Wakefield City Zoning Code
ARTICLE V
Nonconforming Uses and Structures
§ 190-23 Applicability.
Except as herein after provided, this chapter shall not apply to structures or uses lawfully in existence or lawfully begun, or to a building permit or special permit issued before the first publication of notice of the public hearing on this chapter or any amendments thereto, but shall apply to any change or substantial extension of such use, to a building permit or special permit issued after the first notice or said public hearing, 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 in 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 a structural change to a single- or two-unit residential structure does not increase the nonconforming nature of said structure.
A.
Commencement of construction or operation. Construction or operations under a building permit or special permit shall conform to any subsequent amendments to this chapter, unless the use or construction is commenced within a period of not more than 36 months after the issuance of the permit and in any case involving construction, unless such construction is continued through to completion as continuously and expeditiously as is reasonable.
§ 190-24 Nonconforming uses.
The Zoning Board of Appeals may grant a finding to change or extend 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.
A.
Permissible changes and extensions. The following types of changes and extensions to nonconforming uses may be considered by the Zoning Board of Appeals:
(1)
Change or substantial extension of the use.
(2)
Change from one nonconforming use to another, less detrimental, nonconforming use. When a finding is granted under this subsection, no use variance shall be required with regard to use or dimensional aspects of the application.
§ 190-25 Nonconforming structures.
The Zoning Board of Appeals may grant a finding 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.
A.
Permissible changes. The following types of changes to nonconforming structures may be considered by the Zoning Board of Appeals:
(1)
Reconstructed, extended or structurally changed.
(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.
§ 190-26 Variance required.
Except as provided in § 190-27 and § 190-29, below, the reconstruction, extension, alteration, 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; provided, however, the extension of an exterior wall at or along the same nonconforming distance within a required yard shall require a finding by the Zoning Board of Appeals.
§ 190-27 Nonconforming single- and two-unit residential structures.
Nonconforming single- and two-unit residential structures may be extended, altered, or structurally changed upon a determination by the Building Inspector that such proposed reconstruction, extension, alteration, or change does not increase the nonconforming nature of said structure.
A.
Without a public hearing. Preexisting single- or two-family residential structures may be reconstructed, changed, extended or altered without the necessity of a public hearing, provided that it is determined that no such reconstruction, change, extension or alteration shall increase the nonconforming nature of said structure. Such determination shall be made by the Zoning Board of Appeals or the Zoning Administrator, if one has been appointed. In the event that such reconstruction, change, extension or alteration increases the nonconformity of said structure, no such reconstruction, change, extension or alteration shall be permitted unless there is a finding by the Zoning Board of Appeals pursuant to a public hearing that such reconstruction, change, extension or alteration shall not be substantially more detrimental than the existing nonconformity to the neighborhood.
B.
Upon a finding. Preexisting nonconforming buildings, structures or uses (with the exception of single- or two-family structures) may be changed, extended or altered, provided that no such change, 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.
§ 190-28 Abandonment or non-use.
A nonconforming use or structure which has been abandoned, or not used for a period of two years, shall lose its protected status and be subject to all of the provisions of this chapter; provided, however, that by special permit the Zoning Board of Appeals may reestablish a nonconforming use or structure otherwise abandoned or not used upon a finding that that the reestablished nonconforming use or structure will not result in substantial detriment to the neighborhood.
§ 190-29 Reconstruction after catastrophe or voluntary demolition.
A.
After catastrophe. Any nonconforming structure may be reconstructed after a catastrophe. Said nonconforming structure may be restored and used after a catastrophe regardless of the estimated restoration cost, provided that the new or restored structure is not substantially more nonconforming than the former structure.
B.
After voluntary demolition; procedures.
(1)
Reconstruction of said premises shall commence within two years after such demolition.
(2)
A building may be reconstructed as of right if a) it will be located on the same footprint as the original nonconforming structure and b) it will not exceed the gross floor area of the original nonconforming structure.
(3)
A building may be reconstructed upon the grant of a finding from the Zoning Board of Appeals if a) the proposed reconstruction would cause the structure to exceed the gross floor area of the original nonconforming structure or b) the proposed reconstruction would cause the structure to be located other than on the original footprint upon a finding that that the reconstruction will not result in substantial detriment to the neighborhood.
§ 190-30 Reversion to nonconformity.
No nonconforming use shall, if changed to a conforming use, revert to a nonconforming use.
§ 190-31 Substandard lots.
When a prior lawful nonconforming structure is located on a lot which does not meet current dimensional requirements, such lot shall not be changed, unless the change does not result in an increase of an existing nonconformity or a new nonconformity.
§ 190-32 Eminent domain.
When a lot is changed by eminent domain, by a friendly taking or conveyance to the Town so as to become deficient in area, frontage, width, building setback, uplands requirement, lot coverage, lot shape or any other dimensional requirements, any lot or structure located thereupon shall be considered a legal nonconforming lot or structure subject to the rules of this Article V.
