Ashburnham City Zoning Code
PART 1
General Provisions
1.1.1 Purpose.
The purpose of this bylaw is to promote the health, safety and general welfare of the inhabitants of the Town of Ashburnham, to lessen the danger of fire and congestion and to protect and preserve the surface and groundwater resources of the Town and the region from any use of land or buildings which may reduce the quality and quantity of its water resources, and further to conserve the natural resources of Ashburnham, to prevent temporary and permanent contamination of the environment and to improve the Town under the provisions of Chapter 40A, General Laws.
1.1.2 Basic requirements.
A.
All buildings or structures herein erected, reconstructed, altered, enlarged, or moved and used of premises in the Town of Ashburnham shall be in conformity with the provisions of this bylaw. Any building, structure or land shall not be used for any purpose or in any manner other than is permitted within the district in which such building, structure or land is located. Any use not specifically enumerated in a district herein shall be deemed prohibited. In accordance with Chapter 40A, General Laws, and notwithstanding any provisions to contrary, this bylaw shall not prohibit or limit the use of land for any church or other religious purpose or for any educational purpose which is religious, sectarian, denominational, or public, or for any municipal purpose. This bylaw shall not repeal, annul or in any way impair or remove the necessity of compliance with any rule, regulation, bylaw, permit or provision of law. Where this bylaw imposes a greater restriction upon the use of land, buildings or structures, the provisions of this bylaw shall control.
B.
No building shall be erected except on a lot fronting on a street, way or road (as defined by this bylaw), and there shall be not more than one principal building on any lot, except as allowed in this bylaw.
1.2.1 Nonconforming uses.
A.
Continuation. The lawful use of any land existing at the time of the enactment or subsequent amendment of this bylaw may be continued although such use did not conform with the provisions of the bylaw as adopted or amended.
B.
Extension. Except for agricultural, horticultural or floricultural uses, the extent of nonconforming use of land not covered by a building or structure may not be increased by more than 25% of the land area in nonconforming use at the time the bylaw is adopted or amended except by special permit from the Board of Appeals after a finding that such extension will not be detrimental or injurious to the neighborhood.
C.
Abandonment. All nonconforming uses which have been abandoned or discontinued for more than two years shall not be reestablished except by special permit from the Board of Appeals after a public hearing and a finding that such reestablishment will not be detrimental or injurious to the neighborhood.
D.
Changes. Once changed to a conforming use, no land shall be permitted to revert to a nonconforming use.
1.2.2 Nonconforming buildings and structures.
A.
Continuation. The lawful use of any building or structure existing at the time of the enactment or subsequent amendment of this bylaw may be continued although such building or structure did not conform with the provisions of the bylaw as adopted or amended.
B.
Alteration and enlargement. A nonconforming building may be altered or enlarged, provided that such alteration or enlargement conforms to applicable yard, building height and lot coverage requirements, but a nonconforming extension or alteration of a nonconforming structure may be permitted by special permit and only if there is a finding by the Zoning Board of Appeals that such extension or alteration shall not be substantially more detrimental to the neighborhood than the existing nonconforming structure. In no case may the height of a permitted nonconforming alteration or extension of a nonconforming structure exceed that of the applicable schedule of dimensional regulations except by a variance.
1.3.1 Terms defined.
[Amended 5-7-2019 ATM by Art. 19; 5-2-2023 ATM by Art. 27; 5-6-2025 ATM by Art. 24; 10-27-2025 STM by Art. 2]
In this bylaw, the following terms shall have the following meanings unless a contrary meaning is required by the context or is specifically prescribed.
A building devoted exclusively to a use subordinate to and customarily incidental to the principal use.
A self-contained housing unit, inclusive of sleeping, cooking and sanitary facilities on the same lot as a principal dwelling, subject to otherwise applicable dimensional and parking requirements, that:
Maintains separate entrances, either directly from the outside or through an entry hall or corridor shared with the principal dwelling sufficient to meet the requirements of the Building Code for safe egress;
Is not larger than 900 square feet of living space; and
Complies with § 5.12 of this Bylaw, as well as the requirement that the creation or rental of an ADU that is not a short-term rental shall not be unreasonably restricted.
(Also see definitions of "principal dwelling" and "protected use accessory dwelling unit," and Chapter 250 Attachment 1: Schedule of Use Regulations § 3.1.2.2m, n, and o) |
A use subordinate to and customarily incidental to the principal use.
