Hull City Zoning Code
ARTICLE VI
General Regulations
§ 410-6.1 Lot in two or more district.
Any lot in single ownership and on record at the time the bylaw is adopted, that is divided into two or more use districts shall be considered one use and that use shall be the predominant use, that is the one covering the largest proportion of the area of the lot. Should the lot be divided equally into two or more use districts, the total lot shall be bound to the less restrictive use.
§ 410-6.2 Non-conforming uses.
A.
The lawful use of any structure or land existing at the time of the enactment or subsequent amendment of this bylaw may be continued although such structure or use does not conform with provisions of this bylaw.
B.
If the rights authorized by a variance are not exercised within one year of the date of grant of such variance they shall lapse, and may be reestablished only after notice and a new hearing pursuant to § 410-8.1 of this bylaw.
(1)
Any existing non-conforming use may be hereafter altered within any parts of a building which were manifestly designed for such use at the time of the adoption of this bylaw.
(2)
No change or substantial extension of the non-conforming use of a structure or land shall be made, except in accordance with Subsection B(6) of this bylaw. An extension which meets the setback requirements of Article III which does not conform with respect to the minimum area requirements shall not be considered an increase in the extent of the non-conforming use of the structure or land.
(3)
A non-conforming use which has not been used for a continuous period of two years or more shall not be re-established, and any future use shall conform with this bylaw.
(4)
Once changed to a conforming use, no structure or land shall be permitted to revert to a non-conforming use.
(5)
No part of this section shall be so construed as to prevent the performance of normal repairs or replacement of parts of any non-conforming structure, provided that such repair or replacement, do not constitute an extension of the non-conforming use of such structure.
(6)
Pre-existing Structures. Pre-existing non-conforming structures or uses may be extended, changed or altered, provided that no such extension, change or alteration shall be permitted unless there is a special permit granted by the Board of Appeals making a finding that such change, extension or alteration is not substantially more detrimental than existing non-conforming use to the neighborhood.
(a)
Any existing one- and two-family dwelling may be extended, altered, changed, or rebuilt, provided that said alteration or reconstruction is performed within the existing footprint. The existing footprint shall be defined as the perimeter outline of the structure, excluding eaves, decks, and porches. Any legally existing non-conforming eaves, decks, and porches may be reconstructed in their former entity only. No expansion of living space into said deck(s) or porch(s) is permitted without a Special Permit from the Zoning Board of Appeals. No exemption in height is permitted outside the prescribed setbacks without a Special Permit from the Zoning Board of Appeals. However, height extensions relating to flood proofing pursuant to 780 CMR and F.E.M.A. regulations within the prescribed height limit are permitted as a matter of right.
(b)
Pre-existing one or two-family houses are permitted to extend the height of the house within the existing footprint to a maximum of 35 feet, provided any non-conforming setbacks are at least five feet, the house is at least 15 feet from the furthest projection of the abutting primary structure and the height increase conforms to all other sections of the zoning bylaw.
(c)
A pre-existing one-family dwelling or pre-existing two-family dwelling on an undersized lot shall not be considered as non-conforming provided the structure conforms with all of the other provisions of the zoning bylaw, including parking. If a pre-existing dwelling on an undersized lot is razed, a new structure may be built on the same lot as a matter of right provided the new dwelling conforms with all of the other provisions of the zoning bylaws including parking.
[Amended 5-5-2003 ATM by Art. 17; 5-3-2017 ATM by Art. 20]
(7)
Single Family Residences in Business Districts: Alteration, reconstruction, extension or structural change to a single-family residential structure will be permitted in a Business District as a matter of right provided that such change meets the minimum requirements for dwellings in a Single Family Residence A District as set forth in "Table 50 (SF-A)"[1] and § 410-3.2 of this Zoning By-law.
(8)
Preexisting Business and Mixed Uses in Residential Districts: Notwithstanding any language in the Hull Zoning Bylaw to the contrary [including without limitation Article VI, § 410-6.2B(1) through (7), inclusive], lawful preexisting nonconforming business uses immediately abutting Nantasket Avenue between Kenberma Street and Bay Avenue East may as a matter of right be changed to another use allowed in the Business District except for changes to restaurant uses and gas stations, and the structure in which such preexisting uses are located may be altered, expanded, or changed as a matter of right, without necessity of a special permit or variance, contingent upon and subject to the following conditions and limitations:
(a)
The structure as it exists, or if it is to be altered, expanded or changed, as it shall be upon completion of such alterations, expansions or changes, must comply with side yard and rear setbacks, lot coverage, and height restrictions of the residential district in which it is located. The front setback need not comply with the requirements of the residential district but may not extend further into the front setback area than the existing building unless the Building Commissioner determines that waiver of the front setback is appropriate in accordance with footnote (a) to Table 50 of this bylaw.[2]
(b)
The property as it exists, or if it is to be altered, expanded or changed, as it shall be upon completion of such alterations, expansions or changes, shall comply with all requirements of this zoning bylaw for off-street parking in a Business District.
