SECTION IV.E. Nonconforming Structures.
Uses and Lots
(August 25, 1989; May 1, 1993)
1. Exemptions Except as herein provided, this bylaw shall not apply to:
a. Structures and uses lawfully in existence prior to the effective date of the bylaw.
b. A structure lawfully begun under a building permit or special permit issued before the first publication of notice of the required public hearing by the Planning Board on the applicable zoning bylaw or amendment.
c. The alteration, reconstruction, extension or structural change to an existing nonconforming one-family or two-family dwelling provided such change does not increase the nonconforming nature of such structure as determined by the Zoning Board of Appeals.
d. The expansion or reconstruction of existing structures for the primary purpose of agriculture, horticulture, viticulture or floriculture.
e. Nonconforming lots of record and lots shown on a plan endorsed by the Planning Board under the Subdivision Control Law are exempt from the provisions of this bylaw to the extent and as provided in Section 6, Chapter 40A of the General Laws.
2. Requirements for Extension, Alteration, Reconstruction of a Structure or a Change in Use
a. The Inspector of Buildings may authorize a building permit as a matter of right for any extension, alteration or reconstruction of an existing nonconforming one-family dwelling or of an existing one-family dwelling on a nonconforming lot provided:
1. Such change, as well as the existing structure, shall meet all setback requirements in effect at the time of application;
2. Such change would not increase the height of the existing structure with reference to the existing structure’s highest point;
3. Such permit application does not involve a lot containing a multi-family dwelling nor more than one dwelling.
b. In cases where a building permit is not authorized as a matter of right, the Zoning Board of Appeals may authorize by Special Permit any extension, alteration or reconstruction of an existing nonconforming single or two-family dwelling or of an existing single or two-family dwelling on a nonconforming lot provided the Zoning Board of Appeals finds that such change would not increase the nonconforming nature of the structure, lot, and/or use.
c. In all other cases, the Zoning Board of Appeals may authorize by Special Permit any extension, alteration, construction or reconstruction of an existing nonconforming structure or of a structure on a non-conforming lot or of a structure used in a nonconforming manner to provide for its use for a substantially different purpose or for the same purpose in a substantially greater extent, provided that any such change:
1. Shall not be substantially more detrimental to the neighborhood than the existing nonconforming structure or use;
2. Would not significantly increase the incidence of air, steam, or water pollution, odor, glare, electrical interference, noises, traffic, or night operation according to the findings of the Zoning Board of Appeals after consideration of any recommendations from the Planning Board, the Conservation Commission and the Board of Health.
3. Would result in a structure no more than 25% greater in total habitable square footage than the structure as it was at the time it first became nonconforming. Total habitable square footage shall not include an unenclosed deck, unfinished basement, or unfinished attic.
4. Shall be subject to reasonable conditions, safeguards or limitations as imposed by the Zoning Board of Appeals so as to lessen any possible adverse impact on adjacent properties and the general neighborhood. And
5. Shall comply with all other applicable provisions of this bylaw.
d. If any nonconforming use of any building, structure and/or land is changed to a conforming use, it shall not thereafter be put into any conforming use.
3. Reconstruction of Structure Damaged by Fire or Other Catastrophe Any pre-existing nonconforming structure or use may be rebuilt or reestablished within two (2) years if damaged or destroyed by fire or other catastrophe provided the rebuilt or reestablished structure shall not be in greater nonconformity with the provisions of this bylaw, and provided a building permit is obtained. If more than two (2) years pass from the time of damage, a Special Permit must be obtained before said structure or use may be rebuilt or reestablished. Such rebuilt or reestablished structure may be enlarged or changed in use only in accordance with the provisions of Section IV-E (2) herein.
4. Abandonment Any nonconforming use which has been abandoned or not used for two years or more shall not be reestablished, and any future use of such premises shall conform to the provisions of the bylaw.
5. Maintenance; Repair and Reconstruction of Unsafe Structure Nothing in this bylaw shall be deemed to restrict the normal maintenance and repair on nonconforming structures or prevent reconstruction to a safe condition of any structure or part thereof declared to be unsafe by any official charged with protecting the public safety.
Monterey Zoning Bylaws 2006 Edition. Not an official copy. Please contact the Town Clerk’s office for an official copy.
| 
