North Attleborough City Zoning Code
ARTICLE VII
Nonconforming or Existing Uses
§ 290-36 Intent.
Lots, structures, and uses of land and structures which were existing and lawful before this bylaw was passed or amended, but which are prohibited, regulated, or restricted under the terms of this bylaw, may continue under the conditions outlined hereinafter in this article. This bylaw is intended to permit these nonconformities to continue, but not to encourage their survival. Such users are declared by this bylaw to be incompatible with permitted uses in the districts involved.
§ 290-37 Nonconforming or existing use of land.
A.
Nonconforming uses of land may be continued as long as it remains otherwise lawful, subject to the following provisions:
(1)
No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this bylaw.
(2)
Any nonconforming lot or open space on the lot, including yards and setbacks if already smaller than that required, shall not be further reduced so as to be in greater nonconformity, except that the Zoning Board of Appeals may grant a special permit to extend a conforming use so as to violate or further violate the side or rear yard requirements. The Building Inspector may issue a building permit for an extension, reconstruction or alteration to a legal, preexisting, nonconforming, single-family or two-family residential structure under either of the following circumstances:
(a)
The extension, reconstruction or alteration of the structure complies with current setbacks and building height requirements.
(3)
Except as specifically exempt under § 290-13, any two or more nonconforming, undeveloped, contiguous lots in single or common ownership, whether or not separately acquired or shown on a recorded plot, which, combined together fail to meet the footage requirements of the zoning laws applicable thereto, shall be combined into one lot.
(4)
Except as specifically exempt under § 290-13, any two or more nonconforming, undeveloped, contiguous lots in a single or common ownership, whether or not separately acquired or shown on a recorded plot, which, when combined could create one or more full conforming lots, shall be combined and subject to the following regulations:
(a)
Before granting any permit under this bylaw, such nonconforming lots shall be combined and shall be replatted to create conforming lots in any case where the replat could create one or more fully conforming lots without, in turn, creating or retaining a nonconforming lot or lots;
(b)
In the case where combining lots would result in a single larger lot which was still nonconforming, such combining of lots shall be carried out and replatted before any permit under this bylaw may be granted. However, such replatting shall not be construed as creating a conforming lot, and the use of said nonconforming lot shall be subject to all regulations and procedures of this bylaw.
§ 290-38 Nonconforming use of structure.
Nonconforming structure may continue as long as it remains otherwise lawful subject to the following provisions:
A.
Restoration.
(1)
Any nonconforming structure or any structure occupied by a nonconforming use, which is totally destroyed by fire or other natural cause, may be rebuilt on its original foundation according to original floor area limitations, and used for its original use, provided special permit is granted by the Zoning Board of Appeals. Otherwise, it shall not be rebuilt except in accordance with the use, dimensional, and density regulations of this bylaw. Historical buildings may be exempt by special permit of the Zoning Board of Appeals.
(2)
Any nonconforming structure or any structure occupied by a nonconforming use, which is damaged by fire or other natural cause, may be repaired or rebuilt according to the dimensions and floor limitations of the original structure and used for its original use or a conforming use.
B.
No existing structure devoted to a use not permitted by this bylaw in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located.
C.
Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designated for such use at the time of adoption or amendment of this bylaw, but no such use shall be extended to occupy any land outside such buildings.
D.
Any structure, or structure and land in combination or land in or on which a nonconforming use is superseded by a permitted use shall thereafter conform to the regulations for the district in which such structure is located, and the nonconforming use may not thereafter be resumed.
E.
When a nonconforming use of a structure, or structure and premises in combination is discontinued or abandoned for one year, the structure or structures and premises in combination shall not thereafter be used except in conformance with the regulation of the district in which it is located.
F.
Any nonconforming use of a structure may be changed to another nonconforming use, provided the change in use is not a substantially different use as determined by the Building Inspector.
G.
A nonconforming use of a structure, a nonconforming use of land or a nonconforming use of a structure and land shall not be extended or enlarged after passage of this bylaw in any manner, including by attachment on a building or premises of additional signs which are intended to be seen from off the premises or by the addition of other uses of a nature which would be prohibited generally in the district involved.
H.
Nothing in this bylaw shall be deemed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun prior to the effective date of this bylaw and upon which actual building construction has been diligently carried on. "Actual construction" is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner; except that where demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such demolition or removal shall be deemed to be actual construction, provided that work shall be diligently carried out until completion of the building involved.
§ 290-39 Repairs and maintenance.
On any building devoted in whole or in part to any nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing to an extent not exceeding 10% of the current replacement value of the building, provided the cubic content of the building as it existed at the time of passage or amendment of this bylaw shall not be increased.