38B-095 20 Munroe Nton ZoningA.
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City of Northampton, MA
Monday, September 24, 2018
Chapter 350. Zoning
§ 350-4.10. Zoning Board of Appeals; variances; appeals.
Membership. There shall be a Zoning Board of Appeals of three members and two associate members, appointed as
provided in Chapter 40A of the Massachusetts General Laws.
Powers. The Board of Appeals shall have the following powers:
To hear and decide appeals, as provided in Chapter 40A of the Massachusetts General Laws. (See Subsection Cbelow.)
To hear and decide applications for special permits, as provided in Chapter 40A of the Massachusetts General Laws.
(See § 350-10.1.)
To authorize upon appeal, or upon petition in cases where a particular use is sought for which no permit is required,
with respect to a particular parcel of land or to an existing building thereon, a variance from the terms of this chapter,as provided in Chapter 40A of the Massachusetts General Laws. (See Subsection C below)
Variances and appeals. Applications for variances and appeals shall be heard by the Zoning Board of Appeals subject to the
provisions of Chapter 40A of the Massachusetts General Laws. A variance which has the e ect of allowing a use not
speci cally permitted for the district in question under the Table of Use Regulations ("use variance") may be permitted,
subject to the provisions of said Chapter 40A.
Time limitations. No appeal or petition for a variance from the terms of this chapter with respect to a particular parcel of
land or the building thereon, and no application for a special permit which has been unfavorably acted upon shall be againconsidered within two years after the date of such unfavorable action, except as provided in Chapter 40A of the
Massachusetts General Laws.
Zoning Administrator. The Board of Appeals, subject to con rmation by the City Council, may appoint a Zoning
Administrator. The Board of Appeals may delegate to said Zoning Administrator some of its powers and duties by a
concurring vote of all members of the Board of Appeals consisting of three members. Any person aggrieved by a decision
or order of the Zoning Administrator, whether or not previously a party to the proceeding, or any municipal o ce or
board, may appeal to the Board of Appeals, as provided in MGL c. 40A, § 14, within 30 days after decision of the Zoning
Administrator has been led in the o ce of the City Clerk. Any appeal, application, or petition led with said Zoning
Administrator for which no decision has been issued within 35 days from the date of ling shall be deemed denied and shall
be subject to appeal to the Board of Appeals as provided in MGL c. 40A, § 8.
§ 350-9.3. Change, extension or alteration of legally preexisting
nonconforming structures, uses, or lots.
Legally preexisting nonconforming structures, uses, or lots may be changed, extended or altered as set forth below, except as
noted in § 350-9.2A above. If a use is not eligible under one subsection, proceed to the next subsection.
A preexisting nonconforming structure or use may be changed, extended or altered:
As-of-right if the expansion/change itself meets all the dimensional and use requirements of the current zoning.
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As-of-right in a residential district, when said change is from a preexisting nonconforming use to a conforming
residential use, and there are no changes to the exterior of the structure or lot and no new nonconformities are
created by such change/conversion.
As-of-right when said change or alteration is limited to rebuilding a single- or two-family home destroyed by re or
other natural disaster within two years of the disaster. Reconstruction must either meet the current zoning
requirements or fall within the same footprint and height of the destroyed home so as not to expand thenonconforming nature of said home.
As-of-right when said change or alteration is limited to rebuilding any other building not more than 50% destroyed by
re or other natural disaster when the change is limited to rebuilding or replacing the structure within the preexisting
footprint and height of the existing structure or within an area and height that conforms to all dimensional
requirements and all construction occurs within two years of the disaster.
As-of-right, if the expansion (vertical or horizontal) is for a residential use and does not extend either further than ve
feet into a required setback or further than the existing nonconforming structure, whichever is less and suchextension does not create any new zoning violation (such as further reducing a setback or open space).
As-of-right, if the expansion (vertical or horizontal) is for a residential use and does not extend either further into a
required setback than the existing nonconforming structure, and such extension does not create any new zoning
violation (such as further reducing a setback or open space), and the applicant provides written evidence satisfactory
to the Building Commissioner that all owners of all parcels within 300 feet of the subject property have no objection
to the expansion.
With a nding from the Zoning Board of Appeals so long as the change does not involve a sign (see § 350-7 for signs)
and § 350-9.3A(5) above does not apply and when the expansion extends (vertically or horizontally), but does notincrease the nonconforming nature of the property and does not create any new zoning violation (such as further
reducing a setback or minimizing open space).
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With a nding, in accordance with § 350-9.2, for a proposed change of use.
With a variance, for any use except for a single- or two-family, when said change, extension or alteration will createany new violation of the present zoning requirements or if change is an expansion of preexisting nonconforming retail
use.
