Town of Sterling, MA Use, Dimensional and Timing Regulations

§ 301-2.1 Districts.

§ 301-2.1.1.

Establishment.

For the purposes of this bylaw, the Town of Sterling is hereby divided into the following districts:

Rural Residence (RR)

Neighborhood Residence (NR)

Commercial (C)

Town Center (TC)

Light Industrial (LI)

Performance Zone 1

The boundaries of these districts are defined and set forth on the map entitled, Zoning Map of the Town of Sterling, Massachusetts (revised August 3, 1995), as may be subsequently amended by vote of Town Meeting. This map is on file with the Town Clerk. The Zoning Map, with all explanatory matter thereon, is hereby made a part of this bylaw.

The following overlay districts are also hereby created, the boundaries of which are set in the relevant sections of the bylaw.

[Amended 6-14-2021 ATM by Art. 45, approved 12-10-2021]

Floodplain District

Stillwater River Protection District

Groundwater Protection District

§ 301-2.1.2.

Boundary definition. Except when labeled to the contrary, boundaries or dimension lines shown approximately following or terminating at street, railroad, or utility easement center or layout lines, boundary or lot lines at water body shoreline or the channel of a stream, shall be construed to be actually at those lines; when shown approximately parallel, perpendicular, or at an angle to such lines shall be actually parallel, perpendicular, or at an angle thereto. When not located in any other way, boundaries shall be determined by scale from the map.

§ 301-2.1.3.

Split lots. When a lot is situated in more than one district, the uses permitted in the less restricted district may be extended into the more restricted district for a distance of 30 feet.

§ 301-2.2 Use regulations.

§ 301-2.2.1.

General.

No structure shall be erected or used or land used except as set forth in § 301-2.3, Use regulations, unless exempted by this bylaw or by statute. Uses not expressly provided for herein are prohibited.

Symbols employed below shall mean the following:

[Amended 6-14-2021 ATM by Art. 33, approved 12-10-2021]

Y -	A permitted use
N -	An excluded or prohibited use
SP -	A use authorized under special permit from the Board of Appeals as provided under § 301-6.3

§ 301-2.2.2.

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.

§ 301-2.2.3.

Accessory buildings and uses. Allowed accessory uses are limited to (a) uses customarily accessory and incidental to permitted principal uses, and (b) uses that are permitted as principal uses within the zoning district and that are clearly subordinate and incidental to the principal use on the lot. Accessory uses are permitted only in accordance with lawfully existing principal uses; provided, however, that uses accessory to principal uses which are nonresidential in nature shall be permitted only upon the issuance of a special permit by the Planning Board. An accessory use may not, in effect, convert a principal use to a use not permitted in the zoning district in which it is located. Where a principal use is permitted under special permit, its accessory use is also subject to the special permit. 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 § 301-6.4, such addition such also require site plan review and approval.

§ 301-2.2.4.

Nonconforming uses and structures.

Applicability. This Zoning Bylaw 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 Zoning Bylaw, 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.

Nonconforming uses. The Board of Appeals may award a special permit 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 Board of Appeals:

Change or substantial extension of the use;

Change from one nonconforming use to another, less detrimental, nonconforming use.

Nonconforming structures. The Board of Appeals may award a special permit 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 Board of Appeals:

Reconstructed, extended or structurally changed;

Altered to provide for a substantially different purpose or for the same purpose in a substantially different manner or to a substantially greater extent;

Reconstructed after a catastrophe, provided that the owner shall apply for a building permit and start operations for reconstruction on said premises within 18 months after such catastrophe, and provided that the building(s) as reconstructed shall be only as great in volume or area as the original nonconforming structure.

The reconstruction, extension or structural change of a nonconforming structure other than a single- or two-family residence in such a manner as to increase an existing nonconformity, or create a new con-conformity, 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 Board of Appeals.

