This bylaw and any amendment thereto shall not apply to structures or uses lawfully in existence or lawfully begun, or to a building or special permit issued before the first publication of notice of the public hearing on this bylaw or amendment, but shall apply to any change or substantial extension of use, to a building or special permit issued after the first notice of said public hearing, to any reconstruction, extension or structural change of such structure and to any alteration of a structure begun after the first notice of said public hearing to provide for its use for a substantially different purpose or for the same purpose in a substantially different manner or to a substantially greater extent except where alteration, reconstruction, extension or structural change to a single or two family residential structure does not increase the nonconforming nature of said structure.

This zoning bylaw shall not apply to structures or uses lawfully in existence or lawfully begun, or to a building or special permit issued before the first publication of notice of the public hearing on such bylaw required under G.L. c. 40A, s. 5 at which this zoning bylaw, or any relevant part thereof, was adopted. Such prior, lawfully existing nonconforming uses and structures may continue, provided that no modification of the use or structure is accomplished, unless authorized hereunder.

1. Nonconforming Uses. The Zoning Board of Appeals may grant a special permit to change or substantially extend a nonconforming use in accordance with this section only if it determines that such change or extension shall not be substantially more detrimental to the neighborhood than the existing nonconforming use. The following types of changes to nonconforming uses may be considered by the Zoning Board of Appeals:

a. Substantial extension of the use;

b. Change from one nonconforming use to another, less detrimental nonconforming use.

Pre-existing nonconforming uses may be extended or altered provided that there is a finding by the Zoning Board of Appeals that the extension or alteration shall not be substantially more detrimental to the neighborhood than the existing nonconforming use.

2. Nonconforming Structures Other than Single and Two Family Structures. The Board of Appeals may grant a special permit to reconstruct, extend, alter, or change a nonconforming structure in accordance with this section if it determines that such reconstruction, extension, alteration, or change shall not be substantially more detrimental to the neighborhood than the existing nonconforming structure. The following types of changes to nonconforming structures may be considered by the Board of Appeals:

a. Reconstructed, extended or structurally changed;

b. Altered to provide for a substantially different purpose or for the same purpose in a substantially different manner or to a substantially greater extent;

The reconstruction, extension or structural change of such nonconforming structure so as to increase an existing nonconformity, or create a new nonconformity, including the extension of an exterior wall at or along the same nonconforming distance within a required yard, shall require the issuance of a variance from the Zoning Board of Appeals.

3. Nonconforming Single and Two Family Structures. Nonconforming single and two family residential structures may be reconstructed, extended, altered, or structurally changed upon a determination by the Inspector of Buildings that such proposed reconstruction, extension, alteration, or change does not increase the nonconforming nature of said structure. The following circumstances shall not be deemed to increase the nonconforming nature of said structure:

a. Alteration to a structure which complies with all current setback, yard, building coverage, and building height requirements but is located on a lot with insufficient area, where the alteration will also comply with all of said current requirements.

b. Alteration to a structure which complies with all current setback, yard, building coverage, and building height requirements but is located on a lot with insufficient frontage, where the alteration will also comply with all of said current requirements.

c. Alteration to a structure which encroaches upon one or more required yard or setback areas, where alteration will comply with all current setback, yard, building coverage and building height requirements (the provisions of this clause shall apply regardless of whether the lot complies with current area and frontage requirements).

d. Alteration to the side or face of a structure which encroaches upon a required yard or setback area, where the alteration will not encroach upon such area to a distance greater than the existing structure (the provisions of this clause shall apply regardless of whether the lot complies with current area and frontage requirements).

e. Alteration to a nonconforming structure which will not increase the footprint of the existing structure provided that existing height restrictions shall not be exceeded.

In the event that the Inspector of Buildings determines that the nonconforming nature of such structure would be increased by the proposed reconstruction, extension, alteration, or change, the Zoning Board of Appeals may, by special permit, allow such reconstruction, extension, alteration or change upon its determination that the proposed modification will not be substantially more detrimental to the neighborhood than the existing nonconforming structure.

4. Abandonment or Non-use. A nonconforming use or structure which has been abandoned, or not used for a period of two years, shall lose its protected status and be subject to all of the provisions of this bylaw.

5. Reconstruction. Any nonconforming structure may be reconstructed after a fire, explosion or other catastrophe, provided that such reconstruction is completed within twenty-four months after such catastrophe, and provided that the building(s) as reconstructed shall be only as great in volume or area as the original nonconforming structure unless a larger volume or area is authorized by special permit from the Zoning Board of Appeals. Such time for reconstruction may be extended by the Zoning Board of Appeals for good cause. The time period for reconstruction of structures to which the demolition delay has been applied by the Ipswich Historical Commission shall be extended by a time period equivalent to the length of the delay, up to a maximum of twelve (12) months, without requiring approval from the Zoning Board of Appeals. (Amended by 10/20/08 Special Town Meeting; approved by Attorney General 1/28/09)

6. Reversion to Nonconformity. No nonconforming use shall, if changed to a conforming use, revert to a nonconforming use. (Subsection B replaced through 6. in its entirety by 10/16/00 Special Town Meeting; approved by Attorney General 3/8/01.)

7. Compliance with Other Special Permit Requirements. The granting of a special permit for expanding or altering nonconforming uses or nonconforming structures other than single and two family structures as authorized herein does not supersede any other special permit requirements for such use or structure as indicated in the Table of Use Regulations or elsewhere in this bylaw. (Added by 10/20/03 Special Town Meeting; approved by Attorney General 1/22/04)

Municipal construction projects shall comply with all the requirements of this Protective Zoning bylaw, as amended, before the Town shall grant a building permit. No variation from the provisions of this bylaw shall be allowed unless and until the municipality has obtained any and all variances and/or special permits as may be required in accordance with the provisions set forth elsewhere herein. For the purposes of this subsection, a municipal construction project means any development project, including demolition, building, construction, alteration, installation or addition, undertaken by the municipality directly by or through any agency, authority, department, division, or subset thereof. (Added by 10/20/97 Special Town Meeting; approved by Attorney General 2/10/98)