No land shall be used and no structure shall be erected or used except as set forth in the following Table of Principle Use Regulations (Section
181.313), including the notes to the schedule, or as otherwise set forth herein, or as exempted by General Laws. Any building or use of premises not herein expressly permitted is hereby prohibited. More than one principal use shall be allowed on any lot if the use is otherwise permitted in accordance with Section
181.313 (Table of Principle Use Regulations), except as otherwise may be provided herein.
Symbols employed in the Table of Principle Use Regulations shall
mean the following:
Y
|
A permitted use.
|
N
|
An excluded or prohibited use.
|
CC
|
A use authorized under special permit from the City Council as provided under Section 181.94.
|
PB
|
A use authorized under special permit from the Planning Board as provided under Section 181.94.
|
BA
|
A use authorized under special permit from the Board of Appeals as provided under Section 181.94.
|
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.
Accessory uses shall be permitted as follows in all districts
on the same lot with the principal use, subject to the following sections.
The following regulations govern accessory uses for lawful residential
uses in all districts, provided that such facilities are used only
for residents and their guests:
181.3211.
A. Private Garage. A private garage or carport for not more than four
motor vehicles per unit.
B. Greenhouse, toolshed, barn, patio, garden, swimming pool or tennis
court.
181.3212.
Accessory Dwelling Units.
A. Purpose. The purpose of this section is to:
(1)
Provide small additional dwelling units to rent without adding
to the number of buildings in the City or substantially altering the
appearance of the City;
(2)
Provide alternative housing options for elder residents; and
(3)
Enable owners of single-family dwellings larger than required
for their present needs, particularly elderly homeowners, to share
space and the burdens of home ownership.
B. Procedures.
(1)
Accessory apartments may be allowed by right in the RR and RA
Districts and by special permit from the Board of Appeals in the RB
District.
(2)
All accessory dwelling units shall comply with the provisions
of this section prior to the issuance of a certificate of occupancy
by the Building Commissioner.
(3)
Said certificate of occupancy may be revoked by the Building
Commissioner if it is determined the accessory dwelling unit no longer
complies with the provisions of this section and/or the conditions
of a special permit issued by the Board of Appeals.
(4)
Failure to discontinue the use of the accessory dwelling unit for which the occupancy permit has been revoked shall be considered a violation of this chapter and shall be subject to the provisions of Section
181.913.
(5)
Should said violation from the provisions of a special permit
issued by the Zoning Board of Appeals be corrected to comply with
the provisions of this section within 60 days from the date of the
revocation, the Building Commissioner may reinstate the occupancy
permit for the accessory dwelling unit subject to the provisions of
the special permit authorizing the accessory dwelling unit.
(6)
The Building Commissioner shall be authorized to renew or extend
duration limits, as placed by the Board of Appeals, on special permits
for accessory dwelling units.
C. Conditions.
(1)
A plot plan prepared by a registered land surveyor of the existing
dwelling unit and proposed accessory apartment shall be submitted
to the Building Commissioner or, as applicable the Board of Appeals,
showing the location of the building on the lot, proposed accessory
apartment, location of any septic system and required parking. A mortgage
inspection survey, properly adapted by a surveyor, shall be sufficient
to meet this requirement.
(2)
Certification by affidavit shall be provided that one of the
two dwelling units shall be occupied by the owner of the property,
except for bona fide temporary absence.
(3)
Not more than one accessory apartment may be established on
a lot. The accessory apartment shall not exceed 800 square feet in
habitable floor area and shall be located in the principal residential
structure on the premises.
(4)
The external appearance of the structure in which the accessory
apartment is to be located shall not be significantly altered from
the appearance of a single-family structure, in accordance with the
following:
(a)
Any addition to the existing structure to create an accessory
apartment shall not create more than a 15% increase in the gross floor
area of the existing structure.
(b)
Any stairways or access and egress alterations serving the accessory
apartment shall be enclosed, screened, or located so that visibility
from public ways is minimized.
(c)
Sufficient and appropriate space for at least one additional
parking space above the number required for the principal dwelling
and if it cannot be accommodated within the existing parking area
it shall be constructed by the owner to serve the accessory apartment.
Said parking space shall be constructed of materials consistent with
the existing driveway and shall have vehicular access to the driveway.
