In this bylaw, the following terms shall have the following
meanings, unless a contrary meaning is required by the context or
is specifically prescribed:
A self-contained housing unit incorporated within a single-family
dwelling or accessory building that is clearly subordinate to the
principal residence.
[Added 5-3-2021 ATM by Art. 11]
A detached building, which is located on the same lot with
the main building or use and which is subordinate and customarily
incidental to the use of the main building or land.
[Amended 5-1-2017 ATM
by Art. 12]
Any use which is subordinate and customarily incidental to
a principal use.
[Amended 5-1-2017 ATM
by Art. 12]
Housing units and associated facilities for the elderly,
55 and older, who require daily assistance but who do not require
nursing home care. Associated or shared facilities may include common
dining facilities, housekeeping services and common space for indoor
and outdoor social, educational and recreational activities. Associated
facilities may provide additional services beyond congregate housing,
including daily meals and personal services, medical monitoring and
supervision.
[Added 5-5-1997
ATM by Art. 13]
In the Residential Zoning District, a lot as permitted by § 250-13E, Backland zoning.
[Added 5-3-1999
STM by Art. 16]
The Base Town Map and Zoning District Map shall be known
as and referred to in the Town of Bolton Zoning Bylaws as the "Base
Map." The Base Map is the map prepared by Ducharme & Dillis Civil
Design Group, Inc., revised September 2016 and on file with the Town
Clerk.[1]
[Added 5-4-1998
ATM by Art. 18; amended 5-4-2004 ATM by Art. 22; 11-14-2005 STM by Art. 4; 7-14-2008 STM by Art. 1; 5-7-2012 ATM by Art.
26; 5-1-2017 ATM by Art. 13]
A private owner-occupied dwelling where four to 10 rooms
are let, a breakfast is included in the rent and all accommodations
are reserved in advance.
[Added 6-22-2020 ATM by Art. 10]
A private owner-occupied dwelling where not more than three
rooms are let, a breakfast is included in the rent and all accommodations
are reserved in advance.
[Added 6-22-2020 ATM by Art. 10]
A structure having walls and a roof, including porches covered
or uncovered, capable of being used to shelter persons, animals, materials
or equipment.
Outdoor storage of sand, lumber, coal or other large-volume
materials, and storage of liquids in tanks except underground as an
accessory use, except customary storage in connection with residential
use.
In the Residential Zoning District, a driveway serving no more than five single-family dwellings or lots as permitted by § 250-17B, Common driveways serving three lots to five lots.
[Added 5-3-1999
STM by Art. 16]
Housing units and associated facilities for the elderly,
55 and older, who do not require constant supervision. A congregate
living housing unit consists of a room or group of rooms for one or
more persons with provisions for living and sleeping for the exclusive
use of the individual or household unit. The congregate living housing
unit may provide exclusive cooking and sanitary facilities. Associated
or shared facilities may include common dining facilities, housekeeping
services and common space for indoor and outdoor social, educational
and recreational activities.
[Added 5-5-1997
ATM by Art. 13]
A building containing one or more rooms with cooking, living,
sanitary and sleeping facilities arranged for the use of one or more
persons living together as a single housekeeping unit.
Premises comprising 10 acres or more used principally for
standard golf course, skiing, snowmobiling, horseback riding, camping,
or similar extensive recreation, with structures occupying not more
than 2% of lot area.
The sale of preprepared or rapidly prepared food directly
to the customer in a ready-to-consume state for consumption either
within the building or outside the building or off premises, or within
a parked motor vehicle and usually requires ordering at a counter
and whose principal method of operation includes sale of food and
beverages in paper, plastic or other disposable containers. This regulation
shall not apply to ice cream parlors. The intent of the regulation
is to address the adverse impacts of fast-food restaurants on Bolton's
historic and adjacent residential areas as well as gateways to the
Town. The proliferation of fast-food establishments has a negative
impact on the Town's economy, historical relevance, unique character
and economic vitality. These uses are therefore restricted in order
for Bolton to maintain unique dining experiences. Fast-food establishments
detract from the overall historic village experience and are found
to be obtrusive and have substantial impacts to the public safety
from increases in traffic, litter and childhood obesity.
[Added 5-7-2012
ATM by Art. 24; amended 5-1-2017 ATM by Art. 10]
An occupation or profession engaged in within a dwelling,
or accessory building, by a resident thereof as a use accessory thereto.
The fabrication, processing, packaging, or assembly operations
employing only electric or other substantially noiseless and inoffensive
motor power, utilizing hand labor or quiet machinery and processes,
and free from neighborhood-disturbing agents such as odors, gas, fumes,
smoke, cinders, refuse matter, electromagnetic radiation, heat, or
vibration; provided that there is no outside storage of materials
or finished goods.
[Added 5-6-2019 ATM by
Art. 11]
A dwelling unit in which up to 50% of the floor area is used
for the production, showing and sale of art or handcrafted artisan
crafts.
[Added 5-7-2012
ATM by Art. 24]
A portion of subdivided land, shown on a plan submitted by
a registered land surveyor, which conforms to the bylaws of the Town
of Bolton.
[Added 5-3-1993
ATM by Art. 12; amended 5-4-1998 ATM by Art. 22]
The horizontal area of the lot exclusive of any area in a street or recorded way open to public use within the Town of Bolton. The minimum lot area for permitted uses within the Town of Bolton must be met by contiguous horizontal area within the Town of Bolton. However, see exception in Note B of § 250-13B.
[Amended 5-4-1998
ATM by Art. 22]
The percentage of total lot area, within the zone of proposed
use, that is covered by structures or roofed.
