Winchester City Zoning Code
SECTION 3
0 USE REGULATIONS
3.1 Principal Use Regulations.
[STM Art. 4, 5/2/2016; STM Art. 6, 5/1/2017; FTM Art. 7, 11/6/2017; FTM Art. 8, 11/15/2018; FTM Art. 7, 11/7/2024]
3.1.1.
General.
In each zoning district, land, buildings and other structures may be used as a principal use or an accessory use as specifically set forth in the Table of Use Regulations of this Section 3.1. Except as provided by law, all existing and future uses of land, buildings and structures not set forth in the Table of Use Regulations are expressly prohibited.
3.1.2.
Symbols.
Symbols employed in the Table of Use Regulations shall mean the following:
Y = Permitted as of Right. See Section 9.5.1 for applicability of Site Plan Review. |
N = Not Permitted; Prohibited. |
SP = Permitted only under a special permit granted by the designated Special Permit Granting Authority, as provided for in Subsection 9.4 of this Bylaw. |
Table of Use Regulations | ||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|
DISTRICT | RA | RB | RDA | RDB | RDC | RG | CBD | GBD1 | MSMD | IL | SCI | |
Group I - Residential Uses | ||||||||||||
1. | Dwelling, single-family | Y | N | Y | Y | Y | Y | See 7.3.11.3 | N | See 8.12.5 | N | N |
2. | Dwelling, duplex | N | N | N | N | N | Y | See 7.3.11.3 | N | See 8.12.5 | N | N |
3. | Conversion of a single-family dwelling unit built prior to the enactment of this Zoning Bylaw into a duplex dwelling, provided the conversion does not require for safety or other reasons any exterior change which alters the single-family character of the dwelling, and no such change is made, and further provided that the lot contains no less than 11,000 square feet | N | N | N | N | N | SP | See 7.3.11.3 | N | See 8.12.5 | N | N |
4. | Garden apartment house | SP | SP | N | N | N | N | See 7.3.11.3 | N | See 8.12.5 | N | N |
5. | Town house or Dwelling, multi-family | SP | SP | N | N | N | N | See 7.3.11.3 | N | See 8.12.5 | N | N |
6. | Apartment House | N | SP | N | N | N | N | See 7.3.11.3 | N | See 8.12.5 | N | N |
7. | A combination of business and residential uses which are otherwise allowed in the Table of Use Regulations in the underlying GBD-2 or GBD-3 Districts | N | N | N | N | N | N | See 7.3.11.3 | N | See 8.12.5 | N | N |
8. | A combination of business and residential uses which are otherwise allowed in the Table of Use Regulations in the underlying GBD-2 or GBD-3 Districts with up to four dwelling units otherwise allowed in this Table | N | N | N | N | N | N | See 7.3.11.3 | N | See 8.12.5 | N | N |
9. | Cluster Residential Housing | N | N | SP | SP | N | N | See 7.3.11.3 | N | See 8.12.5 | N | N |
10. | Multiple Use Development | N | N | N | N | N | N | See 7.3.11.3 | N | See 8.12.5 | N | N |
Group II – Educational, Institutional, Recreational and Agricultural Uses | ||||||||||||
1. | Use of land or structures for educational purposes on land owned or leased by the Commonwealth or any of its agencies, subdivisions or bodies politic or by a religious sect or denomination, or by a nonprofit educational corporation | Y | Y | Y | Y | Y | Y | See 7.3.11.3 | Y | See 8.12.5 | Y | Y |
2. | Child care center | Y | Y | Y | Y | Y | Y | See 7.3.11.3 | Y | See 8.12.5 | Y | Y |
3. | (Reserved) | |||||||||||
4. | Use of land or structures for religious purposes on land owned or leased by a religious sect or denomination | Y | Y | Y | Y | Y | Y | See 7.3.11.3 | Y | See 8.12.5 | Y | Y |
5. | Library or museum not conducted as a gainful business | Y | Y | Y | Y | Y | Y | See 7.3.11.3 | Y | See 8.12.5 | Y | Y |
6. | Public park, playground, or other public recreation facility | Y | Y | Y | Y | Y | Y | See 7.3.11.3 | Y | See 8.12.5 | Y | Y |
7. | Reservation, wildlife preserve or other conservation area | Y | Y | Y | Y | Y | Y | See 7.3.11.3 | Y | See 8.12.5 | Y | Y |
8. | Private club or lodge | SP | SP | N | N | N | N | See 7.3.11.3 | SP | See 8.12.5 | SP | SP |
