No land shall be used and no structure shall be erected or used
except as set forth in the following Table of Use Regulations, including
the notes to the table, or as otherwise set forth herein, or as exempted
by General Laws. Any building or use of premises not herein expressly
permitted is hereby prohibited. Not more than one principal use shall
be allowed on any lot, except as otherwise may be provided herein.
3.1.1.
Symbols. Symbols employed in the Table of Use Regulations shall
mean the following:
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Y
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A permitted use.
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N
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An excluded or prohibited use.
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PB
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A use authorized under special permit from the Planning Board
as provided under Section 9.4.
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BA
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A use authorized under special permit from the Zoning Board
of Appeals as provided under Section 9.4.
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CC
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A use authorized under special permit from the City Council
as provided under Section 9.4.
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3.1.2.
Applicability. When an activity might be classified under more
than one of the following uses, the more specific classification shall
govern; if equally specific, the more restrictive shall govern.
3.1.3.
Major nonresidential use. Notwithstanding the entries in the
Table of Use Regulations for a specific nonresidential use in Subsections
C to J, inclusive, a major nonresidential use shall require a special
permit from the Planning Board; provided, however, that an urban renewal
use shall be exempt from this requirement. For example, a business
or professional office in the BC District shall be allowed as of right
as long as it does not exceed 9,999 gross square feet in floor area;
thereafter, the use shall be classified as a major nonresidential
use and shall require a special permit from the Planning Board. The
special permit requirement for a major nonresidential use shall supersede
the requirement for site plan review set forth in Section 9.5; it
shall not supersede the requirement of a variance, when applicable.
3.2.1.
General. The following provisions shall apply to all accessory
uses and structures:
1.
An accessory use shall be permitted only on the same lot as the building
or use to which it is accessory, except as otherwise provided herein.
2.
No accessory use shall occupy more than 25% of the gross floor area
of the principal structure located on the lot, whether such accessory
use is located in the principal structure or not.
3.
No accessory use is permitted which involves the maintenance of a
stock-in-trade or the use of signs, show windows, illumination or
displays except as permitted in Section 5.3.
3.2.2.
Accessory uses; all districts. The following accessory uses
are specifically permitted in all districts as of right or by special
permit:
1.
Temporary construction trailers. The Director of Inspectional Services
may grant a temporary occupancy permit for temporary buildings and
trailers during building construction where reasonably required for
such construction. Such permit may be issued for an initial period
of not more than one year. Permits may be renewed by the Director
of Inspectional Services for successive periods of not more than one
year each.
2.
Accessory scientific uses. Uses, whether or not on the same parcel
as activities permitted as a matter of right, which are necessary
in connection with scientific research or scientific development or
related production may be permitted upon the issuance of a special
permit by the Zoning Board of Appeals, provided that the Board finds
that the proposed use does not substantially derogate from the public
good.
3.
Family child care homes. Family child care homes and large family
child care homes are allowed as set forth in the Table of Use Regulations.
[Amended 6-1-2020 by Order
No. 2020-012]
4.
Adult day care homes. Adult day care homes are allowed in all districts
as an accessory use only upon the issuance of a special permit by
the Zoning Board of Appeals.
3.2.3.
Accessory uses in the residence districts. The following provisions
shall apply to accessory uses and structures in the residence districts:
1.
Certain buildings. Toolsheds, garden sheds, storage sheds, or other
like buildings not more than 10 feet in height shall be allowed as
accessory uses in the residence districts. Garages are allowed up
to a maximum of 16 feet in height. Any such building shall meet the
minimum front yard requirements; however, the minimum rear and side
yard setback shall be six feet. No such building shall be higher than
one story, which for the purposes of this section only shall be measured
from the floor to the peak of the roof, nor shall such building exceed
25% of the gross floor area of the principal structure on the lot.
Any such building shall be located at least 10 feet away from any
other building or structure. Such buildings shall be properly anchored
for wind loading.
[Amended 6-1-2020 by Order
No. 2020-012]
2.
Parking of commercial vehicles. The following regulations shall govern
the off-street parking of commercial vehicles in the residence districts:
a.
Not more than one commercial vehicle of not more than 10,000
gross vehicle weight (gvw) may be parked or garaged on the premises.
b.
Not more than one commercial vehicle of 10,000 to 20,000 gvw
may be garaged on the premises; no outdoor parking of such vehicles
is permitted.
c.
The outdoor parking or garaging of a commercial vehicle of more
than 20,000 gvw is prohibited.
3.
Private garage or parking area. A private garage or parking area
for not more than four noncommercial motor vehicles accessory to a
single-family dwelling or a permitted nonresidential use in any residence
district, for not more than two noncommercial motor vehicles for each
dwelling unit for a two-family or multifamily dwelling in Residence
A, B, and C Districts, or for not more than 10 motor vehicles in any
other district shall be allowed as of right; provided, however, that
more than the limits specified above may be authorized by special
permit from the Zoning Board of Appeals.
[Amended 6-1-2020 by Order
No. 2020-012]
4.
