Wakefield City Zoning Code
ARTICLE IX
Nonconforming Uses
§ 190-49 Nonconforming use of structure.
Nonconforming use of a structure is herein defined as a use of a building, lot or structure that does not conform to a use regulation prescribed by this chapter for the district in which it is located but which was in existence at the time the use regulation became effective and was lawful at the time it was established.
§ 190-50 Continuation and extension.
[Amended 5-5-1997 ATM by Art. 40]
Except as hereinafter provided, this chapter shall not apply to uses, buildings or structures 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 chapter required by MGL c. 40A, § 5, as amended, but shall apply to any change or substantial extension of such use, to a building or special permit issued after the first notice of 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 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- or two-family residential structure does not increase the nonconforming nature of said structure.
A.
Preexisting single- and/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 Board of Appeals or the Zoning Administrator. 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 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.
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 Board of Appeals that such change, extension or alteration shall not be substantially more detrimental than the existing nonconforming use to the neighborhood.
C.
This article shall not apply to billboards, signs and other advertising devices subject to the provisions of MGL c. 93, §§ 29 through 33, inclusive, and MGL c. 93D.
§ 190-51 Abandonment.
Nonconforming uses, buildings or structures abandoned or not used continuously for a period of two years shall be required to conform to the current bylaw provisions.
§ 190-52 Cases where permit is already issued.
Nothing herein shall require any change in plans, construction or intended use of a building for which an unexpired permit has heretofore been issued and the construction of which shall be commenced within a period of six months and completed according to such permit within one year after the issuance of the permit.
§ 190-53 Restoration after fire.
Any nonconforming structure may be restored and used regardless of the estimated restoration cost, provided that the new or restored structure is not substantially more nonconforming than the former structure.
§ 190-54 Ruling principle.
In no instance shall nonconforming uses or structures be made more nonconforming unless the Board of Appeals finds that such additional nonconformity will fulfill the intents and purposes of this chapter and will be in the general welfare.
§ 190-55 Nonconforming lot.
A nonconforming lot is a lot which does not meet the current area or frontage requirements for lots in the district in which it is located. Such lot may or may not be buildable depending upon the date it became nonconforming and any applicable exemptions provided by local law or MGL c. 40A.