Nonconforming single- and two-family residential structures. A proposed modification (including reconstruction, extension, alteration or change) to a nonconforming single- or two-family residential structure shall first require a determination by the Building Inspector as to whether the modification would increase the nonconforming nature of said structure. If the Building Inspector determines that proposed modification would not increase the nonconforming nature of the structure, the modification shall require the issuance of a building permit, if applicable. If the Building Inspector determines that the proposed modification would increase the nonconforming nature of the structure, the Board of Appeals may award a special permit for such modification only if it determines that the proposed modification will not be substantially more detrimental than the existing nonconforming structure to the neighborhood.

Abandonment or non-use. 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 Zoning Bylaw.

Reversion to nonconformity. No nonconforming use shall, if changed to a conforming use, revert back to a nonconforming use.

§ 301-2.3 Use regulations.

§ 301-2.3.1.

Table of Principal Uses.

[Amended 6-14-2021 ATM by Art. 38, approved 12-10-2021; 6-14-2021 ATM by Art. 40, approved 12-10-2021; 6-14-2021 ATM by Art. 41, approved 12-10-2021; 6-14-2021 ATM by Art. 48, approved 12-10-2021]

Principal Uses		Districts
		RR	NR	C	TC	LI
A.	Residential Uses
1.	Single-family dwelling	Y	Y	Y	SP	N
2.	Two-family dwelling	Y	Y	Y	SP	N
3.	Multifamily dwelling	SP	SP	N	SP	N
4.	Boarding or lodging house	SP	SP	N	N	N
5.	Group residence	SP	SP	SP	SP	N
6.	Assisted elderly housing	SP	SP	SP	SP	N
7.	Mixed use building with residential dwelling unit(s)	N	N	SP	Y	N
B.	Exempt Uses and Community Facilities
1.	Use of land or structures for religious purposes	Y	Y	Y	Y	Y
2.	Use of land or structures for educational purposes of land owned or leased by the commonwealth or any of its agencies, subdivisions or bodies politic or by a religious sect or denomination, or by a nonprofit educational corporation	Y	Y	Y	Y	Y
3.	Family child-care home, large family child-care home	Y	Y	Y	Y	Y
4.	Child-care facility	Y	Y	Y	Y	Y
5.	Municipal facility	SP	SP	Y	Y	Y
6.	Use of land for the primary purpose of agriculture, horticulture, floriculture, or viticulture on a parcel of more than five acres in area	Y	Y	Y	Y	Y
7.	Facilities for the sale of produce, and wine and dairy products, provided that during the months of June, July, August and September of every year, or during the harvest season of the primary crop raised on the land of the owner or lessee, the majority of such products for sale based on either gross sales dollars or volume, have been produced by the owner of the land and that such land on which the facility is located contains more than five acres in area	Y	Y	Y	Y	Y
8.	Cemeteries	SP	SP	N	N	N
9.	Nonprofit social or recreational club, lodge, sportsman's club or camp	SP	N	N	SP	N
10.	Airport, airpark or heliport, whether public, private or accessory to dwelling	SP	N	N	N	SP
11.	Essential services	SP	SP	SP	SP	SP
C.	Commercial Uses
1.	Nonexempt agricultural use, except fur farms and piggeries	Y	Y	Y	Y	Y
2.	Nonexempt farm stand	Y	SP	Y	Y	Y
3.	Nonexempt greenhouse	SP	SP	Y	Y	Y
4.	Nonexempt educational use	N	N	SP	SP	SP
5.	Motel, hotel, inn	SP	N	Y	SP	N
6.	Convalescent or nursing home	SP	SP	N	SP	N
7.	Hospital or sanitarium	SP	SP	SP	SP	N
8.	Commercial recreation or sports facility	SP	N	Y	N	Y
9.	Commercial automobile parking facility	N	N	Y	SP	N
10.	Commercial kennel, animal hospital, veterinarian's office	SP	N	SP	SP	N
11.	Major commercial project	N	N	SP	SP	SP
12.	Restaurant, service of food and/or alcoholic beverages	N	N	Y	Y	Y
13.	Restaurant, drive-in	N	N	SP	N	SP
14.	Restaurant, fast-food	N	N	SP	SP	SP
15.	Retail sales, including antique shops	N	N	Y	Y	SP
16.	Service, repair, or trade shop	N	N	Y	Y	Y
17.	Business or professional office	N	N	Y	Y	Y
18.	Bank or financial institution	N	N	Y	Y	N
19.	Sale, lease and manufacture of firearms and/or ammunition	SP	SP	SP	SP	SP
20.	Open air display area; outdoor retail sales	N	N	SP	SP	SP
21.	Motor vehicle service station	N	N	SP	SP	SP
22.	Motor vehicle repair or body shop	N	N	SP	N	Y
23.	Sale or rental of new or used cars and trailers in open lot	N	N	SP	N	SP
24.	Indoor sale or rental of new or used cars and trailers	N	N	Y	SP	N
25.	Bed-and-breakfast	SP	SP	SP	SP	N
26.	Drive-in or freestanding ATM	N	N	SP	SP	SP
27.	Place of amusement	N	N	SP	SP	SP
28.	Adult use	N	N	N	N	SP
29.	Marijuana establishments	N	N	N	N	N²
D.	Industrial, Wholesale or Extensive Uses
1.	Bus or railroad station	N	N	Y	Y	Y
2.	Rail or motor freight terminal; bus storage yard	N	N	SP	N	Y
3.	Mobile home park	N	N	N	N	N
4.	Wholesale, warehouse, or distribution facility	N	N	SP	N	Y
5.	Open lot storage of building materials, contractor's equipment and similar materials	N	N	SP	N	Y
6.	Storage of coke, coal, sand or other minerals, whether indoors or not	N	N	N	N	Y
7.	Quarrying or mining¹	N	N	N	N	Y
8.	Manufacturing, assembly, processing, packaging or other industrial operation with or without retail and/or showroom component	N	N	SP	N	Y
9.	Junkyard or automobile graveyard	N	N	N	N	N

