A. 
No building or structure shall be constructed, and no building, structure or land, or part thereof, shall be used for any purpose or in any manner other than for one of the uses hereinafter set forth as permitted in the district in which such building, structure or land is located, or set forth as permissible by special permit in said district and so authorized. All uses, other than a single-family dwelling and two-family dwelling, nursery, farm, in-home professional office, and accessory uses customarily incidental to these uses, shall be subject to site plan review as detailed in Part 5, Article XIX, of this bylaw.
B. 
No building or structure shall be constructed unless a building permit is first secured. A special permit shall also be required in some cases as defined in the following sections.
C. 
Further:
(1) 
No building permit or certificate of occupancy shall be issued for any new construction on a lot which has a regularity factor of less than 0.40. The regularity factor shall be determined by the formula:
R
=
16A
P2
Where:
R
=
Regularity Factor
A
=
Land Area in Square Feet
P
=
Perimeter in Feet
(2) 
That part of the lot area in excess of the required lot area may be excluded from the regularity formula in determining the regularity factor. The perimeter containing the excess area shall not include the required frontage.
(3) 
The regularity formula shall not apply to lots of record as of the date of adoption of this section, April 29, 1985.
D. 
No lot shall be considered buildable unless the building(s), and/or Town water and sewer, well and septic system are located in the contiguous upland acreage equal in size to at least 90% of the minimum required lot size, or 40,000 square feet, whichever is less, for the zoning district where the lot is located.
E. 
No soil removal or grade alterations on slopes in excess of 8% shall be permitted within 500 feet of any area subject to protection under the Massachusetts Wetland Protection Act without prior Conservation Commission reviewing and issuing of an order of conditions.
F. 
Mixed use. Any use permitted within a district may be combined with any other use, provided all the requirements of the bylaw are met.
A. 
Permitted uses. The following uses are permitted uses in the RR District:
(1) 
Single-family detached dwelling.
(2) 
Nursery, including display and sale of natural products.
(3) 
Farm, including agriculture, horticulture and viticulture, provided that the lot is not less than five acres, including facilities for the sale of produce, wine and dairy products, insofar as the majority of such products for sale have been produced by the owner of the land on which the facility is located.
(4) 
Tree farm.
(5) 
Veterinarian.
(6) 
In-home professional office, where office and residence of the professional are both located in the same building. This use shall be restricted to 25% of total floor area of residence or 500 square feet, whichever is smaller. There shall be no more than two employees other than the professional allowed.
(7) 
Religious, educational or governmental use.
(8) 
Accessory uses customarily incidental to any of the above permitted uses, including customary home occupations when located in the same building as the main use.
(9) 
Walking, hiking, bicycling, roller skating, picnicking, cross-country skiing, snow shoeing through the establishment of trails.
(10) 
Microbrewery.
(11) 
Adult day care.
B. 
Exceptions which may be allowed in the RR District by special permit from the special permit granting authority (SPGA) in accordance with the regulations appearing in § 300-18.2B(2) of this bylaw:
(1) 
Private club not conducted for profit, provided that adequate off-street parking is provided and that clubhouse facilities are at least 100 feet from any residence.
(2) 
Campground as defined in Part 1, Article II, of this bylaw.
(3) 
Conversion of a one-family dwelling existing at the time of adoption of this bylaw into a two-family dwelling.
(4) 
Trailer coach park, provided that the proposed park conforms in all respects to the requirements of this bylaw and of the Trailer Park Bylaw.[1]
[1]
Editor's Note: See Ch. 199, Manufactured Housing Communities.
(5) 
Multifamily dwelling, provided that:
(a) 
It does not exceed four dwelling units.
(b) 
There is not less than 20,000 square feet of lot area per dwelling unit.
(c) 
Adequate provision is made for off-street parking.
(d) 
An environmental suitability study shows that the site is capable of sustaining this type of construction.
(6) 
Hospital or long-term care facility, in accordance with a site plan indicating layout of buildings on property, parking areas, access and egress, drainage provisions and other site improvements approved by the Planning Board.
(7) 
The removal of sand, gravel, subsoil, topsoil or earth in accordance with Part 3, Article XII, of this bylaw.
(8) 
Golf course, boat livery and riding stables, provided that such uses are to be carried out on property of adequate size.
(9) 
Housing for the elderly. A special permit may be granted by the Planning Board for housing designed and equipped for the elderly and physically handicapped, provided that the project and the location have the approval of the Board of Selectmen. The project may be exempted from the requirements of § 300-4.2B(5) and/or § 300-4.3B(2). An environmental suitability study shall be required. The Planning Board may impose conditions and safeguards. "Elderly" for the purposes of this bylaw shall be persons 55 years of age or older.
(10) 
Two-family residence, provided there is not less than 20,000 square feet of lot area per dwelling unit.
(11) 
Bed-and-breakfast (Planning Board acting as SPGA).
