A.
Establishment. The Town of Charlton is hereby divided into the following
zoning districts.
[Amended 5-16-2022 ATM by Art. 17]
|
Title
|
Short Name
| |
|---|---|---|
|
Agricultural or Rural Reidential
|
A or R-60
| |
|
Low Density Residential
|
R-40
| |
|
Residential - Small Enterprise
|
R-SE
| |
|
Neighborhood Business
|
NB
| |
|
Village
|
V
| |
|
Community Business
|
CB
| |
|
Industrial - General
|
IG
| |
|
Business Enterprise Park
|
BEP
| |
|
Floodplain
|
FP
| |
|
Adult Entertainment
|
AE
| |
|
Wireless Telecommunication Facilities
|
WCF
|
B.
Zoning Map. The boundaries of the districts are defined and bounded
on the map entitled "Town of Charlton Zoning Map" dated March 3, 1987,
on file with the Town Clerk. That map and all explanatory matter thereon
is hereby made a part of this bylaw, together with any amendments
adopted by vote of the Town Meeting. Upon adoption the Zoning Map
shall also be the Official Town Map.
C.
District boundaries. Boundaries of zoning districts indicated on
the Zoning Map as approximately following or terminating at a Town
limit or lot line, or street, railroad, or stream center lines shall
be construed to be actually at those lines. Boundaries indicated as
at a numerically noted distance from a street line shall be construed
to be actually parallel to, and located such distance in feet from
such street line. When not locatable in any other way, boundaries
shall be determined by scale from the map.
D.
Divided lots. Where boundary of a zoning district divides a lot having
frontage on a street in a less restricted district, the provisions
of this bylaw covering the less restricted portion of the lot may
extend not more than twenty-five (25) feet within the lot beyond the
district boundary. Where the boundary of a district divides a lot
having frontage on a street in a more restricted district, the provisions
of this bylaw covering the more restricted portion of the lot shall
extend to the entire lot. For the purposes of this section, the districts
in descending order from more restricted to less restricted are: Floodplain,
Agricultural or Rural Residential, Low Density Residential, Residential
- Small Enterprise, Neighborhood Business, Community Business, Business
Enterprise Park and Industrial General.
[Amended 5-16-2022 ATM by Art. 17]
E.
District intents and purposes.
(1)
Agricultural (A) or Rural Residential (R-60): to provide for
lowest density residential uses while at the same time encouraging
open space, preserving or enhancing views, protecting the character
of the historic rural and agricultural environs, preserving or enhancing
visual landscapes, recognizing site and area limitations for on-site
wastewater disposal systems in terms of drainage, soil suitability,
proximity to surface and aquifer and other subsurface water resources,
and slope. Any reference in these bylaws to the Agricultural (A) District
now applies to the Rural Residential (R-60) District.
[Amended 5-16-2022 ATM by Art. 17]
(2)
Low Density Residential (R-40): to provide sites for low-density
residential development with respect to the existing character of
the neighboring homes and properties, including compatible related
home-oriented activities and pursuits in a rural environment.
(3)
Residential - Small Enterprise (R-SE): to provide sites for
a mixture of medium- and low-density residential uses and small-scale
commercial and light industrial uses which minimize the visibility
of parked cars, avoid the appearance of commercial strips and congestion
in the abutting streets and ways, and retain the character and the
quality of life in the rural New England village.
[Amended 5-16-2022 ATM by Art. 17]
(4)
Neighborhood Business (NB): to provide sites for small-scale
business development for local and transient services compatible with
low- and medium-density residential development within village settings
which minimizes the visibility of parked cars, avoids the appearance
of commercial strips and congestion in the abutting streets and ways,
and retain the character and the quality of life in the rural New
England village.
[Amended 5-16-2022 ATM by Art. 17]
(5)
Community Business (CB): to provides sites for businesses that
serve the entire Town and people and traffic passing through the Town,
and which, through proper siting, landscaping and design, create amenities
and avoid, to the maximum extent possible, the appearance of commercial
strips, and adverse impacts on abutting streets and uses.
(6)
Industrial - General (IG): to provide sites for industry which
create employment opportunities and capitalizes on the use of Charlton's
access and environmental conditions and labor force, while recognizing
the limitations of Charlton to handle traffic, water runoff, sewage,
and other environmental and neighborhood impacts.
(7)
Business Enterprise Park (BEP) (replaced IP May 2003): to provide
parcels of land where a range of compatible uses are encouraged to
locate in a parklike setting. Such uses shall be "abutter friendly";
that is, they shall impact abutting lands minimally as to sight, sound,
odor and traffic. Allowed uses include a mix of manufacturing, research
and development, office, distribution, and other compatible uses which
offer an opportunity for employment growth and an expansion of the
tax base in the Town of Charlton or a mix of commercial, office and
multifamily residential uses.
[Amended 5-16-2022 ATM by Art. 17]
(8)
Floodplain (FP): to insure the minimization of flood damage
and to minimize any impediment to the natural flow of flood waters.
This applies to all zones.
(9)
Adult Entertainment (AE): to provide an area where adult entertainment
uses are allowed and regulated.
(10)
Wireless Telecommunication Facilities (WCF): to provide locations
where wireless communication facilities are allowed, but regulated
to minimize their aesthetic impacts as much as practicable.
(11)
Village (V): to promote mixed-use development consistent with
traditional New England villages, to provide pedestrian-scale amenities
to encourage small-scale retail uses commercial services in harmony
with a residential environment, and to offer flexibility in design
standards that recognizes strict adherence to well-intended regulations
can inhibit the originality needed to preserve and create vigorous
village environments.
A.
General. Buildings and other structures shall be erected or used and premises shall be used only as set forth in the "Use Regulation Schedule" except as exempted by § 200-3.4 or by statute. Symbols employed on the "Use Regulation Schedule" shall mean the following:
|
Y
|
A permitted use
| |
|
P
|
A use whose exercise is subject to regulation by means of a
site plan review and approval.
| |
|
N
|
An excluded or prohibited use
| |
|
SP
|
A use permitted under special permit granted by the Planning
Board
|
B.
