Except as provided by law or in this bylaw in
each district, no building or structure shall be constructed, used
or occupied, nor shall land be used or occupied, except for the purposes
permitted as set forth in the accompanying Table of Use Regulations.[1]
3.1.1.
By right. A use listed in the Table of Use Regulations
is permitted as of right in any district under which it is denoted
by the letter "Y" subject to such restrictions as may be specified
elsewhere in this bylaw.
3.1.2.
Special permit: Board of Appeals. A use designated
in the Table of Use Regulations by the letters "BA" may be permitted
as a special permit only if the Board of Appeals so determines and
grants a special permit therefor as provided in Section 9.4 of this
bylaw subject to such restrictions as are set forth elsewhere in this
bylaw, and such restrictions as said Board may establish.
3.1.3.
Special permit: Planning Board. A use designated
in the Table of Use Regulations by the letters "PB" may be permitted
as a special permit only if the Planning Board so determines and grants
a special permit therefor as provided in Section 9.4 of this bylaw
subject to such restrictions as are set forth elsewhere in this bylaw,
and such restrictions as said Board may establish.
3.1.4.
Special permit: Board of Selectmen. A use designated
in the Table of Use Regulations by the letters "SB" may be permitted
as a special permit only if the Board of Selectmen so determines and
grants a special permit therefor as provided in Section 9.4 of this
bylaw subject to such restrictions as are set forth elsewhere in this
bylaw, and such restrictions as said Board may establish.
[1]
Editor's Note: The Table of Use Regulations
is included as an attachment to this chapter.
3.2.1.
Residential Districts. The following customary
and incidental accessory uses are allowed on the same lot in all Residential
Districts, including but not limited to the following:
1.
Private: swimming pool, pool cabana, tool shed, boathouse,
garage, and recreational playing surface, including, but not limited
to, tennis court, sport court, basketball court, and ice sport surface.
[Amended 5-14-2013 ATM by Art. 6]
2.
Use of buildings or land for the raising and keeping
of pets and of livestock or other farm animals (but not including
swine or mink) or the raising of poultry in a flock not to exceed
100 birds, provided that no such accessory farm building, barn or
enclosure shall be nearer than 50 feet to any side or rear lot line.
3.
Removal of sod, loam, sand, gravel or other earth
product in connection with the construction of a building for which
a building permit has been issued, subject to the Town bylaws, and
further provided that the amount of such material removed does not
exceed the amount contained, before construction, in the particular
space to be occupied by the foundation of said building.
4.
Family day care, large and small.
5.
Adult day care.
6.
Renting of room to not more than two boarders.
3.2.2.
Home occupations. A home occupation conducted
in a dwelling by a person residing on the premises is allowed in the
R-1a, R-1b, and RA District subject to the following:
1.
Such use is clearly incidental and secondary to the
use of the premises for residential purposes and does not constitute,
in effect, a conversion of principal use of the premises to a use
not permitted in this district;
2.
Such use shall not utilize more than 25% of the footprint
area of the dwelling unit to which such use is secondary;
3.
Not more than one person other than residents is employed
thereon in connection with such use;
4.
No nuisance shall be created by virtue of noise, smoke,
dust, odor, vibrations, electrical interference or unsightliness,
which is discernible from adjoining properties;
5.
There is no public display of goods or wares and there
are no signs except as permitted in the district;
6.
There is no exterior storage of material or equipment
(including the parking of more than two commercial vehicles) and no
other exterior indication of such use or variation from the residential
character of the premises; and
7.
Adequate off-street parking must be available on or
within 100 feet of the site to meet the needs of employees or visitors,
if any.
3.2.3.
Accessory building. An accessory building, including
a detached garage, located on any lot shall not be located closer
than 25 feet to the street on which the lot is located and shall not
be any closer to any side or rear lot line than the greater of the
height of such accessory building above the ground or 20 feet. No
accessory building shall be located closer than 20 feet to any dwelling
or main structure on a lot unless both structures conform to regulations
relative to fire safety.
3.3.1.