NOTES:
¹	See the Earth Removal Bylaw in the General Bylaws.
²	Cultivation and product manufacturing by a duly licensed marijuana cultivator and product manufacturer shall be permitted as of right within the Light Industrial Zoning District only by existing licensed medical marijuana cultivation and product manufacturers operating within the Town prior to January 1, 2019.

§ 301-2.3.2.

Radioactive waste disposal. No land within any use district in the Town of Sterling may be used for the collection, treatment, storage, burial, incineration, or disposal of radioactive waste, including but not limited to wastes classified as low-level radioactive waste.

§ 301-2.3.3.

Construction trailers. Temporary trailers, used as work offices and/or storage facilities in connection with construction work on the same site, may be allowed by the Select Board in any district through the issuance of a renewable ninety-day permit. Such facilities shall not be used for human habitation.

§ 301-2.3.4.

Adult uses. Adult uses shall be allowed only by a special permit and only in the Light Industrial (LI) District. No adult use shall be located less than 750 feet from the boundary of a Rural Residence (RR) or Neighborhood Residence (NR) District.

§ 301-2.3.5.

Accessory dwelling unit use.

[Amended 6-14-2021 ATM by Art. 38, approved 12-10-2021]

Accessory dwelling units (ADUs) offer the potential for assisting homeowners to produce additional income to offset rising property taxes, maintenance and repair costs, and other housing expenses that are often a burden for some homeowners. ADUs also add tax revenue to the community based on the increase in square footage of living space. Adding moderately priced rental units to the housing stock to meet the needs of smaller households and making housing units available to moderate-income households who might otherwise have difficulty finding housing is critical in providing affordable housing to all income ranges.

One ADU is permitted on each lot in single-family dwelling use in Rural Residence and Farming, Neighborhood Residence, Commercial, and Town Center Districts in the Town subject to this § 301-2.3.5. ADUs are prohibited in the Light Industrial District.