9. | County club, sporting grounds, or other predominantly outdoor recreational use, excluding any use conducted as gainful business | SP | SP | SP | SP | N | SP | See 7.3.11.3 | N | See 8.12.5 | N | SP |
10. | Hospital. | N | N | N | N | N | N | See 7.3.11.3 | N | See 8.12.5 | N | SP |
11. | Orphanage, philanthropic or charitable institution | N | N | N | N | N | N | See 7.3.11.3 | N | See 8.12.5 | N | SP |
12. | Sanitarium, nursing, rest or convalescent home, operated for profit | N | N | N | N | N | N | See 7.3.11.3 | N | See 8.12.5 | N | SP |
13. | Cemetery | N | N | N | N | N | N | See 7.3.11.3 | N | See 8.12.5 | N | Y |
14. | Use of land for the primary purpose of agriculture, horticulture, floriculture, silviculture or viticulture on a parcel of land with more than five (5) acres in area. | Y | Y | Y | Y | Y | Y | See 7.3.11.3 | Y | See 8.12.5 | Y | Y |
Group III – Government and Public Service Uses | ||||||||||||
1. | Essential services | N | N | N | N | N | N | See 7.3.11.3 | Y | See 8.12.5 | Y | N |
2. | Municipal administration building, fire or police station | N | N | N | N | N | N | See 7.3.11.3 | Y | See 8.12.5 | N | Y |
3. | Water supply and sewage disposal facilities | Y | Y | Y | Y | Y | Y | See 7.3.11.3 | Y | See 8.12.5 | Y | Y |
4. | Municipal waste disposal facility or transfer facility for rubbish, garbage, or other refuse originating within the Town | N | N | N | N | N | N | See 7.3.11.3 | N | See 8.12.5 | N | Y |
5. | Television receive-only antenna not over 30 feet in height above average ground level for a cable television system licensed by the Town and an accessory building not to exceed 100 square feet in floor area | N | N | N | N | N | N | See 7.3.11.3 | N | See 8.12.5 | N | SP |
6. | Television studio located within a municipal building and licensed by the Town, but excluding any office, storage or repair use | N | N | N | N | N | N | See 7.3.11.3 | N | See 8.12.5 | N | SP |
7. | Temporary public event | N | N | N | N | N | N | See 7.3.11.3 | Y | See 8.12.5 | N | Y |
Group IV – Commercial Uses | ||||||||||||
1. | Retail store for the sale of merchandise where all display and sales are conducted within a building | N | N | N | N | N | N | See 7.3.11.3 | Y | See 8.12.5 | SP | N |
2. | Personal service establishment | N | N | N | N | N | N | See 7.3.11.3 | Y | See 8.12.5 | Y | N |
3. | Lunch room, restaurant, cafeteria, or similar place for serving food or beverages, except diner or lunch cart, to persons inside the building | N | N | N | N | N | N | See 7.3.11.3 | Y1 | See 8.12.5 | Y1 | N |
4. | Fast food restaurant | N | N | N | N | N | N | See 7.3.11.3 | SP | See 8.12.5 | N | N |
5. | Drive-in/drive-up/drive-through restaurant | N | N | N | N | N | N | See 7.3.11.3 | N | See 8.12.5 | N | N |
6. | Indoor commercial amusement or assembly use | N | N | N | N | N | N | See 7.3.11.3 | Y | See 8.12.5 | N | N |
7. | Undertaking or funeral establishment | N | N | N | N | N | N | See 7.3.11.3 | Y | See 8.12.5 | N | N |
8. | General service establishment | N | N | N | N | N | N | See 7.3.11.3 | Y | See 8.12.5 | Y | N |
9. | Trade shop | N | N | N | N | N | N | See 7.3.11.3 | Y | See 8.12.5 | Y | N |
10. | Bank or business office | N | N | N | N | N | N | See 7.3.11.3 | Y | See 8.12.5 | Y | N |
11. | Veterinary establishment, kennel, or place of the boarding of animals, conducted entirely within a building | N | N | N | N | N | N | See 7.3.11.3 | SP | See 8.12.5 | SP | N |
12. | Kennel owned and operated by municipality | N | N | N | N | N | N | See 7.3.11.3 | N | See 8.12.5 | N | Y |
13. | Business or professional office | N | N | N | N | N | N | See 7.3.11.3 | Y | See 8.12.5 | Y | N |
14. | Medical or dental laboratory | N | N | N | N | N | N | See 7.3.11.3 | Y | See 8.12.5 | Y | N |
15. | Medical or dental center | N | N | N | N | N | N | See 7.3.11.3 | Y | See 8.12.5 | N | N |
16. | Motor vehicle fuel facility, with sale of related products and services | N | N | N | N | N | N | See 7.3.11.3 | Y | See 8.12.5 | N | N |
