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1985-1988-ZONING BY-LAWS
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1985-1988-ZONING BY-LAWS
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Mashpee_Meeting Documents
Board
ZONING BY-LAWS
Meeting Document Type
Minutes
Meeting Date
12/31/1988
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SECTION 5 : <br /> NON-CONFORMING BUILDINGS AND USES <br /> 5. 1 Any lawful use of any structure or land or both may be <br /> continued although not conforming with the provisions <br /> of this By-Law, but no such lawfully non-conforming <br /> use or structure shall be changed , intensified , <br /> extended or enlarged in any manner except as permitted - <br /> by the Board of Appeals and such permission shall be <br /> based on the same conditions as set forth in Section <br /> 6 .2 of this By-Law and further provided the board <br /> finds there is adequate land area to provide <br /> sufficient parking and setbacks as may be required , <br /> and further provided that the board finds that such <br /> change , intensification , extension or enlargement <br /> shall not be substantially more detrimental than <br /> the existing non-conforming use to the neighborhood . <br /> 5.2 If any non-conforming use of any structure or land or <br /> both is changed to a conforming use ..it shall not <br /> thereafter be put into any non-conforming use. <br /> 5.3 If any non-conforming development or use of land or of <br /> a building be discontinued for a period of not less <br /> than twenty-four (24) consecutive months , which in <br /> the terms of this By-Law shall be evidence of <br /> abandonment of a non-conforming usage , such land or <br /> building shall thereafter be used or developed only in <br /> accordance with the terms of this Zoning By-Law for <br /> the zoning district in which such property is located . <br /> 5.4 Any non-conforming building or structure destroyed or <br /> damaged by fire , flood , lightning , wind or otherwise <br /> may be rebuilt , subject to approval of the Board of <br /> Appeals subject to the same conditions as set forth in <br /> section 6 .2 of this By-Law. <br /> 5.5 Non-Conforming Lots : Non-Conforming lots may be <br /> Te—TeFo—ped as allowed by M. G. L. Chapter 40A, Section <br /> 6 'or in conformance with the following : <br /> i ! <br /> 5.5. 1 Definitions , for the purpose of this section : <br /> i <br /> Non-Conforming Lots : A lot which was lawfully laid <br /> out by a plan or eed duly recorded in the Registry of <br /> Deeds which complied with all zoning requirements , if <br /> any , in effect at the time of recording , but which , <br /> through subsequent adoption or amendment of a zoning <br /> by-law imposing minimum area , frontage , width , depth <br /> or yard requirements , or more than one such <br /> requirement , in excess of those in effect at the time <br /> of recording , no longer meets the requirements of <br /> this by-law with regard to those items . <br /> 5 - 1 <br />
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