Prohibited accessory uses. In the residence districts, the following
accessory uses are prohibited:
3.2.4.
Accessory uses in the business and industrial districts. In
the business and industrial districts, any use permitted as a principal
use is also permitted as an accessory use provided such use is customarily
incidental to the main or principal building or use of the land. Any
use authorized as a principal use by special permit may also be authorized
as an accessory use by special permit provided such use is customarily
incidental to the main or principal building or use of the land. Any
use not allowed in the district as a principal use is also prohibited
as an accessory use. Accessory uses are permitted only in accordance
with lawfully existing principal uses. In all instances where site
plan review and approval is required for a principal use, the addition
of any new accessory use to the principal use, where such addition
exceeds the thresholds established in Section 9.5, shall also require
site plan review and approval.
1.
Parking of commercial vehicle. The garaging or parking of not more
than one commercial vehicle, not to exceed 20,000 gvw, shall be allowed
as of right in the business and industrial districts, except in the
BA District.
3.3.1.
Home occupation as of right. One home occupation may be allowed
on any premises as of right, provided that the home occupation:
1.
Is conducted solely within a dwelling and solely by the person(s)
occupying the dwelling as a primary residence.
2.
Is clearly incidental and secondary to the use of the premises for
residential purposes.
3.
Does not produce offensive noise, vibration, smoke, dust, odors,
heat, lighting, electrical interference, radioactive emission or environmental
pollution.
4.
Does not utilize exterior storage of material or equipment (including
the parking of commercial vehicles).
5.
Does not exhibit any exterior indication of its presence or any variation
from residential appearance.
6.
Does not produce any customer, pupil, or client trips to the occupation
site and has no nonresident employees.
7.
Is registered as a business with the City Clerk.
3.3.2.
Home occupation by special permit. One home occupation may be
allowed on any premises by special permit issued by the Zoning Board
of Appeals, provided that:
1.
The home occupation complies with the pertinent provisions of Section
3.3.1, above.
2.
The home occupation is conducted within a dwelling solely by the
person(s) occupying the dwelling as a primary residence and, in addition
to the residents of the premises, by not more than three additional
employees.
3.
The home occupation does not exhibit any exterior indication of its
presence or any variation from residential appearance, except for
a sign or nameplate in compliance with Section 5.3.
4.
A special permit for such use is granted by the Zoning Board of Appeals,
subject to conditions including, but not limited to, restriction of
hours of operation, maximum floor area, off-street parking, and maximum
number of daily customer vehicle trips. Such special permit shall
be limited to three years or the transfer of the property, whichever
first occurs, and may be renewed by the Zoning Board of Appeals.
3.4.1.
Applicability. This chapter 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 MGL c. 40A, § 5, at which this chapter,
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.
1.
Certain changes to nonconforming uses and structures are allowed
by finding from the Director of Inspectional Services. See the list
of such authorized changes in the Department of Inspectional Services.
3.4.2.
Nonconforming uses. The Zoning Board of Appeals may grant a
finding 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 Zoning Board of Appeals:
3.4.3.
Nonconforming structures. The Zoning Board of Appeals may grant
a finding 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 Zoning Board of Appeals:
3.4.4.
Variance required. Except as provided in Section 3.4.5, 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, including the extension of an exterior
wall at or along the same nonconforming distance within a required
yard, shall require the issuance of a variance from the Zoning Board
of Appeals.
3.4.5.
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 Director of Inspectional Services 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.
Horizontal extensions. Horizontal extensions may be authorized by
the Director of Inspectional Services subject to the following conditions:
a.
The proposed extension follows in line with the existing nonconforming
structure where such structure is encroaching on a required rear or
side yard setback.
b.
The proposed extension does not encroach any further forward
in a required front yard.
c.
The proposed extension complies with all other provisions of
this chapter.
2.
Vertical extensions. Vertical extensions may be authorized by the
Director of Inspectional Services subject to the following conditions:
a.
Reconstructed structures shall be built on the original footprint.
b.
The height restriction of the respective areas in which these
structures are located will be observed.
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Any other type of proposed reconstruction, extension, alteration,
or change may be authorized by the Zoning Board of Appeals by a finding,
upon a determination that the proposed modification will not be substantially
more detrimental than the existing nonconforming structure to the
neighborhood.
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3.4.6.
Abandonment or nonuse. 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
chapter.
3.4.7.
Catastrophe or demolition. Any nonconforming structure may be
reconstructed after a fire, explosion or other catastrophe, or after
voluntary demolition, provided that such reconstruction is completed
within 12 months after such catastrophe or after such voluntary demolition,
and provided that the building(s) as reconstructed shall be only as
great in volume or area as the original nonconforming structure and
located on the original building footprint, unless a larger volume
or area or a new building footprint is authorized by finding from
the Zoning Board of Appeals. Such finding shall be obtained prior
to the voluntary demolition of a nonconforming structure. The time
for reconstruction may be extended by the Zoning Board of Appeals
for good cause.
3.4.8.
Reversion to nonconformity. No nonconforming use shall, if changed
to a conforming use, revert to a nonconforming use.