17. | Salesroom or repair garage for new and used automobiles, boats and other vehicles | N | N | N | N | N | N | See 7.3.11.3 | SP | See 8.12.5 | N | N |
18. | Establishment for the sale of used cars, boats, and other vehicles | N | N | N | N | N | N | See 7.3.11.3 | SP | See 8.12.5 | N | N |
19. | Commercial parking lot or parking garage | N | N | N | N | N | N | See 7.3.11.3 | Y | See 8.12.5 | N | N |
20. | Commercial greenhouse salesroom or stand for the sale of nursery, garden or other agricultural produce | N | N | N | N | N | N | See 7.3.11.3 | Y | See 8.12.5 | Y | N |
21. | Trade, professional or other school conducted as a gainful business | N | N | N | N | N | N | See 7.3.11.3 | Y | See 8.12.5 | Y | N |
Group V - Industrial Uses | ||||||||||||
1. | Storage, distribution or wholesale marketing of materials, merchandise, products or equipment conducted within an enclosed building provided that the use is part of or accessory to its own sales, service, storage or manufacturing facility; such facility need not be located on the same lot as the use permitted by this item. This space within such building devoted to such storage, distribution or wholesale marketing shall not exceed 25,000 square feet of floor area and shall not exceed 18 feet in height measured from the finished floor to the underside of the roof structure. | N | N | N | N | N | N | See 7.3.11.3 | N | See 8.12.5 | Y | N |
2. | Lumber yard, contractor’s yard, open-air establishment for the storage, distribution or sale at wholesale or retail of materials (but not including used cars or salvaged materials) merchandise, products or equipment | N | N | N | N | N | N | See 7.3.11.3 | N | See 8.12.5 | Y | N |
3. | Printing or publishing plant, bottling works, manufacturing establishment or other lawful assembling, packaging, finishing or processing use | N | N | N | N | N | N | See 7.3.11.3 | N | See 8.12.5 | Y | N |
4. | Laboratory, not including a medical or dental laboratory, in a building or part of a building, equipped to conduct scientific experiments, research, tests or investigations | N | N | N | N | N | N | See 7.3.11.3 | N | See 8.12.5 | Y | N |
5. | Wholesale laundry or dry cleaning establishment | N | N | N | N | N | N | See 7.3.11.3 | N | See 8.12.5 | N | N |
6. | Adult Uses – See Section 8.3.3 | N | N | N | N | N | N | See 7.3.11.3 | N | See 8.12.5 | N | N |
7. | Wireless Communications Facilities See Section 8.4 | N | SP | N | N | N | N | See 7.3.11.3 | SP | See 8.12.5 | SP | SP |
Group VI - Accessory Uses | ||||||||||||
1. | Office within the place of residence of a physician, accountant, lawyer, architect, dentist or similar office uses, occupying not more than 25 percent of the floor area of the dwelling unit, and not more than one nonresident employee shall be employed, but subject to all other restrictions of Home Occupation | N | N | SP | SP | SP | SP | See 7.3.11.3 | N | See 8.12.5 | N | N |
2. | The use of a portion of a dwelling by a resident engaged in a home occupation. Special permit required if clients or pupils come to the house for consultation or instruction. | Y | Y | Y | Y | Y | Y | See 7.3.11.3 | Y | See 8.12.5 | Y | N |
3. | Private garage for not more than three (3) automobiles per dwelling unit, not more than one of which shall be a commercial vehicle of a light panel, small delivery or pickup truck type | Y | Y | Y | Y | Y | Y | See 7.3.11.3 | N | See 8.12.5 | N | N |
4. | Noncommercial greenhouse, tool shed or other similar accessory structure not in excess of 150 square feet of gross floor area | Y | Y | Y | Y | Y | Y | See 7.3.11.3 | N | See 8.12.5 | N | SP |
5. | Living quarters for domestic employees, containing no kitchen facilities, provided that such quarters are not rented or used as a separate dwelling | Y | Y | Y | Y | Y | Y | See 7.3.11.3 | N | See 8.12.5 | N | N |
6. | An uncovered swimming pool, subject to the provisions of Section 4.4.2 | Y | Y | Y | Y | Y | Y | See 7.3.11.3 | N | See 8.12.5 | N | SP |
