The Town of Westminster is hereby divided into
zoning districts designated as follows:
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Residential Districts
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R-I
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(50,000)
[Amended STM 11-2-1978 by Art. 4] | |
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R-II
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(60,000)
[Amended STM 10-12-1999 by Art. 14] | |
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R-III
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(86,000)
| |
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Commercial Districts
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C-I
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(Highway)
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C-II
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(Neighborhood)
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VC
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(Village Center)
[Amended 5-7-2016 by Art. 36] | |
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Industrial Districts
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I-I
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I-II
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[Added STM 10-10-1995 by Art. 17] | |
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Floodplain and/or Wetland Protection Districts
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F
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Solid Waste Management District
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SWMD
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[Added STM 11-28-2017 by Art. 10] | |
A.
Except for Floodplain Districts, the location and
boundaries of these districts are hereby established as shown on a
map entitled "Zoning Map of the Town of Westminster," dated March
27, 1974, bearing the signatures of the members of the Planning Board
and on file in the office of the Town Clerk, which map, with all explanatory
matter thereon is declared to be a part of this chapter.[1]
[1]
Editor’s Note: A copy of the Zoning Map is included as an attachment to this chapter. The Zoning Map, entitled “Westminster, MA: Zoning Map,” prepared by the Montachusett Regional Planning Commission, dated November 27, 2018, and replacing the existing Zoning Map, was adopted STM 5-7-2022 by Art. 24.
B.
Any changes or amendments made at a Town meeting in accordance with the provisions of Article XIII of this chapter shall be indicated by the alteration of said map, and the map thus altered is declared to be a part of the bylaws; thus amended alterations shall be made to the map by the Planning Board and shall be signed and dated by said Board.
A.
Where a district boundary is indicated as within or
parallel to a street, highway, railroad right-of-way, watercourse
or Town municipal boundary such district boundary shall be construed
as the center line or being parallel to the center line of such street,
highway, railroad right-of-way, watercourse or Town municipal boundary.
If a watercourse, the center line shall be defined as the center line
of the natural channel.
B.
Whenever any uncertainty exists as to the exact location
of a boundary line, the location of such line shall be determined
from the scale of the map by the Building Inspector or enforcing officer
of this chapter.
[Added STM 11-28-2017 by Art. 11]
A.
Purpose. The purpose of the SWMD is to provide a suitable location
for solid waste management and recycling facility uses within the
Town of Westminster that will protect the health and safety of the
residents of the Town while allowing the Town to meet its solid waste
management and recycling facility needs.
C.
Prohibited uses.
(1)
Solid waste management and recycling facility uses which are subject
to Board of Health site assignment, and which are not in compliance
with the terms and conditions of said site assignment.
(2)
Solid waste management and recycling facility uses which are subject
to permitting by the Massachusetts Department of Environmental Protection,
and which are not in compliance with the terms and conditions of said
permits.
[1]
Editor's Note: Former § 205-8, Wetland
Protection District, added STM 12-13-1982 by Art. 2, was repealed
ATM 5-2-2006 by Art. 51.
[Amended STM 12-13-1982 by Art. 2]
A.
Purpose. The purposes of the Floodplain District are
to protect the public health, safety and general welfare, to protect
human life and property from the hazards of periodic flooding, to
preserve the natural flood control characteristics and the flood storage
capacity of the floodplain and to preserve and maintain the groundwater
table and water recharge areas within the floodplain.
B.
District delineation.
(1)
The general boundaries of the Floodplain District
are shown on the Westminster Flood Insurance Rate Map (FIRM) dated
July 19, 1982, as Zones A, A1-30 to indicate the one-hundred-year
floodplain. The exact boundaries of the district are defined by the
one-hundred-year-water-surface elevations shown on the FIRM and further
defined by the flood profiles contained in the Flood Insurance Study
dated January 1982. The floodway boundaries are delineated on the
Westminster Flood Boundary Floodway Map Map (FBFH) dated July 19,
1982, and further defined by the floodway data tables contained in
the Flood Insurance Study. These two maps, as well as the accompanying
study, are incorporated herein by reference and are on file with the
Town Clerk, the Planning Board and the Building Inspector.
(2)
Within Zone A, where the one-hundred-year flood elevation
is not provided on the FIRM, the developer/applicant shall obtain
any existing flood elevation data and it shall be reviewed by the
Planning Board. If the data is sufficiently detailed and accurate,
it shall be relied upon to require compliance with this chapter and
the State Building Code.
C.
Use regulations. The Floodplain District is established
as an overlay district to all other districts. All development, including
structural and nonstructural activities, whether permitted by right
or by special permit, must be in compliance with MGL c. 131, § 40,
and with the requirements of the Massachusetts State Building Code
pertaining to construction in the floodplains (currently Section 744).
(1)
Permitted uses. The following uses of low flood-damage
potential and causing no obstructions to flood flows shall be allowed,
provided that they are permitted in the underlying district and they
do not require structures, fill or storage of materials or equipment:
(a)
Agricultural uses such as farming, grazing,
truck farming, horticulture, etc.
(b)
Forestry and nursery uses.
(c)
Outdoor recreational uses, including fishing,
boating, play areas, etc.
(d)
Conservation of water, plants wildlife.
(e)
Wildlife management areas, foot, bicycle and/or
horse paths.
(f)
Temporary nonresidential structures used in
connection with fishing, growing, harvesting storage or sale of crops
raised on the premises.
(g)
Buildings lawfully existing prior to the adoption
of these provisions.
D.
Special permits. No structure or building shall be
erected, constructed, substantially improved or otherwise created
or moved; no earth or other materials dumped, filled, excavated or
transferred, unless a special permit is granted by the Zoning Board
of Appeals. Said Board may issue a special permit hereunder (subject
to other applicable provisions of this chapter) if the application
is compliant with the following provisions:
(1)
The proposed use shall comply in all respects with
the provisions of the underlying district;
(2)
Within 10 days of receipt of the application, the
Board shall transmit one copy of the development plan to the Conservation
Commission, the Planning Board, Board of Health, Town Coordinator[1] and the Building Inspector. Final action shall not be
taken until reports have been received from the above Boards or until
35 days have elapsed;
[1]
Editor’s Note: The Annual Town Meeting voted 5-1-2010
by Art 30 to authorize the Select Board to appoint a Town Administrator
to replace the position of Town Coordinator.
(3)
All encroachments, including fill, new construction,
substantial improvements to existing structures and other development
are prohibited, unless certification by a registered professional
engineer is provided by the applicant demonstrating that such encroachment
shall not result in any increase in flood levels during the occurrence
of the one-hundred-year flood; and
(4)
The Board may specify such additional requirements
and conditions it finds necessary to protect the health, safety and
welfare of the public and the occupants of the proposed use.
