5.1.1.
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 to provisions of the
bylaw.
5.1.2.
Alteration. A nonconforming structure may not be altered or
reconstructed if the cost of such alteration or reconstruction exceeds
the assessed value of the structure at the time of the change, except
as provided in § 5.1.7.
5.1.3.
Extensions. No increase in the extent of the nonconforming use
of a structure or land may be made, except as provided herein under
§ 5.1.7.
5.1.4.
Restoration. No nonconforming structure damaged by fire or other
causes to the extent of more than 75% shall be repaired or rebuilt
except in conformity with the bylaws.
5.1.5.
Nonuse. A nonconforming use which has not been used for a period
of two years or more shall not be reestablished and any future use
shall be in conformity with this bylaw.
[Amended 5-5-2011 ATM by Art. 18]
5.1.6.
Changes. Once changed to a conforming use, no structure or land
shall be permitted to revert to a nonconforming use.
5.1.7.
Regulations of nonconforming uses or structures. Notwithstanding
any language in this bylaw to the contrary, preexisting nonconforming
structures or uses may be extended, altered or changed, provided that
no such extension, change or alteration shall be permitted unless
the Board of Appeals makes a finding that such change, extension or
alteration is not substantially more detrimental than the existing
nonconforming use to the neighborhood.
5.1.8.
Construction or operations under a building or special permit
shall conform to any subsequent amendment of the bylaw unless the
use or construction is commenced within a period of not more than
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.
[Added 5-22-2006]
[Amended 5-7-1987; 5-5-2011 ATM by Art. 18]
No accessory building or structure, except for a sign, which
shall be governed by the sign section of this bylaw contained in Section
VII, shall be located within the required front yard area. No accessory
buildings shall be located in any side yard area nearer to the side
lot line than 15 feet, or in a rear yard area nearer to the rear lot
line than 15 feet, except in a Business or Industrial District where
the setback for accessory buildings from the rear lot line will be
50 feet. "Accessory use" is a use incidental to the principal use
of a building as defined and limited by the provision of the Zoning
Bylaw.
[Amended 10-27-2016 STM
by Art. 19]
In a Floodplain District uses otherwise permitted as set forth
in Section III may be authorized after finding by the Board of Appeals,
after a hearing with due notice given, that said use will not endanger
the health or safety of the occupants thereof. New residential uses
are not permitted.
5.4.1.
Any
building hereafter constructed or modified, altered or expanded for
limited business, business, or industrial use (except as provided
in § 5.4.3 below, which shall supersede the parking requirements
of this § 5.4.1) shall be so located upon its parcel of
land that there may be provided an off-street parking area equal to
twice the floor area of the building to be constructed or existing
building to be modified, altered or expanded. "Floor area" is defined
as gross square footage under cover, as well as outdoor storage areas,
outdoor display areas, outdoor seating and/or outdoor food service
areas, and any other outdoor facilities related to the use. The Planning
Board may (but is not required to) waive additional parking for modifications,
alterations or expansions of less than 10% of the existing floor area.
[Amended 11-8-2007 STM by Art. 19; 6-20-2020 ATM by Art. 22]
5.4.2.
"Off-street
parking area" shall be defined as area delineated for vehicles which
are currently licensed/registered for over the road use and used for
customer, employee, vendor, or delivery vehicle parking. Parking or
storage areas for items which are or will be sold and not meeting
the above definition shall be considered display areas and subject
to said 2:1 parking requirements. The Planning Board shall have the
authority to waive the definition of "off-street parking area" when,
it its judgment, such action is in the public interest and not inconsistent
with the intent of this Zoning Bylaw; however, it shall not have authority
to waive the 2:1 requirement.
[Added 10-16-2008 STM by Art. 22]
5.4.3.
Any
building hereafter constructed or modified, altered, or expanded for
industrial/manufacturing use in the Industrial Zoning District shall
provide off-street parking spaces equal to one space per 300 square
feet of office space floor area, one space per 10,000 square feet
of other floor area, and one space for every employee on shift; provided,
however, that this requirement may be lowered, increased, or waived
by a majority vote of the Planning Board upon a finding that such
parking will be adequate for the proposed use and as approved will
not constitute a substantial inconvenience or hazard to abutters,
vehicles, or pedestrians. "Off-street parking spaces" shall be defined
as a paved, delineated space at least nine feet by 18 feet in dimension
and sufficient for vehicles which are currently licensed/registered
for over the road use. "Other floor area" shall be defined as storage,
manufacturing, processing, warehousing, garaging, or similarly used
floor area. Outdoor storage of vehicles at a warehouse or storage
facility shall not count towards the floor area. Parking for vehicles
used in furtherance of the industrial/manufacturing use (such as delivery
vehicles, maintenance vehicles, box trucks or the like) and existing
on site shall have designated parking spaces on-site in dimensions
appropriate for and commensurate with the particular vehicle(s); this
requirement shall be in addition to the off-street parking spaces
identified above.
