Blackstone City Zoning Code

For the purposes of this chapter, the Town of Blackstone is hereby divided into the following types of districts:[1]

[Amended by 6-26-1969 STM, Art. 2; 4-28-1986 ATM, Art. 38; 5-29-2001 ATM, Art. 25]

	Residence Districts	R1 R2 R3
	Industrial District	I
	Commercial District	C

Editor's Note: General District G, which originally appeared in the following enumeration of districts, was repealed by 6-26-1969 STM, Art. 2.

The boundaries of these districts are defined and bounded on the map entitled "Zoning Map, Blackstone, Massachusetts," on file with the Town Clerk. That map and all explanatory matter thereon is hereby made a part of this chapter.[2]

Editor's Note: The Zoning Map is included in the pocket part at the end of this volume.

In addition, there are five overlay districts:

[Added by 9-24-1984 STM, Art. 1; amended by 11-19-1984 STM, Art. 1; 4-25-1988 ATM, Art. 7; 4-25-1994 ATM, Art. 22; 5-27-2003 ATM, Art. 17]

The Multifamily Overlay District as defined and bounded on the Zoning Map.

The Flood Hazard District, as defined in § 123-19A.

The Groundwater Protection District, as defined on the Groundwater Protection Map.

The Village Overlay District, as defined and bounded on the Zoning Map.

The Special Resource Overlay District, as defined at Subsection B(3) of § 123-2.

Except when labelled to the contrary, boundary or dimension lines shown approximately following or terminating at street, railroad or utility easement center or layout lines, boundary or lot lines or the channel of a stream shall be construed to be actually at those lines; when shown approximately parallel, perpendicular or radial to such lines shall be construed to be actually parallel, perpendicular or radial thereto; when appearing to follow shoreline shall coincide with the mean low-water line. When not locatable in any other way, boundaries shall be determined by scale from the map.

Where a district boundary line divides any lot existing at the time such line is adopted, the regulations for any district in which the lot has frontage on a street may be extended not more than 30 feet into the other district.

When a lot in one ownership is situated in part in the Town of Blackstone and in part in an adjacent municipality, the provisions of this chapter shall be applied to that portion of the lot lying in the Town of Blackstone in the same manner as if the entire lot were situated therein.

§ 123-9 Use regulations.

No building or structure shall be erected or used and no land shall be used except as set forth in the Use Schedule,[1] or as exempted by § 123-5 or by statute.

[Amended by 2-15-1975 STM, Art. 1; 1-9-1978 STM, Art. 5]

Symbols employed shall mean the following:

	Yes - A permitted use
	No - An excluded or prohibited use

Uses authorized under special permit as provided for in §§ 123-4 and 123-11:

	BA - Acted on by Board of Appeals
	PB - Acted on by Planning Board
	BS - Acted on by Board of Selectmen

Editor's Note: See § 123-11, Use schedule.

Where an activity might be classified under more than one of the following uses, the more specific classification shall determine permissibility; if equally specific the more restrictive shall govern.

§ 123-10 Nonconforming uses and structures.

[Amended by 12-28-1972 STM, Art. 5; 1-9-1978 STM, Art. 5]

Change, extension or alteration. As provided in MGL c. 40A, § 6, a nonconforming single- or two-family dwelling may be altered or extended, provided that doing so does not increase the nonconforming nature of said structure, and other preexisting nonconforming structures or uses may be extended, altered or changed in use on special permit from the Board of Appeals if the Board of Appeals finds that such extension, alteration or change will not be substantially more detrimental to the neighborhood than the existing nonconforming use. Once changed to a conforming use, no structure shall be permitted to revert to a nonconforming use.

Restoration. Any legally nonconforming building or structure may be reconstructed if destroyed by fire or other accidental or natural causes if reconstructed within a period of two years from the date of the catastrophe, or else such reconstruction must comply with this chapter.

Abandonment. A nonconforming use which has been abandoned, or discontinued for a period of two years, shall not be reestablished, and any future use of the premises shall conform to this chapter.

[Amended by 5-31-2011 ATM, Art. 24]

A nonresidential use shall be considered abandoned if the building or structure in which the nonconforming use takes place is voluntarily demolished prior to obtaining a special permit to replace it from the Board of Appeals, or if the premises are voluntarily devoted to another use. It shall be considered discontinued when characteristic equipment or furnishings of the nonconforming use have been removed from the premises and have not been replaced by similar equipment or furnishings within two years unless other facts can document intention to resume the activity within two years. Such facts may include, but are not limited to:

Obtaining permits or licenses related to operation of the nonconforming use.

Undertaking renovations clearly intended to facilitate continued operation of the nonconforming use.

Ordering equipment and/or supplies associated with the nonconforming use.

A residential use shall be considered abandoned or discontinued if:

The building or structure is voluntarily demolished prior to obtaining a special permit to replace it from the Board of Appeals; or

During a consecutive two-year period, all of the following four conditions have occurred: (a) the property has been uninhabited by any authorized person(s); (b) property taxes are unpaid; (c) utility services are discontinued; and (d) no significant maintenance activity can be documented during the two-year period.

§ 123-11 Use Schedule.

[Amended by 6-26-1969 STM, Art. 2; 6-5-1972 STM, Art. 8; 2-15-1975 STM, Art. 1; 9-25-1975 STM, Art. 9; 1-9-1978 STM, Art. 4; 1-9-1978, STM. Art. 5; 4-25-1981 ATM, Art. 2; 9-20-1982 STM, Art. 4; 9-20-1982 STM, Art. 5; 9-24-1984 STM, Art. 1; 11-19-1984 STM, Art. 1; 4-28-1986 ATM, Arts. 38, 40; 4-25-1994 ATM, Arts. 22, 24A; 5-28-1996 ATM, Art. 22; 5-27-1997 ATM, Arts. 8, 9; 5-29-2001 ATM, Art. 25; 5-31-2005 ATM, Art. 38; 5-27-2008 ATM, Art. 20; 5-31-2011 ATM, Arts. 25, 28; 5-29-2012 ATM, Art. 20; 5-27-2014 ATM, Art. 25; 5-28-2019 ATM by Arts. 27, 28]

