Town of Sherborn, MA Use Regulations

[Headings added 1988; amended 1990; 2007; 2014; 2017; 2018; 2019]

Single-family home - this use is allowed in all districts.

Single-family detached dwelling containing one housekeeping unit only, together with accessory buildings not containing a housekeeping unit, including a garage for not more than three automobiles. The number of such dwellings with such accessory buildings on any one lot shall not exceed the number which can be located thereon in conformity to § 240-4.2.

(2)

Apartment - this use is permissive in all districts.

(a)

Single-family detached dwelling, together with accessory buildings, containing in the dwelling or in an accessory building one additional housekeeping unit provided:

The owner(s) of the premises shall live in either such unit or the primary dwelling unit;

The special permit granting authority shall be satisfied that, upon the termination or expiration of the special permit, the facilities of such unit can readily be removed or, alternatively, reintegrated with the dwelling to produce an allowed use of the property under Article III;

The gross floor area of such unit shall not exceed 1,200 square feet;

Any special permit granted shall specify that the external character of the premises shall be that of a single-family residence;

The installation of such unit and any use thereof shall be permitted only upon the issuance of a special permit by the special permit granting authority in compliance with the procedures set forth in Article VI;

The applicant for a special permit for such unit shall file with the special permit granting authority such plans, specifications and other instruments concerning the proposed unit and the subsequent use thereof as the special permit granting authority may reasonably require by general rule or by request to the applicant;

No special permit for a unit shall be issued for a period of more than four years but may be renewable for like periods thereafter in accordance with the procedures set forth in Article VI.

Such unit may not be rented or licensed for occupancy for terms of less than 30 days, whether through Airbnb or similar service or directly by or on behalf of the owner. The intent of this article is to increase the diversity of housing stock in the Town that is available for people who want to reside in Sherborn.

(3)

Renting rooms - this use is allowed in all districts.

The renting of rooms or the furnishing of table board to not more than four persons not related by blood or marriage residing on the premises. This does not include transients or tourists.

[Amended 1973]

(4)

Home occupation - this use is allowed in all districts.

Home occupation or exempted professional usage as defined in § 240-1.5 conducted in a dwelling or building accessory thereto by a person residing on the premises, provided that:

(a)

Such use is clearly incidental and secondary to the use of the premises for residential purposes;

(b)

No person other than a resident of the premises is employed thereon in connection with such use, and no more than one member of the public is served at one time;

(c)

No offensive noise, vibration, smoke, dust, fumes, odors, heat, glare or unsightliness is produced;

(d)

There is no exterior storage of material or equipment, including the parking of commercial vehicles, and no other exterior indication of such use or variation from the residential character of the premises.

(5)

Professional occupation - this use is permissive in all districts.

Professional occupation, trade or craft customarily conducted in a dwelling or building accessory thereto by a person residing on the premises, provided that:

(a)

Such is clearly incidental and secondary to the use of the premises for residential purposes;

(b)

One person other than a resident of the premises may be employed thereon in connection with such use and no more than one member of the public is served at one time, except as otherwise permitted by the Board of Appeals;

[Amended 1997]

(c)

No offensive noise, vibration, smoke, dust, fumes, odors, heat, glare or unsightliness is produced;

(d)

There is no public display of goods or wares and there are no signs except as permitted in § 240-5.2;

(e)

There is no exterior storage of material or equipment, including the parking of commercial vehicles and no other exterior indication of such use or variation from the residential character of the premises.

[Amended 1973]

(6)

Produce farm - this use is allowed in all districts.

Farm as defined in § 240-1.5 but only for production, whether or not for sale, of maple products, honey, fruits, vegetables, hay, fodder, ensilage, and forest products. Roadside stands are regulated under Use No. 9.

(7)

Farm, nonprofit - this use is allowed in all districts.

Farm for the raising and keeping of animals and poultry for use of residents of the property and not for profit.

