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Section 45

Section 45 Housing Production - As of Right Extensions for Nonconforming Lots 3

Said section 6 of said chapter 40A is hereby further amended by striking out the second and third paragraphs, as so appearing, and inserting in place thereof the following 2 paragraphs:-
A zoning ordinance or by-law shall provide that construction or operations under a building permit shall conform to any subsequent amendment of the ordinance or by-law unless the use or construction is commenced not more than 24 months after the issuance of the last permit necessary for construction and, in cases involving construction, unless such construction is continued through to completion as continuously and expeditiously as is reasonable. The 24-month period shall be tolled during any time the applicant is actively seeking or obtaining other necessary permits. Construction or operations under a special permit issued pursuant to section 9 or site plan approval pursuant to the local ordinance or by-law shall conform to any subsequent amendment of the zoning ordinance or by-law or of any other local land use regulations unless the use or construction is commenced within a period of 3 years after the issuance of the special permit or site plan approval and, in cases involving construction, unless such construction is continued through to completion as continuously and expeditiously as is reasonable. For the purpose of the preceding sentence, construction involving the redevelopment of previously disturbed land shall be deemed to have commenced upon substantial investment in site preparation or infrastructure construction, and construction of developments intended to proceed in phases shall proceed expeditiously, but not continuously, among phases.
A zoning ordinance or by-law may define and regulate nonconforming uses and structures abandoned or not used for a period of 4 years or more.