					Districts
Activity or Use			R-1, R-2	R-3	C	I
AGRICULTURAL USES
	Agricultural and related uses exempted from zoning prohibition by MGL c. 40A, § 3¹		yes	yes	yes	yes
	Livestock raising on parcel under 5 acres²		no⁵	yes	no	yes
	Other farm		yes	yes	yes	yes
	Greenhouse with retail sales³		yes	yes	yes	yes
		wholesale only	yes	yes	yes	yes
	Roadside stand		yes	yes	yes	yes
COMMERCIAL USES
	Animal kennel or hospital		no	BA	BA	BA
	Business or professional offices		no	no	yes	yes
	Funeral home		no	no	yes	yes
	Marijuana establishment		no	no	no	PB
	Marijuana retailer		no¹⁸	no	PB	PB
	Auto, boat or farm equipment sales, rental, service		no	no	yes	yes
	Print shop		no	no	yes	yes
	Bank, financial office		no	no	yes	yes
	Restaurant		no	no⁶	yes	yes
	Retail sales or service		no	no⁶	yes	yes
	Wholesaling without storage		no	no	yes	yes
INDUSTRIAL USES
	Light manufacturing for on-site sales⁴		no	no	yes	yes
	Other light manufacturing, research or development		no	no	BA	yes
	Bulk storage		no	no	no	yes
	Contractor's yard		no	no	no	yes
	Earth removal⁷		BS¹⁵	BS¹⁵	yes	yes
	Junkyard, secondhand auto parts		no	BA	no	yes
	Transportation terminal		no	no	BA	yes
	Warehouses		no	no	BA	yes
	Commercial radio transmission		no	no	BA	yes
	Personal wireless service facilities in accordance with § 123-23.4		PB	PB	PB	PB
	Laundry or dry-cleaning plant		no	no	BA	yes
	Wind energy facility in accordance with § 123-23.5		PB	PB	PB	PB
	Commercial solar photovoltaic facility in accordance with § 123-23.6		no	no	no	PB
	Renewable or alternative energy manufacturing facility		no	no	PB	yes¹⁷
	Renewable or alternative energy research and development facility		no	no	PB	yes¹⁷
INSTITUTIONAL USES
	Municipal use		yes	yes	yes	yes
	Religious use		yes	yes	yes	yes
	Educational use exempted from zoning prohibition by MGL c. 40A, § 3		yes	yes	yes	yes
	Other educational use		BA	BA	BA	BA
	Cemetery		yes	yes	yes	yes
	Hospital		BA	BA	BA	BA
	Nursing, convalescent or rest home		BA	BA	BA	BA
	Philanthropic or charitable institutions		BA	BA	yes	yes
	Public utility with service area		no	BA	yes	yes
	Public utility without service area		BA	BA	yes	BA
	Club or lodge		BA⁸	BA⁸	yes	yes
	Assisted living facility		BA	BA	BA	BA
	Medical marijuana facility		no	no	no	PB
RECREATIONAL USES
	Campground		no	BA	yes	no
	Camping, supervised		BA	yes	yes	yes
	Golf course, standard or par-three		yes	yes	yes	yes
	Indoor commercial recreation		no	no	yes	yes
	Sportsman's club; game preserve		BA	yes	yes	yes
	Public stables		no	BA	BA	BA
	Bathhouses; commercial beaches		BA	yes	yes	BA
	Commercial picnic; outing areas		BA	BA	yes	yes
	Extensive resort		no	BA	BA	BA
	Major spectator center		no	BS¹¹	BS¹¹	BS¹¹
	Other outdoor commercial recreation		no	no	yes	yes
RESIDENTIAL USES
	Dwelling
		Single-family	yes	yes	yes	no¹³
		Two-family	yes	yes	yes	no
		Multifamily⁹	no	no	PB	no
	Boarding or rooming		no	no	yes	no
	Motel, hotel		no	no¹²	yes	yes
	Mobile home¹⁰ or mobile home park		no	no	no	no
	Public housing		yes	yes	yes	no
	Flexible residential development		PB	PB	PB	PB
OTHER PRINCIPAL USES
	Temporary structures		BA	BA	yes	BA
	Airport; heliport		no	no	yes	yes
	Conversion of a municipal building (See § 123-22)		BA	BA	BA	BA
ACCESSORY USES
	Home occupation¹⁴		yes	yes	yes	yes
	Accessory apartment¹⁶		PB	PB	PB	no
	Parking of:
		Private autos of residents on premises	yes	yes	yes	yes
		One light commercial vehicle	yes	yes	yes	yes
		Two or more light commercial vehicles or any number of heavy commercial vehicles	no	BA	yes	yes
		Farm equipment on farms	yes	yes	yes	yes
		Parking in excess of above	no	BA	yes	yes
	Signs (See § 123-17)		yes	yes	yes	yes
	Private stable		yes	yes	yes	yes
	Swimming pool		yes	yes	yes	yes
	Accessory scientific use in accordance with § 123-20		BA	BA	BA	BA
	Flea market		no	no	yes	yes
	Yard sale		yes	yes	yes	yes
	Other customary accessory uses		yes	yes	yes	yes

NOTES:
¹ Such uses must be located on parcels of five or more acres.
² No building to house livestock shall be within 60 feet of the street line or 40 feet of any other property line.
³ At least 3/4 of the retail sales must be of produce raised on land within the Town of Blackstone in the same ownership as the stand or greenhouse.
⁴ More than half of the volume sold at retail on the premises.
⁵ Except yes on parcels of at least three acres, in a R-1, R-2 District.
⁶ Except BA within an extensive resort.
⁷ Subject to Town bylaw.
⁸ Except those whose chief activity is one customarily carried on as a business.
⁹ Except PB at any location in the Multifamily Overlay District or the Village Overlay District.
¹⁰ See § 123-21.
¹¹ To be approved by the Board of Selectmen only if the criteria of § 123-4C are met and if not more than 10 dwellings exist within 100 feet of any proposed structure or parking area at the time of application.
¹² Except BA within an extensive resort.
¹³ Except single-family dwelling for personnel required to reside on the premises for the safe operation of a permitted use.
¹⁴ See § 123-20.
¹⁵ Except "yes" for continuation of operations on a parcel on which, as of the date of adoption of this provision, removal was authorized under a standard operations permit granted under § 109-5 of the Code of the Town of Blackstone. See § 123-23.3 for special permit procedures and criteria.
¹⁶ See § 123-20E.
¹⁷ The site plan permitting process for these uses shall be completed within 12 months of receipt of a complete application unless an extension is mutually agreed to by the applicant and the Planning Board. The Planning Board shall make a determination of completeness within 45 days of receipt.
¹⁸ Except for sites that abut a Commercial or Industrial District and that have previously been used for commercial purposes, as set forth in § 123-27C.

§ 123-12 Intensity of use regulations.

All buildings hereafter erected in any district shall be located on a lot such that all of the requirements set forth in the following table[1] are conformed to, except where specifically exempted by this chapter or by general law.

Editor's Note: See § 123-13, Intensity of use schedule.

No existing lot shall be changed in size or shape except through a public taking so as to result in violation of the requirements set forth below.

Isolated lots. Any increase in lot area, frontage, yard or coverage requirements of this chapter shall not apply to erection, extension, alteration or moving of a structure on a legally created lot not meeting current requirements, provided that the applicant documents that:

[Amended by 1-9-1978 STM, Art. 5]

At the time such increased requirement became applicable to it, the lot:

[Amended 6-9-1986 STM, Art. 2]

Had at least 5,000 square feet of lot area and 50 feet of frontage on a street;

Was held in ownership separate from all other lots having frontage within 1,000 feet on that same street or was held in ownership separate from all other except one abutting lot, where the owner of both lots resided on one of them at the time it became nonconforming; and

Conformed to then-existing dimensional requirements.

Yards.

[Added by 4-26-1993 ATM, Art. 46]

Yards shall not be less than the following:

	Required Yard (feet)
Actual Frontage (feet)	Front	Side or Rear
Less than 100	20	8
100 to 140	20	10
More than 140	30	15

Such nonconforming lots may be changed in size or shape or their land area recombined without losing this exemption, so long as the change does not increase the actual or potential number of buildable lots.

The lot is not to be used for multifamily use.

Where no street line has been established or can be readily determined, such line shall be assumed to be 25 feet from the center of the traveled roadway for the purpose of applying these regulations.

Other provisions notwithstanding, no building, parking area or leaching field shall be located within 50 horizontal feet of the normal bank of any stream having a year-round running flow of water or of any pond containing 1,000 square feet or more of water 11 months of the year, except within the Commercial District, to which these provisions do not apply.

[Added by 11-7-1968 STM, Art. 10; amended by 6-26-1969 STM, Art. 2]

Multiple principal uses on the same lot each must meet the dimensional requirements of § 123-13 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.[2]

[Added by 12-28-1972 STM, Art. 4]

Editor's Note: See Ch. 191, Subdivision of Land.

To ensure compliance with these regulations, stakes shall be set at each lot corner by a registered land surveyor, and the Building Inspector shall then be given two working days' notice prior to pouring of any foundations.

[Added by 9-25-1975 STM, Art. 8]

Lot shape. No lot shall be created so as to be so irregularly shaped or extended that it has a shape factor in excess of 30 for any lot having area in excess of 80,000 square feet or in excess of 22 for any other lot. The shape factor equals the square of lot perimeter divided by the lot area (before deduction for wetland, etc.). That portion of the lot in excess of the required lot area may be excluded from the computation of shape factor using an imaginary lot line, provided that the entire required frontage is included in the portion used for calculation.

[Added by 4-25-1988 ATM, Art. 34[3]; amended by 5-28-1996 ATM, Art. 24]

[3]

Editor's Note: Pursuant to the addition of this subsection by this article, former Subsection H has been redesignated as Subsection I.