(12) 
Accessory dwelling unit.
(13) 
Single-family attached dwelling, provided that:
(a) 
It is located within an Open Space Residential Development and meets the requirements outlined in Part 3, Article VIII, Open Space Residential Development.
(b) 
There is not less than 20,000 square feet of lot area per dwelling unit.
C. 
The following regulations shall be applicable in the Rural Residential District (RR):
(1) 
Site plan. See Part 5, Article XIX.
A. 
Permitted uses. The following uses are permitted uses in the SR District:
(1) 
Single-family detached dwelling.
(2) 
Religious, educational or governmental use.
(3) 
In-home professional office, where office and residence of the professional are both located in the same building. This use shall be restricted to 25% of total floor area of the residence or 500 square feet, whichever is smaller. There shall be no more than two employees other than the professional allowed.
(4) 
Accessory uses customarily incidental to main use on the same premises.
(5) 
Walking, hiking, bicycling, roller skating, picnicking, cross-country skiing, snow shoeing through the establishment of trails.
(6) 
Farm, including agriculture, horticulture, and viticulture, provided that the lot is not less than five acres, including facilities for the sale of produce, wine and dairy products, insofar as the majority of such products for sale have been produced by the owner of the land on which the facility is located.
(7) 
Adult day care.
B. 
Exceptions which may be allowed in the SR District by special permit from the special permit granting authority (SPGA) in accordance with the regulations appearing in § 300-18.2B(2) of this bylaw:
(1) 
Two-family dwelling, provided that there is not less than 20,000 square feet of lot area per dwelling unit.
(2) 
Multifamily dwelling, provided that:
(a) 
It does not exceed four dwelling units.
(b) 
There is not less than 20,000 square feet of lot area per dwelling unit.
(c) 
Adequate provision is made for off-street parking.
(d) 
An environmental suitability study shows that the site is capable of sustaining this type of construction.
(3) 
The removal of sand and gravel, subsoil, topsoil or earth in accordance with Part 3, Article XII of this bylaw.
(4) 
Housing for the elderly. A special permit may be granted by the Planning Board for housing designed and equipped for the elderly and physically handicapped, provided that the project and the location have the approval of the Board of Selectmen. The project may be exempted from the requirements of § 300-4.2B(5) and/or § 300-4.3B(2). An environmental suitability study shall be required. The Planning Board may impose conditions and safeguards. "Elderly" for the purpose of this bylaw shall be persons 55 years of age or older.
(5) 
Bed-and-breakfast (Planning Board acting as SPGA).
(6) 
Golf course and accessory uses customarily incidental thereto.
(7) 
Accessory dwelling unit.
(8) 
Single-family attached dwelling, provided that:
(a) 
It is located within an Open Space Residential Development and meets the requirements outlined in Part 3, Article VIII, Open Space Residential Development.
(b) 
There is not less than 20,000 square feet of lot area per dwelling unit.
C. 
The following regulation shall be applicable in the Suburban Residential District. (SR):
(1) 
Site plan. See Part 5, Article XIX.
A. 
Permitted uses. The following uses are permitted uses in the C District:
(1) 
Single-family dwelling. Also, apartments accessory to a commercial building (not to exceed two dwelling units per building).
(2) 
Office, bank, newspaper or job-printing establishment.
(3) 
Retail store or shop, barber shop, beauty salon, personal service establishments, shop for the repair of personal or household items, laundromat, health and fitness center, artisan's or craftsman's shop, livery or taxi service licensed by the Board of Selectmen, wholesale and retail sales not involving manufacture on the premises except of products the major portion of which are sold on the premises by the producer.
(4) 
Automobile service station.
(5) 
Religious, educational or governmental use.
(6) 
Nonprofit club.
(7) 
Restaurants, including bakery and confectionery.
(8) 
A multi-specialty physician office building wherein physicians and non-physician providers and support staff provide diagnostic and treatment services to ambulatory and outpatients, with the assistance and support of laboratory, radiology, physical therapy, pharmacy, mental health and other related personnel and equipment.
(9) 
Accessory uses customarily incidental to a permitted main use on the premises.
(10) 
Walking, hiking, bicycling, roller skating, picnicking, cross-country skiing and snow shoeing through the establishment of trails.
(11) 
Farm, including agriculture, horticulture and viticulture, provided that the lot is not less than five acres, including facilities for the sale of produce, wine and dairy products, insofar as the majority of such products for sale have been produced by the owner of the land on which the facility is located.
(12) 
Fast-food establishment.
(13) 
Walk-up establishment.
(14) 
Fast casual restaurant.
(15) 
Craft beverage business with tasting room.
(16) 
Urgent care facility.
B. 
Exceptions which may be allowed in the C District by special permit from the special permit granting authority (SPGA) in accordance with the regulations appearing in § 300-18.2B(2) of this bylaw:
(1) 
Indoor recreation facilities.