With a special permit for a single- or two-family home when the Zoning Board makes a nding that the change which
includes new zoning violations (such as reduction of open space, new setback encroachments or furtherencroachments into the setback, etc.) will not be substantially more detrimental to the neighborhood than the
existing nonconforming single- or two-family structure.
With a combination of a nding and variance when applicable.
A conforming use on a preexisting nonconforming lot: A conforming use on such a lot may be changed, extended or
altered:
As-of-right to the same conforming use in a conforming structure, which meets all the dimensional, and density
provisions of the current zoning, except for lot size, frontage, or depth and when the lot size, frontage, and depth
requirements do not change.
With a nding from the Zoning Board of Appeals when said change, extension or alteration is to a di erentconforming use which requires the same or less minimum lot area, minimum lot width and frontage, minimum lot
depth, setbacks, and parking than is required for the present use (and lot does not fully conform to the present
zoning requirements for the proposed use).
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With a variance to a conforming use which requires a larger minimum lot area, minimum lot width or frontage or
minimum lot depth than is required for the present use or creates any other new zoning violation.
With a combination of a nding and variance when applicable.
A preexisting nonconforming lot may be changed, extended or altered:
As-of-right if such change, extension or alteration to the lot does not increase the nonconforming nature of the
property, only brings the lot into total conformance with the zoning requirements in existence at the time of said
change, extension or alteration, or adds to the lot.
As-of-right whenever a group of adjoining lots in common ownership is separated or the ownership of one or more
lots changed, if each of the lots will conform to all provisions of this chapter, or if the lots are residential lots and each
lot contained a principal residential structure at the time the adjoining lots came under common ownership and no
changes were made to the structures or lots during the time in which the lots were commonly owned, in a way thatincreased the nonconforming nature of these lots.
§ 350-10.10. Accessory apartments.
An accessory apartment, or in-law apartment, is a self-contained housing unit incorporated within a single-family dwelling (not
within accessory structures, except with a special permit) that is a subordinate part of the single-family dwelling and complies
with the criteria below.
The intent of permitting accessory apartments is to:
Provide older homeowners with a means of obtaining rental income, companionship, security and services, and
thereby to enable them to stay more comfortably in homes and neighborhoods they might otherwise be forced toleave;
Add moderately priced rental units to the housing stock to meet the needs of smaller households and make housing
units available to moderate-income households who might otherwise have di culty nding housing;
Develop housing units in single-family neighborhoods that are appropriate for households at a variety of stages in
their life cycle;
Protect stability, property values, and the single-family residential character of a neighborhood by ensuring that
accessory apartments are installed only in owner-occupied houses;
To provide housing units for persons with disabilities.
The Building Commissioner may issue a zoning permit authorizing the installation and use of an accessory apartment
within an existing or new owner-occupied, single-family dwelling and the Zoning Board of Appeals may issue a special
permit authorizing the installation and use of an accessory apartment in a detached structure on a single-family home lot
when such structures have the same setbacks required for principal residential structures and only when the following
conditions are met:
The apartment will be a complete, separate housekeeping unit containing both kitchen and bath.
Only one accessory apartment may be created within a single-family house or house lot.
The owner(s) of the residence in which the accessory unit is created must continue to occupy at least one of the
dwelling units as their primary residence. The zoning permit or special permit for the accessory apartmentautomatically lapses if the owner no longer occupies one of the dwelling units.
Any new outside entrance to serve an accessory apartment shall be located on the side or in the rear of the building.
The gross oor area of an accessory apartment (including any additions) shall not be greater than 900 square feet.
Once an accessory apartment has been added to a single-family residence or lot, the accessory apartment shall never
be enlarged beyond the 900 square feet allowed by this chapter.
An accessory apartment may not be occupied by more than three people.
Three o -street parking spaces must be available for use by the owner-occupant(s) and tenants.
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The design and room sizes of the apartment must conform to all applicable standards in the health, building, and
other codes.
Zoning permits issued under this section shall specify that the owner must occupy one of the dwelling units. The
zoning permit and the notarized letters required in Subsection B(11) and (12) below must be recorded in theHampshire County Registry of Deeds or Land Court, as appropriate, in the chain of title to the property, with
documentation of the recording provided to the Building Commissioner, prior to the occupancy of the accessoryapartment.
When a structure which has received a permit for an accessory apartment is sold, the new owner(s), if they wish to
continue to exercise the permit, must, within 30 days of the sale, submit a notarized letter to the Building
Commissioner stating that they will occupy one of the dwelling units on the premises as their primary residence. This
statement shall be listed as condition on any permits which are issued under this section.
Prior to issuance of a permit, the owner(s) must send a notarized letter stating that the owner will occupy one of the
dwelling units on the premises as the owner's permanent primary residence, except for bona de temporaryabsences.
Prior to issuance of a permit, a oor plan of 1/4 inch to the foot must be submitted showing the building, including
proposed interior and exterior changes to the building.