Littleton City Zoning Code
ARTICLE III
Administration and Procedures
§ 173-3 Enforcement authority.
This chapter shall be enforced by the Building Inspector.
§ 173-4 Certification required.
Buildings or structures may not be erected, substantially altered, moved or changed in use, and land may not be substantially altered or changed in principal use as defined in § 173-26A, without certification by the Building Inspector that such action is in compliance with then applicable zoning or without review by him/her regarding whether all necessary permits have been received from those governmental agencies from which approval is required by federal, state or local law. Issuance of a building permit or certification of use and occupancy, where required under the Commonwealth of Massachusetts State Building Code, may serve as such certification.
§ 173-5 Enforcement actions; violations and penalties.
[Amended 5-9-1988 ATM, Art. 14]
The Building Inspector shall take such action as may be necessary to enforce full compliance with the provisions of this chapter and of permits and variances issued hereunder, including notification of noncompliance and request for legal action through the Select Board to the Town Counsel. Any person violating any provision of this chapter, any of the conditions under which a permit is issued or any decision rendered by the Board of Appeals may be fined not more than $300 for each offense. Each day that such violation continues shall constitute a separate offense.
§ 173-6 Board of appeals.
A.
Establishment. A Board of Appeals of five members shall be appointed by the Select Board and act in all matters under this chapter in accordance with the provisions of Chapters 40A, 40B and 41 of the General Laws, as amended. The Select Board shall also appoint in like manner four associate members of the Board of Appeals; and, in case of a vacancy, absence, inability to act or conflicts of interest on the part of a member of said Board, his place may be taken by an associate member designated by the Chairman of the Board of Appeals.
B.
Powers. The Board of Appeals shall have and exercise all the powers granted to it by Chapters 40A, 40B and 41 of the General Laws and by this chapter. The Board's powers shall include the following:
(1)
To hear and decide applications for special permits upon which the Board is empowered to act under this chapter, in accordance with § 173-7.
(2)
To hear and decide appeals or petitions for variances from the terms of this chapter, including variances for use, with respect to particular land or structures. Such variances shall be granted only in cases where the Board finds all of the following:
(a)
That a literal enforcement of the provisions of this chapter would involve a substantial hardship, financial or otherwise, to the petitioner or appellant.
(b)
That the hardship is owning to circumstances relating to the soil conditions, shape or topography of such land or structures and especially affecting such land or structures but not affecting generally the zoning district in which it is located.
(3)
To hear and decide other appeals. Other appeals will also be heard and decided by the Board of Appeals when taken by:
(a)
Any person aggrieved by reason of his inability to obtain a permit or enforcement action from any administrative officer under the provisions of Chapter 40A of the General Laws; or
(b)
The Metropolitan Area Planning Council; or
(c)
Any person, including an officer or board of the Town of Littleton or of any abutting Town, if aggrieved by any order or decision of the Building Inspector or other administrative official in violation of any provision of Chapter 40A of the General Laws or this chapter.
(4)
To issue comprehensive permits. Comprehensive permits for construction may be issued by the Board of Appeals for construction of low- or moderate-income housing by a public agency or limited-dividend or nonprofit corporation upon the Board's determination that such construction would be consistent with local needs, whether or not consistent with local zoning, building, health or subdivision requirements, as authorized by MGL C. 40B, §§ 20 through 23.
(5)
To issue withheld building permits. Building permits withheld by the Building Inspector acting under MGL C. 41, § 81Y as a means of enforcing the Subdivision Control Law may be issued by the Board of Appeals where the Board finds practical difficulty or unnecessary hardship and if the circumstances of the case do not require that the building be related to a way shown on the subdivision plan in question.
§ 173-7 Special permits.
A.
Special permit granting authority. Unless specifically designated otherwise, the Board of Appeals shall act as the special permit granting authority.
B.
Public hearing. Special permits shall only be issued following public hearings held within 65 days after filing with the special permit granting authority an application, a copy of which shall forthwith be given to the Town Clerk by the applicant.
C.
Criteria. Special permits shall only be granted if it appears to the special permit granting authority that no significant nuisance, hazard or congestion will be created and that there will be no substantial harm to the neighborhood or derogation from the intent of this chapter.
D.