(5)
Decision. Special permits for an accessory apartment may be
issued by the Board of Appeals upon a finding that the construction
and occupancy
181.3216. Family Day Care. A child-care center of more
than six children may be authorized by a special permit from the Zoning
Board of Appeals.
181.3217.
Prohibited Residential Accessory Uses. The following accessory
uses are prohibited:
C. Motor vehicle repair or service.
The following regulations shall govern accessory uses for lawful
institutional uses in all districts.
181.3221.
Parking. Parking for employers, employees, customers and other users of the institution, pursuant to applicable requirements under Section
181.51.
181.3222.
Truck or Trailer Parking. Truck or trailer parking, cleaning
and washing, provided that the trucks or trailers are necessary for
the conduct of the use.
181.3223.
Employee Facility. Restaurant, cafeteria, recreational facility,
or similar facility for the convenience of, and use by, the employees
or users of the institution.
181.3224.
Gift Shop. Gift shop for use by the general public.
181.3225.
Medical Laboratory. A medical laboratory or facility for testing,
analytical, diagnostic evaluation, pharmaceutical or other health
care support services, equipment or procedures, whether or not owned
by or affiliated with a hospital.
181.3226.
Medical Offices. Medical offices of one or more providers of
medical, dental, surgical, mental health, rehabilitation or other
medical services or health care support services, equipment or procedures,
whether or not owned by or affiliated with a hospital.
181.3227.
Outpatient Clinic. Outpatient clinic for the provision of ambulatory
health care, licensed for the provision of such services by an appropriate
governmental authority if and to the extent required by applicable
law, including the sale, servicing or repair of medical devices and
equipment to the general public whether or not owned by or affiliated
with a hospital, outpatient clinic or nursing or convalescent home.
181.3228.
Pharmacy. A pharmacy for the sale of prescription and/or nonprescription
drugs, medications, and medical supplies.
Accessory uses permitted in the business districts shall be
as follows:
181.3231.
Parking. Parking for employers, employees, customers and other users of the business, pursuant to applicable requirements under Section
181.51.
181.3232.
Truck or Trailer Parking. Truck or trailer parking, cleaning
and washing, provided that trucks or trailers are necessary for the
conduct of the principal use.
181.3233.
Drive-up and Walk-up Facilities. Drive-up and walk-up facilities for banks, restaurants and other businesses may be authorized after site plan review pursuant to Section
181.95.
181.3234.
Seasonal Outdoor Dining. Seasonal outdoor dining, such as a
sidewalk cafe, if an accessory use to a lunchroom, restaurant, cafeteria
or similar place, provided that if situated upon publicly owned land,
evidence of a lease and/or license must be provided to the Building
Commissioner.
181.3235.
Commercial Recreation Accessory Uses. Accessory uses such as
dining for users of the commercial recreation facility, parking, gift
shop, pro shop, medical offices, day care, solar or wind power generation
for the primary use of the commercial recreation facility, and any
other use that is compatible with the permitted commercial recreational
use.
Accessory uses permitted in the industrial districts shall be
as follows:
181.3241.
Parking. Parking for employers, employees, customers and other users of the business, pursuant to applicable requirements under Section
181.51.
181.3242.
Truck or Trailer Parking. Truck or trailer parking, cleaning
and washing, provided that trucks or trailers are necessary for the
conduct of the principal use.
181.3243.
Employee Facility. Restaurant, cafeteria, recreational facility,
or similar facility for the convenience of, and use by, the employees
or users of the institution.
181.3244.
Salesroom. A salesroom for selling at retail to the general
public of any goods assembled, packaged, finished, processed or otherwise
manufactured on the premises.
181.3245.
Drive-up and Walk-up Facilities. Drive-up and walk-up facilities for banks, restaurants and other businesses may be authorized after site plan review pursuant to Section
181.95.
181.3246.
Seasonal Outdoor Dining. Seasonal outdoor dining, such as a
sidewalk cafe, if an accessory use to a lunchroom, restaurant, cafeteria
or similar place, provided that if situated upon publicly owned land,
evidence of a lease and/or license must be provided to the Building
Commissioner.
