6.1 APPLICATION:
6.1.1 No land, building or structure shall be used or occupied in the Town except in conformance with the standards contained herein.
6.2 NON-CONFORMING USES AND STRUCTURES:
6.2.1 Applicability:
6.2.1.1 This zoning 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 zoning by-law, or any relevant part thereof, was adopted. Such prior, lawfully existing nonconforming uses and structures may continue, provided there is no modification of the use or structure unless authorized hereunder.
6.2.2 Nonconforming Uses:
6.2.2.1 The Board of Appeals may grant a “Section 6 special permit” to change from one nonconforming use to another, less detrimental, nonconforming use. A “Section 6 special permit” may not be granted for any other change of use, nor for a substantial extension of a use.
6.2.3 Nonconforming Structures Other Than Single or Two Family Residential Structures:
(a) The Board of Appeals may award a “Section 6 special permit” to reconstruct, extend or structurally change a nonconforming structure in accordance with this section if it determines that such reconstruction, extension, alteration, or change shall not be substantially more detrimental than the existing nonconforming structure to the neighborhood. A Section 6 special permit may not be granted to alter a structure to provide for a substantially different purpose or for the same purpose in a substantially different manner or to a substantially greater extent. Provided further, however that:
(i) 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, including the extension of an exterior wall at or along the same nonconforming distance within a required yard, shall require the issuance of a variance from the Board of Appeals; and
(ii) The granting of a Section 6 special permit to reconstruct, extend or structurally change a nonconforming structure in accordance with this section does not eliminate nor diminish any requirement to obtain a special permit otherwise required for the proposed structure.
6.2.4 Nonconforming Single and Two Family Residential Structures:
In the following circumstances, alteration, reconstruction, extension or structural change to a single or two-family residential structure shall not be considered an increase in the non-conforming nature of the structure and shall be permitted as of right:
(a) alteration to a structure located on a lot with insufficient area, but which complies with all current setback, yard, building coverage, and building height requirements (“current requirements”), where the alteration will also comply with all said current requirements. (This clause shall apply regardless of whether the lot complies with the current frontage requirement).
(b) alteration to a structure located on a lot with insufficient frontage, but which complies with all current setback, yard, building coverage, and building height requirements (“current requirements”), where the alteration will also comply with all of said current requirements. (This clause shall apply regardless of whether the lot complies with the current area requirement).
(c) 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 (This clause shall apply regardless of whether the lot complies with the current area and frontage requirements).
(d) alteration to the side or face of a structure which encroaches upon a required yard or setback area, where the alteration will not encroach upon such area to a distance greater than the existing structure, and will comply with all other current setback requirements and all yard, building coverage and building height requirements (This clause shall apply regardless of whether the lot complies with the current area and frontage requirements).
(e) alteration to a nonconforming structure which will not increase the footprint of the existing structure provided that existing height restrictions shall not be exceeded.
In the event that the Building Inspector determines that the proposed alteration does not meet the requirements of subsections (a)-(e) above (“above subsections”) so as not to permitted as of right, the applicant may:
(i) Appeal said determination of the Building Inspector to the Board of Appeals pursuant to Section 7.6.1, on the basis that said proposed alteration is permitted as of right pursuant to one of the above subsections (a - e); and/or
(ii) Apply to the Board of Appeals for a Section 6 special permit based on a finding by the Board that the proposed alteration does not increase the nonconforming nature of said structure, despite the fact that the proposed alteration is not permitted as of right pursuant to one of the above subsections; and/or
(iii) Apply to the Board of Appeals for a Section 6 special permit based on a finding by the Board that the proposed alteration shall not be substantially more detrimental than the existing nonconforming structure to the neighborhood.
6.2.5 Abandonment or Non-Use:
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 the Zoning Bylaws, unless the Board of Appeals grants a Special Permit for reestablishment, subject to the provisions of Section 7.4, including, but not limited to the attachment of conditions regarding calendar time period, extent of use, hours of operation, outdoor storage, lighting, parking or similar controls.
6.2.6 Reconstruction after Catastrophe:
A nonconforming structure may be reconstructed after a catastrophe in accordance with the following provisions:
1. Reconstruction of said premises shall commence within two (2) years after such catastrophe.
2. Structures as reconstructed shall:
(a) be only as great in volume and area as the original nonconforming structure; and
(b) be located on the same footprint as the non-conforming structure or otherwise meet all applicable requirements for yards, setback, and height;
(c) a structure of greater volume and/or area may be authorized pursuant to the applicable process(es) set out above for the expansion of a non-conforming use and/or structure.
6.2.7 Reversion to Nonconformity:
No nonconforming use shall, if changed to a conforming use, revert to a nonconforming use. (10-27-03, Art. 12)
State law reference—G.L. c. 40A, Sec.~6.
| 