Use Regulation Schedule.
|
Districts
| |||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
|
Principal Uses
|
A or R-60
|
R-40
|
R-SE
|
NB
|
V
|
CB
|
IG
|
BEP
| |||||
|
(1)
|
Agricultural, Floriculture and Horticultural
Uses
[Amended 5-16-2022 ATM by Art. 18] | ||||||||||||
|
(a)
|
Raising and keeping of livestock, including but not
limited to horses, cattle, sheep, goats, swine, fur animals and poultry,
on a parcel over five (5) acres
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
| ||||
|
(b)
|
Raising and keeping livestock, including but not limited
to horses, cattle, sheep, goats, swine, fur animals and poultry, on
a parcel of five (5) or fewer acres
|
Y
|
Y
|
SP
|
SP
|
N
|
SP
|
N
|
N
| ||||
|
(c)
|
Raising of crops, whether for sale or personal consumption,
on a parcel of any size
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
| ||||
|
(d)
|
Indoor commercial horticulture/floriculture establishments
(e.g., greenhouses): under 50,000 square feet total on a single parcel
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
| ||||
|
(e)
|
Indoor commercial horticulture/floriculture establishments
(e.g., greenhouses): over 50,000 square feet total on a single parcel
|
SP
|
SP
|
SP
|
SP
|
SP
|
SP
|
SP
|
SP
| ||||
|
(2)
|
Residential Uses
[Amended 5-21-2012 ATM by Art. 28; 5-16-2022 ATM by Art. 18] | ||||||||||||
|
(a)
|
Dwellings, one-family
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
N
|
N
| ||||
|
(b)
|
Accessory apartments
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
N
|
N
| ||||
|
(c)
|
Dwellings, two-family
|
N
|
Y
|
Y
|
Y
|
Y
|
Y
|
N
|
N
| ||||
|
(d)
|
Multifamily dwellings (see § 200-5.1)
|
N
|
P
|
P
|
SP
|
SP
|
SP
|
N
|
SP
| ||||
|
(e)
|
Mobile homes, mobile home parks or trailers for human habitation. (See special regulations in § 200-5.2.)
|
N
|
N
|
N
|
N
|
N
|
N
|
N
|
N
| ||||
|
(f)
|
Major residential development
|
P
|
P
|
P
|
SP
|
P
|
SP
|
N
|
SP
| ||||
|
(g)
|
Dwelling units over first floor business uses
|
N
|
N
|
P
|
P
|
P
|
SP
|
N
|
SP
| ||||
|
(h)
|
In one- and two-family dwellings, a mix of residential
and business uses
|
N
|
N
|
P
|
P
|
P
|
P
|
N
|
SP
| ||||
|
(i)
|
Recreational vehicles used for human habitation for
temporary visits not exceeding thirty (30) days in any successive
twelve (12) months
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
| ||||
|
(3)
|
Public and Semi-Private Uses
5-16-2022 ATM by Art. 18 | ||||||||||||
|
(a)
|
Public, private, sectarian or denominational schools
(nonprofit)
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
| ||||
|
(b)
|
Day-care centers
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
SP
| ||||
|
(c)
|
Day-care centers, adult
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
SP
| ||||
|
(d)
|
Family day-care homes
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
| ||||
|
(e)
|
Religious uses
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
| ||||
|
(f)
|
Nursing and/or convalescent homes
|
P
|
P
|
P
|
P
|
P
|
P
|
N
|
N
| ||||
|
(g)
|
Group residence (general or limited)
|
P
|
P
|
P
|
P
|
P
|
P
|
N
|
N
| ||||
|
(h)
|
Hospitals and clinics for in- and out-patient care
(nonprofit)
|
SP
|
SP
|
SP
|
P
|
P
|
P
|
SP
|
SP
| ||||
|
(i)
|
Community and/or neighborhood centers
|
SP
|
SP
|
SP
|
P
|
P
|
P
|
N
|
N
| ||||
|
(j)
|
Other institutional and philanthropic uses
|
SP
|
SP
|
SP
|
P
|
P
|
P
|
N
|
N
| ||||
|
(k)
|
Cemeteries
|
P
|
P
|
P
|
P
|
P
|
P
|
N
|
N
| ||||
|
(l)
|
Other municipal uses voted by Town Meeting
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
| ||||
|
(4)
|
Recreational Uses
[Amended 10-21-2014 STM by Art. 9; 5-16-2022 ATM by Art. 18] | ||||||||||||
|
(a)
|
Standard golf and par-3 golf courses
|
SP
|
SP
|
SP
|
SP
|
SP
|
SP
|
SP
|
SP
| ||||
|
(b)
|
Golf driving ranges and miniature golf courses
|
SP
|
SP
|
SP
|
P
|
N
|
P
|
P
|
N
| ||||
|
(c)
|
Other recreational facilities conducted for gainful
profit, including but not limited to indoor and outdoor theaters,
physical fitness centers, health clubs and indoor and outdoor tennis
and racquetball facilities
|
SP
|
N
|
N
|
SP
|
SP
|
SP
|
SP
|
SP
| ||||
|
(d)
|
Massage parlors
|
N
|
N
|
N
|
N
|
N
|
N
|
N
|
N
| ||||
|
(e)
|
Private membership clubs
|
SP
|
SP
|
SP
|
SP
|
SP
|
SP
|
SP
|
SP
| ||||
|
(f)
|
Picnic and beach areas
|
Y
|
P
|
P
|
Y
|
Y
|
Y
|
N
|
N
| ||||
|
(g)
|
Riding stables and/or boarding, horse riding trails,
and riding academies
|
SP
|
SP
|
SP
|
SP
|
N
|
SP
|
N
|
N
| ||||
|
(h)
|
Racetrack
|
N
|
N
|
N
|
N
|
N
|
SP
|
SP
|
SP
| ||||
|
(i)
|
Camp grounds
|
SP
|
SP
|
SP
|
SP
|
N
|
SP
|
N
|
N
| ||||
|
(j)
|
Public recreational facilities
|
P
|
P
|
P
|
P
|
P
|
P
|
N
|
N
| ||||
|
(5)
|
Business Uses
[Amended 5-21-2012 ATM by Art. 28; 5-16-2016 ATM by Art. 17; 5-16-2016 ATM
by Art. 18; 5-15-2017 ATM by Art.
