West Springfield City Zoning Code
ARTICLE IV
Existing Structures and Uses
§ 300-4.0 Purpose and interpretation.
A.
The purpose of this article is to promote the public health, safety and general welfare of the Town of West Springfield and its citizens, promote the re-use of land and structures that contribute to the character, diversity and sustainability of a neighborhood and to promote economic redevelopment and the re-use of developed land by regulating structures and uses that do not conform to one or more provisions of this ordinance, but were lawfully established and in compliance with all applicable ordinances and laws at the time the structure was constructed and/or the use begun.
B.
Nothing contained within this article shall be construed, nor shall it be implied, so as to allow for the continuation or alteration of structures or uses that were not in compliance with all applicable ordinances and laws at the time the structure was constructed or the use begun.
§ 300-4.1 Applicability.
A.
Existing structures, uses and permits.
(1)
This ordinance shall not apply to structures or uses lawfully in existence or lawfully begun, or to a building permit or special permit issued before the first publication of notice of a public hearing regarding an amendment to this ordinance which makes said structure or use nonconforming, but shall apply to any modification or change of such use, to a building permit or special permit issued after the first notice of said public hearing and to any reconstruction, extension or structural change of such structure begun after the first notice of said public hearing.
(2)
This Article IV is intended to regulate:
(a)
The change of use of the land or structure;
(b)
The reconstruction of a structure or to any alteration of a structure when the alteration would increase the footprint, height or volume of the structure or any other exterior structural change (hereinafter to be known collectively as "alteration"); and
(c)
To any alteration of a structure or land to provide for its use for a purpose or in a manner different from the use to which it was put before the alteration or for its use for the same purpose to a greater extent (hereinafter to be known collectively as "change of use") of a lawfully established nonconforming structure or nonconforming use by establishing the standards by which said structure or said use may be altered or changed.
B.
Alteration of structures and land. Alteration of structures or land or the use of property conducted under a lawfully issued building permit or special permit pursuant to Subsection A(1) shall conform to any subsequent amendment of this ordinance unless the structural or land alteration or use of the property is commenced within a period of not more than 180 days after the issuance of the building permit or special permit and, in cases involving construction, unless such construction is continued to completion in a continuous and reasonably expeditious manner, which shall not exceed two years from the date of issuance of the building permit.
§ 300-4.2 Definition of nonconforming uses and structures.
A.
Nonconforming use. The term "nonconforming use" shall mean the use of a structure or land lawfully permitted and lawfully existing at the time of the adoption of this ordinance or any applicable amendments thereof, but which does not conform to the current requirements of this ordinance or any subsequent amendments thereof.
B.
Nonconforming structure. The term "nonconforming structure" shall mean a structure lawfully permitted and lawfully existing at the time of the adoption of this ordinance or any applicable amendments thereof, but which does not conform to the current requirements of this ordinance and any subsequent amendments thereof.
§ 300-4.3 Alteration or change of nonconforming multifamily and nonresidential structures and uses.
A.
Multifamily and nonresidential structures. Alteration to a nonconforming multifamily or nonresidential structure may be allowed only upon approval of the permit granting authority with specific written findings that such alteration shall:
(1)
Not create a new nonconformity or violation; and
(2)
Enhance the general character and quality of the neighborhood; and
(3)
Be consistent with the architectural design and style of the abutting properties and surrounding neighborhood; and
(4)
Provide adequate off-street parking for the use of the property; and
(5)
Not be more detrimental to the neighborhood than the existing nonconforming structure.
B.
Multifamily and nonresidential uses. Alteration or change in use to an existing nonconforming multifamily use or nonresidential use may be allowed only upon approval of the permit granting authority with specific written findings that such alteration shall:
§ 300-4.4 Alteration and reconstruction of nonconforming single- and two-family uses and structures.
A.
Alteration by-right. Alteration or reconstruction to a nonconforming single- or two-family residential use or structure shall not be considered an increase in the nonconforming nature of the structure and shall be permitted by right, provided the following standards are met:
(1)
Alteration or reconstruction of a structure which is nonconforming due to setback requirements will not result in additional encroachment by the nonconforming setback(s); and
(2)
Alteration or reconstruction of a structure which is nonconforming due to insufficient lot area will not result in the expansion of the structure into the minimum front, side and rear yard requirements; and
(3)
Alteration or reconstruction of a structure which is nonconforming due to height requirements will not result in an increase in the height of the structure; and
(4)
The proposed alteration or reconstruction will not result in any additional violation of any other zoning requirements; and
(5)
The proposed alteration or reconstruction will not result in more than a 20% increase in the gross floor area of the existing structure (exclusive of basements not defined as habitable under the Massachusetts State Building Code in effect at the time of application for said alteration/reconstruction).
