Dalton City Zoning Code
ARTICLE VIII
Nonconforming Lots, Structures and Uses
§ 350-30 Continuance of nonconforming use.
A nonconforming structure or use is a structure or use lawfully begun, or lawfully in existence, or subject to a building or special permit issued before the first publication of notice of the public hearing on this bylaw and which does not conform with the provisions of this bylaw or its amendments. A nonconforming structure or use may continue in use.
§ 350-31 Exemptions.
A.
A nonconforming one-family or two-family dwelling may be enlarged, expanded or reconstructed provided such enlargement, expansion or reconstruction does not extend further into any deficient yard(s) and complies with all pertinent zoning bylaws.
B.
Existing structures used for the primary purpose of agriculture, horticulture or floriculture may be enlarged, expanded or reconstructed provided such enlargement, expansion or reconstruction does not extent further into any deficient yard(s) and complies with all pertinent zoning bylaws.
C.
Nonconforming lots of record and lots shown on a plan endorsed by the Planning Board under the Subdivision Control Law are exempt from the provisions of this bylaw to the extent and as provided in MGL c. 40A, § 6.
§ 350-32 Requirements for conversion, enlargement or expansion.
A nonconforming structure or use may be converted, enlarged or expanded by a special permit from the Board of Appeals provided:
A.
Such conversion, enlargement or expansion shall not be substantially more detrimental than the existing nonconforming structure or use to the neighborhood. For the purpose of this section, substantially more detrimental structures or uses include those which would cause readily observable difference in patronage, service, appearance, vehicular traffic, noise, employment or similar characteristics from the existing nonconforming structure or use or from any permitted structure or use in the district affected.
B.
Such conversion, enlargement or expansion shall not result in greater nonconformity with the provisions of this bylaw including, but not limited to, the requirements for open spaces and off-street parking.
C.
Such conversion, enlargement or expansion shall be restricted to the lot on which the original nonconforming structure or use is located.
D.
Physical construction or use under a special permit shall commence within one year of the date of approval or the special permit is forfeited.
§ 350-33 Reconstruction of structure damaged by fire, explosion or other catastrophe.
A nonconforming structure damaged by fire, explosion or any other catastrophe may be rebuilt provided such rebuilding, reconstruction or restoration shall be undertaken within two years of such catastrophe, and the structure as rebuilt or restored shall not extend further into any previous deficient front, rear or side yard. Such rebuilt, reconstructed or restored structure may be enlarged by a special permit from the Board of Appeals provided it shall comply with all yard and open space requirements of this bylaw.
§ 350-34 Maintenance, repair and reconstruction of unsafe structures.
Nothing in this bylaw shall be deemed to restrict the normal maintenance and repair of nonconforming structures or prevent reconstruction to a safe condition of any structure, or part thereof, declared to be unsafe by any official charged with protecting the public safety, upon order of such official.
§ 350-35 Abandonment.
Any nonconforming use which has been abandoned or not used for two years or more shall not thereafter be reestablished and shall not again be devoted to any use other than those permitted in the applicable district.
§ 350-36 Imposition of conditions to lessen impact.
The Board of Appeals may impose reasonable conditions on applications for special permits designed to lessen a detrimental impact on any nonconforming structure or use on adjacent properties and the general neighborhood, whenever such structure or use is authorized to enlarge, expand, extend or convert to another nonconforming structure or use under the provisions of this section.