22; 5-21-2018 ATM by Art. 27; 10-15-2018 STM by Art. 11; 5-16-2022 ATM by Art. 18] | ||||||||||||
|
(a)
|
Retail establishments serving the convenience goods
needs of a local area, including but not limited to: grocery, delicatessen,
baker, supermarket, drugstores and similar uses, having less than
twenty thousand (20,000) square feet of gross building area
|
N
|
N
|
P
|
P
|
P
|
P
|
SP
|
SP
| ||||
|
(b)
|
Retail establishments serving the convenience goods
needs of a local area, including but not limited to: grocery, delicatessen,
baker, supermarket, drugstores and similar uses, having twenty thousand
(20,000) square feet or more of gross building area
|
N
|
N
|
N
|
N
|
N
|
SP
|
SP
|
SP
| ||||
|
(c)
|
Auction galleries
|
SP
|
SP
|
SP
|
SP
|
SP
|
Y
|
SP
|
N
| ||||
|
(d)
|
Flea markets
|
SP
|
SP
|
SP
|
SP
|
N
|
SP
|
SP
|
N
| ||||
|
(e)
|
Hotels
|
N
|
N
|
N
|
P
|
P
|
P
|
SP
|
SP
| ||||
|
(f)
|
Motel or motor courts
|
N
|
N
|
N
|
P
|
N
|
P
|
SP
|
N
| ||||
|
(g)
|
Bed-and-breakfast
|
SP
|
SP
|
SP
|
SP
|
SP
|
P
|
P
|
P
| ||||
|
(h)
|
Personal and consumer services establishments, including
but not limited to: barber shops, shoe and leather repair, beauty
shops, laundry or dry-cleaning establishments and laundromats
|
N
|
N
|
Y
|
Y
|
Y
|
Y
|
P
|
N
| ||||
|
(i)
|
Fast-food restaurants
|
N
|
N
|
N
|
N
|
N
|
P
|
P
|
N
| ||||
|
(j)
|
Restaurants
|
P
|
N
|
P
|
P
|
P
|
P
|
SP
|
N
| ||||
|
(k)
|
Other eating and drinking establishments, most notably
known as bars and grills
|
N
|
N
|
P
|
P
|
SP
|
Y
|
SP
|
N
| ||||
|
(l)
|
Drive-through uses
|
N
|
N
|
N
|
N
|
N
|
SP
|
SP
|
N
| ||||
|
(m)
|
Offices of licensed medical and dental practitioners
limited to general outpatient care and diagnosis
|
N
|
N
|
P
|
SP
|
SP
|
Y
|
P
|
N
| ||||
|
(n)
|
Business, professional and general offices with less
than twelve thousand (12,000) gross square feet of floor area per
structure
|
N
|
N
|
Y
|
SP
|
SP
|
Y
|
P
|
N
| ||||
|
(o)
|
Business, professional and general offices with twelve
thousand (12,000) or more gross square feet of floor area per structure
|
N
|
N
|
P
|
P
|
SP
|
P
|
P
|
P
| ||||
|
(p)
|
Gasoline service stations
|
N
|
N
|
N
|
N
|
N
|
P
|
P
|
N
| ||||
|
(q)
|
Fuel oil dealers and stations
|
N
|
N
|
N
|
N
|
N
|
P
|
P
|
N
| ||||
|
(r)
|
Car-wash establishments
|
N
|
N
|
N
|
N
|
N
|
P
|
P
|
N
| ||||
|
(s)
|
Banks
|
N
|
N
|
P
|
P
|
P
|
P
|
P
|
N
| ||||
|
(t)
|
Automatic teller machine separate from preexisting
commercial structure
|
N
|
N
|
N
|
P
|
P
|
P
|
P
|
P
| ||||
|
(u)
|
Funeral homes
|
P
|
P
|
P
|
P
|
N
|
Y
|
SP
|
N
| ||||
|
(v)
|
Animal or veterinary hospitals
|
P
|
N
|
P
|
P
|
N
|
P
|
Y
|
N
| ||||
|
(w)
|
Animal kennel
| ||||||||||||
|
[1]
|
Outdoor
|
SP
|
SP
|
SP
|
SP
|
N
|
P
|
P
|
N
| ||||
|
[2]
|
Indoor
|
SP
|
SP
|
SP
|
SP
|
N
|
P
|
P
|
N
| ||||
|
(x)
|
Schools (for profit)
|
N
|
N
|
P
|
P
|
P
|
Y
|
SP
|
N
| ||||
|
(y)
|
Hospitals and clinics for in- and outpatient care (for
profit)
|
P
|
P
|
P
|
P
|
N
|
P
|
SP
|
N
| ||||
|
(z)
|
Storage trailers — units designed and used solely
for storage not habitation; such trailers may be used as a nonconstruction
site office
|
N
|
N
|
N
|
N
|
N
|
P
|
N
|
N
| ||||
|
(aa)
|
Adult entertainment establishments as per § 200-5.9 of this bylaw
| ||||||||||||
|
[1]
|
Adult bookstore
|
N
|
N
|
N
|
N
|
N
|
N
|
SP1
|
N
| ||||
|
[2]
|
Adult motion-picture theater
|
N
|
N
|
N
|
N
|
N
|
N
|
SP1
|
N
| ||||
|
[3]
|
Adult paraphernalia
|
N
|
N
|
N
|
N
|
N
|
N
|
SP1
|
N
| ||||
|
[4]
|
Adult video store
|
N
|
N
|
N
|
N
|
N
|
N
|
SP1
|
N
| ||||
|
[5]
|
Adult live entertainment establishment
|
N
|
N
|
N
|
N
|
N
|
N
|
SP1
|
N
| ||||
|
(bb)
|
Commercial storage facilities
|
N
|
N
|
N
|
N
|
N
|
P
|
P
|
N
| ||||
|
(cc)
|
Marijuana establishments
| ||||||||||||
|
[1]
|
Retail sale of marijuana and marijuana products and
accessories
|
N
|
N
|
N
|
N
|
N
|
N
|
SP
|
N
| ||||
|
[2]
|
Independent testing laboratory
|
N
|
N
|
N
|
N
|
N
