All buildings or structures hereinafter erected, reconstructed,
altered, enlarged, extended or moved, and uses of land and premises
in the Town of South Hadley shall be in conformity with the provisions
of this bylaw.
The effective date of the adoption of this bylaw, and any amendments
thereto, shall be the date on which such adoption or amendment is
voted by a two-thirds majority of Town Meeting members, provided that
it is published and posted as required by MGL c. 40A, § 5.
Should any section or provision of this bylaw be declared by
the courts to be invalid, such decision shall not invalidate any other
section or provision of this bylaw.
This bylaw shall not repeal, annul, or in any way impair or
remove the necessity of compliance with any other rule, regulation,
bylaw, permit or provision of law. However, where this bylaw imposes
a greater restriction upon the use of land, buildings or structures,
the provisions of this bylaw shall control.
A.
This bylaw may from time to time be changed by amendment, addition
or repeal by the Town Meeting in the manner provided in MGL c. 40A,
§ 5 as amended, and MGL c. 40, § 32, as amended.
B.
In all cases where warrant articles for zoning amendments or changes
are initiated by petition or request from individuals or groups, said
individuals or groups shall pay the cost of notice of the public hearing,
except that boards and departments of the Town of South Hadley shall
be exempt from such requirement.
A.
Applicability. This bylaw or any amendments thereto shall not apply
to the use of any structure or land lawfully in existence or lawfully
begun, or to a building or special permit issued before the first
publication or notice of the public hearing on such bylaw required
by MGL c. 40A, § 6, as amended, but shall apply to any change
or substantial extension of such use, to a building or special permit
issued after the first notice of said public hearing, to any reconstruction,
extension or structural change of such structure and to any alteration
of a structure begun after the first notice of said public hearing
to provide for its use for a substantially different purpose or for
the same purpose in a substantially different manner or to a substantially
greater extent, except where alterations, reconstruction, extension
or structural change to a single- or two-family residential structure
does not increase the nonconforming nature of said structure.
B.
Change, substantial extension or alterations.
(1)
Preexisting nonconforming structures or uses may be changed, extended
or altered only upon approval of a special permit for such purpose
by the Planning Board acting as the special permit granting authority,
provided that the Planning Board shall find that such change, extension
or alteration will not be substantially more detrimental than the
existing nonconforming use to the neighborhood in which it is located.
This shall not apply to billboards, signs, and other advertising devices
subject to the provisions of MGL c. 93, §§ 29 through
33, inclusive, and to MGL c. 93D.
(2)
In any twelve-month period, a nonconforming use or structure may
not be altered, except as ordered by the Building Commissioner to
make it safe, to the extent that the cost of such alterations exceeds
50% of the assessed value of the use or structure at the time of the
change.
(3)
Waiver of special permit requirement. The Planning Board may waive
the requirement for a special permit when the changes/alterations
are minor (such as those of a cosmetic nature, those necessary for
users'/occupants' safety, those necessary to make the facility handicapped
accessible, or any changes/alterations of a similar nature) and do
not increase the capacity or change the use of the facility. Persons
desiring such a waiver must submit a written request to the Planning
Board and detail the changes/alterations to be made. The Planning
Board may act on the request at a regular posted meeting without holding
a public hearing. In granting such a waiver, the Planning Board must
determine that the proposed changes/alterations will not be more detrimental
than the existing nonconforming use to the neighborhood in which it
is located. Granting of a waiver pursuant to this section of the Zoning
Bylaw requires an affirmative vote by no less than four of the Planning
Board members.
C.
Restoration. Any nonconforming use or structure in existence at the
time of this bylaw or any amendment thereto may be reconstructed on
the original foundation area if damaged or destroyed by fire or other
accidental or natural cause; provided that not more than 50% of the
use or structure, exclusive of foundations, has been so damaged or
destroyed. Rebuilding or restoration, when permitted, shall be completed
within 12 months after such catastrophe or disaster.
D.
Abandonment. When a nonconforming use is discontinued, as evidenced by a lack of such use in a structure or vacancy, for a continuous period of 24 months, or by substitution of a more compatible use as provided in Subsection B above, such nonconforming use shall not thereafter be reestablished and all future uses shall be in conformity with the provisions of this bylaw.
E.
Exception to special permit requirement. The requirement of Subsection B that preexisting nonconforming structures may be changed, extended or altered only upon approval of a special permit for such purpose by the Planning Board shall not apply where the proposed expansion/alteration of the structure will conform to the Zoning Bylaw dimensional requirements specified in § 255-21 of the Zoning Bylaw. This exception shall only apply to change, extension, or alteration of nonconforming structures and not nonconforming uses. Nothing in this section shall relieve the requirements for a special permit where a special permit is required under § 255-19 or Article VII or Article VIII of the Zoning Bylaw; neither shall anything in this section relieve the requirements for site plan review of any change, extension, or alteration where site plan review is required under § 255-19 or Article XII of the Zoning Bylaw.