A person, business, or organization that applies for a building permit, site plan review, or special permit.
Private or private nonprofit elderly housing comprised of individual studio, one-bedroom, and two-bedroom dwelling units for residents over the age of 65. On-site services and facilities such as meals, cleaning, laundry, recreation, fitness, transportation, and social activities are an integral part of the development. Medical services may be offered but no long-term hospital or nursing home care is provided within the assisted elderly housing development. Town water and sewer must serve assisted elderly housing unit(s).
Private, owner-occupied building with no more than five guest rooms which includes a breakfast in the room rate and which serves meals to overnight guests only.
Any structure built for the support, shelter or enclosure of person, animals, goods or property of any kind.
Development that may proceed under the Zoning in place at time of application without the need for a special permit, variance, zoning amendment, waiver, or other discretionary zoning approval.
Use of buildings, structures or land which complies with all the use and dimensional requirements of the zoning district in which the use is located.
An occupation engaged in by a resident of the premises, including but not limited to carpentry, cooking, dressmaking, electrical work, handicrafts, interior decorating, masonry work, painting, plumbing, repairs of appliances or other small items and routine office work, but not including the display or warehousing of goods not produced on the premises.
Any man-made change to improved or unimproved real estate, including but not limited to building or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. [US Code of Federal Regulations, Title 44, Part 59J.]
Any fixed structure, not a mobile home, containing one or more dwelling units.
A room or group of rooms designed and equipped exclusively for use as living quarters for only one family, including provisions for living, sleeping, cooking and eating.
One or more persons occupying a dwelling unit and living as a single, nonprofit housekeeping unit.
An area used for a range of overnight accommodations, from tenting to serviced trailer sites, including accessory facilities which support the use, such as administration offices, laundry facilities, washrooms, support recreational facilities, but not including the use of mobile homes, trailers or other forms of moveable shelter on a permanent year-round basis.
The boundary of a lot coinciding with the street line being an unbroken distance along a way currently maintained by the town, county, or state; along ways shown on a duly approved and recorded subdivision plan; or lies on private way in existence on February 18, 1954. A way may provide frontage only upon determination by the Planning Board that it provides sufficient width, suitable grades and adequate construction to provide for the needs of vehicular traffic in relation to the proposed use of the land and for the installation of municipal services to service such land and proposed buildings. Frontage shall be able to provide direct access to the lot. Lot frontage shall be measured continuously along street lines between side lot lines. Lots with interrupted or discontinuous frontage must demonstrate that the required length along the street may be obtained from one continuous frontage section along a single way, without any totaling of discontinuous frontage sections. Also see Zoning §§ 4.1.2 Schedule of Dimensional Regulations, 4.2.2 Frontage, and 4.2.3 Corner lots as well as Planning Board Subdivision Rules and Regulations.
The sum, in square feet, of the floor areas of all roofed portions of a building, as measured from the interior faces of the exterior walls.
All water found beneath the surface of the ground.
As used in Part 4, Dimensional Requirements, § 4.1.2, Table I, a 1/2 story is habitable space where floor area does not exceed 75% of the floor area of the story below and where the minimum ceiling height in accordance with the Massachusetts State Building Code does not exceed 50% of the floor area of the story below.
Material including, but not limited to, any material, in whatever form, which, because of its quantity, concentration, chemical, corrosive, flammable, reactive, toxic, infectious or radioactive characteristics, either separately or in combination with any substance or substances, constitutes a present or potential threat to human health, safety, welfare, or the environment, when improperly stored, treated, transported, disposed of, or otherwise managed. The term shall not include oil.
The vertical distance of the highest point of the roof above the mean grade of the ground adjoining the building.
Materials or structures on or above the ground that do not allow precipitation or surface water to penetrate directly into the soil.
The floor area used or intended to be used for living, sleeping, cooking or eating purposes, excluding bathroom, toilet, laundry and storage spaces, communicating corridors, stairways, spaces with less than four feet clear headroom, garages, breezeways and carports.
A single area of land in one ownership with definite boundaries as described on a recorded deed or recorded plan.
A property boundary separating a lot from a street or adjoining lots; for example, street, side and rear lot lines.
A structure designed as a dwelling unit for living purposes, capable of being moved on its own wheels by a motor vehicle whether retained on wheels or fixed to a permanent foundation.