[Added 6-20-2020 ATM
by Art. 22]
[Added 5-7-1987; amended 5-5-2011 ATM by Art. 18]
Open space is that space on a lot unoccupied by buildings or
structures unobstructed to the sky. Open spaces shall not be dedicated
to streets, driveways, walks, off-street parking, loading spaces,
storage of equipment or supplies, drainage ditches or designated wetlands,
and the amount of open space shall be expressed as a total percentage
(20% of total lot area). This area shall be maintained by vegetation
and plantings.
[Added 10-26-1988]
Every building lot created after the effective date of this
amendment shall contain the following amount of upland: 1/3 acre if
the lot is not to be sewered and 1/4 acre if the lot will be sewered.
For the purpose of this bylaw, "upland" is defined as land which is
neither defined as wetlands under the Massachusetts Wetlands Protection
Act[1] nor located within 100 feet of such wetlands.
[1]
Editor's Note: See MGL c. 131, §§ 40 and 40A.
[Added May 1998; amended 5-2-2014 ATM by Art. 29]
Vehicular egress/access to a lot must be across the front lot
line of the lot meeting the minimum frontage requirements, except
that the Planning Board may (but is not required to) issue a special
permit as provided in § 6.2.2 to permit vehicular egress/access
to a lot over a front lot line having less than the required minimum
frontage or over any side lot line or rear lot line when, in its judgment,
such action is in the public interest and not inconsistent with the
intent of this Zoning Bylaw.
In addition to and in conjunction with this, the Planning Board
may issue a special permit permitting a common driveway (a single
curb cut and driveway providing vehicular egress/access to more than
one lot) when, in its judgment, such action is in the public interest
and not inconsistent with the intent of this Zoning Bylaw, provided:
5.7.1.
Said common driveway shall not service more than three residential
lots. In the case of commercial/retail and industrial/manufacturing
uses in Business and Industrial zoned Districts a common driveway
may serve more than three lots, but the total shall be set by the
Planning Board in the issuance of their special permit.
5.7.2.
Said common driveway shall provide the only vehicular egress/access
to the lots being serviced by it, and this shall be so stated in the
deeds to the subject lots.
5.7.3.
Said common driveway shall not be eligible for maintenance by
the Town or for acceptance by Town Meeting as a street, and this also
shall be so stated in the deeds to the subject lots.
5.7.4.
The grade, length and location of the common driveway shall
be of suitable construction, in the opinion of the Planning Board,
for the access and turnaround of the number and types of vehicles,
including moving vans, ambulances, fire and police, which will be
utilizing such driveway.
5.7.5.
For common driveways servicing commercial/retail and industrial/manufacturing
uses in Business and Industrial zoned Districts, the design and construction
standards of said common driveway shall be set by the Planning Board
in the issuance of their special permit.
5.7.6.
Common driveways servicing residential properties shall comply
with all of the following:
5.7.6.1.
Shall have a length of no more than 500 feet; and
5.7.6.2.
Shall have a width of at least 15 feet; and
5.7.6.3.
Shall have passing turnouts providing a total width of at least
20 feet along a distance of at least 25 feet, spaced with no more
than 300 feet between turnouts, and with the first such passing turnout
being located at the driveway connection to the street; and
5.7.8.
Where applicable, easements and easement plans must be submitted
with the special permit application.
[Added 5-4-2000]
There shall be no construction of residential dwellings or commercial
buildings on that portion of a lot which is above 350 feet elevation
above sea level within one mile of a state park as defined by U.S.
Geological Survey maps. If a lot has no buildable area below 350 feet,
no construction will be permitted without a special permit from the
Planning Board. Such special permit will be granted only it the Planning
Board finds that the applicant has taken all feasible measures to
eliminate or diminish the effect of such construction on the scenic,
natural and historic values of the Mount Holyoke Range.
[Added 10-16-2008 STM by Art. 23]
No Class 1 motor vehicle dealership shall be permitted within
2.5 miles of an existing Class 1 motor vehicle dealership. This distance
shall be measured in a straight line from the closest points of the
properties.
