[Amended 4-13-1978 ATM by Art. 39; 4-15-1981 ATM by Art. 33; 4-15-1988 ATM by Art. 55; 4-15-1988 ATM by Art. 78; 4-15-1988 ATM by Art. 80; 5-2-1994 ATM by Art. 19; 5-2-1994 ATM by Art. 21; 5-1-1995 ATM by Art. 34; 5-6-1996 ATM by Art. 38; 5-5-1997 ATM by Art. 26; 5-7-1998 ATM by Art. 41; 5-3-1999 ATM by Art. 23; 5-3-1999 ATM by Art. 24; 5-2-2000 ATM by Art. 25; 5-5-2003 ATM by Art. 25; 5-1-2006 ATM by Art. 34; 5-7-2007 ATM by Art. 26; 5-7-2007 ATM by Art. 30; 5-4-2009 by Art. 18; 5-4-2009 ATM by Art. 25; 5-4-2009 ATM by Art. 24; 5-4-2009 ATM by Art. 25; 12-14-2009 ATM by Art. 4; 5-3-2010 ATM by Art. 43; 5-3-2010 by Art. 46; 5-7-2012 ATM by Art. 46; 5-7-2012 ATM by Art. 47; 5-6-2013 ATM by Art. 50; 5-6-2013 ATM by Art. 57; 5-5-2014 ATM by Art. 34; 5-6-2014 ATM by Art. 31; 5-4-2015 ATM by Art. 32; 5-2-2016 by Art. 39; 5-2-2016 by Art. 40; 5-1-2017 ATM by Art. 33; 5-1-2017 ATM by Art. 37; 5-5-2025 ATM by Art. 27]
As used in this Chapter, the following terms shall have the meanings indicated:
ACCESSORY USEA building, structure or use that is customarily incidental and subordinate to the lawful principal use of the lot and is located on the same lot as the principal use or building. An accessory use must not be the primary use of the property but rather one that is subordinate and minor in significance, has a reasonable relationship with the primary use and is one that is usual to maintain in connection with the primary use of the lot.
AFFORDABLE HOUSING UNITA dwelling unit that qualifies as a Local Initiative Unit under the Commonwealth’s Local Initiative Program (760 CMR
45.00) and meets the requirements of a subsidized housing unit for purposes of listing in the Subsidized Housing Inventory under GL. C.
40B Sec. 20-23.
A domestic charitable corporation kennel, as defined by M.G.L. c.
140 § 136A, but excluding a veterinary hospital or clinic. Such a facility may provide mission-oriented programs such as educational outreach, medical care and on-site training programs.
A facility, whether or not operated for profit, that offers athletic and physical fitness activities such as tennis, swimming, and exercise and weight rooms, and which may include exercise therapy, rehabilitation and health-related services, and which may charge a fee for use of such facility and its services. Such club may include accessory restaurant or retail uses.
APPEALAn appeal to the Board of Appeals by any person aggrieved by an order or decision of the Inspector of Buildings or other administrative official, pursuant to MGL c. 40A, §
8 or
10.
The Board of Appeals of the Town of Hopkinton established by §
210-146 of this Chapter under the authority of MGL c.
40A.
An establishment for use by the practitioner of a building trade, such as a carpenter, welder, plumber, electrician, builder, mason, or similar occupation.
COMMON OWNERSHIPCommon ownership shall mean ownership by the same person or persons or legal entities or ownership by any two or more persons or entities, when there is active or pervasive control of those legal persons or entities by the same controlling person and there is a confusing intermingling of activity among those persons while engaging in a common enterprise.
CONFERENCE CENTERA structure or series of structures for the purpose of providing conference, seminar or meeting facilities and/or recreation facilities, including but not limited to golf, tennis or dining. A residential dormitory component of a conference center shall be considered a separate use and is defined as providing living, sleeping and toilet facilities solely for the patrons of the conference center.