(2) 
Outdoor recreation facilities.
(3) 
Indoor family amusement centers.
(4) 
Hotel, inn or motel.
(5) 
The removal of sand, gravel, subsoil, topsoil or earth in accordance with Part 3, Article XII, of this bylaw.
(6) 
Multifamily dwelling, provided that:
(a) 
It does not exceed four dwelling units.
(b) 
There is not less than 20,000 square feet of lot area per dwelling unit.
(c) 
Adequate provision is made for off-street parking.
(d) 
An environmental suitability study shows that the site is capable of sustaining this type of construction and use.
(e) 
The entire multifamily dwelling and its necessary area requirements are located entirely in the Commercial District; or in a less restrictive district.
(7) 
Two-family residence, provided there is not less than 20,000 square feet of lot area per dwelling unit.
(8) 
Car wash (Planning Board acting as SPGA).
(9) 
Youth center.
(10) 
Building heights greater than 35 feet or three stories, pursuant to a determination of the special permit granting authority that the design, siting and scale of the proposed building are consistent with the location, scale and characteristics of the uses of the site and are in harmony with the surrounding properties and land uses.
C. 
The following regulations shall be applicable in the Commercial District C:
(1) 
Site plan. See Part 5, Article XIX.
(2) 
In addition, applicants shall note the following:
(a) 
Design review is required for new structures, and exterior renovation or alteration of existing structures, in the Commercial District C, as set forth in Chapter 142, Design Review, of the Town bylaws.
(b) 
Per the Planning Board's direction, design review shall take place prior to or concurrently with the site plan review process in the Town of Sturbridge, and shall inform that process.
(c) 
Property owners and designers shall use the Design Review Guidelines when applying for and undergoing the design review process, which may include architectural review and/or sign review.
(d) 
Applicants are encouraged to discuss their projects with the Planning Department if they have any questions regarding the Design Review Guidelines.
The Commercial Tourist District is intended to be an attractive neighborhood and commercial center that is pedestrian-friendly, caters to residents and tourists alike and provides a variety of shopping opportunities, restaurants and inns, as well as establishments offering family entertainment during the day and night.
A. 
Permitted uses. The following uses are permitted uses in the CT District:
(1) 
Single-family dwelling.
(2) 
Dwelling units located within a structure which is primarily used for a permitted use in this district and secondarily used as a residence.
(3) 
Hotels, motels and inns.
(4) 
Specialty shopping facilities such as gift shops, apparel shops, antique shops, bookstores, galleries, banks, professional and business services, newsstands, furniture, drapery, music and video, pharmacy, sporting goods, bicycle shops, jewelry, hobby, toy and game stores, camera and photo supplies, luggage and leather, sewing, needlework and piece goods, florists, photographic studios, art dealers and places for display or sale of handicrafts, provided all displays are within the building. Areas for the production of goods are to be limited to no more than 35% of total floor areas. Total area shall not exceed 7,500 square feet per shop.
(5) 
Restaurants, bakeries, delicatessens, candy, nut and confectionery stores, dairy, and specialty foods and/or beverage stores and places serving food and/or beverages for consumption on the premises. Total floor area shall not exceed 7,500 square feet per place.
(6) 
Microbrewery. Total floor area shall not exceed 7,500 square feet unless located within buildings existing at the time of adoption of this amendment.
(7) 
Walk-up establishments.
(8) 
Indoor family amusement centers located within buildings existing at the time of adoption of this amendment.
(9) 
Professional offices, including facilities occupied by businesses that provide professional services and/or are engaged in the production of intellectual property. Total floor area shall not exceed 6,000 square feet per structure. Examples of these include: accounting, auditing and bookkeeping services; advertising agencies; attorneys; commercial art and design services; counseling services; design services, including architecture, engineering, landscape architecture, urban planning; education, scientific and research organizations; financial management and investment counseling; management and public relations services; media postproduction services; news services; photographers and photography studios; secretarial, stenographic, word processing, and temporary clerical employee services; travel offices; security and commodity brokers; and writers and artists offices.
(10) 
Beauty salons and barber shops and other personal services.
(11) 
Dry cleaning and laundromat. Total floor area shall not exceed 4,000 square feet.
(12) 
Artist studio.
(13) 
Arts center.
(14) 
Accessory uses customarily incidental to a permitted main use on the same premises.
(15) 
Walking, hiking, bicycling, roller skating, picnicking, cross-country skiing, snow shoeing through the establishment of trails.
(16) 
Rental shops for the hourly or daily rental of bicycles, kayaks, canoes, snow shoes, cross country skis, and other similar sporting apparatus.
(17) 
Farm, including agriculture, horticulture, and viticulture, provided that the lot is not less than five acres, including facilities for the sale of produce, wine and dairy products, insofar as the majority of such products for sale have been produced by the owner of the land on which the facility is located.
(18) 
Farmer's market.
(19) 
Religious, educational or governmental use.