Lots having preexisting dwellings. Any lot on which more than one dwelling legally existed at the time of adoption of the Zoning Bylaw may be divided and sold to separate owners, provided that such division shall be made so as to create the minimum of nonconformance, provided that each resulting lot contains at least one of those prezoning dwellings, and provided that each lot has at least 14 feet frontage on a street or a right-of-way to a street.

[Added by 4-25-1981 ATM, Art. 5]

Access and lots.

[Added by 4-29-1991 ATM, Art. 11]

In all districts, minimum lot area shall be increased to five acres (or more if so required by other regulations) and lot frontage shall be increased to 400 feet where access to that lot is only rural, not suburban, based on these standards:

Suburban access provides connection between lots and roads substantially used (2,000 vehicle trips per day or more) via ways which are either already substantially used themselves or are paved to at least 18 feet in width, have sight distances of at least 125 feet, have grades not exceeding 12% for more than 100 feet at any location, have center-line radii of not less than 100 feet and have drainage facilities which prevent flooding, icing or erosion without those facilities themselves creating hazards.

Rural access provides connection to roads substantially used (2,000 vehicle trips per day or more) via ways in which in part or whole do not meet one or more of the standards for suburban access but which do provide minimal access for emergency services or provide the vital access required for the division of land into lots relying upon existing ways.

The Planning Board may approve a special permit for creation of and building on lots having only rural access and having less than five acres lot area and 400 feet lot frontage, but meeting the basic lot area and frontage requirements of § 123-13, upon the Board's determination that peculiarities of that case, such as limitations on land development potential or developer commitment to road improvements, assure that access during and following full development will adequately provide convenience and avoidance of hazard or congestion.

For requirements in the Village Overlay District, see § 123-23.2.

[Added by 4-25-1994 ATM, Art. 22]

Back lot division.

[Added by 5-28-1996 ATM, Art. 27]

A parcel with no other contiguous land in common ownership may be divided into two or three lots, one of which has less than the normally required frontage, and a single-family dwelling may be built on the reduced frontage lot, provided that such division is authorized on a special permit granted by the Planning Board. Such divisions shall be authorized if meeting each of the following, but not otherwise.

The lot having reduced frontage must have frontage of at least 35 feet.

The lot having reduced frontage must contain at least twice as much lot area as otherwise required, without counting any portion of its access strip (the portion of the lot between the street and point where lot width equals 100 feet or more).

The lot having reduced frontage must be capable of containing a square with sides equal to the normally required lot frontage.

All other requirements specified in §§ 123-12 and 123-13, Intensity of Use Schedule, must be met, except that calculations for the requirements of § 123-12H, Lot shape, shall exclude the access strip.

No lot having less frontage than normally required shall be approved by the Planning Board if its access strip abuts another such lot which is or was in the same ownership either at the time of application or at any time within the preceding five years.

(f)

Egress from the created lots must involve no greater hazard owing to grade and visibility limitations than would be normal for a standard lot in the same vicinity.

(g)

Reduction of privacy, damage to the natural environment and difficulties of utility provision must be no greater than would be expected for standard land division at that location.

(h)

The proposal must be determined by the Planning Board to not circumvent the intent of the Subdivision Control Law.[4]

[4]

Editor's Note: See Ch. 191, Subdivision of Land.

Any reduced frontage lot created under these provisions shall be shown and identified on a plan endorsed by the Planning Board "Lot _________ approved for reduced lot frontage."

§ 123-13 Intensity of Use Schedule.

[Amended by 6-26-1969 STM, Art. 2; 6-5-1972 STM, Art. 7; 9-25-1975 STM, Art. 6; 1-9-1978 STM, Art. 5; 12-10-1979 STM, Art. 8; 4-25-1981 STM, Art. 4; 9-24-1984 STM, Art. 1; 11-19-1984 STM, Art. 1; 4-28-1986 ATM, Arts. 38, 40; 4-29-1991 ATM, Art. 11; 5-28-1996 ATM, Arts. 24, 25, 26; 11-8-1999 STM, Art. 19; by 5-29-2001 ATM, Art. 25]

The intensity of use requirements shall be as follows:

			Districts
	R-1^g	R-2	R-3	I	C
Minimum lot area (square feet)^a,e	35,000	65,000	120,000	30,000	15,000
Minimum lot frontage (feet)	150	185	275	140	100^b
Minimum front yard (feet)	25	30	30	30^d	25
Minimum side or rear yard (feet)	15	20	30	20^d	15
Maximum lot coverage (percent)	30	25	25	40	40
Maximum building height (feet)^h	35	35	35	45	45

NOTES:
^aAccess limitations may increase requirements. See § 123-12J, Access and lots. For multifamily use, see § 123-23.
^bPlus 15 feet for each dwelling unit in excess of one.
^cNo building need provide a yard greater than the average of adjoining yards. Corner and through lots shall maintain front yard requirements for both frontages.
^dIncrease to 50 feet for yards facing or adjoining a residential district or use.
^eFor two-family dwelling, increase by 50% the basic requirement.
^f(Reserved)
^gExcept 28,000 square feet in the Multifamily Overlay District as existing on May 1, 1996.
^h See § 123-13.3, Height limitations.

§ 123-13.1 Flexible residential development.

[Added by 4-25-1994 ATM, Art. 24A; amended by 5-27-2008 ATM, Art. 20]

Purpose. The purpose of flexible residential development provisions is to allow greater flexibility and creativity in residential development in order to gain:

Location of development on sites best suited for development, and protection of land not suited for development, reflecting such considerations as:

Permanent preservation of open space for agriculture, conservation, or recreational use, especially in large contiguous areas within the site or linked to off-site protected areas;

Protection of water bodies, streams, wetlands, wildlife habitats, and other conservation resources;

Protection of the character of the community through preserving open space within view from public roads, preservation of stone walls and other historic landscape features, preservation of scenic vistas, and through siting of dwellings at low-visibility locations;

Except within the Village Overlay District or within Commercial Districts, the protection of street appearance and capacity by avoiding residential development close to or having points of egress directly onto such street.

Efficient patterns for construction and maintenance of public facilities and services such as streets and utilities;

Privacy for residents of individual lots; and

Avoidance of unnecessary development cost.

Applicability. Flexible residential development is allowed for any development of three or more lots, but only if granted a special permit by the Planning Board in accordance with the following procedures and requirements. Noncontiguous land either in the same ownership or subject to binding agreements may be incorporated into the same development application, with density and open space determinations made as if all of the land were contained in a single contiguous parcel.

Procedures.

Applicants for flexible residential development are encouraged to meet with the Planning Board for a preapplication conference to allow consideration of general approaches, increasing the likelihood of prompt approval of later plans.

Applications for a special permit for flexible residential development shall include the following, to have been prepared by an interdisciplinary team including a registered land surveyor, a professional engineer and a registered architect or landscape architect unless that requirement is waived by the Planning Board for special circumstances, such as unusually small developments:

A concept plan indicating in a general manner the configuration of access, lots, building siting, reserved open space, landscaping, drainage and utilities, consistent with the drawing requirements for a preliminary subdivision plan under the Subdivision Regulations of the Blackstone Planning Board.[1]

Editor's Note: See Ch. 191, Subdivision of Land.

Narrative, graphic, and tabular materials describing the proposal, including the number and size of dwelling units; proposed project phasing; and any provisions being made to target special occupancies, such as for the elderly or for affordable housing.

Any additional information necessary to evaluate the plan relative to the purposes of flexible residential development listed at § 123-13.1A, to make the determinations and assessments cited in § 123-13.1G, Decision, and to demonstrate compliance with the standards of this bylaw.

Dimensional requirements. Developments within a flexible residential development shall be subject to the following in lieu of the lot area, frontage and yard requirements of § 123-13, Intensity of Use Schedule:

Basic number of lots. The basic number of building lots or dwelling units which may be created from any parcel shall be the number of units of the same type (single-family, two-family, or multifamily) which reasonably could be expected to be built upon that parcel under a conventional subdivision plan. That determination shall be made by the Planning Board in consideration of how much of the land is actually buildable in compliance with all applicable development requirements of the Town and state and based upon review of a sketch conventional plan submitted by the applicant showing division in compliance with the dimensional standards of § 123-13, Intensity of Use Schedule.

