Salisbury City Zoning Code
ARTICLE V
Nonconforming Uses, Structures and Lots
§ 300-20 Applicability; intent and purpose; existing uses.
The provisions of this article apply to actions in connection with nonconforming uses, structures, and lots as created by the initial enactment of this bylaw or by any subsequent amendment. It is the intent and purpose of this bylaw 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 bylaw may be continued except as otherwise provided.
§ 300-21 Extension or alteration.
A.
Except as hereinafter provided, this zoning bylaw 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 bylaw, but shall apply 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 a substantially different manner or to a substantially greater extent except where alteration, reconstruction, extension, or structural change to a single nonconforming nature of said structure.[1]
[1]
Editor's Note: So in original.
B.
Preexisting nonconforming structures or uses may be extended or altered, provided that no such extension or alteration shall be permitted unless there is a finding by the Zoning Board of Appeals that such change, extension, or alteration shall not be substantially more detrimental than the existing nonconforming use to the neighborhood.
§ 300-22 Adoption of state law.
Provisions of MGL c. 40A, as amended by Chapter 808 of the Acts of 1975, and as may be further amended from time to time, hereinafter referred to as the "Zoning Act," with respect to various exemptions to this bylaw, are hereby adopted as part of this bylaw. (See Section VI of the Zoning Act.) Any nonconforming use and/or structure abandoned or not used for a period of two years or more shall be brought into conformance with this bylaw.
§ 300-23 Other principles.
A.
In no instance shall nonconforming uses, structures or lots be made more nonconforming unless the Zoning Board of Appeals (ZBA) finds that such additional nonconformity will fulfill the intents and purposes of this bylaw and will be in the general welfare.
B.
The provisions of this section shall not apply to the alteration, extension, or structural change to a single- or two-family residential structure lawfully in existence at the lime of enactment of this amendment under the following circumstances:
[Added 10-25-1993 ATM by Art. 8]
(1)
The proposed changes comply with the height restriction; and
(2)
The proposed changes comply with the requirement for maximum building area, or if they do not comply, the proposed changes do not result in an increase in building area on the lot; and
(3)
The proposed changes do comply with the setback requirements; and
(4)
Proposed changes to enlarge the structure do not prevent compliance with regulations governing the repair, expansion or replacement of septic systems, or with any other applicable laws or regulations.
C.
For purposes of this bylaw, an alteration, reconstruction, extension or structural change meeting the criteria set forth in this section shall not be deemed to increase the nonconforming nature of the structure and is allowable as a matter of right.
[Added 10-25-1993 ATM by Art 8]