B.
Alteration by special permit. Alteration or reconstruction of a nonconforming single- or two-family use or structure that does not comply with the provisions of Subsection A may be allowed only upon approval by the permit granting authority with specific written findings that such alteration or reconstruction shall:
(1)
Not create a new nonconformity or violation; and
(2)
Enhance the general character and quality of the neighborhood; and
(3)
Be consistent with the architectural design and style of the abutting properties and surrounding neighborhood; and
(4)
Provide adequate off-street parking for the use of the property; and
(5)
Not be more detrimental to the neighborhood than the existing nonconforming use and/or structure.
C.
Alteration of a nonconforming structure from single-family use to two-family use. In a zoning district allowing for single- and two-family uses, a change of a nonconforming structure from single-family use to two-family use shall require approval by the permit granting authority, with specific written findings, as set forth in Subsection B.
§ 300-4.5 Discontinuance and re-establishment of nonconforming uses.
A.
Re-establishment of a nonconforming use. No nonconforming use of any structure or land shall be re-established where there has been a change to a use of the structure or land which is permitted in the zoning district in which the structure or land is located.
B.
Discontinuance of a nonconforming use. Except as provided for by Subsection C of this section, if the nonconforming use of any structure or land shall be discontinued for a period of 24 consecutive months, it shall not be re-established and all future uses thereof shall be in conformity with the then applicable provisions of this ordinance. For the purposes of this section, the discontinuance period shall not be considered broken by temporary or sporadic use during said two-year period. The use shall not be considered temporary or sporadic when such use is active for a minimum of eight hours per day for a period of not less than 60 or more consecutive days, exclusive of Sundays and holidays.
C.
Re-establishment of a discontinued nonconforming use. The re-establishment of a discontinued nonconforming use may be allowed only upon approval by the permit granting authority with specific written findings that:
(1)
The nonconforming use of property is compatible in type and scale with the abutting uses and with the character of the neighborhood; and
(2)
The nonconforming use of property will not create a nuisance to the general public or any abutter as defined by MGL c. 40A by reason of air quality, water, light or noise, degradation of traffic safety or increase traffic congestion; and
(3)
The intensity of the nonconforming nature of the use is lessened to the greatest extent reasonably possible; and
(4)
The nonconforming use of property will not create a new nonconformity; and
(5)
The nonconforming use of property will enhance the general character and quality of the neighborhood; and
(6)
The nonconforming use of property will provide adequate off-street parking for the use of the property; and
(7)
The nonconforming use of property will not be more detrimental to the neighborhood than the existing nonconforming use and/or structure prior to its lapse; and
(8)
Not more than five years have elapsed since the discontinuance of said nonconforming use.
§ 300-4.6 Restoration and reconstruction of damaged nonconforming multifamily and nonresidential structures.
A.
Restoration and reconstruction by-right. Nothing in this ordinance shall prevent the reconstruction or substantial restoration and the continuance of use of a nonconforming multifamily or nonresidential structure which has been damaged by fire, explosion, flood, riot, act of the public enemy or accident of any kind if the estimated replacement cost of such restorations does not exceed 75% of the most recent appraised building value of the structure as identified on the field record card in effect at the time of the damage that is on record in the West Springfield Assessor's office, provided that the structure as restored shall be constructed within the existing footprint and shall not be greater in volume, height or area than the original nonconforming structure and provided, further, that said restoration is commenced within 12 months of the initial damage and completed within 24 months of said damage. The estimated cost of such restoration shall be determined by the Building Commissioner. If the property owner disputes the determination of the Building Commissioner, he may request that the Building Commissioner base the determination upon receipt of an estimate from an independent contractor selected by the Building Commissioner. The cost to obtain said estimate shall be borne by the owner of the premises and shall be paid to the Town at the time the building permit application is filed. Said restoration costs shall also include all improvements or upgrades required by the State Building Code.
B.
