This Zoning Bylaw is enacted pursuant to, and under the authority
of, Chapter 40A of the General Laws, and amendments thereto, and of
Article 89 of the Amendments to the Constitution, for the purpose
of guiding the sound development of the Town of Bolton.
A.
Compliance certification. No development shall be undertaken without
certification by the Inspector of Buildings that such action is in
compliance with the then-applicable Zoning Bylaw, or without review
by him regarding whether all necessary permits have been received
from those governmental agencies from which approval is required by
federal, state, or local law. "Development," for these purposes, shall
mean erecting, moving, substantially altering a building, sign, or
other structure or constructing a driveway. Issuance of a building
permit or certificate of use and occupancy, where required under the
Commonwealth of Massachusetts State Building Code, may serve as such
certification.
B.
Zoning review. Materials submitted in application for such certification
shall, upon receipt, be reviewed and forwarded by the Inspector of
Buildings to the Select Board, which within 14 days of receipt by
it shall determine whether or not the proposal is in compliance with
all bylaws and is otherwise eligible to proceed and shall so notify
the Inspector of Buildings.
[Amended 5-3-2021 ATM by Art. 10]
C.
Enforcement. The Select Board shall take all such action as may be
necessary to secure full compliance with the provisions of this bylaw,
permits issued thereunder and variances granted under this bylaw or
applicable statutes.
[Amended 5-3-2021 ATM by Art. 10]
A.
Other laws. Where the application of this bylaw imposes greater restrictions
than those imposed by any other regulations, permits, restrictions,
easements, covenants or agreements, the provisions of this bylaw shall
control.
B.
Conformance. Construction or operations under a building or special
permit shall conform to any subsequent amendment of this bylaw 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.
C.
Preexisting nonconforming uses and structures.
[Added 12-1-1987
STM by Art. 12]
(1)
Extension or alteration. As provided in MGL c. 40A, § 6,
a preexisting nonconforming single- or two-family dwelling may be
altered or extended, provided that doing so does not increase the
nonconforming nature of said structure, and other preexisting nonconforming
structures or uses may be extended or altered on special permit from
the Board of Appeals if the Board of Appeals finds that such extension
or alteration will not be substantially more detrimental to the neighborhood
than the existing nonconforming structures or use. Generally, an increase
of not over 100% from the original floor area of the building at the
time of the adoption of the Zoning Bylaw on April 13, 1972, or not
over 50% of the ground area in use at that time, shall be considered
as not substantially more detrimental to the neighborhood. Once changed
to a conforming use, no structure or land shall be permitted to revert
to a nonconforming use.
(2)
Restoration. Any legally preexisting nonconforming building or structure
may be reconstructed if destroyed by accidental or natural cause if
reconstruction is begun within 12 months and completed within 24 months
from the date of the catastrophe (unless a longer period is allowed
through a special permit), or else such reconstruction must comply
with this bylaw.
(3)
Abandonment. A preexisting 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 premises
shall conform with this bylaw.
D.
Nonconforming lots ("The 1973 amendment"). This section shall not
prohibit the erection of a single-family residence on a lot or parcel
of land located within the residential zone of the Town of Bolton
as set forth in the Base Map if said lot or parcel does not meet the
minimum requirements of this amendment; provided, however, that, prior
to the effective date in 1958 of the original bylaw, the lot or parcel
of land was in single or joint ownership by a deed and/or a plan recorded
in the Worcester District Registry of Deeds or that the lot or parcel
of land was in single or joint ownership by deed recorded in the Worcester
District Registry or a plan recorded in the same registry between
the effective date in 1958 of the original bylaw and the effective
date of 1973 amendment of this section, and that the plan or plans,
as recorded, bear the proper approvals of the Planning Board of the
Town of Bolton where required by law; and said deed or plans otherwise
conform to the bylaws existent between the effective date in 1958
of the original bylaw and the effective date of the 1973 amendment,
for use as a single-family residential building lot.
[Amended 5-4-1992
ATM by Art. 6]
The invalidity of any section or provisions of this bylaw shall
not invalidate any other section or provision hereof.