Lot area. There is no categorical minimum lot area required. Individual lot area need only be that necessary for meeting building yard requirements (where applicable), off-street parking, and location of any on-site water supply and sewage disposal facilities.

Frontage. There is no categorical minimum frontage required, except that the development as a whole shall have at least that frontage required for a single-family dwelling under § 123-13. The frontage provided for individual lots being created meet only be that necessary to meet yard requirements and to provide for adequate access to the building site. Where shared driveways or other circumstances render frontage on a street to be of no importance, none is required.

Existing street protection. Lots having reduced area or frontage shall not have frontage on a street other than one created by the development involved, unless specifically authorized by the Planning Board where justified by peculiar site circumstances.

(5)

Yard requirements. Yards as required by § 123-13 shall apply at any boundary line at the perimeter of the flexible residential development, including the existing street line, but are not applicable elsewhere within the development.

Phasing. A phasing schedule must be prepared and submitted as part of the special permit application, to be acted on under § 123-14, Phasing of development.

Open space. Any proposed open space within the development shall either be conveyed to the Town and accepted by it for park or open space use, or be conveyed to a nonprofit organization, the principal purpose of which is the conservation of open space, or be conveyed to a corporation or trust owned by or to be owned by the owners of the lots or residential units within the development. If such a corporation or trust is utilized, ownership thereof shall pass with conveyances of the lots or residential units. In any case where such land is not conveyed to the Town, a restriction enforceable by the Town, or, in any case where such land is conveyed to the Town, enforceable by a nonprofit organization, the principal purpose of which is the conservation of open space, shall be recorded providing that such land shall be kept in an open or natural state and not be built for residential use or developed for accessory uses such as parking or roadway, as provided by MGL c. 40A, § 9, the Zoning Act.

[Amended by 5-27-2014 ATM, Art. 22]

Decision. The Planning Board shall approve or approve with conditions a special permit for flexible residential development, provided that the Board determines that the flexible plan better serves the following than would development not using these provisions:

Section 123-13.1A, purposes of flexible residential development;

Section 123-2C(4), (site plan review design requirements);

Section 123-4C, special permit criteria;

Configuration of development to minimize damage to portions of the site having important habitat, ecosystem, visual, or historic importance.

Endorsement. The plan creating the lots shall be endorsed by the Planning Board as "Approved for Flexible Residential Development." The plan shall also contain the following annotation:

"No further increase in the number of lots shall be allowed through subsequent land division."

§ 123-13.2 Affordable housing.

[Added by 5-28-1996 ATM, Art. 22; amended by 5-31-2005 ATM, Art. 35; 5-27-2008 ATM, Art. 20]

Applicability. At least 10% of the dwelling units created in any residential development of six or more dwelling units shall be affordable, with all fractions of a required affordable dwelling unit rounded downward for developments of five or fewer units, upward for all others, unless granted a special permit by the Planning Board upon determination that an alternative housing effort proposed by the applicant has been found by the Planning Board to make no less contribution than the above towards meeting the goal of providing affordable housing.

Definition of "affordable." "Affordable unit" shall mean a dwelling unit restricted for sale or rental to households having incomes not exceeding "low income" (approximately 80% of the area median income) as annually determined by the U.S. Department of Housing and Urban Development for the statistical region which includes Blackstone, adjusted for household size (assuming one more person in the household than the number of bedrooms), while spending not more of that income on housing than the following:

Paying not more than 30% of income on rent, including utilities and parking.

Paying not more than 33% of income on mortgage principal and interest private mortgage insurance, property taxes, condominium and/or homeowner's association fees, hazard insurance, and parking.

Determination of unit prices and income eligibility shall be consistent with data and methods used by DHCD in determining unit qualification for inclusion on its Chapter 40B Subsidized Housing Inventory.

Density incentive. For developments that include affordable units, the allowed number of dwelling units shall be increased above the number otherwise allowed by a number equal to the number of affordable units required plus twice the number of affordable units proposed in excess of the number required, to a maximum increase of 50%. For example, if for a parcel otherwise allowed to have 14 dwelling units it is proposed to meet the affordability requirement by having the minimum two affordable units, then the total units allowed would equal 14 plus two or 16 units. If, instead, one affordable unit in addition to those required were proposed, then, in addition to those 16 allowed units, two more units would be allowed, one affordable and one market rate, for a total of 18 units.

Lot area and frontage. The lot area and frontage requirements of § 123-13, Intensity of Use Schedule, shall be reduced for the entire development by the same percentage as that by which the allowable number of dwelling units is being increased. For example, allowing a bonus of two units in addition to the 14 units otherwise allowed would be an increase of 14%, allowing frontage and lot area requirements to be reduced by 14% of those shown in § 123-13, Intensity of Use Schedule.

Continuing affordability. Using deed restrictions or other means, continuing affordability shall be assured for the life of the development or until this bylaw provision is amended to require only a shorter period.

Marketing and local preference. The developer shall provide to the Planning Board for its approval a marketing and local preference plan for the affordable units, consistent with state and federal fair housing requirements. Local preference shall be assured for half of the affordable units, giving first preference to current and previous residents of the Town, and to full- or part-time employees working within the Town.

Appearance and location of affordable units. Location of the affordable units shall be integrated with that of the others, rather than segregated. The exterior appearance of the affordable units shall be compatible with and, except for unit size, essentially indistinguishable from the others.

§ 123-13.3 Height limitations.

[Added by 11-8-1999 STM, Art. 19]

No building or portion thereof or other structure of any kind shall exceed the heights permitted for buildings under § 123-13, Intensity of Use Schedule, except the following:

Chimneys, towers, spires, cupolas, antennas or other projections of or attachments to a building but not potentially used for human habitation, provided that they do not exceed the height of the building by more than 10 feet or 20% of building height, whichever is the greater; or

A structure or projection not used for human habitation and not permitted by the above, provided that it is authorized for that height by special permit from the Board of Appeals, upon determination by the Board the proposed height is functionally important for the use, and that the structure or projection and its use will not result in threats to health, safety or visual compatibility with the surroundings and, in the case of an antenna for use by a federally licensed amateur radio operator, that any restriction so imposed complies with the provisions of MGL c. 40A, § 3, dealing with such antennas.

§ 123-14 Phasing of development.

[Added by 12-10-1979 STM, Art. 10; amended by 4-7-1980 ATM, Art. 18; 5-28-1996 ATM, Art. 23; 10-21-1996 STM, Art. 2; 5-31-2005 ATM, Art. 36; 5-27-2008 ATM, Art. 19]

Applicability and intent. Flexible residential developments seeking special permits under § 123-13.1 and multifamily developments seeking special permits under § 123-23 must submit development phasing schedules for approval under this section unless exempted from phasing requirements by § 123-13.2. The intent of requiring phasing schedules is to coordinate the pace of private development and changes in the public infrastructure that services it, while giving consideration to the development’s contribution to meeting both housing and service facility needs of all population groups.

Basic requirements. A proposed development schedule shall be approved as part of the special permit authorizing the development if it schedules development per twelve-month period to be no higher than the larger of 10 housing units or 10% of the total number of housing units in the development, with fractions of 1/2 required dwelling unit or less rounded downward, and other fractions rounded upward to a whole figure. A larger number of units for one or more periods may be approved by the Planning Board if in acting on the special permit application it determines that doing so is consistent with the intent of this section, giving consideration to the following:

Whether the level of initial development costs being incurred by the developer, such as infrastructure improvements, justifies a more rapid initial rate of development.

The salience of the development in meeting identified housing needs of the Town or the region, making early availability of the units a special benefit.

The time needed for the capacity of public infrastructure to adequately service the development, taking into consideration any contribution the development may be making towards meeting those needs, and facility improvements scheduled in the most recently approved Town Capital Improvements Plan.