(20) 
Craft beverage business with tasting room.
B. 
Exceptions which may be allowed in the CT District by special permit from the special permit granting authority (SPGA) in accordance with the regulations appearing in § 300-18.2B(2) of this bylaw:
(1) 
Lodging houses or tourist homes.
(2) 
Dramatic or motion-picture theaters.
(3) 
Bed-and-breakfast (Planning Board acting as SPGA).
(4) 
Youth center.
(5) 
Building heights of greater than 35 feet or three stories may be allowed (Planning Board acting as SPGA) when it is determined that the location, scale and characteristics of the proposed land uses on the site; the design, siting and scale of structures are in harmony with the surrounding properties and land uses.
C. 
The following regulations shall be applicable in the Commercial/Tourist District (CT):
(1) 
Site plan review. See Part 5, Article XIX.
(2) 
In addition, applicants shall note the following:
(a) 
Design review is required for new structures, and exterior renovation or alteration of existing structures, in the Commercial Tourist District (CT), as set forth in Chapter 142, Design Review, of the Town bylaws.
(b) 
Per the Planning Board's direction, design review shall take place prior to or concurrently with the site plan review process in the Town of Sturbridge, and shall inform that process.
(c) 
Property owners and designers shall use the Design Review Guidelines when applying for and undergoing the design review process, which may include architectural review and/or sign review.
(d) 
Applicants are encouraged to discuss their projects with the Planning Department if they have any questions regarding the Design Review Guidelines.
A. 
Permitted uses. The following uses are permitted uses in the GI District:
(1) 
Wholesale warehouse and storage facilities.
(2) 
Hotel, inn or motel.
(3) 
Any manufacturing or industrial use, including processing, fabrication and assembly, provided that no such use shall be permitted which would be detrimental or offensive or tend to reduce property values in the same or adjoining districts by reason of dirt, odor, fumes, smoke, gas, sewage, refuse, noise, excessive vibration or danger of explosion or fire.
(4) 
Automobile repair shop, automobile storage garage, automobile salesroom or lot not to exceed 40 vehicles for sale.
(5) 
Accessory uses customarily incidental to a permitted main use on the same premises.
(6) 
Walking, hiking, bicycling, roller skating, picnicking, cross-country skiing, snow shoeing through the establishment of trails.
(7) 
Farm, including agriculture, horticulture, and viticulture, provided that the lot is not less than five acres, including facilities for the sale of produce, wine and dairy products, insofar as the majority of such products for sale have been produced by the owner of the land on which the facility is located.
(8) 
Office, bank, newspaper or job printing establishment.
(9) 
Religious, educational or governmental use.
B. 
Exceptions which may be allowed in the GI District by special permit from the special permit granting authority (SPGA) in accordance with the regulations appearing in § 300-18.2B(2) of this bylaw:
(1) 
The removal of sand, gravel, subsoil, topsoil or earth in accordance with Part 3, Article XII of this bylaw.
(2) 
Building heights greater than 35 feet or three stories, pursuant to a determination of the special permit granting authority that the design, siting and scale of the proposed building are consistent with the location, scale and characteristics of the uses of the site and are in harmony with the surrounding properties and land uses.
C. 
The following regulations shall be applicable in the General Industrial District (GI):
(1) 
Site plan. See Part 5, Article XIX.
(2) 
In addition, applicants shall note the following:
(a) 
Design review is required for new structures, and exterior renovation or alteration of existing structures, in the General Industrial District (GI), as set forth in Chapter 142, Design Review, of the Town bylaws.
(b) 
Per the Planning Board's direction, design review shall take place prior to or concurrently with the site plan review process in the Town of Sturbridge, and shall inform that process.
(c) 
Property owners and designers shall use the Design Review Guidelines when applying for and undergoing the design review process, which may include architectural review and/or sign review.
(d) 
Applicants are encouraged to discuss their projects with the Planning Department if they have any questions regarding the Design Review Guidelines.
A. 
Permitted uses. The following uses are permitted uses in the IP District:
(1) 
Animal clinic or hospital, including animal rescue.
(2) 
Business support services.
(3) 
Child day-care center.
(4) 
Equipment sales and rental facilities.
(5) 
Handcraft industries, including retail sales of the product produced on the premises.
(6) 
Health and fitness facilities.
(7) 
Information processing facilities.
(8) 
Plumbing, heating and electrical warehouses, showrooms and manufacturers.
(9) 
Laboratories for research and development.
(10) 
Communications/Telecommunications offices, radio and television broadcasting studios and facilities.
(11) 
Newspaper printing and job printing.
(12) 
Any manufacturing or industrial use, including processing, fabrication, packaging and assembly, provided that no such use shall be permitted which would be detrimental or offensive or tend to reduce property values in the same or adjoining districts by reason of dirt, odor, fumes, smoke, gas, sewage, refuse, noise, excessive vibration or danger of explosion or fire.