7. | Tennis courts, subject to the provisions of Section 4.4.1 | Y | Y | Y | Y | Y | Y | See 7.3.11.3 | N | See 8.12.5 | N | SP |
8. | Family day care, small | Y | Y | Y | Y | Y | Y | See 7.3.11.3 | SP | See 8.12.5 | N | N |
9. | Family day care, large | SP | SP | SP | SP | SP | SP | See 7.3.11.3 | SP | See 8.12.5 | N | N |
Group VII - Nonresidential Accessory Uses | ||||||||||||
1. | Delicatessens, lunch counters and soda fountains incidental to the permitted business of a variety or drugstore | N | N | N | N | N | N | See 7.3.11.3 | Y | See 8.12.5 | N | N |
2. | Outdoor parking of commercial vehicles subject to provisions of Section 5.1.3 of this Bylaw | N | N | N | N | N | N | See 7.3.11.3 | Y | See 8.12.5 | Y | N |
3. | Where clearly secondary and incidental to a manufacturing establishment, retail uses such as cafeterias, soda or dairy bars, wholly within the same building as the principal permitted use, conducted primarily for the convenience of employees, and with no exterior advertising display, and in the Conservancy-Institutional District where incidental to the operation of schools and nonprofit institutions | N | N | N | N | N | N | See 7.3.11.3 | N | See 8.12.5 | Y | Y |
4. | In Light Industrial Districts, outdoor storage of supplies and equipment, incidental to permitted uses, subject to appropriate requirements for location, lighting, screening, fencing, cover and safety | N | N | N | N | N | N | See 7.3.11.3 | N | See 8.12.5 | SP | N |
5. | Restaurant play area | N | N | N | N | N | N | See 7.3.11.3 | N | See 8.12.5 | N | N |
Group VIII - General Accessory Uses | ||||||||||||
1. | Removal of clay, sand, gravel, stone or other earth products, but not sod, loam or soil, from the premises only to the extent normally required for the excavation for a permitted construction including driveways, walks or streets, subject to the provisions of Section 6.3 | Y | Y | Y | Y | Y | Y | See 7.3.11.3 | Y | See 8.12.5 | Y | Y |
2. | Any use accessory to a principal use or uses necessary in connection with scientific research or scientific development or related production (regardless whether such accessory use is on the same lot as the necessary principal use to which it is accessory) | SP | SP | SP | SP | SP | SP | See 7.3.11.3 | SP | See 8.12.5 | SP | SP |
3. | Roof-mounted dish antennas two (2) feet or smaller in diameter, subject to provisions of Section 4.4.3 | SP | SP | Y | Y | Y | Y | See 7.3.11.3 | Y | See 8.12.5 | Y | Y |
4. | Dish antennas greater than two (2) feet in diameter, subject to the provisions of Section 4.4.4 | SP | SP | SP | SP | SP | SP | See 7.3.11.3 | SP | See 8.12.5 | SP | SP |
Table Notes: |
1 The serving of food outside of the building to be allowed via special permit. |
3.2 Accessory Uses.
[FTM Art. 4, 11/5/2020; FTM Art. 4, 11/10/2022; FTM Art. 8, 11/7/2024]
3.2.1.
Home Occupations.
1.
No person other than members of the family residing on the premises shall be engaged in such occupation.
2.
The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than 25 percent of the floor area of the dwelling unit plus accessory buildings shall be used in the conduct of the home occupation.
3.
There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation other than one sign, not exceeding two (2) square feet in area, nonilluminated.
4.
There shall be no sales of products on the premises in connection with such home occupation.
5.
No traffic shall be generated by such occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street and other than in a required front yard.
6.
No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the lot, if the occupation is conducted in a single-family residence, or outside the dwelling unit if conducted in other than a single-family residence. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises.
7.
Barber shop, beauty shop, and mortuary are not permitted.
3.2.2.