Except as otherwise set forth herein, any use permitted as a principal use is also permitted as an accessory use, provided such use is customarily incidental to the main or principal building or use of the land; any use authorized as a principal use by special permit may also be authorized as an accessory use by special permit provided such use is customarily incidental to the main or principal building or use of the land; any use not allowed in the district as a principal use is also prohibited as an accessory use. Accessory uses are permitted only in accordance with lawfully existing principal uses. In all instances where site plan review and approval is required for a principal use, the addition of any new accessory use to the principal use, where such addition exceeds the thresholds established in Section
181.95, shall also require site plan review and approval.
This chapter shall not apply to structures or uses lawfully in existence or lawfully begun or to a building or special permit issued before the first publication of notice of the public hearing required by MGL c. 40A, § 5, at which this chapter, or any relevant part thereof, was adopted. The installation or replacement of accessory solar energy systems that do not increase existing nonconformity or have satisfied Section
181.333, Nonconforming Structures, are allowed. Such prior, lawfully existing nonconforming uses and structures may continue, provided that no modification of the use or structure is accomplished, unless authorized hereunder.
The Board of Appeals may issue 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:
181.3321.
Change or substantial extension of the use;
181.3322.
Change from one nonconforming use to another, less detrimental,
nonconforming use.
The Board of Appeals may issue 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:
181.3331.
Reconstructed, extended or structurally changed;
181.3332.
Altered to provide for a substantially different purpose or
for the same purpose in a substantially different manner or to a substantially
greater extent.
The reconstruction, extension or structural change of a nonconforming structure in such a manner as to increase an existing nonconformity or create a new nonconformity, including the extension of an exterior wall at or along the same nonconforming distance within a required yard, shall require the issuance of a variance from the Board of Appeals; provided, however, that this provision shall not apply to nonconforming single- and two-family residential structures, which shall be governed by Section
181.335, below.
Nonconforming single- and two-family residential structures
may be reconstructed, extended, altered or structurally changed upon
the issuance of a building permit after a determination by the Building
Commissioner that such proposed reconstruction, extension, alteration,
or change does not increase the nonconforming nature of said structure.
In the event that the Building Commissioner determines that the nonconforming
nature of such structure would be increased by the proposed reconstruction,
extension, alteration, or change, the Board of Appeals may, by special
permit, allow such reconstruction, extension, alteration, or change
where it determines that the proposed modification will not be substantially
more detrimental than the existing nonconforming structure to the
neighborhood. The following circumstances shall not be deemed to increase
the nonconforming nature of said structure:
181.3351.
Alteration to a structure which complies with all current setback,
yard, building coverage, and building height requirements but is located
on a lot with insufficient area where the alteration will also comply
with all of said current requirements.
181.3352.
Alteration to a structure which complies with all current setback,
yard, building coverage, and building height requirements but is located
on a lot with insufficient frontage where the alteration will also
comply with all of said current requirements.
181.3353.
Alteration to a structure which encroaches upon one or more
required yard or setback areas, where the alteration will comply with
all current setback, yard, building coverage and building height requirements;
the provisions of this subsection shall apply regardless of whether
the lot complies with current area and frontage requirements.
181.3354.
Alteration to the side or face of a structure which encroaches
upon a required yard or setback area, where the alteration will not
encroach upon such area to a distance greater than the existing structure;
the provisions of this subsection shall apply regardless of whether
the lot complies with current area and frontage requirements.
181.3355.
Alteration to a nonconforming structure which will not increase
the footprint of the existing structure provided that existing height
restrictions shall not be exceeded.
A nonconforming use or structure which has not been used for a period of two years or more shall be considered abandoned, absent evidence to the contrary, and is defined and regulated under Section
181.336 et seq.; provided, however, that a finding of abandonment shall not be contingent upon nonuse but can arise from any willful act consistent with an intent to abandon such as an absence of maintenance.
181.3361.
Loss of Protected Status. Any nonconforming structure or use
that has been abandoned or not used for a period of two or more years,
shall lose its protected status and be subject to all of the provisions
of this chapter except for exempt uses and structures which are defined
below. An exempt structure or use may continue unless and until the
use or structure is abandoned or not used for two years and then fails
to qualify as an exempt structure or use.
181.3362.
Definitions. The following definitions shall apply to this section:
EXEMPT STRUCTURE OR USE
Any legal nonconforming structure or use that 1) has been
abandoned or 2) which has not been used for two years or more and
is one of the following:
A.