Relationship between the rate of housing development proposed by the phasing and the Blackstone housing market’s absorption rate, as reflected in ten-year trends in the number of housing units authorized in the Town through building permits.

Expiration. Section 123-14 shall expire December 31, 2013, unless it is earlier extended through amendment of this provision. Upon its expiration, any timing limitations previously placed on building permit availability and any housing cost or income eligibility stipulations upon which permits were earlier qualified shall remain in full force and effect.

Protection against zoning change. Any protections against zoning change provided by this bylaw (e.g., § 123-10) or by statute (e.g., MGL c. 40A, § 6 unless extending beyond the term of the phasing schedule shall be extended to the end of that schedule.

Blackstone City Zoning Code

ARTICLE II

Establishment of Districts; Use and Intensity Regulations

§ 123-8 Establishment of districts; interpretation of boundaries.

Establishment of districts.

For the purposes of this chapter, the Town of Blackstone is hereby divided into the following types of districts:[1]

[Amended by 6-26-1969 STM, Art. 2; 4-28-1986 ATM, Art. 38; 5-29-2001 ATM, Art. 25]

	Residence Districts	R1 R2 R3
	Industrial District	I
	Commercial District	C

Editor's Note: General District G, which originally appeared in the following enumeration of districts, was repealed by 6-26-1969 STM, Art. 2.

Editor's Note: The Zoning Map is included in the pocket part at the end of this volume.

In addition, there are five overlay districts:

[Added by 9-24-1984 STM, Art. 1; amended by 11-19-1984 STM, Art. 1; 4-25-1988 ATM, Art. 7; 4-25-1994 ATM, Art. 22; 5-27-2003 ATM, Art. 17]

The Multifamily Overlay District as defined and bounded on the Zoning Map.

The Flood Hazard District, as defined in § 123-19A.

The Groundwater Protection District, as defined on the Groundwater Protection Map.

The Village Overlay District, as defined and bounded on the Zoning Map.

The Special Resource Overlay District, as defined at Subsection B(3) of § 123-2.

§ 123-9 Use regulations.

No building or structure shall be erected or used and no land shall be used except as set forth in the Use Schedule,[1] or as exempted by § 123-5 or by statute.

[Amended by 2-15-1975 STM, Art. 1; 1-9-1978 STM, Art. 5]

Symbols employed shall mean the following:

	Yes - A permitted use
	No - An excluded or prohibited use

Uses authorized under special permit as provided for in §§ 123-4 and 123-11:

	BA - Acted on by Board of Appeals
	PB - Acted on by Planning Board
	BS - Acted on by Board of Selectmen

Editor's Note: See § 123-11, Use schedule.

§ 123-10 Nonconforming uses and structures.

[Amended by 12-28-1972 STM, Art. 5; 1-9-1978 STM, Art. 5]

Abandonment. A nonconforming use which has been abandoned, or discontinued for a period of two years, shall not be reestablished, and any future use of the premises shall conform to this chapter.

[Amended by 5-31-2011 ATM, Art. 24]

Obtaining permits or licenses related to operation of the nonconforming use.

Undertaking renovations clearly intended to facilitate continued operation of the nonconforming use.

Ordering equipment and/or supplies associated with the nonconforming use.

A residential use shall be considered abandoned or discontinued if:

The building or structure is voluntarily demolished prior to obtaining a special permit to replace it from the Board of Appeals; or

§ 123-11 Use Schedule.

					Districts
Activity or Use			R-1, R-2	R-3	C	I
AGRICULTURAL USES
	Agricultural and related uses exempted from zoning prohibition by MGL c. 40A, § 3¹		yes	yes	yes	yes
	Livestock raising on parcel under 5 acres²		no⁵	yes	no	yes
	Other farm		yes	yes	yes	yes
	Greenhouse with retail sales³		yes	yes	yes	yes
		wholesale only	yes	yes	yes	yes
	Roadside stand		yes	yes	yes	yes
COMMERCIAL USES
	Animal kennel or hospital		no	BA	BA	BA
	Business or professional offices		no	no	yes	yes
	Funeral home		no	no	yes	yes
	Marijuana establishment		no	no	no	PB
	Marijuana retailer		no¹⁸	no	PB	PB
	Auto, boat or farm equipment sales, rental, service		no	no	yes	yes
	Print shop		no	no	yes	yes
	Bank, financial office		no	no	yes	yes
	Restaurant		no	no⁶	yes	yes
	Retail sales or service		no	no⁶	yes	yes
	Wholesaling without storage		no	no	yes	yes
INDUSTRIAL USES
	Light manufacturing for on-site sales⁴		no	no	yes	yes
	Other light manufacturing, research or development		no	no	BA	yes
	Bulk storage		no	no	no	yes
	Contractor's yard		no	no	no	yes
	Earth removal⁷		BS¹⁵	BS¹⁵	yes	yes
	Junkyard, secondhand auto parts		no	BA	no	yes
	Transportation terminal		no	no	BA	yes
	Warehouses		no	no	BA	yes
	Commercial radio transmission		no	no	BA	yes
	Personal wireless service facilities in accordance with § 123-23.4		PB	PB	PB	PB
	Laundry or dry-cleaning plant		no	no	BA	yes
	Wind energy facility in accordance with § 123-23.5		PB	PB	PB	PB
	Commercial solar photovoltaic facility in accordance with § 123-23.6		no	no	no	PB
	Renewable or alternative energy manufacturing facility		no	no	PB	yes¹⁷
	Renewable or alternative energy research and development facility		no	no	PB	yes¹⁷
INSTITUTIONAL USES
	Municipal use		yes	yes	yes	yes
	Religious use		yes	yes	yes	yes
	Educational use exempted from zoning prohibition by MGL c. 40A, § 3		yes	yes	yes	yes
	Other educational use		BA	BA	BA	BA
	Cemetery		yes	yes	yes	yes
	Hospital		BA	BA	BA	BA
	Nursing, convalescent or rest home		BA	BA	BA	BA
	Philanthropic or charitable institutions		BA	BA	yes	yes
	Public utility with service area		no	BA	yes	yes
	Public utility without service area		BA	BA	yes	BA
	Club or lodge		BA⁸	BA⁸	yes	yes
	Assisted living facility		BA	BA	BA	BA
	Medical marijuana facility		no	no	no	PB
RECREATIONAL USES
	Campground		no	BA	yes	no
	Camping, supervised		BA	yes	yes	yes
	Golf course, standard or par-three		yes	yes	yes	yes
	Indoor commercial recreation		no	no	yes	yes
	Sportsman's club; game preserve		BA	yes	yes	yes
	Public stables		no	BA	BA	BA
	Bathhouses; commercial beaches		BA	yes	yes	BA
	Commercial picnic; outing areas		BA	BA	yes	yes
	Extensive resort		no	BA	BA	BA
	Major spectator center		no	BS¹¹	BS¹¹	BS¹¹
	Other outdoor commercial recreation		no	no	yes	yes
RESIDENTIAL USES
	Dwelling
		Single-family	yes	yes	yes	no¹³
		Two-family	yes	yes	yes	no
		Multifamily⁹	no	no	PB	no
	Boarding or rooming		no	no	yes	no
	Motel, hotel		no	no¹²	yes	yes
	Mobile home¹⁰ or mobile home park		no	no	no	no
	Public housing		yes	yes	yes	no
	Flexible residential development		PB	PB	PB	PB
OTHER PRINCIPAL USES
	Temporary structures		BA	BA	yes	BA
	Airport; heliport		no	no	yes	yes
	Conversion of a municipal building (See § 123-22)		BA	BA	BA	BA
ACCESSORY USES
	Home occupation¹⁴		yes	yes	yes	yes
	Accessory apartment¹⁶		PB	PB	PB	no
	Parking of:
		Private autos of residents on premises	yes	yes	yes	yes
		One light commercial vehicle	yes	yes	yes	yes
		Two or more light commercial vehicles or any number of heavy commercial vehicles	no	BA	yes	yes
		Farm equipment on farms	yes	yes	yes	yes
		Parking in excess of above	no	BA	yes	yes
	Signs (See § 123-17)		yes	yes	yes	yes
	Private stable		yes	yes	yes	yes
	Swimming pool		yes	yes	yes	yes
	Accessory scientific use in accordance with § 123-20		BA	BA	BA	BA
	Flea market		no	no	yes	yes
	Yard sale		yes	yes	yes	yes
	Other customary accessory uses		yes	yes	yes	yes

