Norwood City Zoning Code
SECTION 5
Nonconforming Uses and Structures
§ 5.1 Applicability.
These Bylaws 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 required by G.L. c. 40A, s. 5 at which these Bylaws, or any relevant part hereof, was adopted. Such prior, lawfully existing nonconforming uses and structures may continue, provided that no modification of the use or structure is accomplished, unless authorized hereunder.
§ 5.2 Nonconforming Uses.
The Board of Appeals may award a special permit to change a nonconforming use in accordance with this section only if it determines that such change or extension shall not be substantially more detrimental than the existing nonconforming use to the neighborhood. The following types of changes to nonconforming uses may be considered by the Board of Appeals:
5.2.1.
Change or substantial extension of the use; or
5.2.2.
Change from one nonconforming use to another nonconforming use that is not more detrimental to the character of the district in which it is located than the existing use.
§ 5.3 Nonconforming Structures.
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 shall not be substantially more detrimental than the existing nonconforming structure to the neighborhood. Changes to single and two-family structures shall be governed by Section 5.4, below. The following types of changes to nonconforming structures may be considered by the Board of Appeals:
5.3.1.
Reconstructed, extended or structurally changed; or
5.3.2.
Altered to provide for a substantially different purpose or for the same purpose in a substantially different manner or to a substantially greater extent.
5.3.3.
Variance Required. Except as provided in Section 5.4, below, with regard to single and two-family residential structures, the reconstruction, extension or structural change of a nonconforming structure in such a manner as to increase an existing nonconformity, or create a new nonconformity, shall require the issuance of a variance from the Board of Appeals; provided, however, the 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 Board of Appeals.
§ 5.4 Nonconforming Single and Two Family Residential Structures.
Nonconforming single and two family residential structures may be reconstructed, extended, altered, or structurally changed upon a determination by the Inspector of Buildings that such proposed reconstruction, extension, alteration, or change does not increase the nonconforming nature of said structure. For the purposes of this subsection, the term “reconstruction” shall mean the partial, not total, reconstruction of a structure. The following circumstances shall not be deemed to increase the nonconforming nature of said structure as long as such addition does not increase the habitable floor area of the original structure by more than twenty five (25%) percent:
5.4.1.
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;
5.4.2.
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; or
5.4.3.
Side Yard 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 building height requirements.
5.4.4.
Increase in Nonconforming Nature. In the event that the Inspector of Buildings determines that the nonconforming nature of such structure would be increased by the proposed reconstruction, extension, alteration, or change because the above-stated criteria do not apply, the Board of Appeals may, by special permit, allow such reconstruction, 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.
§ 5.5 Other Nonconformities.
Noncompliance with site development requirements, such as parking, landscaping, and lighting standards, does not make the premises nonconforming in use or structure, so changes, extensions, or alterations to existing uses and structures do not require a special permit simply because of such site development noncompliance. However, any change, alteration, or extension in use which increases the extent of noncompliance in site development may be allowed only on special permit, to be granted provided that the board of appeals determines that such change, alteration, or extension is not substantially more detrimental to the neighborhood than the existing condition.
§ 5.6 Abandonment or Non-use.
Any nonconforming use or structure which has been abandoned, or not used for a period of twenty four months, shall lose its protected status and be subject to all of the provisions of this zoning BYLAWS.
§ 5.7 Reconstruction after Catastrophe or Demolition.
Any nonconforming structure may be reconstructed after a catastrophe or after demolition in accordance with the following provisions:
5.7.1.
Two Years. Reconstruction of said premises shall commence within twenty four months after such catastrophe or demolition.
5.7.2.
As of Right. Buildings as reconstructed shall be located on the same footprint as the original nonconforming structure, shall be only as great in volume or area as the original nonconforming structure.
5.7.3.
By Special Permit. In the event that the proposed reconstruction would (a) cause the structure to exceed the volume or area of the original nonconforming structure or (b) cause the structure to be located other than on the original footprint, a special permit shall be required from the Board of Appeals prior to such demolition.
§ 5.8 Reversion to Nonconformity.
No nonconforming use shall, if changed to a conforming use, revert to a nonconforming use.