Use by right or by special permit.

(1)

By right: within a single-family dwelling, including an attached garage.

(2)

By special permit from the Board of Appeals: as or within a detached accessory structure.

ADU requirements. Each ADU is subject to and shall comply with the following:

(1)

The owner of the lot shall reside in either the single-family dwelling or ADU.

(2)

The ADU shall have a separate entrance from that used by the single-family dwelling.

(3)

The ADU shall contain separate sanitary, sleeping and cooking facilities.

(4)

Prior to the issuance of a building permit or special permit for an ADU, the applicant shall provide written proof from the Board of Health (or its qualified agent) that there is an adequate supply of drinking water (Town water or private well) and adequate provision for sewage disposal (private septic system).

(5)

For a by-right ADU, the outside appearance of the single-family dwelling is and remains that of a single-family dwelling.

(6)

The ADU shall have heat that is adequately supplied and controlled by a thermostat located within the ADU.

(7)

The ADU floor area shall not exceed 800 square feet of living area, unless the lot owner complies with the provisions of § 301-2.3.5, Subsection 2d, Affordability restrictions, for inclusion of the ADU on the Town's Subsidized Housing Inventory, in which case the floor area of the ADU may be up to 50% of the gross floor area of the single-family dwelling or 1,200 square feet, whichever is smaller.

(8)

All turnaround and parking areas shall be provided on the lot.

(9)

All dimensional controls set forth in § 301-2.5 for a single-family use shall be met.

(10)

Daily, weekly or short-term rentals less than 30 days are prohibited.

(11)

On a nonconforming lot that is nonconforming for lack of required lot area, an ADU is allowed following all of the requirements of this section and § 301-2.2.4 of these bylaws, as long as the lot is greater than 20,000 square feet.

(12)

Any new ADU shall conform to all adopted state and Town laws, bylaws, codes, and regulations. No ADU shall be occupied until a certificate of occupancy has been issued by the Building Commissioner where required.

New construction. An ADU may be constructed as part of the original construction on a lot intended for single-family dwelling use subject to the requirements of this § 301-2.3.5.

Affordability restrictions. In order for an ADU to count towards the Town's Subsidized Housing Inventory maintained by the Massachusetts Department of Housing and Community Development (DHCD), the lot owner and the Town shall submit a local action unit application under the Local Initiative Program to DHCD. The lot owner and the Town shall do all things necessary to cause the ADU to be counted on the Town's Subsidized Housing Inventory (SHI). DHCD approval is required prior to the issuance of a building permit for an ADU exceeding 800 square feet of living area if affordability restrictions are being proposed.

§ 301-2.4 Application of dimensional requirements.

§ 301-2.4.1.

Residence in commercial districts. A residential use located in a commercial district shall conform to the dimensional requirements of the nearest residential district.

§ 301-2.4.2.

Single-family or two-family dwellings on nonconforming lots. In any district except a light industrial district, a single-family or two-family dwelling may be erected on a nonconforming lot in accordance with the provisions of MGL c. 40A, § 6, paragraph 4, which states, in pertinent part:

"[a]ny increase in area, frontage, width, yard, or depth requirements of a zoning ordinance or by-law shall not apply to a lot for single- and two-family residential use which at the time of recording or endorsement, whichever occurs sooner was not held in common ownership with any adjoining land, conformed to then existing requirements and had less than the proposed requirement but at least 5,000 square feet of area and 50 feet of frontage. Any increase in area, frontage, width, yard or depth requirement of a zoning ordinance or by-law shall not apply for a period of five years from its effective date . . . to a lot for single- and two-family residential use, provided the plan for such lot was recorded or endorsed and such lot was held in common ownership with any adjoining land and conformed to then existing requirements as of January 1st, 1976, and had less area, frontage, width, yard or depth requirements than the newly effective zoning requirements but contained at least 7,500 square feet of area and 75 feet of frontage, and provided. . .further that the provisions of this sentence shall not apply to more than three of such adjoining lots held in common ownership."