CONTINUING CARE RETIREMENT COMMUNITY FACILITY/ASSISTED LIVING FACILITY/NURSING HOME FACILITYA facility providing living Accommodations for persons in need, generally those of advanced age or with sufficient mental and physical disabilities to require the level of medical care and services offered by such facility. These facilities generally provide or make available some combination of the following services and amenities: 1) residential units comprising one or more of the following: independent living units, assisted living unites, nursing home units, or other types of residences which are generally associated with medical care: 2) medical nursing and other health-care services, including rehabilitation and wellness centers; 3) personal care assistance, for example, bathing, grooming, dressing, and toileting: 4) emergency assistance; 5) 24 hour staffing; 6) meals, usually in a designated or community dining area or restaurant; 7) housekeeping and laundry; 8) recreational and social activities supporting the mental and physical well being of residents; 9) educational and other instructional services and activities; 10) transportation services; 11) building and grounds maintenance; and, 12) various accessory products and services which may be appropriately offered to residents of the facility.
DOG DAY CARE FACILITYA commercial boarding or training kennel, as defined by M.G.L. c. 410, §
136A, that is used for the day care of dogs. Such facilities shall not offer animal sales or boarding or overnight stays of animals that are not the property of the owner of the facility.
A room or group of rooms forming a habitable unit for one family with the facilities which are used or intended to be used for living, sleeping, cooking and eating.
EARTH REMOVALStripping, digging, excavating or blasting soil, loam, sand or gravel from one lot and removing or carrying it away from said lot to other lots or places.
EAVEThe projecting lower edges of a roof overhanging the wall of a building.
GROSS FLOOR AREAThe sum of the gross horizontal areas of the several floors of a building excluding areas used for accessory garage purposes and such basement and cellar areas as are devoted exclusively to uses accessory to the operation of the building. All dimensions shall be taken from the exterior faces of walls, including the exterior faces of enclosed porches.
HEALTH SERVICES FACILITYA building that contains establishments dispensing health services for health maintenance and the outpatient diagnosis and treatment of medical, dental and physical conditions, including outpatient surgery. The term health services facility shall not include hospitals, urgent medical care requiring emergency transportation, nursing homes or extended-care facilities, but may include establishments providing support to the medical profession and patients, such as medical and dental laboratories, blood banks and oxygen and other miscellaneous types of medical supplies and services
HISTORIC STRUCTUREAny structure which may be worthy of preservation by reason of the fact it may have been constructed, in whole or in part, 75 or more years prior to the application date, and it is determined by the Historical Commission to be either:
A. Associated in some material respect with a person or event which has contributed to the cultural, political, economic, social, or architectural history of the Town, the Commonwealth, or the United States of America; or
Historically or architecturally important (in terms of period, style, construction, or material association with an architect or builder), either by itself or in the context of a group of structures.
HOME OCCUPATIONSA. The following limitations apply to all classes of home occupations as defined for the purposes of this Chapter, although the Board of Appeals may grant a special permit conditionally modifying such limitations:
(1) The occupation is situated in the petitioner's dwelling.
There is no major structural change to the exterior nor any other external evidence of such home occupation, other than signage as permitted in Article
XXVII, Signs.
Not more than one person other than the resident shall be employed on the premises.
No more than four clients shall be scheduled in any one hour nor more than 16 in any one day and only between the hours of 8:00 a.m. and 8:00 p.m.
There shall be sufficient parking area on the lot to accommodate expected peak parking by the resident family, employees and clients.
No produce nor stock-in-trade shall be sold at retail except insofar as incidental to the home occupation (e.g. teaching supplies), or as specifically permitted in connection with farm uses or home retail occupations.
Home occupations are divided into the following classes:
(1) Home professional office: office for the practice of a profession involving a high degree of training in the humanities, science or arts, such as medicine, law, engineering or fine arts.
Home personal service: personal services, such as insurance, notary public, real estate broker, dressmaking, beauty care, clerical services; studio for the teaching of fine or domestic arts and crafts; home care or therapy (for pay) for not more than three patients or children; home baker or caterer.
Home business workshop: the business or shop of a painter, carpenter, electrician or similar trade.
Home specialty retail: the sale of homemade products on the premises other than those permitted in connection with farm uses; or of collector's items, such as antiques, stamps, coins, etc.; provided that the Board of Appeals finds that the production or selection of the products depends on a special skill or knowledge of the resident and the access road and off-street parking are adequate and safe.
HOTEL or INNAn establishment providing rooms for transient lodging accommodations where there is a central lobby and primary entrances to guest rooms off an interior corridor.