NOTES:
¹ Such uses must be located on parcels of five or more acres.
² No building to house livestock shall be within 60 feet of the street line or 40 feet of any other property line.
³ At least 3/4 of the retail sales must be of produce raised on land within the Town of Blackstone in the same ownership as the stand or greenhouse.
⁴ More than half of the volume sold at retail on the premises.
⁵ Except yes on parcels of at least three acres, in a R-1, R-2 District.
⁶ Except BA within an extensive resort.
⁷ Subject to Town bylaw.
⁸ Except those whose chief activity is one customarily carried on as a business.
⁹ Except PB at any location in the Multifamily Overlay District or the Village Overlay District.
¹⁰ See § 123-21.
¹¹ To be approved by the Board of Selectmen only if the criteria of § 123-4C are met and if not more than 10 dwellings exist within 100 feet of any proposed structure or parking area at the time of application.
¹² Except BA within an extensive resort.
¹³ Except single-family dwelling for personnel required to reside on the premises for the safe operation of a permitted use.
¹⁴ See § 123-20.
¹⁵ Except "yes" for continuation of operations on a parcel on which, as of the date of adoption of this provision, removal was authorized under a standard operations permit granted under § 109-5 of the Code of the Town of Blackstone. See § 123-23.3 for special permit procedures and criteria.
¹⁶ See § 123-20E.
¹⁷ The site plan permitting process for these uses shall be completed within 12 months of receipt of a complete application unless an extension is mutually agreed to by the applicant and the Planning Board. The Planning Board shall make a determination of completeness within 45 days of receipt.
¹⁸ Except for sites that abut a Commercial or Industrial District and that have previously been used for commercial purposes, as set forth in § 123-27C.

§ 123-12 Intensity of use regulations.

Editor's Note: See § 123-13, Intensity of use schedule.

No existing lot shall be changed in size or shape except through a public taking so as to result in violation of the requirements set forth below.

[Amended by 1-9-1978 STM, Art. 5]

At the time such increased requirement became applicable to it, the lot:

[Amended 6-9-1986 STM, Art. 2]

Had at least 5,000 square feet of lot area and 50 feet of frontage on a street;

Conformed to then-existing dimensional requirements.

Yards.

[Added by 4-26-1993 ATM, Art. 46]

Yards shall not be less than the following:

	Required Yard (feet)
Actual Frontage (feet)	Front	Side or Rear
Less than 100	20	8
100 to 140	20	10
More than 140	30	15

The lot is not to be used for multifamily use.

Where no street line has been established or can be readily determined, such line shall be assumed to be 25 feet from the center of the traveled roadway for the purpose of applying these regulations.

[Added by 11-7-1968 STM, Art. 10; amended by 6-26-1969 STM, Art. 2]

[Added by 12-28-1972 STM, Art. 4]

Editor's Note: See Ch. 191, Subdivision of Land.

[Added by 9-25-1975 STM, Art. 8]

[Added by 4-25-1988 ATM, Art. 34[3]; amended by 5-28-1996 ATM, Art. 24]

[3]

Editor's Note: Pursuant to the addition of this subsection by this article, former Subsection H has been redesignated as Subsection I.

[Added by 4-25-1981 ATM, Art. 5]

Access and lots.

[Added by 4-29-1991 ATM, Art. 11]

For requirements in the Village Overlay District, see § 123-23.2.

[Added by 4-25-1994 ATM, Art. 22]

Back lot division.

[Added by 5-28-1996 ATM, Art. 27]

The lot having reduced frontage must have frontage of at least 35 feet.

The lot having reduced frontage must be capable of containing a square with sides equal to the normally required lot frontage.

(f)

Egress from the created lots must involve no greater hazard owing to grade and visibility limitations than would be normal for a standard lot in the same vicinity.

(g)

Reduction of privacy, damage to the natural environment and difficulties of utility provision must be no greater than would be expected for standard land division at that location.

(h)

The proposal must be determined by the Planning Board to not circumvent the intent of the Subdivision Control Law.[4]

[4]

Editor's Note: See Ch. 191, Subdivision of Land.

Any reduced frontage lot created under these provisions shall be shown and identified on a plan endorsed by the Planning Board "Lot _________ approved for reduced lot frontage."

§ 123-13 Intensity of Use Schedule.

The intensity of use requirements shall be as follows:

			Districts
	R-1^g	R-2	R-3	I	C
Minimum lot area (square feet)^a,e	35,000	65,000	120,000	30,000	15,000
Minimum lot frontage (feet)	150	185	275	140	100^b
Minimum front yard (feet)	25	30	30	30^d	25
Minimum side or rear yard (feet)	15	20	30	20^d	15
Maximum lot coverage (percent)	30	25	25	40	40
Maximum building height (feet)^h	35	35	35	45	45

NOTES:
^aAccess limitations may increase requirements. See § 123-12J, Access and lots. For multifamily use, see § 123-23.
^bPlus 15 feet for each dwelling unit in excess of one.
^cNo building need provide a yard greater than the average of adjoining yards. Corner and through lots shall maintain front yard requirements for both frontages.
^dIncrease to 50 feet for yards facing or adjoining a residential district or use.
^eFor two-family dwelling, increase by 50% the basic requirement.
^f(Reserved)
^gExcept 28,000 square feet in the Multifamily Overlay District as existing on May 1, 1996.
^h See § 123-13.3, Height limitations.

§ 123-13.1 Flexible residential development.

[Added by 4-25-1994 ATM, Art. 24A; amended by 5-27-2008 ATM, Art. 20]

Purpose. The purpose of flexible residential development provisions is to allow greater flexibility and creativity in residential development in order to gain:

Location of development on sites best suited for development, and protection of land not suited for development, reflecting such considerations as:

Permanent preservation of open space for agriculture, conservation, or recreational use, especially in large contiguous areas within the site or linked to off-site protected areas;

Protection of water bodies, streams, wetlands, wildlife habitats, and other conservation resources;

Efficient patterns for construction and maintenance of public facilities and services such as streets and utilities;

Privacy for residents of individual lots; and

Avoidance of unnecessary development cost.

Procedures.

Editor's Note: See Ch. 191, Subdivision of Land.

Phasing. A phasing schedule must be prepared and submitted as part of the special permit application, to be acted on under § 123-14, Phasing of development.

[Amended by 5-27-2014 ATM, Art. 22]

Section 123-13.1A, purposes of flexible residential development;

Section 123-2C(4), (site plan review design requirements);

Section 123-4C, special permit criteria;

Configuration of development to minimize damage to portions of the site having important habitat, ecosystem, visual, or historic importance.

Endorsement. The plan creating the lots shall be endorsed by the Planning Board as "Approved for Flexible Residential Development." The plan shall also contain the following annotation:

"No further increase in the number of lots shall be allowed through subsequent land division."

§ 123-13.2 Affordable housing.

[Added by 5-28-1996 ATM, Art. 22; amended by 5-31-2005 ATM, Art. 35; 5-27-2008 ATM, Art. 20]

Paying not more than 30% of income on rent, including utilities and parking.

Paying not more than 33% of income on mortgage principal and interest private mortgage insurance, property taxes, condominium and/or homeowner's association fees, hazard insurance, and parking.

§ 123-13.3 Height limitations.

[Added by 11-8-1999 STM, Art. 19]

No building or portion thereof or other structure of any kind shall exceed the heights permitted for buildings under § 123-13, Intensity of Use Schedule, except the following:

§ 123-14 Phasing of development.