Applicability. This Zoning Bylaw shall not apply to structures or uses lawfully in existence or lawfully begun, or to a building or special permit issued before the first publication of notice of the public hearing required by G.L. c. 40A, § 5 at which this Zoning Bylaw, or any relevant part thereof, was adopted. Such prior, lawfully existing nonconforming uses and structures may continue, provided that no modification of the use or structure is accomplished, unless authorized hereunder.
3.3.2.
Nonconforming uses. The Board of Appeals may
award a special permit to change a nonconforming use in accordance
with this section only if it determines that such change or extension
shall not be substantially more detrimental than the existing nonconforming
use to the neighborhood. The following types of changes to nonconforming
uses may be considered by the Board of Appeals:
3.3.3.
Nonconforming structures; special permit required.
The Board of Appeals may award a special permit to reconstruct, extend,
alter, or change a nonconforming structure in accordance with this
section only if it determines that such reconstruction, extension,
alteration, or change shall not be substantially more detrimental
than the existing nonconforming structure to the neighborhood. The
following types of changes to nonconforming structures may be considered
by the Board of Appeals:
3.3.4.
Nonconforming structures; variance required.
Except as provided in Subsection 3.3.5, below, the reconstruction,
extension or structural change of a nonconforming structure in such
a manner as to increase an existing nonconformity, or create a new
nonconformity shall require the issuance of a variance from the Board
of Appeals; provided, however, the extension of an exterior wall at
or along the same nonconforming distance within a required yard shall
require the issuance of a special permit from the Board of Appeals.
3.3.5.
Nonconforming single- and two-family residential
structures. Nonconforming single- and two-family residential structures
may be reconstructed, extended, altered, or structurally changed upon
a determination by the Building Inspector that such proposed reconstruction,
extension, alteration, or change does not increase the nonconforming
nature of said structure. The following circumstances shall not be
deemed to increase the nonconforming nature of said structure:
1.
Alteration to a structure located on a lot with insufficient
area which complies with all current setback, yard, building coverage,
and building height requirements,
2.
Alteration to a structure located on a lot with insufficient
frontage which complies with all current setback, yard, building coverage,
and building height requirements.
3.
Alteration to a structure which encroaches upon one
or more required yard or setback areas, where the alteration will
comply with all current setback, yard, building coverage and building
height requirements.
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In the event that the Building Inspector determines
that the nonconforming nature of such structure would be increased
by the proposed reconstruction, extension, alteration, or change,
the Board of Appeals may, by special permit, allow such reconstruction,
extension, alteration, or change where it determines that the proposed
modification will not be substantially more detrimental than the existing
nonconforming structure to the neighborhood.
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3.3.6.
Abandonment or non-use. A nonconforming use
or structure which has been abandoned, or not used for a period of
two years, shall lose its protected status and be subject to all of
the provisions of this Zoning Bylaw; provided, however, that by issuance
of a special permit, the Board of Appeals may reestablish such nonconforming
use or structure where such reestablishment shall not cause substantial
detriment to the community.
3.3.7.
Reconstruction after catastrophe or demolition.
Any nonconforming structure may be reconstructed after a catastrophe
or after demolition in accordance with the following provisions:
1.
Reconstruction of said premises shall commence within
two years after such catastrophe or demolition.
2.
Building(s) as reconstructed shall be located on the
same footprint as the original nonconforming structure, shall be only
as great in volume or area as the original nonconforming structure,
and shall meet all applicable requirements for yards, setback, and
height.
3.
In the event that the proposed reconstruction would
(a) cause the structure to exceed the volume or area of the original
nonconforming structure or (b) exceed applicable requirements for
yards, setback, and/or height or (c) cause the structure to be located
other than on the original footprint, a special permit shall be required
from the Board of Appeals prior to such demolition.
3.3.8.
Reversion to nonconformity. No nonconforming
use shall, if changed to a conforming use, revert to a nonconforming
use.
Temporary uses for amusement and recreation
shall require the issuance of a special permit from the Board of Selectmen,
and may be subject to appropriate conditions.