|
N
|
SP
|
N
| ||||
|
[3]
|
Marijuana product manufacturer
|
N
|
N
|
N
|
N
|
N
|
N
|
SP
|
N
| ||||
|
[4]
|
Marijuana cultivator - indoor
|
N
|
N
|
N
|
N
|
N
|
N
|
SP
|
N
| ||||
|
[5]
|
Marijuana cultivator - outdoor
|
N
|
N
|
N
|
N
|
N
|
N
|
N
|
N
| ||||
|
[6]
|
Marijuana social consumption establishment
|
N
|
N
|
N
|
N
|
N
|
N
|
N
|
N
| ||||
|
[7]
|
Medical marijuana treatment center
| ||||||||||||
|
[a]
|
Excluding retail dispensing
|
N
|
N
|
N
|
N
|
N
|
N
|
SP
|
N
| ||||
|
[b]
|
Including retail dispensing
|
N
|
N
|
N
|
N
|
N
|
N
|
SP
|
N
| ||||
|
[8]
|
Third-party marijuana transporter
|
N
|
N
|
N
|
N
|
N
|
N
|
SP
|
N
| ||||
|
(6)
|
Communications, Transportation and Public Utility
Uses
[Amended 10-18-2016 STM by Art. 14; 10-18-2016 STM
by Art. 15; 10-16-2017 STM by
Art. 12; 5-20-2019 ATM by Arts. 19, 20, 23; 5-16-2022 ATM by Art. 18] | ||||||||||||
|
(a)
|
Communications tower for federally licensed amateur
radio operator, limited to seventy-five (75) feet in height, and requiring
a minimum distance between the base of the tower and the property
boundary line and/or any residential structure to be equal to the
height of the tower, including any aerials or antennas that may be
mounted on the tower
|
SP3
|
SP3
|
SP3
|
SP3
|
SP3
|
SP3
|
SP3
|
SP
| ||||
|
(b)
|
Wireless communications facilities as per § 200-5.10 of this bylaw
|
SP2
|
SP2
|
SP2
|
SP2
|
N
|
SP2
|
SP2
|
SP
| ||||
|
(c)
|
Bus or railroad passenger terminals
|
N
|
N
|
N
|
N
|
N
|
N
|
P
|
SP
| ||||
|
(d)
|
Rail terminals, including rail freight yards or freight
terminals
|
N
|
N
|
N
|
N
|
N
|
N
|
P
|
SP
| ||||
|
(e)
|
Truck terminals, truck freight yards or freight terminals
|
N
|
N
|
N
|
N
|
N
|
N
|
P
|
SP
| ||||
|
(f)
|
Aircraft takeoff and landing areas
| ||||||||||||
|
[1]
|
Fixed-wing flying craft
|
N
|
N
|
N
|
N
|
N
|
N
|
SP
|
N
| ||||
|
[2]
|
Helicopter aircraft or gyroplane
|
SP
|
N
|
N
|
N
|
N
|
N
|
SP
|
SP
| ||||
|
[3]
|
Unmanned aerial vehicles (UAVs, drones, etc.)
|
SP
|
N
|
N
|
N
|
N
|
N
|
SP
|
SP
| ||||
|
(g)
|
New automobile sales and/or new truck sales and/or
rental establishments
|
N
|
N
|
SP
|
N
|
N
|
P
|
P
|
N
| ||||
|
(h)
|
Used automobile sales and/or used truck sales
|
N
|
N
|
SP
|
N
|
N
|
P
|
P
|
N
| ||||
|
(i)
|
Automobile and/or truck repair garages
|
N
|
N
|
SP
|
P
|
N
|
P
|
P
|
N
| ||||
|
(j)
|
Independent storage areas or parking areas, automobile
parking garages for five (5) or more automobiles
|
N
|
N
|
P
|
P
|
N
|
P
|
P
|
SP
| ||||
|
(k)
|
Electric generating facilities with less than or equal
to fifty (50) megawatts of power output
|
N
|
N
|
N
|
N
|
N
|
N
|
P
|
P
| ||||
|
(l)
|
Electric generating facilities with more than fifty
(50) megawatts of power output
|
N
|
N
|
N
|
N
|
N
|
N
|
N
|
N
| ||||
|
(m)
|
Gas/Gasoline transmission facilities
|
N
|
N
|
N
|
N
|
N
|
SP
|
SP
|
SP
| ||||
|
(n)
|
Electric distribution stations or substations
|
SP
|
SP
|
SP
|
SP
|
N
|
SP
|
SP
|
SP
| ||||
|
(o)
|
Wind energy conversion systems
|
SP
|
SP
|
SP
|
SP
|
N
|
SP
|
SP
|
SP
| ||||
|
(p)
|
Taxi or limousine service and other vehicles for hire
with drivers and having no more than three (3) vehicles and containing
no more than nine (9) passengers in any one (1) vehicle
|
N
|
N
|
P
|
P
|
P
|
P
|
Y
|
N
| ||||
|
(q)
|
Taxi or limousine service and other vehicles for hire
with drivers and having four (4) or more vehicles and containing no
more than nine (9) passengers in one (1) vehicle
|
N
|
N
|
P
|
P
|
P
|
P
|
P
|
N
| ||||
|
(r)
|
Water storage tanks, for public water systems as defined by 310 CMR 22.02, provided that any portion of the structure shall not be less than one hundred (100) feet from any residential structure, and that the distance from the base at ground level of any tank to any property or street line be equal to the height of the tank. Neither the minimum lot size specified in § 200-3.2D nor any other minimum lot size shall apply to such use.
