SECTION VI: EXEMPTIONS
See also Aquifer Protection District (Sect. IV L) Floodplain District (Sect. IVM), and River Protection District (IV P).
A. Non-conforming Uses, Structures, and Lots
- [In brief summary, MGL 40A, Sec. 6 provides that uses, structures, and lots which do not conform to the provisions of this By-Law are exempt from such provisions if they were lawfully in existence when the provisions went into effect. Any substantial alteration, extension, or change of such a preexisting non-conforming use or structure requires a special permit. The only required finding is that the new use or structure would not be substantially more detrimental to the neighborhood than the existing one. In granting special permit under this section, the SPGA may impose such conditions, safeguards, and limitations on time or use as it deems needed to insure that the new use of structure will not be substantially more detrimental. Non-conforming buildings destroyed by fire may be rebuilt on the same site without special permit. For full details see MGL 40A, Sec. 6.]
- For the purposes of this By-Law, any alteration, reconstruction, extension, or structural change in a lawfully
- Exemption under MGL 40A, Sec. 6 shall lapse if a non-conforming use or structure is abandoned or discontinued for two years of more.
- Construction or operations under a building or special permit shall conform to any subsequent amendment of this By-Law, except as provided in MGL 40A Sec.6 par. 2.
Non-conforming single or two-family house which is within the existing footprint of the house, or which itself is conforming, shall be deemed not to increase the nonconforming nature of the house. (Amended 5/13/1995)
(Above numbers changed 5/13/1995)