SECTION 5.0 NON-CONFORMING USES AND STRUCTURES

5.1 APPLICABILITY. This By-law 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. c. 40A, s. 5 at which this By-law, or any relevant part thereof, was adopted. Such prior, lawfully existing non- conforming uses and structures may continue, provided that no modification of the use or structure is accomplished, unless authorized hereunder.

5.2 NON-CONFORMING USES. The Board of Appeals may award a special permit to change a non-conforming use in accordance with this section only if it determines that such change or extension shall not be substantially more detrimental than the existing non-conforming use to the neighborhood. The following types of changes to non-conforming uses may be considered by the Board of Appeals:

5.2.1 Change or substantial extension of the use;

5.2.2 Change from one non-conforming use to another, less detrimental, non-conforming use.

5.3 NON-CONFORMING STRUCTURES. The Board of Appeals may award a special permit to reconstruct, extend, alter, or change a non-conforming 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 non- conforming structure to the neighborhood. The following types of changes to non- conforming structures may be considered by the Board of Appeals:

5.3.1 Reconstructed, extended or structurally changed;

5.3.2 Altered to provide for a substantially different purpose or for the same purpose in a substantially different manner or to a substantially greater extent;

5.4 VARIANCE REQUIRED. Except as provided in Section 5.5, below, the reconstruction, extension or structural change of a non-conforming structure in such a manner as to increase an existing non-conformity, or create a new non-conformity, shall require the issuance of a variance from the Board of Appeals; provided, however, the extension of an exterior wall at or along the same non-conforming distance within a required yard, shall require the issuance of a special permit from the Board of Appeals.

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5.5 NON-CONFORMING SINGLE AND TWO FAMILY RESIDENTIAL STRUCTURES. Non-conforming single- and two-family 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 non-conforming nature of said structure and provided that the square footage of the non-conforming structure is not increased by more than twenty- five percent (25%). The following circumstances shall not be deemed to increase the non-conforming nature of said structure:

5.5.1 Insufficient Area. Alteration to a structure located on a lot with insufficient area which complies with all current setback, yard, building coverage, and building height requirements;

5.5.2 Insufficient Frontage. Alteration to a structure located on a lot with insufficient frontage which complies with all current setback, yard, building coverage, and building height requirements;

5.5.3 Other Encroachment. Alteration to a structure which encroaches upon one or more required yard or setback areas, where the alteration will comply with all current setback, yard, building coverage and building height requirements.

5.5.4 Exceptions Do Not Apply. In the event that the Building Commissioner determines that the above exceptions do not apply, 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 non-conforming structure to the neighborhood. For the purposes of this subsection, the term “reconstruction” shall not mean the total demolition and rebuilding of the premises, which is governed by subsection 7, below.

5.6 ABANDONMENT OR NON-USE. A non-conforming 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 By-law; provided, however, that the Board of Appeals, by the grant of a special permit, may authorize the reestablishment of a non- conforming use or structure where such reestablishment shall not result in substantial detriment to the neighborhood.

5.7 RECONSTRUCTION AFTER CATASTROPHE OR DEMOLITION. A non-conforming single family or two-family structure may be reconstructed after a catastrophe or after voluntary demolition in accordance with the following provisions:

5.7.1 Reconstruction of said premises shall commence within two years after such catastrophe or demolition.

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5.7.2 Building(s) as reconstructed shall be located on the same footprint as the original non-conforming structure, shall be only as great in volume or area as the original non- conforming structure.

5.7.3 In the event that the proposed reconstruction would (a) cause the structure to exceed the volume or area of the original non-conforming structure or (b) cause the structure to be located other than on the original footprint, a special permit shall be required from the Board of Appeals prior to such demolition.

5.8 REVERSION TO NON-CONFORMITY. No non-conforming use shall, if changed to a conforming use, revert to a non-conforming use.

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