[Added 1973; amended 4-25-2023 ATM by Art. 23]

(8)

Farm, for-profit - this use is allowed in all districts.

Farm as defined in § 240-1.5 but only for the production of dairy products, cattle, sheep, goats and poultry or eggs for profit or other than for the use of the occupants of the premises.

[Added 1973]

(9)

Roadside stand - this use is permissive in all districts except that this use is allowed if it satisfies all the requirements for the so-called agricultural exemption in MGL c. 40A, § 3.

Roadside stand for sale of local farm product provided that at least 50% by dollar volume is raised within the Town; such stand must be set back at least 50 feet from the center line of the street pavement.

[Added 1973]

(10)

Greenhouse - this use is permissive in all districts.

Commercial greenhouse or nursery.

(11)

Commercial stable - this use is permissive in all districts.

Unless otherwise permitted pursuant to § 240-3.4, commercial stabling of more than four horses, whether for (1) the conduct of a riding academy to provide instruction in horsemanship on, or off the premises under the direct supervision of an instructor, (2) boarding horses belonging to persons other than the owner of the premises, whether ridden on or off the premises, (3) boarding horses belonging to the owner or persons other than the owner and used for hire, or (4) the breeding, raising and training of horses for sale, provided that:

[Amended 1989]

(a)

The permit shall indicate which of the above mentioned uses is covered;

(b)

The permit shall indicate the number of horses which may be stabled on the premises at any time;

(c)

The permit shall be limited to a maximum of two years, but may be renewed for like periods, subject to application and hearing as in the case of the original permit;

[Amended 1985]

(d)

There shall be no sale of tack or other supplies;

(e)

A permit issued hereunder shall not relieve the owner from the necessity of obtaining a license from the Select Board under MGL c. 111, § 158 (so long as the Town has fewer than 5,000 inhabitants) or from the Board of Health under MGL c. 111, § 155 (if the Town has more than 5,000 inhabitants), shall not limit the powers of the Board of Health under MGL c. 111, § 31, or other applicable statutes or regulations, and shall not affect the power of the Department of Agriculture under MGL c. 128, §§ 2A and 2B.

[Amended 1973; 4-25-2023 ATM by Art. 23]

(11A)

Commercial stable - four or fewer horses - this use is allowed in all districts.

Commercial stabling of four or fewer horses, provided there is no sale of tack or other supplies.

[Added 1989]

(12)

Religious - this use is allowed in all districts.

Church or other religious purpose.

(13)

Educational - this use is allowed in all districts.

Educational purpose on 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.

[Amended 1973; 1978]

(14)

Private school - this use is permissive in all districts.

Day care center, private elementary or secondary school, charitable or philanthropic institution, but not a hospital, rest home or sanitarium (except as permitted by Subsection 13 above).

[Amended 1973; 1978]

(15)

Club, nonprofit - this use is permissive in all districts.

Any public or private social, recreational or athletic club not conducted for profit and not containing sleeping quarters except for caretaker purposes. Miniature golf is prohibited.

[Amended 1973; 4-25-2023 ATM by Art. 23]

(16)

Club, for-profit - this use is prohibited in all districts.

Any public or private social, recreational or athletic club conducted for profit and not containing sleeping quarters except for caretaker purposes. Miniature golf is prohibited.

[Amended 1973; 4-25-2023 ATM by Art. 23]

(17)

Office - this use is prohibited in all Residence A, B and C Districts, permissive in all others, provided that in the EA Zone, Town Meeting preliminary development plan approval has been granted.

Offices for business or professional use.

[Amended 1983; 2013]

(18)

Restaurant - This use is permissive in Business G District, prohibited in all others.

Restaurant or other place for serving food in premises designed for the service and consumption of food and beverages inside a building or on an adjoining patio; subject to the limitations as to hours, manner, and location of such outdoor service and consumption of any license issued by the Select Board pursuant to Chapter 140 of the General Laws.

