A. 
General. No structure shall be erected or used, premises used, or lot changed in size or shape except in conformity with the requirements of this article, unless otherwise exempted by this bylaw or by statute. Uses not expressly allowed or allowed by special permit are prohibited.
B. 
Reduction of occupied lots. No lot on which a building is located in any district shall be reduced or changed in size or shape so that the building or lot fails to comply with the lot area, frontage, width, coverage, setback or yard provisions of this article, without the approval of the Zoning Board of Appeals. This prohibition shall not apply, however, when a portion of a lot is taken or conveyed for a public purpose.
A. 
Tables of dimensional requirements. Tables B through D prescribe the minimum lot dimensions requirements, minimum setback requirements, maximum lot coverage requirements, minimum floor areas and maximum building height requirements in each of the zoning districts. No existing lot shall be changed as to size or shape so as to result in a violation of the requirements set forth in these tables. In the case of public, institutional, commercial or industrial buildings, a group of buildings under the same ownership may be considered as occupying the same lot.
B. 
Residential district lots (Table B). No building or structure hereafter erected shall be located on a residential lot having less than the minimum requirements set forth in Table B except as provided herein. Not more than one dwelling shall be located upon any such lot, except in the case of multiple dwellings as provided herein.
C. 
General Business, Commercial & Industrial District and Upton Center Business District lots (Table C). A building or structure hereafter erected in a General Business District or Commercial & Industrial District or the Upton Center Business District shall be located on a lot having not less than the minimum requirements set forth in Table C.
[Amended 5-8-2021 ATM by Art. 16]
D. 
Municipal Government Facilities District lots (Table D). A building or structure hereafter erected in a Municipal Government Facilities District shall be located on a lot having not less than the minimum requirements set forth in Table D.
[Amended 5-8-2021 ATM by Art. 16]
DIMENSIONAL REGULATION TABLES
Table B: Residential District Lots
Minimum Lot Dimension (Note 1)
Minimum Setback Requirements
Maximum Building Height
District
Area
Square Feet
Front
Linear Feet
(Note 2)
Front
Linear Feet
(Note 2)
Side
Linear Feet
(Note 8)
Rear
Linear Feet
(Note 8)
Number of Stories
Linear Feet
(Note 7)
Maximum Coverage Including Accessory Building
SRA
15,000
100
25
10
30
2.5
30
30%
SRB
25,000
150
40
20
30
2.5
30
30%
SRC
40,000
180
40
25
30
2.5
30
30%
SRD
60,000
210
40
30
30
2.5
30
30%
AR
80,000
240
50
30
50
2.5
30
30%
Table C: General Business, Commercial & Industrial and UCBD District Lots
[Amended 11-5-2019 STM by Art. 16]
Minimum Lot Dimension (Note 1)
Minimum Setback Requirements (Note 5)
Maximum Building Height
District
Area
Square Feet
Front
Linear Feet
Front
Linear Feet
(Note 2)
Side
Linear Feet
(Notes 3 and 8)
Rear
Linear Feet
(Notes 4 and 8)
Number of Stories
Linear Feet
(Note 7)
Maximum Coverage Including Accessory Building
GB
(Note 6)
(Note 6)
30
10
20
2
25
40%
C&I
(Note 6)
(Note 6)
30
20
20
1
25
40%
UCBD
10,000
100
30 (see Note 9)
10 (see Note 9)
20 (see Note 9)
2 (see Note 9)
25 (see Note 9)
40% (see Note 9)
Table D: Municipal Government Facilities District Lots
District
Minimum Lot Dimension (Note 1)
Minimum Setback Requirements
Maximum Building Height
Area
Acres
Front
Linear Feet
Front
Linear Feet
(Note 2)
Side
Linear Feet
(Note 3)
Rear
Linear Feet
(Note 4)
Number of Stories
Linear Feet
(Note 7)
Maximum Coverage Including Accessory Building
MGF
5
200
40
50
50
3
35
50%
Notes for Table B through Table D:
[Amended 11-5-2019 STM by Art. 16]
(1)
A lot or parcel of land having an area or a frontage of lesser amounts than required by this table may be considered as coming within the area and frontage requirements of this article, provided such lot or parcel of land was shown on a plan or described in a deed duly recorded or registered at the time of the effective date of this bylaw (October 1, 1958) and did not at the time of the effective date of this bylaw (October 1, 1958) adjoin other land of the same owner available for use in connection with such lot or parcel. In all districts, except as herein provided, no dwelling shall be constructed on a lot having a width at any point between the frontage way and that part of the dwelling nearest thereto of less than 80% of the frontage distance required for the district in which said lot is located.