INDOOR RECREATIONA facility, within a permanent building or structure, designed and equipped for the conduct of sports, athletic and other leisure-time activities; provided that all activities are conducted entirely within the building and no noise generated within the facility may be heard at the property line. Such activities may include swimming, skating, indoor skydiving, soccer, bowling and other similar uses; but shall not include arcades and billiard halls unless accessory to another indoor recreation use.
LAND USEThe purpose for which land or building is occupied or maintained, arranged, designed or intended.
LAND USE REGULATIONSThe provisions of this Chapter governing the activities that may be conducted, whether unconditionally or upon grant of a special permit, in each of the various zoning districts.
LANDSCAPING BUSINESS AND STORAGE/STAGING FACILITYA facility at which vehicles, trailers, equipment and supplies used in the landscape service business are stored. Such facility may constitute the location from which workers are dispatched to work on customer’s property and at which their vehicles are stored while at work. Retail or wholesale sales shall not be conducted at the facility. Administrative functions associated with the landscape service business, such as scheduling, dispatching, and financial administration, may be conducted at the facility.
LOTA single piece or parcel of land lying in a solid body under single, joint or several ownership and separated from contiguous land by property lines or street lines.
LOT AREAThe area of a lot, not including any area in a public or private street nor any water area more than 10 feet from the shoreline.
LOT COVERAGEThat percent or portion of the total lot area occupied by all buildings and structures thereon, including accessory buildings and structures.
LOT FRONTAGEA. The linear extent of a lot measured along the street right-of-way from the intersection of one side lot line to the intersection of the other of the same lot. Frontage shall be measured in a continuous line along the street line between the points of intersection of the side lot lines with said street line. The frontage of a corner lot shall be measured along that side of the lot bordering the traveled way which is in front of and parallel to the front of the building or proposed building. Where a building has no front or is located diagonally, the owner may designate either street lot line as the frontage. The driveway providing the principal access to a lot shall be across the lot frontage as herein defined, subject to the provision, however, that if a lot has minimum lot frontage on more than one street, the driveway may enter the lot from any of such streets, subject to the approval of the Director of Municipal Inspections. The approval of the Director of Municipal Inspections shall be given only after issues concerning public safety, designated scenic roads and good planning principles have been considered.
Sixty percent of the lot frontage must have the following minimum depth measured at a ninety-degree angle from the front lot line.
District | Minimum Frontage Depth (feet) |
|---|
Residence A | 90 |
Residence B | 100 |
Residence RLF | 100 |
Agricultural | 120 |
Rural Business | 120 |
Industrial A and Industrial B | 120 |
MAXIMUM HEIGHTVertical distance measured from the mean finished grade of all sides of the building or structure to the highest point of the roof for flat roofs, to the deck line for mansard roofs and to the mean height between eaves and ridge for gable, hip and gambrel roofs. The mean finished grade shall not be raised or lowered more than five feet above the mean center-line grade of the frontage street for the proposed building unless the building will be located more than 50 feet from the front property line.
MEDICAL OFFICEA medical, dental, or psychiatric practice offering medical services on an outpatient basis. A medical office may contain associated in-house ancillary services such as in-house diagnostic testing facilities, medical counseling services, and similar services.
NONCONFORMING USEA use of a building or land that does not conform to all the land use regulations of this Chapter for the district in which it is located, which use was in existence and lawful at the time said land use regulations became effective.
OFFICIAL ZONING MAPThat copy of the Town Zoning Map located in the office of the Town Clerk, signed by the Select Board, attested by the Town Clerk and bearing the Seal of the Town and a certification of its status as the Official Zoning Map.
OFF-STREET PARKINGThat portion of a lot set aside for purposes of parking, including any necessary aisle space in said facility, but not including roadways or drives connecting said off-street parking space or lot with a street or thoroughfare.
PRINCIPAL USEThe primary or main use of land, building, or structure, as distinguished from an accessory use, building, or structure.
QUALIFIED AFFORDABLE HOUSING UNIT PURCHASERAn individual or family with a household income that does not exceed 80% of the Hopkinton area median income, with adjustments for household size, as reported by the most recent information from the United States Department of Housing and Urban Development (HUD) and/or the Massachusetts Department of Housing and Community Development (DHCD).