[Amended 1988; 2015; 2018]

(19)

Retail - this use is permissive in Business G District and in EA Districts for which Town Meeting preliminary development plan approval has been granted, prohibited in all others.

Bank or other financial institution, retail store or service establishment, the activities of which are the offering within the building of goods or services at retail for use within the building or off the premises.

[Amended 1983; 2013]

(20)

Craft shop - this use is prohibited in residence districts, permissive in all others.

Shop for crafts such as silversmithing ceramics, woodworking, making or repairing lampshades, jewelry, or other similar handwork, or shop for the sale of antiques, works of art or craft material made on the premises, provided that no more than three persons are employed on the premises at any one time.

[Amended 1983; 4-25-2023 ATM by Art. 23]

(21)

Over three cars - this use is permissive in all districts.

Garage space for more than three automobiles.

(22)

Service station - this use is permissive in Business G District, prohibited in all others.

Gasoline service station or automotive repair garage, provided that repairs shall be performed only indoors and that gasoline pumps and equipment shall be so located that vehicles to be serviced are entirely upon the premises and provided further that all activities are conducted in compliance with a site management plan prepared by the owner or operator of the site and approved by the Sherborn Board of Health.

[Amended 1973; 1992]

(23)

Repair shop - this use is prohibited in residential districts, permissive in all others.

Repair shop for appliances and other light equipment, provided that no more than three persons are employed on the premises at any one time.

[Amended 1973]

(24)

Public utility - this use is permissive in all districts.

Use of land for a public utility.

[Amended 1973]

(25)

Prohibitions - these uses are prohibited in all districts.

In any district no use will be permitted that fails to comply with the basic requirements of § 240-1.3.

[Amended 1987]

(26)

Multidwellings - This use is permissive in Residence EA Districts, prohibited in all other districts.

Multidwelling buildings must conform in all respects with the purposes and requirements set forth in § 240-5.6 or 240-5.7.

[Added 1970; amended 1991; 4-25-2023 ATM by Art. 23]

(27)

Low- or moderate-income apartment - this use is permissive in all districts.

[Amended 4-25-2023 ATM by Art. 23]

(a)

Single-family detached dwelling, together with accessory buildings, containing in the dwelling or in an existing accessory building one additional housekeeping unit, or a building designed or used for any nonresidential purpose containing one additional housekeeping unit physically separated within the building from the nonresidential use, provided as follows:

(b)

Such unit shall meet the criteria for "Local Initiative Project" as defined in 760 CMR 56.00 (as the same may be amended from time to time), including the following:

The unit is to be "Low or Moderate Income Unit" as defined in 760 CMR 56.02 (as the same may be amended from time to time);

The unit is not developed with, or is not proposed to be developed with, a comprehensive permit within the meaning of MGL c. 40B, §§ 20 to 23;

The unit is subject to use restrictions which, as a result of the special permit provided by this Subsection (27) permitting such unit, are a condition for the installation of such housekeeping unit (whether such installation results from new construction of the housekeeping unit, building conversion, adaptive reuse to permit use of an existing housekeeping unit, or substantial rehabilitation of the building for this purpose). Use restrictions means a contract, deed restriction, condition of the special permit provided by this Subsection (27), or other legal instrument as may be required by the special permit granting authority and as may be approved by the Office of Community Affairs within the Executive Office of Housing and Community and Development (which agency has been established pursuant to Chapters 23B and 6A of the General Laws of the Commonwealth), which use restriction restricts occupancy of "Low and Moderate Income Units" to persons with qualified incomes for a determinate period of time.

The initial period of such use restrictions is as long as the unit is operated as an apartment, but in no event less than five years; and

The owner(s) of the units agree to be subject to equal housing opportunity guidelines established by the Department of Community Affairs.

(c)

(d)

The gross floor area of such unit shall not exceed the lesser of 1,200 square feet or 30% of the gross floor area of the dwelling (including any addition thereto for such unit).