A building or buildings on a single lot containing three or more dwelling units as the exclusive principal use.
Use of buildings, structures or land which does not comply with all the use and dimensional requirements of the zoning district in which the use is located, but which was in existence at the time the use regulation became effective and was lawful at the time it was established.
A building containing only one or two habitable rooms, which is adapted and used to provide transient sleeping accommodations for hire to not exceed four persons but not adapted or used for cooking or preparing meals or for residence by the same person for more than 90 days.
One or more lots in the same ownership, contiguous or separated only by a road, including all buildings, structures and improvements thereon.
A building in which is conducted the principal use of the lot on which it is located. For residentially zoned lots, such a building would be a dwelling.
A building in which the principal use of the lot on which it is located is conducted.
A structure, regardless of whether it, or the lot it is situated on, conforms to Zoning, including use requirements and dimensional requirements, such as setbacks, bulk, and height, that contains at least one dwelling unit and is, or will be, located on the same lot as a protected use ADU.
The main or primary purpose for which a structure or lot is designed, arranged or intended, or for which it may be used, occupied or maintained under this bylaw.
An attached or detached ADU that is located, or is proposed to be located, on a lot in a Single-Family Residential Zoning District and is protected by MGL c. 40A, § 3, provided that only one ADU on a lot may qualify as a protected use ADU. An ADU that is nonconforming to zoning shall still qualify as a protected use ADU if it otherwise meets this definition.
(Also see definitions of "accessory dwelling unit" and "Single-Family Residential Zoning District")
Any wagon, cart, trailer or similar wheeled container, not a self-propelled "motor vehicle" as defined in MGL c. 90, § 1, from which food or beverage is offered for sale to the public.
A vehicle or vehicular attachment with or without motive power designed for temporary sleeping or living quarters for one or more persons, which is not a dwelling and which may include a pick-up camper, travel trailer, tent trailer, beach buggy and motor home.
Facility for the sale of produce, wine and dairy products on property nonexempted by MGL c. 40A, § 3, operated on a non-year-round basis.
As defined by MGL Chapter 64, § 1: An owner-occupied, tenant-occupied or non-owner occupied property, including, but not limited to, an apartment, house, cottage, condominium or a furnished accommodation that is not a hotel, motel, lodging house or bed and breakfast establishment, where:
Any Zoning District where single-family residential dwellings are a permitted or an allowable use, including any Zoning District where single-family residential dwellings are allowed as-of-right or by special permit.
The space in a building between two adjacent floor levels or between a floor and the roof. Also see definition of "half story."
An accepted Town way, or a way established by or maintained under county, state or federal authority, or a way established by a subdivision control law, or a way determined by the Planning Board to have sufficient width, suitable grades, and adequate construction to provide for the needs of vehicular traffic in relation to the proposed use of the land, and for the installation of municipal services to serve such land and the buildings erected or to be erected thereon.
For floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. [US Code of Federal Regulations, Tide 44, Part 59.]
Facilities comprising personal and other supportive services with a nonmedical focus, limited to persons 55 years and older, including, but not limited to, assisted living, congregate care and independent living and should specifically exclude skilled nursing facilities, intermediate-care facilities, nursing facilities, custodial-care facilities and continuing-care retirement communities, or such facilities which provide multiple levels of care within a single facility. Town water and sewer must serve supportive housing facility(ies).
Any lake, stream, spring, impoundment, or pond as determined by the Massachusetts geographic information service based upon the United States Geological Survey one to 25,000 scale quadrangle maps. Surface water shall include the land located thereunder and the banks thereto. Surface water shall exclude all reservoirs, aquifers, groundwaters and man-made farm ponds used for irrigation, as well as all so-called "great ponds" of the commonwealth which do not drain into any lake, stream, spring or pond as described above.
A vehicle without motive power, designed to be towed by a passenger automobile but not designed for human occupancy and which may include a utility trailer, boat trailer and horse trailer.
A detached residential building designed or intended or used exclusively as the residence of two families. A two-family dwelling shall not include a detached single-family dwelling with an accessory apartment.
The failure of a structure or other development to be fully compliant with the community's flood plain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in § 60.3 is presumed to be in violation until such time as that documentation is provided. [US Code of Federal Regulations, Title 44, Part 59.]
Lands lying adjacent to watercourses and surface water bodies which create the catchment or drainage areas of such watercourses and bodies.