Town of Medfield, MA Article 9 Nonconforming Uses, Structures and Lots

§ 300-9.1 Application of nonconformity.

A. The provisions of this Article shall apply to all districts as established in this Bylaw and as amended.

B. Construction or operations under a building or special permit shall conform to any subsequent amendment of the Bylaw unless the use or construction is commenced within a period of not more than six months after the issuance of the permit and, in cases involving construction, unless such construction is continued through to completion as continuously and expeditiously as reasonable.

C. Change, extension or alteration of nonconforming structures.

[Added 4-27-2015 ATM by Art. 32]

(1) The Building Commissioner may permit a proposed extension, alteration, or change to a preexisting nonconforming single- or two-family dwelling, if he or she determines that there will be no increase to the nonconforming nature of said structure. A proposed extension, alteration, or change shall be deemed not to increase the nonconforming nature of said structure if:

(a) The structure is located on a lot with insufficient area, frontage, width, depth, or perfect square but the proposed extension, alteration, or change complies with all other current requirements of the Table of Area Regulations and the Table of Height and Bulk Regulations.[1]

[1] Editor's Note: The Tables of Area Regulations and Height and Bulk Regulations are included as attachments to this chapter.

(b) The structure already encroaches upon one or more required yard or setback areas, but the proposed extension, alteration, or change will comply with the appropriate setbacks for the proposal and all other current setback, yard and building height requirements that the original lot complied with.

(2) Any proposed extension, alteration, or change to a preexisting nonconforming single-, or two-family dwelling that the Building Commissioner determines will increase the nonconforming nature of such structure shall require the granting of a special permit from the Board of Appeals. The Board of Appeals may grant a special permit if it determines that such extension, alteration, or change will not be substantially more detrimental to the neighborhood than the existing nonconforming structure.

(3) Other preexisting nonconforming structures may be extended, altered or changed upon the granting of a special permit from the Board of Appeals if the Board of Appeals finds that such extension, alteration or change will not be substantially more detrimental to the neighborhood than the existing nonconforming building or structure.

§ 300-9.2 Extension and alteration.

A. A nonconforming use shall not be extended except for agriculture, horticulture or floriculture.

B. A nonconforming lot that has no structure shall not be extended except for agriculture, horticulture or floriculture.

C. A nonconforming principal use of a structure shall not be extended.

D. A conforming principal use of a nonconforming structure may be extended throughout the existing structure.

E. A nonconforming accessory use of a portion of a conforming structure or conforming accessory use of a portion of a nonconforming structure may be extended up to a maximum of 40% of the floor area of the existing structure.

F. A nonconforming structure located in any R District may be altered and the use, if conforming, may be extended throughout the altered portion, provided: any conforming use shall not be made nonconforming, and the alteration shall not cause the structure to violate the maximum floor area ratio and yard regulations of the zoning district in which it is located.

§ 300-9.3 Reduction or increase.

A. A nonconforming lot or open space on a lot (yards, setbacks, courts, usable open space, or floor area ratio) shall not be changed so as to be in greater nonconformity.

B. Any nonconforming off-street parking or loading area already containing fewer than the required number of spaces to serve their intended use shall not be made more nonconforming.

§ 300-9.4 Change.

A. A nonconforming use of a structure may not be changed to another nonconforming use.

B. A nonconforming lot, use or structure which has come into conformity shall not again be changed to a nonconforming lot, use or structure.

[Amended 4-28-2014 ATM by Art. 33]

C. A conforming lot, structure, or use shall not be enlarged, reduced or changed in any manner so as to become nonconforming. A conforming lot shall not be divided so as to leave preexisting structures on a nonconforming lot or to render their use nonconforming.

§ 300-9.5 Restoration.

A. Any reconstruction of a nonconforming structure shall require a variance except when that reconstruction is in the same configuration as the preexisting structure.

B. Any conforming structure damaged more than 50% by fire or other casualty located on a nonconforming lot may be restored or rebuilt. No such restoration or rebuilding shall be permitted which changes the use or structure to a nonconforming use or structure. The rebuilding or restoration of such conforming structure will not require a new variance.

§ 300-9.6 Abandonment.

If the nonconforming use, except for agriculture, horticulture or floriculture, of a structure or lot has been abandoned for a continuous period of two years or more, the lot or structure shall not be used again except for a conforming use.

§ 300-9.7 Moving.

A nonconforming structure shall not be moved to any other location on its lot or any other lot unless every portion of such structure and the use thereof shall become conforming and the change will be in accordance with the area and yard regulations of this Bylaw.

§ 300-9.8 Unsafe structures.

[Amended 4-28-2014 ATM by Art. 33]

Any nonconforming structure determined by the Zoning Enforcement Officer to be unsafe may be restored to a safe condition, provided that the restoration shall not place it in greater nonconformity. If the cost to restore any nonconformity exceeds 50% of its physical replacement value, it shall be reconstructed only as a conforming structure unless a new variance is secured.