(e)

(f)

The special permit described in this Subsection (27) may be issued for the duration of such occupancy; provided, however, that the permit shall automatically expire on the second year anniversary of its issuance unless the period is extended for one or more additional two year periods upon the filing by the owner(s) of a sworn affidavit with the Town Clerk, with a copy to the Zoning Board of Appeals, certifying occupancy consistent with the special permit and this Subsection (27) of the bylaw.

(g)

The Inspector of Buildings may, in addition to other remedies, order removal of the separate kitchen facilities, equipment, fixtures, interior alterations, any separate metering of utilities, and any structural changes, or any or all of them, that were installed to create such unit, if the lawful use of such unit has expired or been terminated.

(h)

The applicant for a special permit for such unit shall file with the special permit granting authority such plans, specifications and other instruments concerning the proposed unit and the subsequent use therefor as the special permit granting authority may reasonably require by general rule or by request to the applicant.

(i)

After issuance of any special permit pursuant to this Subsection (27), the Select Board shall make application to the Department of Community Affairs for certification that the unit so permitted is a "Local Initiative Project" to count towards the Town's statutory obligations under Chapter 40B of the General Laws of the Commonwealth, all in accordance with the application procedures set forth in 760 CMR 56.00.

[Added 1991]

(28)

Off-site septic systems - this use is permissive in Residence EA District, prohibited in all others.

The use of land for septic systems or leaching fields for municipally owned buildings located beyond the boundaries of the lot or of the district.

[Added 1991]

(29)

The storage or parking of automobiles accessory to a business use, whether or not on the same lot as such business use, shall be subject to the granting of a special permit by the Planning Board, which may impose conditions on such use in addition to those required by § 240-5.1C and E of this bylaw.

[Amended 1996]

(30)

Drive-through window - this use is permissive in the Business General District.

Any window, opening, chute, or other mechanism that is part of a building designed for the service of food or beverages for consumption off the premises, or the provision of any other goods or services, to retail customers while they remain in their motorized vehicle.

[Added 1997]

(31)

Municipal use - this use is allowed in all districts.

Any building, structure or parcel owned and/or operated by the Town and used for administration, public safety, recreation, health and welfare, or for any other public purpose or service provided by the Town. Any new municipal structure or building in any district shall be reviewed and approved in accordance with § 240-5.3A.

[Added 1998]

(31A)

Accessory municipal use - this use is permissive in all districts.

The use of municipal property for private services through a lease, license or other contractual arrangement provided that:

[Added 2007]

(a)

Such use is clearly incidental and secondary to the use of the property for municipal purposes;

(b)

Such use occupies a maximum of 250 square feet;

(c)

The use provides a service that is necessary or convenient for Sherborn residents;

(d)

No offensive noise, vibration, smoke, dust, fumes, odors, heat, glare or unsightliness is produced;

(e)

There is no exterior storage of material or equipment, including the parking of commercial vehicles;

(f)

Such use in any district shall be reviewed and approved in accordance with § 240-5.3A.

(32)

Assisted living facility - this use is permissive in the Business G District and in EA Districts for which Town Meeting preliminary development plan approval has been granted, prohibited in all others.

A residential facility which provides a combination of housing and personal care services for persons 55 years of age or older, but not providing the level of care of a skilled nursing facility.

[Added 1998; amended 2013]

(33)

Registered marijuana treatment center- this use is permissive in the B-G District, prohibited in all others. A facility licensed under 935 CMR 501.030 that also meets the requirements of § 240-4.7.

[Added 2017; amended 4-25-2023 ATM by Art. 23]

(34)

Outdoor entertainment.

Outdoor entertainment in the Business General District is subject to the granting of a special permit for a maximum of two years by the ZBA, which may impose conditions in addition to the following:

[Added 2015; amended 2018]

(a)

Sound emitted from the event must cease promptly at 10:30 p.m. on Fridays and Saturdays and 9:00 p.m. Sunday. Sundays before a Monday holiday shall follow the Saturday rules. Exceptions may be granted by the ZBA for weekdays during May through October as part of the special permit.