[Added by 12-10-1979 STM, Art. 10; amended by 4-7-1980 ATM, Art. 18; 5-28-1996 ATM, Art. 23; 10-21-1996 STM, Art. 2; 5-31-2005 ATM, Art. 36; 5-27-2008 ATM, Art. 19]

Whether the level of initial development costs being incurred by the developer, such as infrastructure improvements, justifies a more rapid initial rate of development.

The salience of the development in meeting identified housing needs of the Town or the region, making early availability of the units a special benefit.

Blackstone City Zoning Code

ARTICLE II

Establishment of Districts; Use and Intensity Regulations

§ 123-8 Establishment of districts; interpretation of boundaries.

Establishment of districts.

For the purposes of this chapter, the Town of Blackstone is hereby divided into the following types of districts:[1]

[Amended by 6-26-1969 STM, Art. 2; 4-28-1986 ATM, Art. 38; 5-29-2001 ATM, Art. 25]

	Residence Districts	R1 R2 R3
	Industrial District	I
	Commercial District	C

Editor's Note: General District G, which originally appeared in the following enumeration of districts, was repealed by 6-26-1969 STM, Art. 2.

Editor's Note: The Zoning Map is included in the pocket part at the end of this volume.

In addition, there are five overlay districts:

[Added by 9-24-1984 STM, Art. 1; amended by 11-19-1984 STM, Art. 1; 4-25-1988 ATM, Art. 7; 4-25-1994 ATM, Art. 22; 5-27-2003 ATM, Art. 17]

The Multifamily Overlay District as defined and bounded on the Zoning Map.

The Flood Hazard District, as defined in § 123-19A.

The Groundwater Protection District, as defined on the Groundwater Protection Map.

The Village Overlay District, as defined and bounded on the Zoning Map.

The Special Resource Overlay District, as defined at Subsection B(3) of § 123-2.

§ 123-9 Use regulations.

No building or structure shall be erected or used and no land shall be used except as set forth in the Use Schedule,[1] or as exempted by § 123-5 or by statute.

[Amended by 2-15-1975 STM, Art. 1; 1-9-1978 STM, Art. 5]

Symbols employed shall mean the following:

	Yes - A permitted use
	No - An excluded or prohibited use

Uses authorized under special permit as provided for in §§ 123-4 and 123-11:

	BA - Acted on by Board of Appeals
	PB - Acted on by Planning Board
	BS - Acted on by Board of Selectmen

Editor's Note: See § 123-11, Use schedule.

§ 123-10 Nonconforming uses and structures.

[Amended by 12-28-1972 STM, Art. 5; 1-9-1978 STM, Art. 5]

Abandonment. A nonconforming use which has been abandoned, or discontinued for a period of two years, shall not be reestablished, and any future use of the premises shall conform to this chapter.

[Amended by 5-31-2011 ATM, Art. 24]

Obtaining permits or licenses related to operation of the nonconforming use.

Undertaking renovations clearly intended to facilitate continued operation of the nonconforming use.

Ordering equipment and/or supplies associated with the nonconforming use.

A residential use shall be considered abandoned or discontinued if:

The building or structure is voluntarily demolished prior to obtaining a special permit to replace it from the Board of Appeals; or

§ 123-11 Use Schedule.

					Districts
Activity or Use			R-1, R-2	R-3	C	I
AGRICULTURAL USES
	Agricultural and related uses exempted from zoning prohibition by MGL c. 40A, § 3¹		yes	yes	yes	yes
	Livestock raising on parcel under 5 acres²		no⁵	yes	no	yes
	Other farm		yes	yes	yes	yes
	Greenhouse with retail sales³		yes	yes	yes	yes
		wholesale only	yes	yes	yes	yes
	Roadside stand		yes	yes	yes	yes
COMMERCIAL USES
	Animal kennel or hospital		no	BA	BA	BA
	Business or professional offices		no	no	yes	yes
	Funeral home		no	no	yes	yes
	Marijuana establishment		no	no	no	PB
	Marijuana retailer		no¹⁸	no	PB	PB
	Auto, boat or farm equipment sales, rental, service		no	no	yes	yes
	Print shop		no	no	yes	yes
	Bank, financial office		no	no	yes	yes
	Restaurant		no	no⁶	yes	yes
	Retail sales or service		no	no⁶	yes	yes
	Wholesaling without storage		no	no	yes	yes
INDUSTRIAL USES
	Light manufacturing for on-site sales⁴		no	no	yes	yes
	Other light manufacturing, research or development		no	no	BA	yes
	Bulk storage		no	no	no	yes
	Contractor's yard		no	no	no	yes
	Earth removal⁷		BS¹⁵	BS¹⁵	yes	yes
	Junkyard, secondhand auto parts		no	BA	no	yes
	Transportation terminal		no	no	BA	yes
	Warehouses		no	no	BA	yes
	Commercial radio transmission		no	no	BA	yes
	Personal wireless service facilities in accordance with § 123-23.4		PB	PB	PB	PB
	Laundry or dry-cleaning plant		no	no	BA	yes
	Wind energy facility in accordance with § 123-23.5		PB	PB	PB	PB
	Commercial solar photovoltaic facility in accordance with § 123-23.6		no	no	no	PB
	Renewable or alternative energy manufacturing facility		no	no	PB	yes¹⁷
	Renewable or alternative energy research and development facility		no	no	PB	yes¹⁷
INSTITUTIONAL USES
	Municipal use		yes	yes	yes	yes
	Religious use		yes	yes	yes	yes
	Educational use exempted from zoning prohibition by MGL c. 40A, § 3		yes	yes	yes	yes
	Other educational use		BA	BA	BA	BA
	Cemetery		yes	yes	yes	yes
	Hospital		BA	BA	BA	BA
	Nursing, convalescent or rest home		BA	BA	BA	BA
	Philanthropic or charitable institutions		BA	BA	yes	yes
	Public utility with service area		no	BA	yes	yes
	Public utility without service area		BA	BA	yes	BA
	Club or lodge		BA⁸	BA⁸	yes	yes
	Assisted living facility		BA	BA	BA	BA
	Medical marijuana facility		no	no	no	PB
RECREATIONAL USES
	Campground		no	BA	yes	no
	Camping, supervised		BA	yes	yes	yes
	Golf course, standard or par-three		yes	yes	yes	yes
	Indoor commercial recreation		no	no	yes	yes
	Sportsman's club; game preserve		BA	yes	yes	yes
	Public stables		no	BA	BA	BA
	Bathhouses; commercial beaches		BA	yes	yes	BA
	Commercial picnic; outing areas		BA	BA	yes	yes
	Extensive resort		no	BA	BA	BA
	Major spectator center		no	BS¹¹	BS¹¹	BS¹¹
	Other outdoor commercial recreation		no	no	yes	yes
RESIDENTIAL USES
	Dwelling
		Single-family	yes	yes	yes	no¹³
		Two-family	yes	yes	yes	no
		Multifamily⁹	no	no	PB	no
	Boarding or rooming		no	no	yes	no
	Motel, hotel		no	no¹²	yes	yes
	Mobile home¹⁰ or mobile home park		no	no	no	no
	Public housing		yes	yes	yes	no
	Flexible residential development		PB	PB	PB	PB
OTHER PRINCIPAL USES
	Temporary structures		BA	BA	yes	BA
	Airport; heliport		no	no	yes	yes
	Conversion of a municipal building (See § 123-22)		BA	BA	BA	BA
ACCESSORY USES
	Home occupation¹⁴		yes	yes	yes	yes
	Accessory apartment¹⁶		PB	PB	PB	no
	Parking of:
		Private autos of residents on premises	yes	yes	yes	yes
		One light commercial vehicle	yes	yes	yes	yes
		Two or more light commercial vehicles or any number of heavy commercial vehicles	no	BA	yes	yes
		Farm equipment on farms	yes	yes	yes	yes
		Parking in excess of above	no	BA	yes	yes
	Signs (See § 123-17)		yes	yes	yes	yes
	Private stable		yes	yes	yes	yes
	Swimming pool		yes	yes	yes	yes
	Accessory scientific use in accordance with § 123-20		BA	BA	BA	BA
	Flea market		no	no	yes	yes
	Yard sale		yes	yes	yes	yes
	Other customary accessory uses		yes	yes	yes	yes

