoning Enforcement Officer that such structure after the change meets all current zoning requirements except for lot size.
§ 195-9.2 Alteration or extension.
A use or structure housing a use which does not conform to the regulations of this bylaw but which did conform to all applicable regulations when initially established shall not be changed, extended or enlarged except in accordance with the following provisions:
A.
Such change shall be approved by a special permit or otherwise by the Board of Appeals.
B.
Such change shall be permitted only upon the same lot occupied by the nonconforming use on the date that it became nonconforming.
C.
Any increase in volume, area, or extent of the nonconforming use shall not exceed an aggregate of more than 25% of the original use.
D.
No change shall be permitted which tends to lengthen the economic life of the nonconforming longer than a period reasonable for the amortization of the initial investment.
§ 195-9.3 Preexisting nonconforming single-family residential structures and uses in Residence 1, 2, 3, 4 and 6 Districts.
A.
Preexisting nonconforming single-family structures. Preexisting nonconforming single-family residential structures in the R-1, R-2, R-3, R-4 and R-6 Districts may be changed, extended or altered, provided that there is a finding by the Zoning Enforcement Officer (Building Commissioner) that such change, extension, or alteration shall not render the structure more nonconforming than the existing structure. Upon such determination, a building permit may be issued where applicable. The following circumstances shall be deemed not to increase the nonconforming nature of said structure:
(1)
Alteration of a structure which complies with all current yard setbacks, building coverage, and building height requirements but is located on a lot with insufficient area, where the structure after alteration will comply with all current bylaw requirements except for lot area.
(2)
Alteration to a structure which complies with all current yard setbacks, building coverage, and building height requirements but is located on a lot with insufficient frontage, where the structure after alteration will comply with all current bylaw requirements except for frontage.
(3)
Alteration to a structure which encroaches upon one or more required yard setbacks, where the structure after alteration will comply with all current bylaw requirements except for yard setbacks. (The provisions of this clause shall apply regardless of whether the lot complies with current area and frontage requirements.)
(4)
Alteration of a structure which encroaches upon one or more required yard setbacks, where the altered part of the structure will comply with all current yard setbacks, or the alteration is to the side or face of the structure which encroaches upon a required yard setback and the alteration does not further encroach upon the required yard setback. In either case, the altered structure must comply with current building coverage and building height requirements. (The provisions of this clause shall apply regardless of whether the lot complies with current area and frontage requirements.)
(5)
Alteration to a nonconforming structure which will not increase the footprint of the existing structure, provided that existing height restrictions shall not be exceeded. In the event that the Zoning Enforcement Officer (Building Commissioner) determines that the nonconforming nature of such structure would be increased by the proposed extension, alteration, or change, the Zoning Board of Appeals may, by special permit, allow such extension, alteration, or change where it determines that the proposed modification will not be substantially more detrimental than the existing nonconforming structure to the neighborhood.
§ 195-9.4 Building after catastrophe.
Any nonconforming building or structure destroyed or damaged by fire, flood, lightning, earthquake or wind to the extent of 65% or more of its reproduction cost at the time of such damage shall not be rebuilt, repaired, reconstructed or altered except for a purpose permitted in the zoning district in which such building is located, or except as may be permitted by a special permit or otherwise by the Board of Appeals acting under MGL Chapter 40A.
§ 195-9.5 Abandonment.
If any lawfully nonconforming building or use of a building or land is at any time discontinued for a period of two years or more, or if such use or building is changed to one conforming with the North Andover Zoning Bylaw in the district in which it is located, it shall thereafter continue to conform.