(13) 
Food and beverage products manufacturing, including distilleries, breweries and co-packing and commercial kitchen space.
(14) 
Wholesale warehouse or storage facilities, including self-storage facilities.
(15) 
Automobile repair shop, automobile storage garage, automobile salesroom or lot not to exceed 40 vehicles for sale.
(16) 
Accessory uses customarily incidental to a permitted main use on the same premises.
(17) 
Professional offices and call centers.
(18) 
Professional, scientific and technical services.
(19) 
Hotel, inn or motel.
(20) 
A multi-specialty physician office building wherein physicians and non-physician providers and support staff provide diagnostic and treatment services to ambulatory and outpatients, with the assistance and support of laboratory, radiology, physical therapy, pharmacy, mental health and other related personnel and equipment.
(21) 
Walking, hiking, bicycling, roller skating, picnicking, cross-country skiing, snow shoeing through the establishment of trails.
(22) 
Farm, including agriculture, horticulture and viticulture, provided that the lot is not less than five acres, including facilities for the sale of produce, wine and dairy products, insofar as the majority of such products for sale have been produced by the owner of the land on which the facility is located.
(23) 
Bank.
(24) 
Retail and wholesale fuel oil distribution and off-site heating service, oil storage and associated office and garage space for motor vehicles of the fuel oil operation.
(25) 
Religious, educational or governmental use.
B. 
Exceptions which may be allowed in the IP District by special permit from the special permit granting authority (SPGA) in accordance with the regulation appearing in § 300-18.2B(2) of this bylaw:
(1) 
The removal of sand, gravel, subsoil, topsoil or earth in accordance with Part 3, Article XII of this bylaw.
(2) 
Restaurant, including bakery and confectionery.
(3) 
Building heights greater than 35 feet or three stories, pursuant to a determination of the special permit granting authority that the design, siting and scale of the proposed building are consistent with the location, scale and characteristics of the uses of the site and are in harmony with the surrounding properties and land uses.
C. 
The following regulations shall be applicable in the Industrial Park District (IP):
(1) 
Site plan. See Part 5, Article XIX.
(2) 
In addition, applicants shall note the following:
(a) 
Design review is required for new structures, and exterior renovation or alteration of existing structures, in the Industrial Park District (IP), as set forth in Chapter 142, Design Review, of the Town bylaws.
(b) 
Per the Planning Board's direction, design review shall take place prior to or concurrently with the site plan review process in the Town of Sturbridge, and shall inform that process.
(c) 
Property owners and designers shall use the Design Review Guidelines when applying for and undergoing the design review process, which may include architectural review and/or sign review.
(d) 
Applicants are encouraged to discuss their projects with the Planning Department if they have any questions regarding the Design Review Guidelines.
A. 
Permitted uses. The following uses are permitted uses in the C2 District:
(1) 
Single-family dwelling. Also, apartments accessory to a commercial building (not to exceed two dwelling units per building).
(2) 
Office, bank, newspaper or job printing establishment.
(3) 
Retail store or shop, barber shop, beauty salon, personal service establishments, shop for the repair of personal or household items, laundromat, health and fitness center, artisan's or craftsmen's shop, wholesale and retail sales not involving manufacture on the premises except of products the major portion of which are sold on the premises by the producer.
(4) 
Automobile service station.
(5) 
Religious, educational or governmental use.
(6) 
Nonprofit club.
(7) 
Restaurants, including bakery and confectionery.
(8) 
A multi-specialty physician office building wherein physicians and non-physician providers and support staff provide diagnostic and treatment services to ambulatory and outpatients, with the assistance and support of laboratory, radiology, physical therapy, pharmacy, mental health and other related personnel and equipment.
(9) 
Accessory uses customarily incidental to a permitted main use on the premises.
(10) 
Walking, hiking, bicycling, roller skating, picnicking, cross-country skiing and snow shoeing through the establishment of trails.
(11) 
Farm, including agriculture, horticulture and viticulture, provided that the lot is not less than five acres, including facilities for the sale of produce, wine and dairy products, insofar as the majority of such products for sale have been produced by the owner of the land on which the facility is located.
(12) 
Fast-food establishment.
(13) 
Walk-up establishment.
(14) 
Fast casual restaurant.
(15) 
Craft beverage business with tasting room.
(16) 
Urgent care facility.
B. 
Exceptions which may be allowed in the C2 District by special permit from the special permit granting authority (SPGA) in accordance with the regulations appearing in § 300-18.2B(2) of this bylaw:
(1) 
Indoor recreation facilities.
(2) 
Outdoor recreation facilities.
(3) 
Indoor family amusement centers.
(4) 
Hotel, inn or motel
(5) 
The removal of sand, gravel, subsoil, topsoil or earth in accordance with Part 3, Article XII of this bylaw.
(6) 
Multifamily dwelling, provided that:
(a) 
It does not exceed four dwelling units.