(2)
To be measured from the right-of-way line where a plan of the way is on file with the Registry of Deeds or, in the absence of such a plan, from a line 25 feet from and parallel with the center line of the traveled way.
(3)
Side yard minimum setback requirement shall be 50 feet when a lot is adjacent to a Single Residential SRA, SRB, SRC or SRD District or Agricultural Residential District except for accessory structures with a footprint less than or equal to 120 square feet and a height less than 15 feet which shall have a minimum side and rear setback of 10 feet.
(4)
Rear yard minimum setback requirement shall be 50 feet when a lot is adjacent to a Single Residential SRA, SRB, SRC or SRD District or Agricultural Residential District except for accessory structures with a footprint less than or equal to 120 square feet and a height less than 15 feet which shall have a minimum side and rear setback of 10 feet.
(5)
No open display or other open use, where permitted, and no structure shall be located nearer than 30 feet to the exterior line of any public or private way, except the following: utility pole; mailbox; plants growing in the soil if not obstructing the view of vehicles entering and leaving the premises; and parking lot for vehicles.
(6)
In all General Business Districts and Commercial & Industrial Districts, except as herein provided, no building shall be constructed on a lot having less area or having less frontage on a public or private way than the area and frontage, respectively, required for the least restricted Single Residential District adjacent thereto.
(7)
Except as noted herein, chimneys, spires, towers and other projections not used for living purposes, whether constituting separate structures or attached to buildings, may be constructed above the height limitations hereinbefore established, but no such structure or projection shall be constructed in any district to a height greater than 50 feet without authorization of the Zoning Board of Appeals. Exception: personal wireless service facilities (see § 300-6.2F).
(8)
Except for accessory structures with a footprint less than or equal to 120 square feet and a height less than 15 feet, which shall have a minimum side and rear setback of 10 feet.
(9)
For lots in the UCBD, the following dimensional flexibility may be allowed by special permit:
a. The minimum setbacks may be decreased down to the following limits: front linear feet: 0; side linear feet: 10; rear linear feet: 20.
b. The maximum building height may be increased up to the following limits: number of stories: 3.5; linear feet: 50.
c. The maximum percent coverage including accessory building may be increased up to a limit of 80%.
d. The special permit granting authority (SPGA) for the above shall be the Zoning Board of Appeals except when the lot principal use requires a special permit of the Planning Board, in which case the SPGA for the above shall be the Planning Board.
A. 
Building heights. In all districts the height of buildings shall be measured vertically from the average finished grade of the ground adjoining such building to the highest point of the roof for flat roofs, to the deckline for mansard roofs, and to the average height between eaves and ridge for gable, hip, and gambrel roofs.
B. 
Frontage. In all districts, the required frontage shall be measured in accordance with the definition of frontage described in § 300-10.1 of the Code of the Town of Upton.
[Amended 11-1-2022 STM by Art. 12]
C. 
Lot width. The required lot width shall be measured parallel to the line along which the required frontage is to be measured, as hereinbefore specified.
A. 
Lot size exceptions. In the Single Residential SRA, SRB, SRC and SRD Districts and Agricultural Residential Districts, a single-family detached house may be constructed on a lot having less than the required lot area, frontage and width, provided that all other requirements of this bylaw are complied with and provided that at least one of the following three conditions is met:
(1) 
Said lot was laid out by deed or conveyance or shown on a duly recorded plan prior to the effective date of this bylaw (October 1, 1958) and provided further that:
(a) 
Said lot conformed with the lot size provisions applicable to the construction of a dwelling on said lot within the restrictions set forth in the Zoning Bylaw of the Town immediately prior to the effective date of this bylaw (October 1, 1958); and
(b) 
Said lot, on the effective date of this bylaw (October 1, 1958), did not adjoin other land of the same owner available for use in connection with said lot.
(2) 
Said lot was shown on a final or definitive subdivision plan duly approved by the Upton Planning Board prior to the effective date of this bylaw (October 1, 1958).
B. 
Frontage reduction. A residential lot with a reduced frontage requirement may be permitted in accordance with § 300-7.5 of this Zoning Bylaw.