City of Taunton, MA Permitted Uses

The purpose of the Roadway Improvement Overlay District (the "District") is to preserve the value of the lots within the District as the lots previously existed prior to the acquisition by the City (by purchase, gift, eminent domain, or otherwise) of portions of the lots in the district for the purposes of widening public streets and public ways.

As used herein the term "acquired land" shall mean that portion of a lot which was acquired by the City of Taunton for the purposes of widening and otherwise improving public streets and public ways. The phrase "as the lot previously existed" shall mean the configuration of a lot prior to the City of Taunton's acquisition of the acquired land. The phrase "eligible lot" shall mean any lot that has been reduced in size and/or configuration due to an acquisition of a portion of the lot by the City of Taunton after January 1, 1998, for the purposes of widening public streets and public ways.

The boundaries of the district shall coincide with the municipal limits of the City of Taunton.

(4)

For the purposes of this chapter, any eligible lot within the City shall have this chapter administered as follows:

(a)

For the purpose of all of the requirements of § 440-603, Intensity of use, the conformance of each eligible lot shall be calculated by including in the lot the acquired land.

(b)

For the purposes of § 440-502, Use regulations, no use shall be considered nonconforming if it was a legal use as of the date of the adoption of this chapter and which would continue to be a legal use if the acquired land were still a part of the eligible lot.

Airport District. The purpose of this district is to establish and preserve areas for uses intended and designed primarily to serve the needs of the municipal airport

[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 440-502 Use regulations.

Table of Use Regulations. The Table of Use Regulations is included as an attachment to this chapter.

Agricultural uses (see definitions, § 440-201). Permitted use in all districts on parcels of five acres or more.

Religious or educational uses. On land owned or leased by the commonwealth or any of its agencies and subdivisions or bodies politic or by a religious sect or denomination, or by a nonprofit educational corporation, shall be permitted in all zoning districts subject to reasonable dimensional regulations (i.e., bulk and height of structures, yard sizes, lot area, setbacks, open space, parking, seating capacity, and building coverage requirements), as provided in MGL c. 40A, § 3.

Activities of municipal, county, state and federal government. Permitted in all districts. Uses in underlying zoning districts allowed, unless otherwise indicated or subject to certain conditions. (See Appendix A[1] and Article XVI, Water and Aquifer Resource Protection District, and Article XVII, Transit-Oriented Development District.)

[1]

Editor's Note: Appendix A is included at the end of Art. XVI, Water and Aquifer Resource Protection District.

(4)

Mixed uses. For the purposes of this chapter, mixed use shall be defined as two or more uses, as listed and categorized in the Table of Use Regulations, located on one lot at the same time. Two or more uses, as listed in the Table of Use Regulations, may be located on the same lot at the same time provided that the necessary variance, special permit, and/or site plan review approval for each use is properly obtained and the requirements for each use regarding all other applicable zoning requirements, including but not limited to parking, landscaping, signs, etc., are met.[2]

[2]

Editor's Note: Former Subsection A(5), Temporary moratoria on the sale and distribution of recreational marijuana, added 6-13-2017, was removed from the Code pursuant to its expiration on 12-31-2018.

Accessory business use in a residential structure. The provisions of this subsection are intended to allow the establishment of accessory business uses in residential structures in all districts. The fee for an accessory business use in a residence application shall be $25. The types of accessory businesses allowed shall be limited to professional offices and storage of materials only for other types of businesses. This means that the primary use of the structure must be residential in nature and that the accessory business use shall comply with the following restrictions and requirements at all times:

No signs are erected or displayed at the location at any time.

No vehicles in excess of 7,500 pounds shall be parked at the location.

No more than one vehicle shall be used in conjunction with the business use.

(4)

The general public (customers and clients) shall not be invited to, come to or frequent the location to benefit from or use the business use.

(5)

The business use shall not be advertised using the location's street address. All advertisements shall have either a post office box or no address listed.

(6)

No additions or new buildings shall be constructed to conduct the activity.

(7)

The business use shall not exceed more than 20% of the residential structure or unit or require the use of more than 75% of the gross floor area of an existing accessory building (i.e., garage, shed, etc.).

