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Whitman City Zoning Code

ARTICLE XI

Nonconforming Uses

§ 240-11.1 Applicability.

The provisions of this article apply to nonconforming uses, structures and lots as created by the initial enactment of this bylaw or by any subsequent amendment.

§ 240-11.2 Existing nonconforming uses.

Any lawful building or use of a building or land or any part thereof existing at the time of the adoption or amendment of this bylaw may be continued although not conforming to the provisions hereof, provided such use has not been abandoned for a continuous period of two years or more.

§ 240-11.3 Abandonment.

If any nonconforming development or use of land or of a building be discontinued for a period of two years or more, which in the terms of this bylaw shall constitute abandonment of nonconforming usage, such land or building shall thereafter be used or developed only in accordance with the terms of the Whitman Zoning Bylaw for the zoning districts in which such property is located.

§ 240-11.4 Restoration.

In the event of the interruption of the use of any such building or land caused by the destruction of or damage to any building by fire, explosion or other catastrophe, by 75% or more, such building may be rebuilt or restored at the same location and such use of land resumed, provided that:
A. 
The rebuilding shall, as far as possible, conform to this bylaw and be completed within two years after the occurrence of such fire, explosion or other catastrophe; and
B. 
Such building or use of land as restored or resumed shall be no greater in area except as the Board of Appeals may allow by special permit.

§ 240-11.5 Reduction or increase.

A. 
Any nonconforming lot or open space on the lot (yards, setbacks, courts or building area) if already smaller or greater, as the case may be, than that required, shall not be further reduced or increased so as to be in greater nonconformity.
B. 
Any off-street parking or loading spaces, if already equal to or less than the number required to serve their intended use, shall not be further reduced in number.

§ 240-11.6 Change in use.

A. 
The Board of Appeals may by special permit allow any nonconforming use to be changed to any other use, provided the Board shall rule that such use is not more detrimental or injurious to the neighborhood.
B. 
If any nonconforming use is changed to a conforming use, it shall not thereafter be put into any nonconforming use without approval by the Zoning Board of Appeals.

§ 240-11.7 Moving structures.

No nonconforming structure shall be removed to any other location on the lot or any other lot without the approval of the Zoning Board of Appeals unless every portion of such structure, the use thereof and the lot shall be conforming.

§ 240-11.8 Unsafe structures.

Any structure determined to be unsafe may be restored to a safe condition. Such work on any nonconforming structure shall not place it in greater nonconformity.

§ 240-11.9 Enlargement.

Any nonconforming use of building or land may be altered or enlarged up to 25% of the original floor area of a building or land area in use at the time of the adoption of this bylaw, and to a greater extent when approved by the Board of Appeals, provided:
A. 
The alteration or enlargement is on the same or an adjacent parcel of land in the same ownership of record at the time of the adoption or amendment of this bylaw; and
B. 
The Board of Appeals shall rule that such alteration or enlargement will not be detrimental or injurious to the neighborhood.