Single-family dwelling or two-family dwelling structures or
uses where:
(1)
The property is located in a zoning district which permits any residential use as of right pursuant to Section
181.313 above, the Downtown Business District, Intown Business District or Neighborhood Business Districts.
(2)
The proposed residential use or structure may reduce but will
not increase any existing nonconformity including but not limited
to use, dimension and parking.
(3)
The Building Commissioner determines in accordance with all
applicable building, health, fire, and all applicable codes the structure
is safe or can be made safe pursuant to a plan submitted by the applicant
and approved by the Building Commissioner.
B.
Single-family dwelling, two-family dwelling, three-family dwelling
and multifamily housing structures or uses where:
(1)
The structure and use meet the requirements of A.(1) and (3)
above;
(2)
The owner submits a plan, approved by the Building Commissioner,
for rehabilitation of the nonconforming structure which rehabilitates
the facade and at least 50% of the square footage of the gross living
area of the structure, and the proposed modification either reduces
or does not increase any existing nonconformity; and
(3)
The structure or use meets the zoning requirements for the number of off-street parking spaces in Section
181.51.
(4)
Boardinghouses and lodging houses are specifically excluded
from the definition of "exempt structures and uses."
LEGAL NONCONFORMING STRUCTURE OR USE
A prior, lawfully preexisting nonconforming structure or use lawfully in existence or lawfully begun, or a building or special permit issued before the first publication of notice of the public hearing required by MGL c. 40A, § 5, at which this chapter, or any relevant part thereof, was adopted, as defined in Section
181.331 above, or a structure which has become lawfully nonconforming by operation of law, as set forth in MGL c. 40A, § 7, prior to abandonment or prior to the beginning of a period of nonuse which extends for two continuous years or more.
181.3363.
Procedure. The Building Commissioner may require such additional
information, plans or documents as he or she may reasonably need to
determine the foregoing. The Commissioner may consult with any other
department head or personnel.
181.3364.
Decision. The decision of the Building Commissioner regarding
the exempt or nonconforming status of a structure may be appealed
to the Board of Appeals. On appeal, the Board may exercise its authority
under MGL c. 40A, § 8, and affirm, reverse or modify the
decision of the Building Commissioner. Nothing in this chapter will
prevent application to the Board of Appeals for a special permit.
181.3365.
Mixed Use. Where a nonconforming structure or use could be assigned to more than one use, the entire nonconforming structure and the use thereof shall be treated as the most restricted use as listed in the Table of Principal Use Regulations itemization in Section
181.313.
181.3366.
Special Permit. Notwithstanding any of the foregoing, the Board
of Appeals may grant a special permit authorizing the reconstruction,
alteration, rehabilitation, occupancy and use of any structure or
use that has been determined by the Building Commissioner to have
been abandoned or not used for two years or more, upon a demonstration
by the applicant that all of the following criteria have been met:
A. The structure or use is a legally nonconforming structure or use.
B. The premises are determined to have adequate parking to serve the structure and use in conformity with the provisions of Section
181.512 or Section
181.513.
C. The special permit criteria and procedure set forth in Section
181.94 are satisfied.
D. The Board of Appeals may consider and may equitably depart from the
above criteria if it finds that despite a discontinuance of use for
two years or more the owner has made and provides evidence and documentation
demonstrating good faith effort to restore the nonconforming use or
has been unable due to illness, or military service. Payment of property
taxes on the property shall not constitute a good faith effort.
E. The Board of Appeals may impose such reasonable conditions, safeguards, or limitations on time or use, including performance guarantees, as it may deem necessary to serve the purposes of this chapter, as set forth in Section
181.945.
A nonconforming structure may be reconstructed after a catastrophe
or after demolition, provided that the owner shall apply for a building
permit and start operations for reconstruction on said premises within
two years after such catastrophe or demolition, and provided that
the building(s) as reconstructed shall have no greater violation of
setback, yards lots coverage or height as existed on the lot prior
to demolition, provided, further, that in any event the new side yard
setbacks shall not be less than five feet. In the event that the proposed
reconstruction would cause the structure to exceed these limits, a
special permit shall be required from the Board of Appeals.
No nonconforming use shall, if changed to a conforming use,
revert to a nonconforming use unless a variance is obtained from the
Zoning Board of Appeals.