(b) 
There is not less than 20,000 square feet of lot area per dwelling unit.
(c) 
Adequate provision is made for off-street parking.
(d) 
An environmental suitability study shows that the site is capable of sustaining this type of construction and use.
(e) 
The entire multifamily dwelling and its necessary area requirements are located entirely in the Commercial District; or in a less restrictive district.
(7) 
Two-family residence, provided there is not less than 20,000 square feet of lot area per dwelling unit.
(8) 
Truck stop (Planning Board acting as SPGA).
(9) 
Farm, including agriculture, horticulture and viticulture, provided that the lot is not less than five acres, including facilities for the sale of produce, wine and dairy products, insofar as the majority of such products for sale have been produced by the owner of the land on which the facility is located.
(10) 
Building heights greater than 35 feet or three stories, pursuant to a determination of the special permit granting authority that the design, siting and scale of the proposed building are consistent with the location, scale and characteristics of the uses of the site and are in harmony with the surrounding properties and land uses.
C. 
The following regulations shall be applicable in the Commercial II District (C2):
(1) 
Site plan. See Part 5, Article XIX.
(2) 
In addition, applicants shall note the following:
(a) 
Design review is required for new structures, and exterior renovation or alteration of existing structures, in the Commercial II District (C2), as set forth in Chapter 142, Design Review, of the Town bylaws.
(b) 
Per the Planning Board's direction, design review shall take place prior to or concurrently with the site plan review process in the Town of Sturbridge, and shall inform that process.
(c) 
Property owners and designers shall use the Design Review Guidelines when applying for and undergoing the design review process, which may include architectural review and/or sign review.
(d) 
Applicants are encouraged to discuss their projects with the Planning Department if they have any questions regarding the Design Review Guidelines.
The purpose of the Historic Commercial District (HC) is to allow for a mixture of residential and limited service, retail and cultural uses, while maintaining the integrity of the character of the nearby National Register Historic District (NRHD).[1] The HC District is defined on the Sturbridge Zoning Map and contains properties both within and surrounding the NRHD. It is the goal of this section to preserve and protect the distinctive and/or historical characteristics of buildings and places through the maintenance and improvement of settings for such buildings and places and the encouragement of designs compatible therewith. Site layout and design should be done in a manner that respects the scale and design of existing neighborhoods and to fit into the streetscape.
A. 
Permitted uses. The following uses are permitted uses in the HC District:
(1) 
Single-family dwelling.
(2) 
General retail shops with a floor area of not greater than 6,000 square feet per structure, including antique shops; retail art galleries; art supply shops, including framing services; artisan shops; books, magazines and newspaper shops; camera and photographic supply shops; clothing, shoes and accessories shops; collectibles (cards, coins, stamps, comics, etc.); fabric and sewing supply shops; florists; gift and souvenir shops; hobby shops; handicraft shops; and other specialty boutiques, provided that such uses are conducted entirely within the building. Areas for the production of goods shall be limited to no more than 35% of total floor areas.
(3) 
Restaurants; bakeries; delicatessens; candy, nut and confectionery stores; dairy and specialty food and/or beverage stores; and other places serving food for consumption on the premises. Total floor area shall not exceed 6,000 square feet per store.
(4) 
Professional offices, including facilities occupied by businesses that provide professional services and/or are engaged in the production of intellectual property. Total floor area shall not exceed 6,000 square feet per structure. Examples of these include: accounting, auditing and bookkeeping services; advertising agencies; attorneys; commercial art and design services; counseling services; design services, including architecture, engineering, landscape architecture, urban planning; education, scientific and research organizations; financial management and investment counseling; management and public relations services; media postproduction services; news services; photographers and photography studios; secretarial, stenographic, word processing, and temporary clerical employee services; security and commodity brokers; and writers and artists offices.
(5) 
Hotel, motel or inn not to exceed 125 rooms.
(6) 
Libraries, museums, galleries.
(7) 
Religious, educational or governmental use.
(8) 
Walking, hiking, bicycling, roller skating, cross country skiing and snow shoeing through the establishment of trails and outdoor recreation, nature study, boating, fishing, swimming, hunting and picnicking where otherwise legally permitted.
(9) 
Accessory uses customarily incidental to a permitted main use on the same premises, including one or more accessory dwelling units located above the first story of the structure containing a primary use permitted herein under Subsection A(2), (3) or (5).
(10) 
Farm, including agriculture, horticulture and viticulture, provided that the lot is not less than five acres, including facilities for the sale of produce, wine and dairy products, provided that said facilities comply with the requirements of MGL c. 40A, § 3.
B. 
Exceptions which may be allowed in the HC District by special permit from the special permit granting authority (SPGA) in accordance with the regulations appearing in § 300-18.2B(2) of this bylaw:
(1) 
Bed-and-breakfast, not to exceed 4,000 square feet.
