This bylaw, which may be known and cited as the "Norton Zoning
Bylaw," was initially adopted in 1974 and has been amended from time
to time for the purpose of promoting health, safety, convenience,
morals or welfare of the inhabitants of the Town of Norton, for lessening
the dangers of congestion and fire, to conserve the value of the land
and buildings, to encourage the most appropriate use of land and for
other purposes stated in Chapter 40A of the General Laws.
No building or structure in the Town of Norton shall hereafter
be erected, reconstructed, altered, enlarged, moved or changed in
use, nor shall the use of any land be changed, except in conformity
with the provisions of this bylaw for the district in which such building,
structure or land is or shall be located. All buildings, structures
and uses not hereby specifically or generally permitted in a district
nor exempt by state laws, or legally nonconforming, are hereby expressly
prohibited.
The provisions of this bylaw shall be deemed to be minimum requirements adopted for the purposes stated in §
175-1.1. Whenever any other bylaw of the Town of Norton, or any law or regulation of the Commonwealth of Massachusetts, imposes greater restrictions than this bylaw, such other bylaw, law or regulation shall prevail to the extent of such greater restrictions.
The provisions of this bylaw shall be held to be severable,
and the invalidity of any section or any provision hereof shall not
invalidate any other section or provision.
[Added 10-23-2017 FTM by Art. 24]
A. Nonconforming
single- and two-family residential structures may be reconstructed,
extended or altered as of right following a determination by the Building
Commissioner that such reconstruction, extension or alteration does
not increase the nonconforming nature of the structure, and does not
increase the habitable floor area of the structure by more than 25%.
B. No increase
in nonconforming nature. The reconstruction, extension or alteration
of a single- or two-family residential structure that is described
in any of the following circumstances shall not be deemed to increase
the nonconforming nature of a structure:
(1) Insufficient
areas: reconstruction, extension or alteration of a single- or two-family
residential structure that is located on a lot with insufficient lot
area, but that complies with all current dimensional requirements
for front, side and rear yards, building coverage, and building height
and where said reconstruction, extension or alteration complies with
all current dimensional requirements for front, side and rear yards,
building coverage, and building height.
(2) Insufficient
frontage: reconstruction, extension or alteration of a single- or
two-family residential structure that is located on a lot with insufficient
frontage, but that complies with all current dimensional requirements
for front, side and rear yards, building coverage, and building height
and where said reconstruction, extension or alteration complies with
all current dimensional requirements for front, side and rear yards,
building coverage, and building height.
(3) Yard
encroachment: reconstruction, extension or alteration of a single-
or two-family residential structure that does not further encroach
upon one or more nonconforming front, side or rear yards, but that
complies with current dimensional requirements for building coverage
and building height.
C. Increase
in nonconforming nature or increase in habitable floor area by 25%
or more. In the event that the Building Commissioner determines that
the reconstruction, extension or alteration of a nonconforming single-
or two-family residential structure increases the nonconforming nature
of the structure, or in the event that such reconstruction, extension
or alteration increases the habitable floor area of the structure
by 25% or more, a finding pursuant to MGL c. 40A, § 6 granted
by the Board of Appeals shall be required to allow such reconstruction,
extension or alteration. A determination may be granted by the Board
of Appeals only if there is a finding by the Board of Appeals that
the reconstruction, extension or alteration shall not be substantially
more detrimental to the neighborhood in which the structure is located
than the existing nonconforming structure.