REAR YARD DEPTHThe minimum distance from the rear lot line to the nearest part of the structure nearest to said line. The term "structure," for purposes of this definition, shall mean a man-made combination of materials assembled in a fixed location to give support or shelter or for any other purpose, including buildings, frameworks, platforms, sheds, and the like; provided, however, that signs, retaining walls, fences, tents, poles, swing sets and the like are not to be considered structures.
RECYCLING CENTERA parcel of land, with buildings, within which materials are stored, separated and processed for shipment and eventual reuse in new products. All storage, separation and processing for shipment shall be contained within enclosed buildings. No use which has outdoor storage, separation or processing for shipment shall be considered a recycling center. Recycling centers shall not include facilities where recyclables are processed and/or treated so as to be placed in a condition in which they may be used again in new products or establishments that store, process or treat hazardous wastes. This definition of recycling center shall not apply to a municipal facility for the collection of recyclable materials.
REGISTERED MARIJUANA DISPENSARY (RMD); (ALSO KNOWN AS A MEDICAL MARIJUANA TREATMENT CENTER)A not-for-profit entity registered under 105 CMR
725.100 that acquires, cultivates, possesses, processes (including development of related products such as edible marijuana-infused products, tinctures, aerosols, oils, or ointments), transfers, transports, sells, distributes, dispenses, or administers marijuana, products containing marijuana, related supplies, or educational materials to registered qualifying patients or their personal caregivers. Unless otherwise specified, RMD refers to the sites of dispensing, cultivation and preparation of marijuana.
A retail food service establishment having, as its principal business, the preparation and sale of food or beverages, whether for consumption on or off the premises, that includes counter or table service and may include indoor or outdoor seating areas on the premises.
SETBACKShortest line or distance from the street line to the nearest portion of the first adjacent structure measured at a right angle from the street line. The term "structure," for purposes of this definition, shall mean a man-made combination of materials assembled in a fixed location to give support or shelter or for any other purpose, including buildings, frameworks, platforms, sheds, and the like; provided, however, that signs, retaining walls, fences, tents, poles, swing sets and the like are not to be considered structures.
SIDE YARD WIDTHThe minimum distance from the side lot line to the nearest part of the structure nearest to said line. The term "structure," for purposes of this definition, shall mean a man-made combination of materials assembled in a fixed location to give support or shelter or for any other purpose, including buildings, frameworks, platforms, sheds, and the like; provided, however, that signs, retaining walls, fences, tents, poles, swing sets and the like are not to be considered structures.
SPECIAL PERMITA right or permit granted by the Board of Appeals or Planning Board pursuant to the authority of MGL c. 40A, §
9, and of Article
XXII of this Chapter, for a purpose specified in this Chapter as one subject to special permit, following upon review and conditions set by the Board.
A one story structure, limited to not more than 120 sq. ft. of gross floor area and not exceeding 12 feet in height, for the storage of landscape materials, tools or other materials related to a residential use. Pool houses/cabanas, garages and barns or other structures housing animals shall not be considered storage sheds.
STREET LINECommon bound between street right-of-way, public or private, and abutting lot.
TOWERA monopole or lattice structure which is designed to serve as a mount for wireless communications facilities.
TRAILERA mobile house or compartment constructed to be moved on two or more wheels and designed to be used for living purposes.
TRAILER PARK OR CAMPA lot used, designed or advertised as a parking space for two or more trailers used for living purposes.
VARIANCERelief from strict enforcement of one or more zoning bylaws granted by the Board of Appeals pursuant to authority under MGL c. 40A, §§
10 and
14, and Article
XXII of this Chapter.
An establishment to provide medical care to animals of all types housed in a facility separate and apart from all other uses on that site. There shall be no outdoor facilities to house or exercise animals. A veterinary clinic may provide for on-site cremation or aquamation services for the disposal of animal remains, provided that the crematorium and/or aquamation processes shall emit no odors or visible emissions and that all activity relating to the deceased shall be screened from public view to the maximum extent possible, including delivery and storage of the remains.
WIRELESS COMMUNICATIONS FACILITYA structure (with antennae, if any) designed to facilitate the following types of services: cellular telephone service, personal communications service and enhanced specialized mobile radio service. Types of structures facilitating these types of services include but are not limited to a tower, water storage tank, building and utility poles.
ZONING DISTRICTOne of the zones or districts into which the Town is divided for zoning purposes. See Article
I, §
210-1.