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
| ||||
|
(s)
|
Water pump stations and appurtenances
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
| ||||
|
(t)
|
Natural gas and propane storage of over five thousand (5,000) gallons and distribution stations, substations, and piping, provided that any portion of the structure (not including dwelling service pipe) shall not be less than three hundred (300) feet from any residential structure and that the minimum lot size and setbacks shall not be less than required in § 200-3.2D.
|
SP
|
SP
|
SP
|
SP
|
N
|
SP
|
SP
|
SP
| ||||
|
(u)
|
Large solar energy system
|
SP
|
N
|
N
|
N
|
N
|
SP
|
SP
|
SP
| ||||
|
(v)
|
Sewer pump stations and appurtenances
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
| ||||
|
(w)
|
Commercial energy storage with more than two hundred fifty (250)
kilowatts but less than or equal to five (5) megawatts of power output
|
N
|
N
|
N
|
N
|
N
|
SP
|
SP
|
SP
| ||||
|
(7)
|
Industrial and Warehouse Uses
[Amended 5-21-2012 ATM by Art. 28; 5-16-2022 ATM by Art. 18] | ||||||||||||
|
(a)
|
Light industrial establishments. Storage of goods or materials shall not be permitted on any lot except in an appropriate enclosure and in compliance with § 200-4.1E hereof.
|
N
|
N
|
P
|
N
|
N
|
P
|
P
|
P
| ||||
|
(b)
|
The following research and development or office uses:
biotechnology, fiber-optics facilities, medical research and development
|
N
|
N
|
N
|
N
|
N
|
N
|
N
|
SP
| ||||
|
(c)
|
Heavy industrial establishments. Storage of goods or materials shall not be permitted in any lot except in an appropriate enclosure and in compliance with § 200-4.1E hereof
|
N
|
N
|
N
|
N
|
N
|
N
|
P
|
N
| ||||
|
(d)
|
Sawmills, lumber and building materials establishments
|
N
|
N
|
N
|
N
|
N
|
P
|
P
|
N
| ||||
|
(e)
|
Scrap metal and other materials storage yards, including
scrap automobiles and trucks
|
N
|
N
|
N
|
N
|
N
|
N
|
SP
|
N
| ||||
|
(f)
|
Land and water recreation vehicle (including boats)
sales and service and storage yards
|
N
|
N
|
P
|
P
|
N
|
P
|
P
|
N
| ||||
|
(g)
|
Storage areas or buildings such as those for road salt
and sand
|
P
|
P
|
P
|
P
|
N
|
P
|
P
|
N
| ||||
|
(h)
|
Stone, sand and/or gravel processing operations
|
N
|
N
|
N
|
N
|
N
|
P
|
P
|
N
| ||||
|
(i)
|
Hazardous waste disposal sites
|
N
|
N
|
N
|
N
|
N
|
N
|
N
|
N
| ||||
|
(j)
|
Resource recovery plants
|
N
|
N
|
N
|
N
|
N
|
N
|
N
|
N
| ||||
|
(8)
|
Accessory Uses
[Amended 5-21-2012 ATM by Art. 28; 5-16-2022 ATM by Art. 18] | ||||||||||||
|
(a)
|
Customary home occupations conducted as a gainful business, provided that all parking for such businesses shall be provided on the premises where the home occupations are conducted; and further provided that all products thereof are produced or sold on the premises. (See definition of "home occupation" in § 200-2.1.)
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
N
| ||||
|
(b)
|
Accessory professional office in a dwelling conducted
by the resident occupant, provided that all parking for such professional
services shall be provided on the premises where the professional
offices are located
|
Y
|
P
|
P
|
Y
|
Y
|
Y
|
Y
|
N
| ||||
|
(c)
|
Accessory buildings such as a private garage, playhouse,
greenhouse, tool shed and private swimming pool
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
N
| ||||
|
(d)
|
Trailers for office and storage use only during construction.
The trailer for office/storage use shall not be used for habitation.
These temporary on-site construction office/storage trailers may be
located on the building site upon issuance of a building permit and
must be removed within fourteen (14) days after an occupancy permit
has been issued.
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
| ||||
|
(e)
|
Food services as accessory use to serve employees of
and visitors to principal use
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
| ||||
|
(f)
|
Fitness centers as accessory use to serve employees
of principal use
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
| ||||
|
(g)
|
Personal and consumer services as accessory use to
serve employees of principal use
|
N
|
N
|
N
|
N
|
N
|
N
|
N
|
P
| ||||
|
(h)
|
Day-care center or any child-care facility including
day care and family care as accessory use to serve employees of principal
use
|
SP
|
SP
|
SP
|
SP
|
SP
|
SP
|
SP
|
SP
| ||||
|
(i)
|
Emergency power back up facility for on-site use
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
| ||||
|
NOTES:
| ||
|---|---|---|
|
1
|
Adult entertainment establishments are only allowed in locations identified in § 200-5.9 of this bylaw.
| |
|
2
|
Wireless communication facilities are only allowed in locations identified in § 200-5.10 of this bylaw.
| |
|
3
|
A federally licensed amateur radio operator may be allowed to construct a communications tower in this district, subject to a special permit issued by the Planning Board, upon application made by following the procedure in § 200-7.1H(2) of the Charlton Zoning Bylaw. Criteria for granting said special permit shall be based solely on that which is allowed under MGL c. 40A, § 3.
[Amended 5-21-2012 ATM by Art. 28] | |
C.
Special rules.
