This chapter is adopted under the authority
granted by the provisions of the Zoning Act, MGL C. 40A, as amended,
and by Article 89 of the amendments to the Massachusetts Constitution
(the "Home Rule Amendment").
[Amended 5-17-2022 ATM, Art. 38]
The purposes of this chapter are to promote
the health, safety, convenience and general welfare of the inhabitants
of the Town of Williamstown; to promote a diverse and affordable mix
of housing types; to protect and conserve the value of property within
the Town; to preserve and increase the beauty and amenities of the
Town; to conserve, insofar as possible, natural conditions and to
secure safety from fire, congestion or confusion, by encouraging the
most appropriate uses of land within the Town in accord with the objectives
expressed in Section 2A of Chapter 808 of the Acts of 1975 and the
provisions of Chapter 40A of the General Laws of the Commonwealth
of Massachusetts.
A.
Basic requirement. Any building or structure or use
of a building, structure or land or part thereof may be constructed,
altered, enlarged, repaired or moved, occupied and used only in conformity
with the provisions of this chapter and MGL C. 40A.
B.
Reconciling conflicting bylaws. Where this chapter
imposes a greater restriction upon the use, height and the area of
structures or the use of premises than is imposed by other bylaws,
the provisions of this chapter shall control.
A.
Applicability. Except as herein provided, provisions
of this chapter shall not apply to the following:
(1)
Lawfully preexisting structures and uses. Structures
and uses lawfully in existence prior to the effective date of the
provision in question.
(2)
Prior building permit or special permit. Structures
and uses lawfully begun under a building or special permit issued
prior to the first publication of notice of the required public hearing
by the Planning Board on the applicable zoning bylaw or amendment,
provided that such construction or use is commenced within six months
after the issuance of the permit, and in the case of construction,
completed within two years thereafter.
(3)
Dwelling change.
(a)
The alteration, extension, structural change,
or reconstruction of a lawfully preexisting nonconforming single-
or two-family dwelling, provided that such alteration, extension or
structural change does not increase the nonconforming nature of such
dwelling.
[Amended 8-18-2020 ATM, Art. 31]
(b)
For the purpose of this section, the following
activities are deemed not to increase the nonconforming nature of
the dwelling. Such changes are permitted by right, subject to the
issuance of a building permit:
(4)
Nonconforming lots.
(a)
Preexisting lots. Nonconforming lots recorded
in the Registry of Deeds and lots shown on a plan endorsed by the
Planning Board under the Subdivision Control Law[1] are not subject to later adopted provisions, to the extent
and as provided by MGL C. 40A, § 6.
[1]
Editor's Note: See MGL c. 41, §§ 81-A
through 81-GG.
(b)
Reestablishment of nonconforming lot (infill
housing).
[1]
A legally created nonconforming lot not qualifying
for the above Section 6 exemptions may be separated in ownership from
adjacent lots and then developed for a single-family residence, if
authorized on special permit granted by the Board of Appeals.
[2]
Decision on a special permit for such separation and building shall be based upon the following, rather than the more general criteria of § 70-8.4D. Such special permit shall be granted if the Board determines that each lot will have access and utility service comparable to that serving nearby developed premises, and no congestion or health or safety limitations would be created by development, subject to such conditions as the Board may impose, which conditions shall include that any subsequent construction shall provide yards of dimensions no smaller than those prevailing in the vicinity.
B.
Alteration of nonconforming structures. Any nonconforming structure may be altered, provided that the Board of Appeals grants a special permit, following its determination that the alteration is not substantially more detrimental to the neighborhood, applying the criteria of § 70-8.4D. A special permit is not required for any nonconforming structure whose only nonconformity is height and whose use is exempt, within the meaning of MGL c. 40A, § 3.
[Amended 5-18-1999 ATM, Art. 29]
C.
Extension of nonconforming structures and uses.
(1)
Structures. A nonconforming structure may be extended,
provided that:
(a)
The extension complies with the dimensional
requirements of the chapter of the underlying zoning district, and
(b)
The Board of Appeals grants a special permit following its determination that the extension is not substantially more detrimental to the neighborhood, applying the criteria of § 70-8.4D.
(c)
A special permit is not required for any nonconforming
structure whose only nonconformity is height, and whose use is exempt,
within the meaning of MGL c. 40A, § 3.
[Added 5-18-1999 ATM, Art. 29]
(2)
Single- or two-family dwelling. A nonconforming single- or two-family dwelling which does not comply with (a) yard requirements, or (b) building requirements, may be extended provided that the Zoning Board of Appeals grants a special permit following its determination that such extension would not be substantially more detrimental to the neighborhood than the existing dwelling, applying the criteria of § 70-8.4D.
[Added 5-15-2001 ATM, Art. 22;[2] amended 8-18-2020 ATM, Art.
31]
[2]
Editor's Note: This article also renumbered
former Subsection C(2) as C(3).
D.
Change of use.
(1)
A nonconforming use may be changed to a different nonconforming use, provided that the Board of Appeals grants a special permit, following its determination that the new use is not substantially more detrimental to the neighborhood than the existing use, applying the criteria of § 70-8.4D.
(2)
The newly changed use shall be considered to be the
nonconforming use, and the previous nonconforming use shall not be
reestablished.
E.
Restoration.
(1)
Limitation. A structure which has been damaged or
destroyed by fire or other accidental or natural causes may be restored
to its original condition, regardless of any nonconformity of the
structure or its use, but only provided that either such work is started
within 12 months of the damage and completed within two years of the
date of the damage.
(2)
Original condition. For these purposes, "original
condition" means conforming to the original footprint, no more than
a 10% increase above the cubage of the original building, and no increase
in nonconformance with yard requirements.
F.
Other nonconformancies.
(1)
Noncompliance with current site development requirements,
such as parking, landscaping and lighting standards, does not make
the premises nonconforming in use or structure. Therefore, changes,
extensions or alterations to existing uses and structures do not require
a special permit simply because of such site development noncompliance.
(2)
Any increase in the extent of noncompliance in site
development may be allowed only on special permit. Such special permit
shall be granted, provided that the Board of Appeals determines that
the proposed increase is not substantially more detrimental to the
neighborhood than the existing condition.
(3)
In the Village Business Districts, for properties whose buildings abut Spring Street, no special permit shall be granted to increase parking nonconformities that exist due to insufficient number of parking spaces, except when the Board of Appeals finds that, in addition to the criteria of § 70-8.4D virtually all of the use's parking needs would be created after 6:00 p.m.
G.
Abandonment of nonconforming use.
(2)
Evidence of abandonment. In the administration of Subsection G(1)(b) above, evidence of discontinuance or abandonment shall be:
(a)
Bringing the use or other nonconformity into
compliance with this chapter.
(b)
Ceasing to be open for the conduct of business
for a period of six continuous months, and one or more of the following:
[1]
Removal of customary equipment, fixtures or
supplies for the operation of the use.
[2]
Disconnecting electrical, gas or other utility
service.
[3]
Failure to provide for operation in cold weather,
such as ceasing to heat the building at normal levels required by
health regulations or failing to provide snow removal.
[4]
Issuance of a notice of an unsafe structure
by the Building Commissioner.
[Amended 5-19-2015 ATM,
Art. 38]
H.
Change of ownership. The rights of a nonconforming
use, structure, lot development or parking area are not affected by
a change in ownership, tenancy or management unless such ownership,
tenancy or management is specifically a condition of the issuance
of a permit.