[Amended 4-25-2023 ATM by Art. 23]

(b)

The measurement of sound or noise shall be made with a sound-level meter meeting the standards prescribed by ANSI S1.4 - 1971 Type 1 or Type 2. The instrument shall be maintained in calibration and good working order. A calibration check shall be made of the system at the time of any noise measurement. Measurements recorded shall be taken so as to provide a proper representation of the noise source. During measurement, the microphone shall be positioned so as not to create any unnatural enhancement or diminution of the measured noise. A windscreen for the microphone shall be used when required. Traffic, aircraft and other transportation noise sources and other background noises shall not be considered in taking measurements except where such background noise interferes with the primary noise being measured. The maximum acceptable sound level shall be 75 dBA as measured at the complainant location or that portion of the public way closest to the complainant.

(c)

The Zoning Board of Appeals shall adopt regulations specifying who provides the sound-level meter and the method of measurement, and may impose additional conditions on any special permit.

TABLE OF USE REGULATIONS¹ [Amended 2013; 2014; 2018]
Use²	District
Use²	RA	RB	RC	REA	BG	BP
1) Single-family home	A	A	A	A	A	A
2) Apartment	P	P	P	P	P	P
3) Renting rooms	A	A	A	A	A	A
4) Home occupation	A	A	A	A	A	A
5) Professional occupation	P	P	P	P	P	P
6) Produce farm	A	A	A	A	A	A
7) Farm, nonprofit	A	A	A	A	A	A
8) Farm, for-profit	A	A	A	A	A	A
9) Roadside stand	P	P	P	P	P	P
10) Greenhouse	P	P	P	P	P	P
11) Commercial stable	P	P	P	P	P	P
11A) Commercial stable (4 or fewer horses)	A	A	A	A	A	A
12) Religious	A	A	A	A	A	A
13) Educational	A	A	A	A	A	A
14) Private school	P	P	P	P	P	P
15) Club, nonprofit	P	P	P	P	P	P
16) Club, for-profit	X	X	X	X	X	X
17) Office	X	X	X	P*	P	P
18) Restaurant	X	X	X	X	P	X
19) Retail	X	X	X	P*	P	X
20) Craft shop	X	X	X	X	P	P
21) Over 3 cars (garage space)	P	P	P	P	P	P
22) Service station	X	X	X	X	P	X
23) Repair shop	X	X	X	X	P	P
24) Public utility	P	P	P	P	P	P
25) Prohibitions (per § 240-1.3)	X	X	X	X	X	X
26) Multidwellings	X	X	X	P	X	X
27) Low- or moderate-income apartment	P	P	P	P	P	P
28) Off-site septic systems	X	X	X	P	X	X
29) Accessory storage/parking of automobiles	P	P	P	P	NA	NA
30) Drive-through window	X	X	X	X	P	X
31) Municipal uses	A	A	A	A	A	A
31A) Accessory municipal use	P	P	P	P	P	P
32) Assisted living facility	X	X	X	P*	P	X
33) Registered marijuana treatment center	X	X	X	X	P	X
34) Outdoor entertainment	X	X	X	X	P	X

¹	This table is a summary of § 240-3.2, Schedule of Use Regulations, and is not intended to make any substantive change to the Zoning Bylaw.
²	See § 240-3.2, Schedule of Use Regulations, for definitions.

A	=	Allowed
P	=	Permissive
X	=	Prohibited
NA	=	Not applicable
P*	=	Provided Town Meeting preliminary development plan approval has been granted

Allowed	Use allowed by right.
Permissive	Use by special permit granted by the Board of Appeals, the Planning Board, or other permit granting authority as provided in this bylaw.
Prohibited	Use prohibited by this bylaw.