1.4 Non-Conformity
A. Continuation of Non-Conforming Uses
Any lawful building or use of a building or premises or part thereof at the time of this by-law or any amendment thereto is adopted may be continued, although such building or use does not conform to the provisions thereof, provided such use has not been discontinued for a period of one year.
B. Change of Non-Conforming Uses
The Board of Appeals shall hear and decided upon application for special permits for extension, change, or alteration of non-conforming structures or uses as provided under Section 6, Chapter 40A of the Massachusetts General Laws. Special permits granted thereunder may be granted only in those cases where a finding is made that such a change, extension, or alteration shall not be substantially more detriment to the neighborhood than the existing use.
Non-conforming structures shall include structures which are otherwise conforming but are located on non-conforming lots. Reconstruction, extension, alteration or structural change to a single- or two-family residential, non-conforming structure may be permitted by the Building Inspector pursuant to Section 1.4.D.
Amended May 21, 1990 - Article 11 and May 19, 2003 - Article 14
C. Temporary Use
The Board of Selectmen may permit a non-conforming temporary building or use incidental to the development of a neighborhood; such permit to be issued for an initial period of not more than one year, and for renewal periods of not more than one year.
D. Reconstruction, extension, alteration or structural change to a single- or two-family residential, non-conforming structure shall be allowed, and shall not require a special permit or variance from the Board of Appeals under Section 1.4B, provided that such reconstruction, extension, alteration or structural change does not increase the non-conforming nature of said structure.
The Inspector of Buildings may determine that reconstruction, extension, alteration or structural change to a single- or two-family residential, non-conforming structure does not increase the non-conforming nature of said structure when:
a.) such change does not intensify the structure's existing nonconformities or result in additional ones, or
b.) It retains the existing footprint and does not increase the envelope of that structure. The "envelope" of a structure shall be the existing outer surfaces of the structure.
Amended May 19, 2003 - Article 29
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