Non-Conforming Lots, Uses and Structures

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BYLAW: Article 9: Non-Conforming Lots, Uses and Structures

MUNICIPALITY: Amherst, MA.

DATE ADOPTED: July 1998

FOR MORE INFORMATION ON THIS BYLAW CONTACT:
Jonathan Tucker, Planning Director
4 Boltwood Ave
Amherst, MA 01002
(413) 259-3040
planning@amherstma.gov

TEXT OF THE BYLAW

CONTENTS:

SECTION 9.0 OVERVIEW

SECTION 9.1 NON-CONFORMING LOTS

SECTION 9.2 NON-CONFORMING USES AND STRUCTURES

SECTION 9.0 OVERVIEW

Non-conforming Lots, Uses, and Structures shall be regulated as provided in Chapter 40A, Section 6 of the General Laws and as provided in this Bylaw.

SECTION 9.1 NON-CONFORMING LOTS

9.10 Not withstanding the area and frontage requirements hereof, a detached one-family or two-family residential use or lawful building other than a dwelling may be constructed and used on a lot having less than the prescribed basic minimum area and/or minimum frontage, width, yard or depth requirements (provided that all other regulations of this Bylaw are complied with) if said lot, prior to the date of the adoption of the requirements in question was otherwise exempt from such requirements by the provisions of Chapter 40A, Section 6. 

9.11 Such a non-conforming lot shall not be further reduced in area or frontage, and if it is subsequently combined with other land in such a way as to reduce or eliminate the non-conformity, it shall not again be subdivided except in accord with this Bylaw.

SECTION 9.2 NON-CONFORMING USES AND STRUCTURES

9.20 Any lawful building or structure, or use of a building, structure or land, existing at the time of adoption of this Bylaw or any amendment thereto which does not conform to the regulations thereof may be continued. However, except as hereinafter set forth, a non-conforming building or structure shall not be structurally altered, enlarged, nor reconstructed.

9.21 For the purposes of this section a non-conforming use which has been discontinued for twenty four (24) consecutive months shall not be re-established and any future use shall conform to the regulations of this Bylaw.

9.22 The Board of Appeals may authorize, under a Special Permit, a non-conforming use of a building, structure or land to be changed to a specified use not substantially different in character or in its effect on the neighborhood or on property in the vicinity. Said Board may also authorize, under a Special Permit, a non-conforming use of a building, structure, or land to be extended, or a non-conforming building to be structurally altered, enlarged or reconstructed; provided that such alteration, enlargement, or reconstruction shall not be substantially more detrimental to the neighborhood than the existing non-conforming use or non-conforming building. 

9.23 A building or structure devoted to a non-conforming use (whether in whole or in part) or a building or structure non-conforming as to setback, yards, coverage or height, may, if damaged or destroyed by fire or other accidental cause, be repaired or reconstructed within the same portion of the lot and used as before, provided that such repair or reconstruction is substantially completed within twenty four (24) months of the date of the damage or destruction.