(1)
Vehicle access to major residential developments shall be adequate
to service the traffic that such developments will generate. Applicants
for site plan approval and for special permits for such developments
shall submit a traffic and engineering study showing the vehicle access
conditions on Town of Charlton and private streets over which vehicles
must travel, on the shortest route, to get to the development from
a state highway. The study shall identify all conditions of road surface,
curvature, grade, drainage, driver sight distance and roadway and
pavement width on all such streets. The study shall also contain an
evaluation by a professional engineer, registered in the State of
Massachusetts, of the adequacy of the streets and access to handle
the estimated vehicular traffic that will be generated with the development
fully occupied.
(a)
The Planning Board, in considering an application for site plan
approval, and the Zoning Board of Appeals, in considering such an
application for a special permit, may determine that such vehicle
access to a major residential development is not adequate, and may
use that determination as a reason to refuse to grant said site plan
approval or special permit. In making its determinations, the Planning
Board and Zoning Board of Appeals may seek the advice of other Town
officials, such as the Superintendent of Highways,[1] Fire Chief, and Police Chief, and may also seek advice
from experts in traffic and roadway engineering.
[1]
Editor’s Note: The title “Superintendent of Highways”
was changed to “Superintendent of Public Works” 5-20-2019
ATM by Art. 12.
(b)
The Planning Board and Zoning Board of Appeals may make their
approvals of site plans and special permits, respectively, contingent
on the execution of the terms of written agreements, voluntarily entered
into between the permit-issuing authority and applicants, that bind
the applicants to remedy the substandard vehicle access conditions
at their own expense. In addition to these provisions, all requirements
of Charlton's Subdivision Regulations must be met in obtaining site
plan approval and/or a special permit.[2]
[Amended 5-21-2012 ATM by Art. 28]
(2)
Business Enterprise Park and Industrial - General buffers. In
Business Enterprise Park and Industrial - General Zoning Districts,
a landscaped strip twenty (20) feet in width shall be created and
maintained along the lot frontage on a road. In addition, a landscaped
strip one hundred (100) feet in width shall be created and maintained
along any lot boundary that abuts an R-40 or an Agricultural District,
or an Historic District. The landscaping shall be of plant materials
that provide a year-round screening of the view of any industrial
or commercial buildings or their appurtenances from the abutting residential
zoning district or historic district. Passive uses, such as recreation,
septic systems and wells shall be allowed within the buffer area,
provided that the year-round screening is maintained; however, detention
ponds are not allowed.
(3)
Outside bulk storage, contractor's yards, disposal areas or
areas of open storage related to manufacturing, processing, warehousing,
wholesale trade or a public utility facility shall be screened from
an adjacent residential use, a residential district, and street by
a solid stockade fence at least six (6) feet in height or densely
planted trees or shrubs at least six (6) feet or more in height, or
be equivalently obscured by natural vegetation on a year-round basis.
No more than fifty percent (50%) of a lot may be used for outdoor
storage.
[Amended 5-21-2012 ATM by Art. 28]
(4)
A home occupation shall not include the services of more than
two (2) employees not resident on the premises.
(5)
Uses customarily accessory to a residence shall include the
occasional sale of used household goods, a motor vehicle, or a boat
or trailer of a resident.
D.
Intensity of Use Schedule.
[Amended 10-18-2016 STM
by Art. 15; 10-16-2017 STM by
Art. 12; 10-13-2020 STM by Art.
8; 5-17-2021 ATM
by Art. 16; 5-17-2021 ATM by Art. 17]
|
Zoning District
|
Minimum Lot Area
(square feet)
|
Minimum Lot Width and Contiguous Street Frontage
(feet)
|
Minimum Front Yard
(feet)
|
Minimum Side Yard
(feet)
|
Minimum Rear Yard
(feet)
|
Maximum Building Coverage
(% of lot)
|
Maximum Building Height
(feet)
|
|---|---|---|---|---|---|---|---|
|
Agricultural A
|
60,000
|
175
|
30
|
15
|
30
|
25
|
36
|
|
Low Density Residential R-40
|
40,0001
|
150
|
30
|
15
|
15
|
30
|
36
|
|
Residential - Small Enterprise R-SE
|
40,0001,3
|
150
|
30
|
15
|
15
|
304
|
36
|
|
Neighborhood Business NB
|
20,0001
|
100
|
40
|
15
|
15
|
30
|
36
|
|
Village V(7)
|
10,000(8)
|
75
|
10(9)
|
10
|
10
|
60(10)
|
36
|
|
Community Business CB
|
40,0001
|
150
|
40
|
15
|
15
|
30
|
36
|
|
Industrial - General IG
|
40,000
|
155
|
40
|
352
|
352
|
40
|
3611
|
|
Business Enterprise Park BEP
|
80,000
|
260
|
505
|
505
|
505
|
33
|
3612
|
|
NOTES:
| |
|---|---|
|
1
|
An additional twenty thousand (20,000) square feet
of contiguous land area is required for each dwelling unit beyond
the first dwelling unit and fifty (50) feet of additional lot frontage
plus twenty (20) feet for each dwelling unit beyond two (2). This
requirement shall apply to two-family and multifamily dwellings, but
shall not apply to accessory apartments.
|
|
2
|
Side and rear yards shall each be at least seventy
(70) feet when abutting any residential or agricultural district.
|
|
3
|
In an R-SE Zone, a twenty thousand (20,000) square
foot lot requires a sewer connection. Without a sewer connection,
the minimum lot size is forty thousand (40,0000 square feet.
|
|
4
|
No building in an R-SE Zone may exceed twenty thousand
(20,000) square feet in gross floor area.
|
|
5
|
In Business Enterprise Park Districts, buildings shall
be set back a minimum of fifty (50) feet from the front lot line.
Parking lots shall be set back a minimum of twenty (20) feet from
the front lot line, or a minimum of thirty (30) feet from the front
lot line if the front lot line abuts a state-numbered route, and they
shall not be located within the required side or rear yards, nor within
the required buffer area.
|
|
6
|
To accomplish the purposes of the Village District,
the Planning Board may authorize by special permit a reduction of
front, side and rear setback standards for new or preexisting structures.