Accessory Dwelling Units
Purpose. The purposes of this subsection of the bylaw is to allow the creation of accessory dwelling units (ADUs) on lots where single-family homes are allowed. | |
In all districts, ADUs may be constructed or established as a matter of right on a lot where a single-family dwelling exists or is allowed, provided the following conditions are met: |
1.
There shall be no more than one ADU per single-family or duplex lot, unless an additional ADU is allowed by a special permit.
2.
The ADU and primary dwelling unit, as well as the lot that they are on, must comply with the requirements applicable to the respective zoning district in the Table of Dimensional Requirements in Section 4. Otherwise, an applicant may apply for appropriate relief with the Zoning Board of Appeals as set forth in these zoning bylaws.
3.
An ADU may be no larger in gross floor area than one half of the gross floor area of the principal dwelling unit on the property or 900 square feet, whichever is less. For ADUs that are accessory to a duplex, this limitation shall apply to the larger of the two duplex units. The accessory dwelling unit shall be compatible with the primary residence. The Zoning Enforcement Officer shall determine if the ADU complies with these provisions and may consult with the Design Review Committee (DRC) to reach such determination.
4.
Any exterior entrance for the ADU shall appear secondary to the primary entrance.
5.
For an upper floor accessory dwelling unit created within a primary dwelling unit, a secondary egress shall either be created within the envelope of the structure or be constructed on the exterior to the rear or side of the primary dwelling unit.
6.
The ADU must comply with all residential occupancy and building permit regulations.
7.
One off-street parking space must be supplied for all ADUs except for ADUs within one-half mile of a commuter rail station or bus station. Parking may be in a driveway or a garage. Construction of a new garage for an ADU shall require a special permit.
8.
ADUs may not be used as short-term rentals, as such term is defined in G.L. c. 64G, § 1 or otherwise rented for a period shorter than 31 days.
3.3 Special Accessory Regulations.
3.3.1.
Size Limitations.
1.
Other than required off-street parking, no accessory use or uses within a building shall occupy more than 25 percent of the floor area devoted to the principal use.
2.
Other than required off-street parking, no accessory use or uses without a building shall occupy more than a combined total of 25 percent of the unbuilt lot area, or of the required rear yard area.
3.
No accessory use shall occupy part of the required front or side yards, except signs as permitted in Winchester Bylaws and in business and industrial districts, and off-street parking as provided in Section 5.1.
3.3.2.
Accessory Buildings.
No separate accessory building shall be erected within 15 feet of any other building. No accessory building shall be erected in any required yard provided, however, one or more accessory buildings may be placed within a required yard within the RDA-20, RDB-10, RDC-15 and RG-6.5 districts if such accessory buildings:
3.3.3.
Parking, Storage, or Use of Major Recreational Equipment.
No major recreational equipment shall, except as hereinafter provided, be parked or stored on any lot in residential and SCI districts except in an enclosed building or in the rear yard, provided however, that such equipment may be parked anywhere on residential premises for not to exceed 24 hours during loading or unloading. For purposes of these regulations, major recreational equipment is defined as including boats and boat trailers, travel trailers, pick-up campers or coaches (designed to be mounted on automotive vehicles), motorized dwellings, tent trailers, and the like and cases or boxes used for transporting recreational equipment, whether occupied by such equipment or not. No such equipment shall be used for living, sleeping, or housekeeping purposes when parked or stored. Where, by reason of unique conditions, the strict application of these regulations would result in peculiar and exceptional practical difficulties, the Board of Appeals may issue a permit to allow the parking or storage of major recreational equipment within a front or side yard.
3.3.4.
Parking and Storage of Unregistered Motor Vehicles.
Unregistered motor vehicles shall not be parked or stored upon any residential zoned property other than within completely enclosed buildings.
3.3.5.
Employment of Nonresidents.
In any residence district, no accessory use shall be permitted which involves or requires the employment of the person who is not resident in the dwelling unit, other than a domestic employee, except an employee of a home occupation.
3.4 Temporary Uses.
3.4.1.
Mobile Homes.
A mobile home may be placed upon the same lot as a residence which has been substantially rendered uninhabitable by fire or other casualty and may thereafter be used and maintained as a single family dwelling, subject to the following limitations:
1.
The mobile home is occupied by the owner or immediately prior occupant of the damaged dwelling house.
2.
Repair or restoration of the damaged dwelling shall commence within six (6) months of such fire or other casualty.
3.
The mobile home shall be removed from such lot upon the sooner of 30 days following the issuance of a Certificate of Occupancy by the Building Commissioner with respect to the repaired dwelling; or one (1) year following the date on which the mobile home was placed upon such lot.