Conditions. Special permits may be granted with such reasonable conditions, safeguards or limitations on time or use as the special permit granting authority may deem necessary to serve the purposes of this chapter.
E.
Expiration. Special permits shall lapse 24 months following the grant thereof (except such time required to pursue or await the determination of an appeal referred to in MGL C. 40A, § 17) if a substantial use or construction has not sooner commenced, except for good cause.
§ 173-8 Effect of other provisions.
Where the application of this chapter imposes greater restrictions than those imposed by any other regulations, permits, restrictions, easements, covenants or agreements, the provisions of this chapter shall control.
§ 173-9 Conformance with amendments.
Construction or operations under a building or special permit shall conform to any subsequent amendment of this chapter, unless the use or construction is commenced within a period of 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 is reasonable.
§ 173-10 Nonconforming uses and structures.
A.
Nonconforming single- or two-family residential structures lawfully in existence at the time of the enactment of this Amendment may be extended, altered or restored if the following conditions apply:
[Amended 9-18-1995 STM, Art. 16]
(1)
The proposed changes, with the exception of the existing nonconformity, comply with the current Zoning Bylaw;
(2)
The proposed changes do not prevent compliance with any other applicable laws or regulations;
(3)
There is no change in use of the structure; and
(4)
The proposed changes do not intensify the existing nonconformity. The word intensify shall include any increase in any exterior dimension of that part of the structure which is nonconforming.
Such extension, alteration or restoration is deemed not to increase the nonconforming nature of the structure, does not involve any change of use, and is allowable as of right. The building permit shall state that the extension, alteration or restoration is allowed under § 173-10A.
B.
Any use or structure not conforming to § 173-10A of this chapter may be continued if the use or structure was lawfully existing at the time that it became nonconforming, subject to the following:
[Amended 9-18-1995 STM, Art. 16; 5-4-2015 ATM, Art. 17]
(1)
Alteration of nonconforming structures with respect to an existing nonconformity. The Board of Appeals may, by special permit, allow the reconstruction, extension, alteration or change of a preexisting nonconforming structure that extends or increases an existing nonconformity, where it determines that the proposed modification will not be substantially more detrimental than the existing nonconforming structure to the neighborhood.
(2)
Alteration of nonconforming structures with respect to a new nonconformity. For any reconstruction, extension, alteration or change of a nonconforming structure that involves the creation of a new nonconformity, such new nonconformity shall require the issuance of a variance from the Board of Appeals.
(3)
Alteration of a nonconforming use. The Board of Appeals may, by special permit, allow the change, extension, or alteration of a preexisting nonconforming use where it determines that the proposed modification will not be substantially more detrimental than the existing nonconforming use to the neighborhood.
(4)
Restoration. Any legally nonconforming building or structure may be reconstructed if destroyed by fire or other accidental or natural cause if reconstructed within a period of two years from the date of the catastrophe, or else such reconstruction must comply with this chapter.
(5)
Abandonment. A nonconforming use which has been abandoned, discontinued for a period of two years or changed to a conforming use shall not be reestablished, and any future use of the premise shall conform with this chapter.
§ 173-11 Isolated lots and subdivisions.
Under MGL C. 40, § 6, lots not held in common ownership with any adjoining land are generally not subject to subsequent amendments in dimensional requirements, and land shown on subdivisions or other plans endorsed by the Planning Board are exempted from subsequent zoning amendments in certain respects for a limited period of time (See MGL C. 40A, § 6). Building upon, but not subdivision of, any lot, if nonconforming but having an area of 5,000 square feet or more and frontage of 50 feet or more and held in ownership separate from all adjacent land, shall be governed by those lot area, frontage and side or rear setback requirements applicable to it at the time of its recording by plan or deed as a lot in separate ownership, except in cases where those requirements have subsequently been reduced through amendment of the Zoning Bylaw and in cases of building for multifamily dwellings, in both of which cases current requirements shall apply. Nonconforming lots may be changed in size or shape or their land recombined into fewer lots. In doing so, such lots will not lose this exemption from current requirements, so long as the change does not increase the frontage or area of a conforming lot by reducing the frontage or area of a nonconforming one.
§ 173-12 Severability.
The invalidity of any section or provision of this chapter shall not invalidate any other section or provision of this chapter.