[Amended 5-7-1990
ATM by Art. 7]
That portion of a lot fronting upon and providing rights
of access to a street shown on the Base Map, and listed on the Schedule
of Town Roads on file with the Town Clerk, or to an approved or accepted
new right-of-way laid out in accordance with the Rules and Regulations
Governing the Subdivision of Land in the Town of Bolton, to be measured
continuously along a single street line. Owners of lots fronting upon
two streets may select that which shall be considered frontage. On
a corner lot, frontage shall be measured to the point of intersection
of the extension of the side lines of the streets. The minimum frontage
for permitted uses within the Town of Bolton must be met by contiguous
frontage within the Town of Bolton on an approved or accepted right-of-way
in the Town of Bolton.
[Amended 5-1-1989
ATM by Art. 8; 5-4-1992 ATM by Art.
6; 5-4-1998 ATM by Art. 22]
A not-for-profit entity registered under 105 CMR 725.100,
to be known as a "registered marijuana dispensary (RMD)," that acquires,
cultivates, possesses, processes [including the development of related
products such as edible marijuana infused products (MIPs), tinctures,
aerosols, oils or ointments], transfers, transports, sells, distributes,
dispenses or administers marijuana, products containing marijuana,
related supplies or educational materials to registered qualifying
patients or their primary caregivers. Unless otherwise specified,
"RMD" refers to the site of dispensing, cultivation, and preparation
of marijuana.
[Added 5-5-2014 ATM by
Art. 14]
A combination of residential and business uses, arranged
vertically (in multiple stories of a structure) or horizontally (adjacent
to one another in one or more buildings on a lot).
[Added 5-7-2012
ATM by Art. 24]
A moveable or portable dwelling unit built on a chassis,
designed for connection to utilities when in use, and designed without
necessity of a permanent foundation for year-round living.
Premises which have been planned and improved for the placement
of two or more mobile homes for nontransient use.
The Town of Bolton.
Intermediate and skilled care nursing facilities to provide
an intensive level of nursing and medical care for patients.
[Added 5-5-1997
ATM by Art. 13]
A portion of subdivided land, shown on a plan submitted by
a registered land surveyor, which does not conform to the bylaws of
the Town of Bolton. The parcel shall be noted as a nonbuildable parcel
on said plan.
[Added 5-3-1993
ATM by Art. 12; amended 5-4-1998 ATM by Art. 22]
A building or use which is not an accessory use.
Research and development laboratories in the fields of biotechnology,
medical, pharmaceutical, physical, environmental, biological, and
behavioral sciences as well as software and electronic design; wholly
within an enclosed building.
[Added 5-6-2019 ATM by
Art. 11]
An establishment whose principal use is for serving food
within a building, or portion thereof, containing tables and/or booths,
which is designed, intended and used for the indoor sale and consumption
of food prepared on the premises, except that food may be consumed
outdoors in landscaped terraces, designed for dining purposes as approved
by the Planning Board under a special permit. The term "restaurant"
shall not include "fast-food restaurants."
[Added 5-7-2012
ATM by Art. 24]
A public way, or a way which the Town Clerk certifies is
maintained and used as a public way, or a way approved and endorsed
by the Planning Board in accordance with the Subdivision Control Law,
or a way in existence when the Subdivision Control Law became effective
in the Town of Bolton.
[Added 5-3-1999
STM by Art. 16]
A building consisting of individual, small, self-contained
units that are leased or owned for the storage of business and household
goods, automobiles, boats, or contractors supplies.
[Added 5-6-2019 ATM by
Art. 11]
In the Residential Zoning District, a driveway serving no more than two single-family dwellings or lots as permitted by § 250-17, Driveways and parking.
[Added 5-3-1999
STM by Art. 16]
Any device displaying, or any display of, any letter, word,
picture, symbol, or object designed to inform or attract the attention
of persons not on the premises on which such device or display is
located, including billboards and any such internally or decoratively
illuminated building surface other than an unobstructed window.
A facility operated as a business, open to the public and
designed and equipped for the conduct and instruction of sports and
recreation with activities such as baseball, basketball, football,
soccer, lacrosse, rugby, hockey, rock climbing, laser tag, running
track, health club, bowling, racquetball, tennis and squash, swimming,
curling, golf and other customary sports and recreational activities.
Activities such as motor sports or activities using any form of motorized
vehicles, firing ranges, sports stadiums, camping facilities, water
parks, outdoor miniature golf courses, billiard parlors, or roller
skating are not allowed.
[Added 5-6-2013 ATM by Art. 12]
A combination of materials assembled by man, the use of which
requires fixed location on the ground, or attachment to something
on the ground. Structures include buildings, dwellings, towers, masts,
sheds, roofed storage areas, mechanical equipment, swimming pools,
permanent sporting facilities and signs. Structures do not include
fences, walls, driveways, walkways, or other paved areas.
A building used primarily for the enclosed storage of goods
and materials for distribution, but not for sale on the premises,
excluding mini- or self-storage facilities. Support facilities such
as office and administrative included.
[Added 5-6-2019 ATM by
Art. 11]
An area open to the sky, located between a street or other
property line and any structure or element thereof other than a fence,
wall, other customary yard accessory, or projection allowed to encroach
on building lines by the Commonwealth of Massachusetts State Building
Code. Depth is to be measured perpendicularly to the street or property
line.
A yard extending between lot side lines across the front
of a lot adjacent to each street the lot adjoins.[2]
[1]
Editor's Note: A copy of the Base Town Map is included at the end of this chapter.
[2]
Editor's Note: Former Section 3.0, Street Acceptance, which
immediately followed, was deleted 5-4-1992 STM by Art. 8.
