Braintree |
Code of Ordinances |
Zoning Ordinances |
Chapter 135. Zoning Ordinances |
Article IV. Nonconforming Structures and Uses; Variances |
§ 135-403. Alterations or reconstruction of nonconforming structures or uses.
Latest version.
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A.Preexisting nonconforming structures and structures containing a nonconforming use may be extended or altered only if there is a finding by the Zoning Board of Appeal (permit granting authority) that such extension or alteration shall not be substantially more detrimental to the neighborhood than the existing nonconforming structure or use. The proposed extension or structural change must itself comply with the Zoning Bylaw.B.In the event a nonconforming structure or a building or structure containing a nonconforming use is damaged or destroyed in whole or in part by fire or other casualty, it may within two years of the date of the demolition permit be replaced by a building or structure to be used for the same purpose as the one destroyed. The building or structure reconstructed shall not exceed in cubic content or footprint that of the original building. The use resumed shall begin within one year of the completion of such replacement or reconstruction. "Original building or structure," for the purpose hereof, shall be deemed to be the building or structure legally existing at the time of destruction.C.Nonconforming one- and two-family dwellings shall be allowed, as a matter of right, extensions or structural changes which meet all current zoning requirements for setbacks, building coverage, lot coverage, height and use for a district in which they are located.[Amended 5-3-1993 ATM by Art. 38]
Amended 5-3-2005 STM by Art. 27