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Chapter 7.1 Section IX Non Conforming Uses, Structures and Lots

A.      APPLICATION:  The provisions of this section apply to nonconforming uses, structures and lots as created by the initial enactment of this bylaw or by any subsequent amendment.  Unless specifically permitted by the provisions of this section, no nonconforming structure or use shall be extended, altered, changed or reconstructed and no non-conforming lot or open space on a lot (yards, setbacks, courts or building area) shall be further reduced or increased so as to be in greater nonconformity unless either (a) it is specifically permitted by the provisions of this section, or (b) the Zoning Board of Appeals grants a special permit therefor after finding that it is not substantially more detrimental to the neighborhood than the existing nonconforming structure, use, lot or open space.


l.      Any nonconforming structure may be altered or extended and the conforming use extended throughout the altered or extended portions provided that any resultant alteration or extension shall not cause the structure to violate the applicable provisions of Tables 2 through 5 inclusive of this bylaw relative to the district in which the structure is located.

2.      Any nonconforming structure or portion thereof or any non-conforming lot which has come into conformity shall not again become nonconforming.

C.      RESTORATION:  Any nonconforming structure partially or totally destroyed by fire or any catastrophe, may be restored to the original use and bulk of the original structure within 2 years of the occurrence of such fire or catastrophe.  Restoration after 2 years of the date of such fire or catastrophe shall not be permitted except in accordance with the use, yard, height and bulk regulations of the bylaw.

D.      ABANDONMENT:  Any nonconforming use of a structure or lot which has been the subject of abandonment shall not be used again except for a conforming use.

E.      UNSAFE STRUCTURE:  Any structure determined to be unsafe (by causes other than fire or catastrophe) may be restored to a safe condition. Such work on any nonconforming Structure shall be completed within one year of the determination that the structure is unsafe; and it shall not place the structure in greater nonconformity.  If the cost to restore  any  structure shall exceed 50 percent of its physical replacement value, it shall be reconstructed only as a conforming structure and used only for a conforming use.

Town of Holden 1204 Main Street, MA 01520
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