§ 301-2.4.3.

Change in lot configuration. No lot on which a building is located shall be reduced or changed in shape so that the building or lot fails to comply with the minimum lot area, lot width, minimum yard requirements, or other provisions of the bylaw applicable to the lot or building.

§ 301-2.4.4.

Multiple buildings or uses on a lot. Multiple principal uses or buildings on the same lot each must meet the dimensional requirements of § 301-2.5 without counting any area, frontage or yard twice. Not more than one principal building shall be erected on a lot unless each such building is served by access and services determined by the Building Inspector to be functionally equivalent to those required for separate lots by the Planning Board in its Subdivision Regulations.

§ 301-2.4.5.

Display setback. In all districts, open display of goods or products, gasoline pumps, vending machines or any such presentment shall be located not less than 20 feet from any front lot line.

[Amended 6-14-2021 ATM by Art. 30, approved 12-10-2021]

§ 301-2.4.6.

Multifamily lot area. For multifamily dwellings, see § 301-4.2.

§ 301-2.5 Table of Dimensional Controls.

§ 301-2.5.1.

Single-family and nonresidential buildings.

[Amended 6-14-2021 ATM by Art. 32, approved 12-10-2021]

Zoning District	Minimum Lot Size	Minimum Lot Frontage	Front Yard	Each Side	Rear Yard	Floor Area Ratio	Minimum Lot Width
Rural Residence & Farming	2.00 acres	225 feet	40 feet	25 feet	40 feet	—	100 feet
Neighborhood Residence	0.50 acre	125 feet	40 feet	20 feet	25 feet	—	50 feet
Commercial¹	—	—	40 feet	20 feet	25 feet	0.5	—
Town Center	—	—	0 feet²	5 feet²	5 feet²	—	—
Light Industrial	—	—	40 feet	35 feet	40 feet	0.4	—

NOTES:
¹	See § 301-2.4.1.
²	In the Town Center Zoning District, the maximum front yard setback for nonresidential and mixed-use building with residential dwelling unit(s) (mixed-use defined as both nonresidential and residential uses in a structure) is five feet and for residential uses only is 15 feet unless a special permit by the ZBA is granted for a greater front yard setback.

§ 301-2.5.2.

Two-family residence.

Zoning District	Minimum Lot Size	Minimum Lot Frontage	Front Yard	Each Side	Rear Yard	Minimum Lot Width
Rural Residence & Farming	2.5 acres	270 feet	40 feet	25 feet	40 feet	150 feet
Neighborhood Residence	1.00 acre	185 feet	40 feet	25 feet	25 feet	100 feet

§ 301-2.5.3.

Building height. The height of a building, other than a church, above average grade at the building site, shall be less than 36 feet. For the purpose of this provision, chimneys, ventilators, antennas, spires and similar unoccupied projections above the roof are not included in building height.

§ 301-2.5.4.

Freestanding uninhabited buildings (up to 500 square feet); open decks (up to 300 square feet); pools.

[Amended 6-14-2021 ATM by Art. 35, approved 12-10-2021]

Zoning District	Side	Rear
Single Family
Rural Residence & Farming	10 feet	10 feet
Neighborhood Residence	10 feet	10 feet
Two Family
Rural Residence & Farming	10 feet	10 feet
Neighborhood Residence	10 feet	10 feet

The Building Inspector may issue a building permit for any structural change to lawfully preexisting residential dwellings provided the change complies with height and set back requirements of the Zoning Bylaw. The Building Inspector may issue a building permit for any lawfully accessory residential structure providing said structure complies with height and setback requirements of the Zoning Bylaw.

In the Town Center Zoning District, freestanding uninhabited buildings, regardless of square footage, shall be set a minimum of five feet from the side yard and rear yard lot lines. No freestanding uninhabited building shall be located between the principal inhabited building or principal structure and the front lot line.