Land Use & Zoning
Massachusetts Chapter 40A §6 protects 'pre-existing nonconforming' structures and uses. A structure that was legally built under former zoning but no longer conforms to current zoning requirements may generally be:
AExpanded to any size as long as it remains the same use
BContinued but not substantially extended, expanded, or changed to a different nonconforming use without a special permit✓ Correct
CImmediately demolished by the municipality
DConverted to any commercial use without restriction
Explanation
Under Massachusetts Chapter 40A §6, pre-existing nonconforming structures and uses are protected and may continue. However, substantial extension, expansion, or change to a different nonconforming use requires a special permit from the Zoning Board of Appeals.
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