The Board must find that the required setbacks would result in, or
have resulted in, construction of structures that are not in keeping
with the area's scale and character. The Board must further find that
the relaxation of said standards will not interfere or negatively
impact abutting properties, particularly property used or zoned for
residential purposes.
|
|
7
|
In Village Districts, the minimum lot size is ten thousand
(10,000) square feet for lots served by the municipal sewer system
and twenty thousand (20,000) square feet for lots without a sewer
connection.
|
|
8
|
In order to maintain a strong sense of streetscape,
in the Village District there is also established a maximum front
setback of twenty-five (250 feet.
|
|
9
|
The maximum impervious coverage of the lot (buildings,
parking, access drives, etc.) shall not exceed eighty percent (80%).
|
|
10
|
Minimum performance standards as detailed in the Intensity
of Use Schedule are hereby not applicable to water and sewer pump
stations and appurtenances.
|
|
10
|
Minimum performance standards as detailed in the Intensity
of Use Schedule are hereby not applicable to water and sewer pump
stations and appurtenances.
|
|
11
|
Maximum building height may exceed 36 feet up to no
more than 50 feet in the Industrial General Zone District subject
to a special permit from the Planning Board so approving; provided
that the nearest portion of any building or structure so exceeding
36 feet in height must be set back twice the ordinarily required minimum
required setback for that zoning district from both: (a) the nearest
residential structure, including any accessory use structure; and
(b) the nearest boundary line of any abutting residential or agricultural
zoning district.
Further, lots having not less than 75 acres of land
in the Industrial General, the maximum building height may exceed
36 feet up to no more than 75 feet, subject to a special permit from
the Planning Board so approving, provided that the nearest portion
of any building or structure so exceeding 36 feet in height must be
set back three times the ordinary required minimum required setback
from both: (a) the nearest residential structure, including any accessory
structure; and (b) the nearest boundary line of any abutting residential
or agricultural zoning district.
|
|
12
|
Maximum building height may exceed 36 feet up to no
more than 50 feet in the Business Enterprise Zone Districts subject
to a special permit from the Planning Board so approving, provided
that the nearest portion of any building or structure so exceeding
36 feet in height must be set back twice the ordinary required minimum
required setback for that zoning district from both: (a) the nearest
residential structure, including any accessory use structure; and
(b) the nearest boundary line of any abutting residential or agricultural
zoning district.
Further, lots having not less than 75 acres of land
in the Business Enterprise Zone District, the maximum building height
may exceed 36 feet up to no more than 110 feet, subject to a special
permit from the Planning Board so approving, provided that the nearest
portion of any building or structure so exceeding 36 feet in height
must be set back three times the ordinary required minimum required
setback from both: (a) the nearest residential structure, including
any accessory structure; and (b) the nearest boundary line of any
abutting residential or agricultural zoning district.
|
A.
General. Buildings or structures shall be erected or used and premises shall be used only as set forth in the "Intensity of Use Schedule" (§ 200-3.2D), except as exempted by statute.
B.
Supplementary requirements.
(1)
No building or structure shall exceed thirty-six (36) feet in height; except that spires, water tanks, communications towers, chimneys, flag poles, and other structures normally built above the roof and not devoted to human occupancy may be erected to such heights as are necessary to accomplish the purposes they are normally intended to serve. Towers for wireless communication facilities (WCF) may not exceed one hundred fifty (150) feet in height except as allowed in § 200-5.10, and a communications tower for a federal licensed amateur radio operator may not exceed seventy-five (75) feet in height.
[Amended 5-21-2012 ATM by Art. 28]
(2)
No fence, wall, hedge, shrubbery or other obstruction shall
be permitted to block vision between two and one-half (2 1/2)
feet and eight (8) feet above the street grade on a corner lot within
a triangular area formed by the intersecting street lines and a straight
line which joins points on such street lines twenty (20) feet from
their intersection.
(3)
No structure other than a dock or boathouse shall be located
within thirty (30) feet of the normal bank of any river or stream
having a year-round running flow of water, or of any lake or pond
containing one thousand (1,000) square feet or more of water eleven
(11) months of the year, or of mean high water.
(4)
No accessory building shall be located within any required front
or side yard. No accessory building shall be located within any required
rear yard, except for a building accessory to a one- or two-family
dwelling, and shall not be located closer than ten (10) feet to a
lot line.
(5)
Two-thirds (2/3) of the total land area of every building lot
must be free from wetlands as defined in the Massachusetts Wetland
Protection Act as most recently revised and other conditions which
make building impossible or hazardous. However, where a building lot
contains a contiguous upland area equal to two-thirds (2/3) of the
minimum lot size required in that district, the lot shall be exempt
from the provisions of this section. No such lot shall be further
subdivided so that the contiguous upland area is reduced to less than
two-thirds (2/3) of the minimum lot size required by this section.
(6)
In districts where accessory apartments are permitted, no dwelling
unit shall contain more than one (1) accessory apartment.
(7)
Retaining walls on lots are required to have at least a five-foot
setback from front, rear and side lot lines.
C.
Special cases.
(1)
Where two (2) or more principal structures are erected on the
same lot, adequacy of access utility service, and drainage serving
each structure shall be functionally equivalent to that required for
separate lots in the Planning Board's adopted Subdivision Regulations;[1] the minimum lot area, width, and frontage shall be the
sum of the requirements for each structure; and the minimum distance
between such structure shall be the height of the higher building.
(2)
Where no street line has been established or can be readily
determined, such line shall be assumed to be thirty (30) feet from
the center of the traveled roadway for the purpose of applying these
regulations.
(3)
Projections of not more than three (3) feet are permitted in
required yards for architectural features of a building, such as stairs,
chimneys, cornices, eaves or canopies, but not for bay windows or
other enclosed habitable projections.
(4)
Any structure located on a corner lot shall be set back from
all streets a distance equal to the front yard setback requirement
in the district.