(2) 
Youth center, not to exceed 6,000 square feet unless constructed within a building existing at the time of adoption of this bylaw, in which case the youth center may occupy the entirety of the building.
C. 
The following regulations shall be applicable in the Historic Commercial District (HC):
(1) 
Guidelines for preservation and adaptive reuse of existing structures within the district for all projects requiring site plan review.
(a) 
Purpose. The purpose of this subsection is to provide standards to be applied through site plan review for change of use of any existing property or structure within the district ("adaptive reuse projects"). Structures shall be re-used whenever possible and/or practicable. In general, preservation and rehabilitation efforts for these structures shall aim towards protecting the essential architectural features of a structure that help identify its individual style and thereby further its contribution to the historic character of the surrounding neighborhood.
(b) 
Adaptive reuse projects within the Historic Commercial District shall retain a residential character, scale and style although the property is being utilized or is proposed to be utilized for commercial purposes and shall to the extent practicable follow the general rehabilitation principles below:
[1] 
The historic character of a property will be retained and preserved. The removal of distinctive materials or alteration of features, spaces and spatial relationships that characterize a property will be avoided if possible.
[2] 
Each property will be recognized as a physical record of its time, place and use. Changes that create a false sense of historical development, such as adding conjectural features or elements from other historic properties, shall not be undertaken.
[3] 
Distinctive materials, features, finishes and construction techniques or examples of craftsmanship that characterize a property shall be preserved.
[4] 
Deteriorated historic features will be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature will match the old in design, color, texture and, where possible, materials. Replacement of missing features will be substantiated by documentary and physical evidence.
(2) 
Guidelines for additions to existing structures for all projects requiring site plan review.
(a) 
Purpose. The purpose of this subsection is to provide standards to be applied through site plan review for the reuse of structures within the district and the incorporation of alterations and/or the construction of additions to those structures. Additions to historically valuable structures may be necessary to ensure their continued use. Modifications (e.g., additions, new entrances and exits, parking facilities, handicap facilities and other code improvements) shall be made with care so as not to compromise a structure's historically valuable features, finishes or materials. As with the adaptive reuse section [see Subsection C(1)], it is preferred that structures having potential historical value within the Town be re-used whenever possible and/or practicable and that any additions to these structures be done in a manner that minimizes changes in the appearance of the structure from the public right-of-way. In general, preservation and rehabilitation efforts for these structures shall aim towards protecting the essential architectural features of a structure that help identify its individual style and thereby further its contribution to the historic character of the surrounding neighborhood.
(b) 
Projects that include the reuse of existing structures including the incorporation of additions and or modifications within the Historic Commercial District shall retain a residential character, scale and style although the property is being utilized or is proposed to be utilized for commercial purposes and shall to the extent practicable follow the general principles below:
[1] 
Additions shall be carefully placed to minimize changes in the appearance of the structure from the public right-of-way. Whenever possible, additions should be placed to the side or rear of the structure and should not obstruct the appearance of the structure from the public right-of-way.
[2] 
New additions, exterior alterations or related new construction shall not destroy historic materials, features and spatial relationships that characterize the property. The new work will be differentiated from the old and will be compatible with the historic materials, features, size, scale and proportion, and massing to protect the integrity of the property and its environment.
[3] 
Additions to structures should incorporate the distinctive architectural features of the original structures, including:
[a] 
Door and window shape, size and type;
[b] 
Exterior materials;
[c] 
Roof material, pitch and style; and
[d] 
Trim and decoration.
[4] 
Second-story additions will always change a structure's proportions; therefore, such additions shall be carefully designed to follow similar two-story examples of the particular style that may be found in the surrounding neighborhood.
[5] 
Integrating a new second-story addition into the original design of the structure may be easier if the addition is set back from the front facade so that it is less noticeable from the public right-of-way.
[6] 
New additions and adjacent or related new construction will be undertaken in a manner that, if removed in the future, would not impair the essential form and integrity of the historic property or its environment.
(3) 
Guidelines for infill development for all projects requiring site plan review.
(a) 
Purpose. The purpose of this subsection is to provide standards to be applied through site plan review for the construction of new structures within the Historic Commercial District. These guidelines are intended to encourage new infill development within the district that is compatible in scale and treatment with the existing, older development and to maintain the overall historic character and integrity of the area. At the same time, these guidelines are intended to promote the visual variety that is characteristic of Sturbridge and to provide for reasonable flexibility in accommodating personal style and preferences of applicants proposing new construction.
(b) 
Projects that include the construction of new structures within the Historic Commercial District shall retain a residential character, scale and style although the property is proposed to be utilized for commercial purposes and shall to the extent practicable follow the general principles below:
[1] 
New structures should support the distinctive architectural characteristics of development within the existing Historic Commercial District and nearby NRHD, including building mass, scale, proportion, decoration/detail, door and window spacing, exterior materials, porches and roof pitch and style.
