Williamstown City Zoning Code
ARTICLE I
General Provisions
§ 70-1.1 Authority.
This chapter is adopted under the authority granted by the provisions of the Zoning Act, MGL C. 40A, as amended, and by Article 89 of the amendments to the Massachusetts Constitution (the "Home Rule Amendment").
§ 70-1.2 Purposes.
[Amended 5-17-2022 ATM, Art. 38]
The purposes of this chapter are to promote the health, safety, convenience and general welfare of the inhabitants of the Town of Williamstown; to promote a diverse and affordable mix of housing types; to protect and conserve the value of property within the Town; to preserve and increase the beauty and amenities of the Town; to conserve, insofar as possible, natural conditions and to secure safety from fire, congestion or confusion, by encouraging the most appropriate uses of land within the Town in accord with the objectives expressed in Section 2A of Chapter 808 of the Acts of 1975 and the provisions of Chapter 40A of the General Laws of the Commonwealth of Massachusetts.
§ 70-1.3 Applicability.
A.
Basic requirement. Any building or structure or use of a building, structure or land or part thereof may be constructed, altered, enlarged, repaired or moved, occupied and used only in conformity with the provisions of this chapter and MGL C. 40A.
B.
Reconciling conflicting bylaws. Where this chapter imposes a greater restriction upon the use, height and the area of structures or the use of premises than is imposed by other bylaws, the provisions of this chapter shall control.
§ 70-1.4 Nonconformance.
A.
Applicability. Except as herein provided, provisions of this chapter shall not apply to the following:
(1)
Lawfully preexisting structures and uses. Structures and uses lawfully in existence prior to the effective date of the provision in question.
(2)
Prior building permit or special permit. Structures and uses lawfully begun under a building or special permit issued prior to the first publication of notice of the required public hearing by the Planning Board on the applicable zoning bylaw or amendment, provided that such construction or use is commenced within six months after the issuance of the permit, and in the case of construction, completed within two years thereafter.
(3)
Dwelling change.
(a)
The alteration, extension, structural change, or reconstruction of a lawfully preexisting nonconforming single- or two-family dwelling, provided that such alteration, extension or structural change does not increase the nonconforming nature of such dwelling.
[Amended 8-18-2020 ATM, Art. 31]
(b)
For the purpose of this section, the following activities are deemed not to increase the nonconforming nature of the dwelling. Such changes are permitted by right, subject to the issuance of a building permit:
(4)
Nonconforming lots.
(a)
Preexisting lots. Nonconforming lots recorded in the Registry of Deeds and lots shown on a plan endorsed by the Planning Board under the Subdivision Control Law[1] are not subject to later adopted provisions, to the extent and as provided by MGL C. 40A, § 6.
[1]
Editor's Note: See MGL c. 41, §§ 81-A through 81-GG.
(b)
Reestablishment of nonconforming lot (infill housing).
[1]
A legally created nonconforming lot not qualifying for the above Section 6 exemptions may be separated in ownership from adjacent lots and then developed for a single-family residence, if authorized on special permit granted by the Board of Appeals.
[2]
Decision on a special permit for such separation and building shall be based upon the following, rather than the more general criteria of § 70-8.4D. Such special permit shall be granted if the Board determines that each lot will have access and utility service comparable to that serving nearby developed premises, and no congestion or health or safety limitations would be created by development, subject to such conditions as the Board may impose, which conditions shall include that any subsequent construction shall provide yards of dimensions no smaller than those prevailing in the vicinity.
B.
Alteration of nonconforming structures. Any nonconforming structure may be altered, provided that the Board of Appeals grants a special permit, following its determination that the alteration is not substantially more detrimental to the neighborhood, applying the criteria of § 70-8.4D. A special permit is not required for any nonconforming structure whose only nonconformity is height and whose use is exempt, within the meaning of MGL c. 40A, § 3.
[Amended 5-18-1999 ATM, Art. 29]
C.
Extension of nonconforming structures and uses.
(1)
Structures. A nonconforming structure may be extended, provided that:
(a)
The extension complies with the dimensional requirements of the chapter of the underlying zoning district, and
(b)
The Board of Appeals grants a special permit following its determination that the extension is not substantially more detrimental to the neighborhood, applying the criteria of § 70-8.4D.
(c)
A special permit is not required for any nonconforming structure whose only nonconformity is height, and whose use is exempt, within the meaning of MGL c. 40A, § 3.
[Added 5-18-1999 ATM, Art. 29]
(2)
Single- or two-family dwelling. A nonconforming single- or two-family dwelling which does not comply with (a) yard requirements, or (b) building requirements, may be extended provided that the Zoning Board of Appeals grants a special permit following its determination that such extension would not be substantially more detrimental to the neighborhood than the existing dwelling, applying the criteria of § 70-8.4D.
[Added 5-15-2001 ATM, Art. 22;[2] amended 8-18-2020 ATM, Art. 31]
[2]
Editor's Note: This article also renumbered former Subsection C(2) as C(3).
D.
Change of use.
(1)
A nonconforming use may be changed to a different nonconforming use, provided that the Board of Appeals grants a special permit, following its determination that the new use is not substantially more detrimental to the neighborhood than the existing use, applying the criteria of § 70-8.4D.
(2)
The newly changed use shall be considered to be the nonconforming use, and the previous nonconforming use shall not be reestablished.
E.
Restoration.
(1)
Limitation. A structure which has been damaged or destroyed by fire or other accidental or natural causes may be restored to its original condition, regardless of any nonconformity of the structure or its use, but only provided that either such work is started within 12 months of the damage and completed within two years of the date of the damage.
(2)
Original condition. For these purposes, "original condition" means conforming to the original footprint, no more than a 10% increase above the cubage of the original building, and no increase in nonconformance with yard requirements.
F.
Other nonconformancies.
(1)
Noncompliance with current site development requirements, such as parking, landscaping and lighting standards, does not make the premises nonconforming in use or structure. Therefore, changes, extensions or alterations to existing uses and structures do not require a special permit simply because of such site development noncompliance.
(2)
Any increase in the extent of noncompliance in site development may be allowed only on special permit. Such special permit shall be granted, provided that the Board of Appeals determines that the proposed increase is not substantially more detrimental to the neighborhood than the existing condition.
(3)
In the Village Business Districts, for properties whose buildings abut Spring Street, no special permit shall be granted to increase parking nonconformities that exist due to insufficient number of parking spaces, except when the Board of Appeals finds that, in addition to the criteria of § 70-8.4D virtually all of the use's parking needs would be created after 6:00 p.m.
G.
Abandonment of nonconforming use.
(2)
Evidence of abandonment. In the administration of Subsection G(1)(b) above, evidence of discontinuance or abandonment shall be:
(a)
Bringing the use or other nonconformity into compliance with this chapter.
(b)
Ceasing to be open for the conduct of business for a period of six continuous months, and one or more of the following:
[1]
Removal of customary equipment, fixtures or supplies for the operation of the use.
[2]
Disconnecting electrical, gas or other utility service.
[3]
Failure to provide for operation in cold weather, such as ceasing to heat the building at normal levels required by health regulations or failing to provide snow removal.
[4]
Issuance of a notice of an unsafe structure by the Building Commissioner.
[Amended 5-19-2015 ATM, Art. 38]
H.
Change of ownership. The rights of a nonconforming use, structure, lot development or parking area are not affected by a change in ownership, tenancy or management unless such ownership, tenancy or management is specifically a condition of the issuance of a permit.