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350-9.3 Nonconforming(1) (2) (3) (4) (5) A. City of Northampton, MA Thursday, October 4, 2018 Chapter 350. Zoning § 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. 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 zoningrequirements or fall within the same footprint and height of the destroyed home so as not to expand the nonconforming 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 vefeet into a required setback or further than the existing nonconforming structure, whichever is less and such extension does not create any new zoning violation (such as further reducing a setback or open space). (6) (7) (8) (9) (10) 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 zoningviolation (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 objectionto 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 not increase the nonconforming nature of the property and does not create any new zoning violation (such as further reducing a setback or minimizing open space). 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 create any new violation of the present zoning requirements or if change is an expansion of preexisting nonconforming retailuse. With a special permit for a single- or two-family home when the Zoning Board makes a nding that the change whichincludes new zoning violations (such as reduction of open space, new setback encroachments or further encroachments into the setback, etc.) will not be substantially more detrimental to the neighborhood than the existing nonconforming single- or two-family structure. (11) (1) (2) (3) (4) B. (1) (2) C. 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 oraltered: As-of-right to the same conforming use in a conforming structure, which meets all the dimensional, and densityprovisions 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 dierent conforming 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). 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 morelots 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 nochanges were made to the structures or lots during the time in which the lots were commonly owned, in a way that increased the nonconforming nature of these lots.