A)

A non-conforming use or structure may continue, provided that the use or structure was lawfully in existence or lawfully begun, or subject to a building or special permit issued before the first publication of notice of the public hearing concerning the adoption of this Bylaw or any amendment thereto, or the use or structure, having been legally established, became nonconforming solely as a result of subsequent amendments to this Bylaw. Such prior, lawfully existing nonconforming uses and structures may continue, provided that no modification of the use or structure is accomplished, unless authorized hereunder.

B)

Except as described in part C relative to single and two-family residential structures, no preexisting, nonconforming use may be changed or substantially extended and no preexisting, nonconforming structure may be reconstructed, extended or subject to a structural change or alteration 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 unless the owner first obtains a Special Permit from the Board of Appeals, established by Section IX, finding that the proposed extension, alteration, reconstruction, or structural change will not be substantially more detrimental than the existing nonconforming use or structure to the neighborhood.

Any Special Permit issued by the Board of Appeals pursuant to this Section IV.B shall be subject to the following restrictions:

1.

In Rural, Residential and Apartment Districts, the extent of the non-conforming use of a structure, other than a single or two-family home, shall not be increased more than fifty (50) percent of the gross floor area, nor shall the non-conforming use of land be increased more than fifty (50) percent of the area in use at the time of passage of this Bylaw. In the event the use involves both structure and land, each may be increased no greater than fifty (50) percent. All increases must be confined to the lot as it existed on the date of the adoption of this Bylaw, and shall be subject to all other provisions of the applicable zoning district. (Amended 5-22-2021) ;

2.

In the Limited Business, Commercial-Business, Limited Commercial-Business and Limited Industrial Districts the extent of the non-conforming use may be increased insofar as it is confined to the lot as it existed on the date of the adoption of this Bylaw, and shall be subject to all other provisions of the applicable zoning district. (amended 5/16/2011);

3.

A non-conforming use may only be changed to a similar use or a less restricted use.

C)

A preexisting, nonconforming single or two-family residential structure may be altered, reconstructed, extended, and/or enlarged upon a determination by the Building Inspector that such proposed alteration, reconstruction, extension, or enlargement does not increase the nonconforming nature of said single or two-family residential structure, and subject to the issuance of a Building Permit.

In the event the Building Inspector determines that a proposed alteration, reconstruction, extension, and/or enlargement of a single or two-family residential structure would, in fact, increase the nonconforming nature of said structure, then no Building Permit shall be issued for such a project unless the Board of Appeals first issues a Special Permit, finding that the proposed alteration, reconstruction, extension, and/or enlargement of the single or two-family residential structure increasing the nonconforming nature of said structure will not be more detrimental to the neighborhood than the existing nonconformity.

The following alterations, reconstructions, extensions, and/or enlargements of single and two family dwellings and accessory structures are deemed not to increase the nonconforming nature of a single or two-family residential structure and may be permitted by the Building Inspector upon the issuance of a Building Permit, as applicable:

1.

Conforming alterations, reconstructions, extensions, and/or enlargements to single or two family dwellings located on a lot that is nonconforming due to its lot area, frontage, and/or use and where only that frontage, lot area, and/or use is nonconforming, but which structure meets all other requirements of Section VII - Table II.

2.

Conforming additions, under Section VII - Table II, to a nonconforming structure relative to the requirements of Section VII - Table II, provided that no nonconforming element or aspect of the nonconforming structure is extended or increased.

3.

Alterations or extensions of any lawfully established nonconforming portion(s) of a building not considered permanent living space, including but not limited to decks and balconies, provided that the repair, reconstruction or replacement does not exceed the original in footprint, volume, or area.

4.

Demolition of a structure or portions of a structure that reduces the extent of an existing nonconformity, or that does not increase or otherwise affect any existing nonconformity, and that does not create a new zoning violation.

D)

If a non-conforming use is discontinued or abandoned for a period of more than two (2) years, it shall lose its protected status and may not be re-established.

E)

A building destroyed or damaged by fire, explosion or other catastrophe may be rebuilt or restored at the same location and again used as previously, provided that said owner shall apply for a building permit and start operations for restoring or rebuilding on said premises within twelve (12) months after such catastrophe, and reconstruction is completed and occupancy begun within two (2) years, and further provided that the building as restored shall not be greater in volume or gross floor area than provided in Section IV A and shall be constructed in accordance with the Building Code in effect at the time of the application.

(Amended 5/21/2022)