NOTES:
¹ Such uses must be located on parcels of five or more acres.
² No building to house livestock shall be within 60 feet of the street line or 40 feet of any other property line.
³ At least 3/4 of the retail sales must be of produce raised on land within the Town of Blackstone in the same ownership as the stand or greenhouse.
⁴ More than half of the volume sold at retail on the premises.
⁵ Except yes on parcels of at least three acres, in a R-1, R-2 District.
⁶ Except BA within an extensive resort.
⁷ Subject to Town bylaw.
⁸ Except those whose chief activity is one customarily carried on as a business.
⁹ Except PB at any location in the Multifamily Overlay District or the Village Overlay District.
¹⁰ See § 123-21.
¹¹ To be approved by the Board of Selectmen only if the criteria of § 123-4C are met and if not more than 10 dwellings exist within 100 feet of any proposed structure or parking area at the time of application.
¹² Except BA within an extensive resort.
¹³ Except single-family dwelling for personnel required to reside on the premises for the safe operation of a permitted use.
¹⁴ See § 123-20.
¹⁵ Except "yes" for continuation of operations on a parcel on which, as of the date of adoption of this provision, removal was authorized under a standard operations permit granted under § 109-5 of the Code of the Town of Blackstone. See § 123-23.3 for special permit procedures and criteria.
¹⁶ See § 123-20E.
¹⁷ The site plan permitting process for these uses shall be completed within 12 months of receipt of a complete application unless an extension is mutually agreed to by the applicant and the Planning Board. The Planning Board shall make a determination of completeness within 45 days of receipt.
¹⁸ Except for sites that abut a Commercial or Industrial District and that have previously been used for commercial purposes, as set forth in § 123-27C.

§ 123-12 Intensity of use regulations.

Editor's Note: See § 123-13, Intensity of use schedule.

No existing lot shall be changed in size or shape except through a public taking so as to result in violation of the requirements set forth below.

[Amended by 1-9-1978 STM, Art. 5]

At the time such increased requirement became applicable to it, the lot:

[Amended 6-9-1986 STM, Art. 2]

Had at least 5,000 square feet of lot area and 50 feet of frontage on a street;

Conformed to then-existing dimensional requirements.

Yards.

[Added by 4-26-1993 ATM, Art. 46]

Yards shall not be less than the following:

	Required Yard (feet)
Actual Frontage (feet)	Front	Side or Rear
Less than 100	20	8
100 to 140	20	10
More than 140	30	15

The lot is not to be used for multifamily use.

Where no street line has been established or can be readily determined, such line shall be assumed to be 25 feet from the center of the traveled roadway for the purpose of applying these regulations.

[Added by 11-7-1968 STM, Art. 10; amended by 6-26-1969 STM, Art. 2]

[Added by 12-28-1972 STM, Art. 4]

Editor's Note: See Ch. 191, Subdivision of Land.

[Added by 9-25-1975 STM, Art. 8]

[Added by 4-25-1988 ATM, Art. 34[3]; amended by 5-28-1996 ATM, Art. 24]

[3]

Editor's Note: Pursuant to the addition of this subsection by this article, former Subsection H has been redesignated as Subsection I.

[Added by 4-25-1981 ATM, Art. 5]

Access and lots.

[Added by 4-29-1991 ATM, Art. 11]

For requirements in the Village Overlay District, see § 123-23.2.

[Added by 4-25-1994 ATM, Art. 22]

Back lot division.

[Added by 5-28-1996 ATM, Art. 27]

The lot having reduced frontage must have frontage of at least 35 feet.

The lot having reduced frontage must be capable of containing a square with sides equal to the normally required lot frontage.

(f)

Egress from the created lots must involve no greater hazard owing to grade and visibility limitations than would be normal for a standard lot in the same vicinity.

(g)

Reduction of privacy, damage to the natural environment and difficulties of utility provision must be no greater than would be expected for standard land division at that location.

(h)

The proposal must be determined by the Planning Board to not circumvent the intent of the Subdivision Control Law.[4]

[4]

Editor's Note: See Ch. 191, Subdivision of Land.

Any reduced frontage lot created under these provisions shall be shown and identified on a plan endorsed by the Planning Board "Lot _________ approved for reduced lot frontage."

§ 123-13 Intensity of Use Schedule.

The intensity of use requirements shall be as follows:

			Districts
	R-1^g	R-2	R-3	I	C
Minimum lot area (square feet)^a,e	35,000	65,000	120,000	30,000	15,000
Minimum lot frontage (feet)	150	185	275	140	100^b
Minimum front yard (feet)	25	30	30	30^d	25
Minimum side or rear yard (feet)	15	20	30	20^d	15
Maximum lot coverage (percent)	30	25	25	40	40
Maximum building height (feet)^h	35	35	35	45	45

NOTES:
^aAccess limitations may increase requirements. See § 123-12J, Access and lots. For multifamily use, see § 123-23.
^bPlus 15 feet for each dwelling unit in excess of one.
^cNo building need provide a yard greater than the average of adjoining yards. Corner and through lots shall maintain front yard requirements for both frontages.
^dIncrease to 50 feet for yards facing or adjoining a residential district or use.
^eFor two-family dwelling, increase by 50% the basic requirement.
^f(Reserved)
^gExcept 28,000 square feet in the Multifamily Overlay District as existing on May 1, 1996.
^h See § 123-13.3, Height limitations.

§ 123-13.1 Flexible residential development.

[Added by 4-25-1994 ATM, Art. 24A; amended by 5-27-2008 ATM, Art. 20]

Purpose. The purpose of flexible residential development provisions is to allow greater flexibility and creativity in residential development in order to gain:

Location of development on sites best suited for development, and protection of land not suited for development, reflecting such considerations as:

Permanent preservation of open space for agriculture, conservation, or recreational use, especially in large contiguous areas within the site or linked to off-site protected areas;

Protection of water bodies, streams, wetlands, wildlife habitats, and other conservation resources;

Efficient patterns for construction and maintenance of public facilities and services such as streets and utilities;

Privacy for residents of individual lots; and

Avoidance of unnecessary development cost.

Procedures.

Editor's Note: See Ch. 191, Subdivision of Land.

Phasing. A phasing schedule must be prepared and submitted as part of the special permit application, to be acted on under § 123-14, Phasing of development.

[Amended by 5-27-2014 ATM, Art. 22]

Section 123-13.1A, purposes of flexible residential development;

Section 123-2C(4), (site plan review design requirements);

Section 123-4C, special permit criteria;

Configuration of development to minimize damage to portions of the site having important habitat, ecosystem, visual, or historic importance.

Endorsement. The plan creating the lots shall be endorsed by the Planning Board as "Approved for Flexible Residential Development." The plan shall also contain the following annotation:

"No further increase in the number of lots shall be allowed through subsequent land division."

§ 123-13.2 Affordable housing.

[Added by 5-28-1996 ATM, Art. 22; amended by 5-31-2005 ATM, Art. 35; 5-27-2008 ATM, Art. 20]

Paying not more than 30% of income on rent, including utilities and parking.

Paying not more than 33% of income on mortgage principal and interest private mortgage insurance, property taxes, condominium and/or homeowner's association fees, hazard insurance, and parking.

§ 123-13.3 Height limitations.

[Added by 11-8-1999 STM, Art. 19]

No building or portion thereof or other structure of any kind shall exceed the heights permitted for buildings under § 123-13, Intensity of Use Schedule, except the following:

§ 123-14 Phasing of development.

[Added by 12-10-1979 STM, Art. 10; amended by 4-7-1980 ATM, Art. 18; 5-28-1996 ATM, Art. 23; 10-21-1996 STM, Art. 2; 5-31-2005 ATM, Art. 36; 5-27-2008 ATM, Art. 19]

Whether the level of initial development costs being incurred by the developer, such as infrastructure improvements, justifies a more rapid initial rate of development.

The salience of the development in meeting identified housing needs of the Town or the region, making early availability of the units a special benefit.