If the Building Commissioner determines that proposed alteration, extension or change exceeds the one
or more of the criteria set forth above, the Zoning Board of Appeals may, by finding, allow such
alteration, extension or change where it determines that the proposed modification will not be
substantially more detrimental than the existing nonconforming structure to the neighborhood. For the
purposes of this subsection only, the term “reconstruction” shall not include the voluntary demolition
of such structure and its rebuilding. See Section 5.7. 5.6 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 zoning by-law; provided, however, that by special permit the Zoning Board of Appeals may
reestablish a nonconforming use or structure otherwise abandoned or not used. 5.7 RECONSTRUCTION AFTER CATASTROPHE OR DEMOLITION. Any nonconforming
structure, other than a nonconforming single or two-family dwelling governed by Section 5.5, may be
reconstructed after a catastrophe or after demolition in accordance with the following provisions. 5.7.1 Procedures. 1. Reconstruction of said premises shall commence within two years after such
catastrophe or demolition. 2. Building(s) reconstructed as of right shall be located on the same footprint as the
original nonconforming structure and shall be only as great in volume or area as
the original nonconforming structure. 3. In the event that the proposed reconstruction would (a) cause the structure to
exceed the volume or area of the original nonconforming structure or (b) cause
the structure to be located other than on the original footprint, a special permit
5-2
from the Board of Appeals shall be required. 5.8 REVERSION TO NONCONFORMITY. No nonconforming use shall, if changed to a conforming
use, revert to a nonconforming use. 5.9 SUBSTANDARD LOTS.