[2] 
The height of new structures should be considered within the context of their surroundings. Structures with greater height should consider providing greater setbacks at the second story level, to reduce impacts (e.g., blocking or screening of air and light, privacy, etc.) on adjoining story structures.
[3] 
The incorporation of design elements that break up large facades and add human scale to the structures is encouraged.
[4] 
The proper use of building materials can enhance desired neighborhood qualities (e.g., compatibility, continuity, harmony, etc). The design of new structures should incorporate an appropriate mixture of the predominant materials in the surrounding neighborhood whenever possible.
[5] 
Building forms that reduce energy may be much different than traditional architectural types. Careful design is required to insure that such modern and commonly used features are integrated within the design. Solar panels and other sustainable construction features should be fully integrated into the design of new construction, rather than applied at the conclusion of the design process.
D. 
The following shall be applicable in the Historic Commercial District:
(1) 
All parking, loading and service areas shall be located to the rear of the principal structure wherever possible.
(2) 
Site plan review. See Part 5, Article XIX.
(3) 
Design review.
(a) 
Design review pursuant to Chapter 142, Design Review, of the Town bylaws shall be required for all adaptive reuse projects, additions to existing structures and infill development.
(b) 
With respect to design review, applicants shall note the following:
[1] 
Per the Planning Board's direction, design review shall take place prior to or concurrently with the site plan review process in the Town of Sturbridge, and shall inform that process.
[2] 
Property owners and designers shall use the Design Review Guidelines when applying for and undergoing the design review process, which may include architectural review and/or sign review.
[3] 
Applicants are encouraged to discuss their projects with the Planning Department if they have any questions regarding the Design Review Guidelines.
[1]
Note: The Sturbridge Town Common National Register Historic District is the historic civic, religious and commercial center of the Town of Sturbridge. This area is comprised of 138.15 acres, including the Town's original six-acre Town Common. It is further defined as the area along Main Street (Route 131) between Hall Road on the east and the I-84 overpass on the west, containing 47 public and privately owned properties. The area was designated a National Register Historic District in 1977.
A. 
Permitted uses. The following uses are permitted uses in the SU District:
(1) 
Single-family detached dwelling.
(2) 
Nursery, including display and sale of natural products.
(3) 
Religious, educational or governmental use.
(4) 
Walking, hiking, bicycling, roller skating, picnicking, cross-country skiing, snow shoeing, through the establishment of trails and other amenities.
(5) 
Accessory uses customarily incidental to main use on the same premises.
(6) 
Farm, including agriculture, horticulture and viticulture, provided that the lot is not less than five acres, including facilities for the sale of produce, wine and dairy products, insofar as the majority of such products for sale have been produced by the owner of the land on which the facility is located.
(7) 
Professional and medical offices.
(8) 
Laboratories for research and development.
B. 
Exceptions which may be allowed in the SU District by special permit from the special permit granting authority (SPGA) (Unless otherwise noted, the Planning Board is the SPGA.) in accordance with the regulations appearing in § 300-18.2B(2) of this bylaw:
(1) 
Campgrounds.
(2) 
Manufactured home community for persons over the age of 55.
(3) 
Bed-and-breakfast.
(4) 
Hospital or medical treatment building.
(5) 
Indoor recreational facilities.
(6) 
Outdoor recreational facilities.
(7) 
Craft beverage business with tasting room.
(8) 
Microbrewery.
(9) 
Indoor family amusement centers.
(10) 
Building heights greater than 35 feet or three stories, pursuant to a determination of the special permit granting authority that the design, siting and scale of the proposed building are consistent with the location, scale and characteristics of the uses of the site and are in harmony with the surrounding properties and land uses.
(11) 
Accessory dwelling unit (ZBA acting as SPGA).
(12) 
Single-family attached dwelling, provided that:
(a) 
It is located within an open space residential development and meets the requirements outlined in Part 3, Article VIII, Open Space Residential Development.
(b) 
There is not less than 20,000 square feet of lot area per dwelling unit.
(13) 
Two-family dwelling, provided that:
(a) 
It is located within an open space residential development and meets the requirements outlined in Part 3, Article VIII, Open Space Residential Development.
(b) 
There is not less than 20,000 square feet of lot area per dwelling unit.
(14) 
Multifamily dwelling, provided that:
(a) 
It is located within an open space residential development and meets the requirements outlined in Part 3, Article VIII, Open Space Residential Development.
(b) 
There is not less than 20,000 square feet of lot area per dwelling unit.
C. 
The following regulation shall be applicable in the Special Use District (SU):
(1) 
Site plan review. See Part 5, Article XIX.
D. 
Signage. With the approval of the Board of Selectmen, one sign that conforms to all requirements of the Zoning Bylaw shall be allowed to be located within the Town right-of-way for an approved nonresidential use in the Special Use District. Minimal clearing will be allowed to provide visual access to the sign. Sign design and details shall be approved by the Design Review Committee.