(c)
The screening requirements of § 410-3.5C(1) of this bylaw shall apply.
(d)
Notwithstanding the language of § 410-3.5A(1)(g), mixed residential and business or commercial uses are allowed only if the property as it exists at the time this bylaw provision is voted by Town meeting consists of such mixed-use units. The total number of units in a mixed-use building as it exists at the time this bylaw provision is voted by Town meeting may be retained but shall not be increased. For the purpose of this paragraph a unit shall be defined as a distinct business, commercial or residential area located within such building as of the date this bylaw provision is voted at Town meeting, even if the unit was not in continuous use for a period of two years or more or was otherwise deemed abandoned. Storage and utility areas shall not be considered as separate units.
[1]
Commercial or business units, as defined above, may in a mixed use building be converted to and utilized as residential units as long as the total number of residential units in the mixed-use building as converted does not exceed three. Units may be relocated, enlarged or reconfigured within the building as it exists or as the building is to be altered, expanded or changed. No residential unit shall contain more than four rooms, excluding bath, with no more than two of said rooms to be bedrooms.
[2]
Existing mixed-use buildings may not as of right be converted to commercial or business uses only. The number of residential units in an existing mixed-use building as it exists at the time this bylaw provision is voted by Town meeting may not be reduced if the number of commercial or business units is to be increased. A business or commercial unit which is converted to residential use may not be returned to business or commercial use.
[3]
All other provisions and Tables of the Hull Zoning Bylaw pertaining specifically to mixed-use and multifamily buildings, including without limitation density, height, number and location of units, percentage of business use, and lot area, shall be inapplicable hereto and shall be deemed superseded by this Subsection B(8).
(e)
Exterior storage or display of materials, equipment, products, or supplies is prohibited.
(f)
Notwithstanding any language in Article V, § 410-5.1F to the contrary, one truck over 10,000 pounds gross vehicle weight but less than 12,000 pounds gross vehicle weight may be parked in an interior area of the premises. Exterior parking or storage of commercial vehicles exceeding 10,000 pounds gross weight and heavy construction equipment (such as but not limited to excavators and front-end loaders) is prohibited.
(g)
Accessory buildings are prohibited. The main building may be expanded to include an enclosed integrated garage as long as the building as expanded complies with all of the setback, lot coverage, and height restrictions of the applicable residential district.
(h)
Any expansion, reconstruction or substantial alteration of the preexisting building shall be subject to review by the Design Review Board.
§ 410-6.3 Construction or operations under a building or special permit.
[Amended 5-2-2017 ATM by Art. 21]
Construction or Operations under a building or Special Permit shall conform to any subsequent amendment of this bylaw, unless the use of the property or construction is commenced within one year after the issuance of the permit. In cases involving construction, such construction must be continued through to completion as continuously and expeditiously as is reasonable.
§ 410-6.4 Grading, drainage, erosion and sediment control.
A.
Purpose - The purpose of this section is to prevent or protect against the effects caused by airborne dust and silt/debris-laden runoff waters originating from land undergoing construction and/or development and re-grading onto:
B.
Control plans - Site and construction plans showing compliance with applicable provisions of this Section shall be submitted to the Building Commissioner for approval prior to the start of any construction or development activities on the site. These plans shall show:
C.
Procedures
(1)
Alteration of land in existing developed areas shall be conducted in such manner that changing patterns of natural drainage shall not adversely affect neighboring properties.
(2)
Development and construction shall be accomplished so as to minimize the potential for erosion, either by wind or water.
(3)
Control measures such as hay bales, weirs, and sediment traps shall be in place prior to commencement of each sequence of work.
(4)
Sediment basins, debris basins, traps, desilting or silt traps for removing sediment from runoff waters shall be installed in conjunction with the initial grading or site clearance operations.
(5)
All control measures shall be coordinated with the sequence of grading, construction, and development operations.
(6)
Paving of driveways, parking lots and other impervious surfaces shall be completed in conjunction with final grading.
D.
Responsibility - The owner/developer/contractor shall be responsible for all damage to adjacent properties caused by his actions or non-actions and shall promptly clean up any silt or debris and/or effect such repairs as are necessary to restore the adjacent properties to their original condition.