Restoration and reconstruction by special permit. The reconstruction or substantial restoration of a damaged nonconforming multifamily or nonresidential structure where said restoration exceeds 75% of the most recent appraised building value of the structure as identified on the field record card in effect at the time of the damage that is on record in the West Springfield Assessor's office may be allowed only upon approval by the permit granting authority with specific written findings that:
(1)
The structure as restored shall be constructed within the existing footprint and not be greater in volume, height or area than the original nonconforming structure; and
(2)
The structure as restored will enhance the general character and qualities of the neighborhood; and
(3)
It shall be consistent with the architectural design and style of the abutting properties and surrounding neighborhood; and
(4)
Adequate off-street parking is available for the use of the structure; and
(5)
The nonconforming nature of the structure is lessened to the greatest extent reasonably practicable; and
(6)
Application for the special permit for said reconstruction or substantial restoration is filed with the Town Clerk within 12 months of the damage to the structure; and
(7)
The reconstruction or substantial restoration is completed within 24 months of the issuance of the building permit allowing for said reconstruction or substantial restoration; and
(8)
The owner of the structure is in full compliance with all orders issued by the Town with respect to securing and maintaining the structure and the premises.
§ 300-4.7 Restoration or reconstruction of damaged noncompliant structures.
A.
Definition of a noncompliant structure.
(1)
A noncompliant structure shall be defined as any structure constructed in accordance with an improperly issued building permit, which has been in existence for at least six years and during which no enforcement action has been initiated by the Building Department.
(2)
For the purposes of this section, a noncompliant structure shall not include a structure in existence without the issuance of a building permit or a structure in existence which is not in compliance with a lawfully issued building permit.
B.
Restoration and reconstruction of noncompliant structures. For the limited purposes of substantial restoration or reconstruction, noncompliant structures shall be considered nonconforming and any restoration or reconstruction of a noncompliant structure shall be governed by this Article IV of the Zoning Ordinance.
§ 300-4.8 Restoration or reconstruction of damaged unlawful structures.
A.
Definition of an unlawful structure.
(1)
An unlawful structure shall be defined as:
(a)
Any structure which was constructed under a lawfully issued building permit but which does not comply with said building permit; and
(b)
Is in violation of a provision of the zoning ordinance which was in effect at the time of construction; and
(c)
The structure has been in existence for at least 10 years, during which no enforcement action has been initiated by the Building Department to correct said violation(s).
(2)
Structures constructed without the issuance of a building permit shall not be considered nonconforming, noncompliant or unlawful.
B.
Restoration and reconstruction of unlawful structures.
(1)
For the limited purposes of substantial restoration or reconstruction, unlawful structures shall be considered nonconforming and any restoration or reconstruction of an unlawful structure shall be governed by this Article IV of the zoning ordinance.
(2)
The permit granting authority, when making findings related to approving the substantial restoration or reconstruction of an unlawful structure, shall also find that:
§ 300-4.9 Development of established vacant nonconforming single-family residential lots.
A.
A vacant preexisting nonconforming lot located in an RA, RA-1, RA-2 or RB Zoning District under common ownership with an abutting developed lot that has been merged by operation of law may be considered and developed as a legal building lot for single-family use upon the issuance of a special permit, subject to the following development standards:
(1)
The development of the property and the structures located thereon shall conform with the height, bulk, external appearance and general character of the abutting structures and neighborhood; and
(2)
The development of the property will not, by reason of air, water, light, noise, obstruction of views, traffic safety or traffic congestion, negatively affect the character and quality of life of the neighborhood; and
(3)
The development of the property will provide adequate off-street parking for the use of the property; and
(4)
The subject lot shall have a minimum of 75 feet of frontage and 7,500 square feet of land area or conform to the frontage and lot size standards of the neighborhood within which its located, whichever is greater; and
(5)
The front yard building setback requirement shall conform to the front setback of the abutting properties. The side and rear yard building setback requirements shall not be less than the average of that of the abutting properties or a minimum ten-foot side yard and twenty-five-foot rear yard, whichever is greater.
B.
The provisions of this section shall not apply to more than one abutting lot. Said lot must have been held in common ownership as of January 1, 2011, and conformed to the zoning requirements in effect at the time:
C.
Separation and conveyance of the undeveloped nonconforming lot shall not adversely impact the legal status of the developed nonconforming lot. Said developed lot shall be considered legal nonconforming under the provisions of this zoning ordinance.
D.
The development of the vacant, nonconforming lot shall be for single-family use and allowable accessory uses and structures.
E.
For the purposes of administering this section, the neighborhood shall be defined as the parcels of land directly abutting and located directly across the street from the subject property and those parcels abutting said parcels.
F.
For the purposes of administering this section of the zoning ordinance, the Planning Board shall be the special permit granting authority.