(8)

The business shall not employ any individual who does not reside at the location of the proposed activity.

(9)

All storage of materials and all business activities shall occur within the confines of existing structures and no outdoor activities shall occur at any time on site.

(10)

The accessory business use is registered with and approved by the City Planner's office.

§ 440-503 Nonconforming buildings and uses.

Exemptions. This chapter or any amendments thereto shall not apply to any lawfully existing use or structures or to a building or special permit issued before the first publication of notice of the public hearing on this chapter or any amendment thereto.

Changes in use. This chapter or any amendment thereto shall apply to any change or substantial extension of a lawfully existing nonconforming use; to a building or special permit issued after the first notice of public hearing on this chapter or any amendment thereto; to any reconstruction, extension or structural change of a lawfully existing nonconforming structure; and to any alteration of a lawfully existing nonconforming structure which is begun after the first notice of the public hearing on this chapter or any amendment thereto to provide for its use for a substantially different purpose or for the same purpose in a substantially different manner or to a substantially greater extent.

[Amended 6-6-2016]

Alterations without increase in nonconformity. This chapter or any amendment thereto shall not apply to any alteration, reconstruction, extension or structural change to a lawfully existing nonconforming single- or two-family residential structure if such alteration, reconstruction, extension or structural change does not increase the nonconforming nature of said structure.

Extension or alteration by special permit.

A preexisting nonconforming structure or a preexisting nonconforming use may be extended or altered, provided that no such extension or alteration shall exceed 10% of the total square footage. In instances where the extension exceeds 10%, the Board of Appeals may issue a special permit after public hearing and a finding that such change, extension or alteration shall not be substantially more detrimental than the existing nonconforming structure or use to the neighborhood. The following alterations, reconstruction, extensions, or structural changes will not constitute a special permit from the Zoning Board of Appeals and are allowed as a matter of right:

(a)

A lot upon which a single- or two-family residence is located, that was built upon in conformance with the zoning regulations in effect for that lot at the date of the issuance of the building permit for the construction of the single- or two-family residence on that lot, shall be governed by the setback requirements in effect at the date of the issuance of the building permit for that lot; provided, however, that no alteration or extension of a nonconforming structure shall encroach closer to the property lines than the setbacks of 25 feet from the front property line, 15 feet from the side property line, and 20 feet from the rear property line.

(b)

Increase in height of building, for single- and two-family use only, if use remains the same at the time of the change, and the change is within the existing footprint and the increased height complies with the height regulations pursuant to § 440-603 of this chapter.

(c)

Accessory uses such as garages for residential use and sheds/storage areas that meet setbacks and do not increase the nonconforming nature of the existing structure or use.

(d)

Change of use allowed in zoning district if use is allowed by right in existing nonconforming structure and no alterations, reconstruction, extension, or structural change is needed and no nonconformities are created or result in any increase in any existing nonconformities.

(e)

Restoration of a nonconforming use within 24 months of discontinuance or nonuse in the same unaltered structure.

Upon request, a determination by the Building Commissioner/Zoning Enforcement Officer and/or the City Planner will be needed in order to determine if any change in use, alteration, extension, or reconstruction of a structure will need a special permit from the Zoning Board of Appeals. The burden of proof is the responsibility of the petitioner when not in agreement with the Building Commissioner/Zoning Enforcement Officer and/or the City Planner.

Reconstruction.

[Amended 3-18-2014]

Any nonconforming building or structure destroyed or damaged by fire, flood, lightning, wind or otherwise to the extent of 65% or more of such building at the time of such damage as determined by the Building Commissioner which is utilized as a nonresidential or multifamily (four or more units) use shall not be rebuilt, repaired, reconstructed or altered unless for a purpose permitted in the zoning district in which such building is located.

Any single-family, two-family, or three-family use in a building or structure destroyed or damaged by fire, flood, lightning, wind or otherwise to the extent of 65% or more of such building at the time of such damage as determined by the Building Commissioner may be rebuilt, repaired, reconstructed or altered for a period of 12 months from the date of damage. After 12 months, the building or structure shall not be rebuilt, repaired, reconstructed or altered unless for a purpose permitted in the zoning district in which such building is located.