3.5 Nonconforming Uses and Structures.
3.5.1.
Applicability.
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 required by G.L. Chapter 40A, Section 5 at which this Zoning Bylaw, or any relevant part thereof, was adopted. Such prior, lawfully existing nonconforming uses and structures may continue, provided that no modification of the use or structure is accomplished, unless authorized hereunder, subject to the provisions below:
1.
Construction or operations under a building or special permit shall conform to any subsequent amendment of this Bylaw unless the use or construction is commenced within a period of not more than six (6) months after the issuance of the permit and in cases involving construction, unless such construction is continued through to completion as continuously and expeditiously as is reasonable.
3.5.2.
Nonconforming Uses.
The Board of Appeals may grant a special permit to change 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. The following types of changes to nonconforming uses may be considered by the Board of Appeals.
3.5.3.
Nonconforming Structures.
The Board of Appeals may grant a special permit 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. The following types of changes to nonconforming structures may be considered by the Board of Appeals:
3.5.4.
Variance Required.
The reconstruction, extension 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 grant of a variance; provided, however, that the extension of an exterior wall at or along the same nonconforming distance within a required yard shall require the grant of a special permit from the Board of Appeals.
3.5.5.
Nonconforming Single and Duplex Residential Structures.
Nonconforming single and duplex residential structures may be reconstructed, extended, altered, or structurally changed upon a determination by the Building Commissioner that such proposed reconstruction, extension, alteration, or change does not increase the nonconforming nature of said structure. The following circumstances shall not be deemed to increase the nonconforming nature of said structure:
[FTM Art. 4, 11/4/2019; FTM Art. 7, 11/6/2017]
1.
A reconstruction, extension, alteration or change to a structure which complies with all current setback, yard, building coverage, and building height requirements but is located on a lot with insufficient area, where the reconstruction, extension, alteration or change will also comply with all of said current requirements.
2.
A reconstruction, extension, alteration or change to a structure which complies with all current setback, yard, building coverage, and building height requirements but is located on a lot with insufficient frontage, where the reconstruction, extension, alteration or change will also comply with all of said current requirements.
3.
A reconstruction, extension, alteration or change to a structure which encroaches upon one (1) or more required yard or setback areas, where the reconstruction, extension, alteration or change will comply with all current setback, yard, building coverage and building height requirements.
In any other case, the Board of Appeals may, by special permit, allow such reconstruction, extension, alteration, or change where it determines that the proposed modification will not be substantially more detrimental than the existing nonconforming structure to the neighborhood. |
3.5.6.
Abandonment or Nonuse.
A nonconforming use or structure which has been abandoned, or not used for a period of two (2) years, shall lose its protected status and be subject to all of the provisions of this Zoning Bylaw.
3.5.7.
Reconstruction after Casualty or Voluntary Demolition.
A nonconforming structure may be reconstructed after a casualty or after voluntary demolition in accordance with the following provisions:
[FTM Art. 5, 11/6/2017]
1.
Reconstruction of said premises shall commence within two (2) years after such catastrophe or voluntary demolition.
2.
Building(s) may be reconstructed as of right if located on the same footprint as the original nonconforming structure and equal to or less in gross floor area as the original nonconforming structure.
3.
If the proposed reconstruction would (a) cause the structure to exceed the gross floor area of the original nonconforming structure or (b) cause the structure to be located other than on the original footprint, a special permit under Section 9.4.2 shall be required from the Board of Appeals prior to such demolition.
3.5.8.
Reversion to Nonconformity.
No nonconforming use shall, if changed to a conforming use, revert to a nonconforming use.
3.5.9.
Administrative Provisions.
1.
A Certificate of Use and Occupancy shall be obtained in accordance with the provisions of Section 9.1 of this Bylaw in respect of any use or structure permitted under this Section 3.5.
2.
Except as hereinafter provided, any use or structure which may only be maintained under a special permit in the district where located shall not be deemed a nonconforming use but shall be deemed a conforming use. A nonconforming use which has been changed from another nonconforming use by a special permit granted by the Board of Appeals shall be deemed a nonconforming use.
3.
Continuance of Violations Not Authorized.
Nothing in this article shall be interpreted as authorization for or approval of the use of land or a structure in violation of regulations in effect at the date of adoption or amendment of this Bylaw.