A.
Lots. A lot that does not conform to the intensity requirements of
this bylaw shall be governed by the following provisions:
(1)
Such lot shall not be built upon unless it meets the criteria contained in MGL c. 40A, § 6, or Subsection A(2) herein.
(2)
Any lot lawfully laid out by plan or deed duly recorded, as
defined in MGL c. 41, § 81L, or any lot shown on a plan
endorsed with the words "Approval Under the Subdivision Control Law
Not Required" or words of similar meaning and import, pursuant to
MGL c. 41, § 81P, which complies at the time of such recording
or such endorsement, whichever is earlier, with the minimum area,
frontage, width and depth requirements, if any, of the Charlton Zoning
Bylaws in effect in the Town of Charlton where the land is situated,
notwithstanding the amendment of provisions of the Zoning Bylaw imposing
minimum area, frontage, width, depth or yard requirements, or more
than one (1) such requirement, in excess of those in effect at the
time of such recording or endorsement; (1) may thereafter be built
upon for single- and two-family residential use if, at the time of
adoption of such requirements or increased requirements, or while
building on such lot was otherwise permitted, whichever occurs later,
such lot was held in ownership separate from that of adjoining land
located in the same district, or (2) may be built upon for residential
use for a period of five (5) years from the date of such recording
or such endorsement, whichever is earlier, if, at the time of the
adoption of such requirements or increased requirements, such lot
was held in common ownership with that adjacent land located in the
same district; and further provided in either instance, at the time
of building (A) such lot has an area of seven thousand five hundred
(7,500) square feet or more and a frontage of fifty (50) feet or more
in a district zoned for residential use, and conforms except as to
area, frontage, width, and depth with the applicable provisions of
the Charlton Zoning Bylaw in effect in the Town, and (B) any proposed
structure is to be located on such lot so as to conform with the minimum
requirements of front, side, and rear yard setback, if any, in effect
at the time of such recording or such endorsement, whichever is earlier,
and to all other requirements for such structure in effect at the
time of building.
[Amended 5-16-2016 ATM
by Art. 21]
(3)
The land shown on a definitive subdivision plan or a preliminary
subdivision plan which is followed within seven (7) months by a definitive
plan shall be governed by the zoning in effect when the plan is first
submitted in accordance with MGL c. 40A, § 6. The use of
land shown on an Approval Not Required plan shall be governed by the
zoning in effect when the plan is first submitted in accordance with
MGL c. 40A, § 6.
(4)
No such lot may be changed in size or shape so that a nonconformity
with the provisions of this bylaw is increased in degree or extent,
or a violation created, except by a public taking of a portion of
the lot.
[Amended 5-21-2012 ATM by Art. 28]
B.
Structures. A lawfully existing structure which does not conform
to the requirements of the bylaw may continue. Any reconstruction,
extension, structural change or alteration of such structure shall
be governed by the following:
(1)
Any reconstruction, extension or structural changes to a lawfully
nonconforming structure shall conform with the provisions of this
bylaw and to any proposed amendment for which first notice of the
public hearing has been published.
(2)
If a nonconforming structure devoted to a conforming use is
destroyed by fire or other catastrophe, it may be repaired or rebuilt,
provided that the restoration is commenced within twenty-four (24)
months, and completed within thirty-six (36) months of the catastrophe,
and no nonconformity with the provisions of this bylaw is increased
in degree of extent or a violation created. Otherwise, it may be repaired
or rebuilt only in conformity with the provisions of this bylaw.
[Amended 5-16-2016 ATM
by Art. 20]
(3)
Any alteration of a lawfully existing nonconforming structure
shall conform with the provisions of this bylaw or to any proposed
amendment to it if the alteration is begun after the first notice
of the required public hearing has been published, when the alteration
will provide for the use of the structure as follows:
(4)
Any alteration, reconstruction, extension or structural change
to a single-family or two-family residential structure shall not be
permitted if there will be an increase in the nonconforming nature
of the structure.
C.
Uses. Any lawful existing use of a structure or land which does not
conform to the provisions of this bylaw may continue. Any change or
substantial extension of such use shall be governed by the following:
(1)
Any change or substantial extension of a lawfully existing nonconforming use of a structure or land shall conform with the provisions of this bylaw and to any proposed amendment to it for which first notice of the required public hearing has been published. Such change or extension in an R-40 or an A District shall not exceed fifty percent (50%) of the land area occupied by the principal structure at the time such uses become nonconforming; nor shall such change or extension cause the use to be more nonconforming in terms of the Intensity of Use Schedule (§ 200-3.2D).
[Amended 5-15-2017 ATM
by Art. 21]
(2)
Any extension to the use of a nonconforming structure shall be governed by Subsection B(3) of this section.
(3)
Any nonconforming structure or use which has been abandoned
for a period of two (2) years shall not be reestablished except in
conformance with this bylaw.
(4)
If a structure or group of structures devoted to a nonconforming
use is damaged or destroyed for fire or other catastrophe, it may
be repaired or rebuilt and the use restored, provided that the restoration
is commenced within twelve (12) months and completed within twenty-four
(24) months of the catastrophe. Otherwise, it may be repaired or rebuilt
only in conformance with the provisions of this bylaw.
(5)
Preexisting nonconforming structures or uses may be extended,
altered, or changed by special permit, provided that the Zoning Board
of Appeals finds that the extension, alteration, or change will not
be substantially more detrimental than the existing nonconforming
use of the structure. Notwithstanding any other provisions of these
bylaws, the alteration, reconstruction, extension or structural change
(collectively "alteration") of a preexisting, nonconforming single-family
or two-family residential structure will be deemed not to increase
the nonconforming nature of such a structure, and shall be permitted
as of right, if the structure is nonconforming solely because of insufficient
frontage or lot area, or both, and the proposed change shall meet
all dimensional requirements for front setback, side and rear setbacks,
building coverage, lot coverage, maximum floors and maximum height.
