(a)

Compliance; maximum principal uses. No land shall be used and no structure shall be erected or used except as set forth in the table of principal use regulations in section 34-300, including the notes to the table, or as otherwise set forth herein, or as exempted by Massachusetts General Laws. Any building or use of premises not herein expressly permitted is hereby prohibited. Not more than one principal use shall be allowed on any lot, except as otherwise may be provided herein.

(b)

Symbols. Symbols employed in the table of use regulations shall mean the following:

(c)

Applicability. When an activity might be classified under more than one of the following uses, the more specific classification shall govern; if equally specific, the more restrictive shall govern. Where a use qualifies as a major commercial project, that category shall govern.

(d)

Table of principal use regulations. See appendix C set forth in section 34-300.

(Ord. of 6-20-2005, § 3.1)

(a)

Generally. Accessory uses shall be on the same lot as the principal uses to which they are accessory except as provided in section 34-106(c) and shall not significantly alter the character of the premises on which they are located.

(b)

Floor area. No accessory use or uses within a building other than an accessory garage shall occupy more than a combined total of 25 percent of the floor area of the related approved occupancy permit.

(c)

Location. No accessory building, structure or use shall be located within the required front yard area nor shall be located nearer than five feet to any side or rear lot line except by special permit from the zoning board of appeals and conditional upon the following:

(1)

Adequate access on the lot shall remain for the unobstructed passage of emergency equipment to the rear of the principal building; and

(2)

In the case of a garage, the owner of the lot shall demonstrate that substantial hardship results where the parking is provided in another location or manner, and that such provision would not adversely affect surrounding properties or interfere with the movement of vehicles on the adjacent street.

(d)

Accessory uses available in all districts.

(1)

Accessory scientific uses. Activities accessory to activities otherwise permitted within the district as a matter of right, which activities are necessary in connection with scientific research or scientific development, whether or not on the same parcel as activities permitted as a matter of right, may be authorized in all districts by the grant of special permit by the zoning board of appeals.

(2)

Retail business or personal service establishments. Retail business or personal service establishments conducted within and accessory to a principal building used as a parking facility may be authorized in all districts by the grant of special permit by the zoning board of appeals.

a.

All such accessory uses occupy not more than 5,000 square feet of the floor area of the principal building unless otherwise allowed under special permit.

b.

There shall be no exterior storage of materials or equipment.

(e)

Accessory uses prohibited in all districts. Except as otherwise provided herein, the following accessory uses are prohibited in all districts:

(1)

Nonpermanent residential structures. Nonpermanent residential structures, trailers and mobile homes.

(2)

Nonpermanent nonresidential structures. Nonpermanent nonresidential structures, including trailers, trucks, open air stands and carts used for office space, retail space, wholesale storage or storage accessory to a principal use, except when use applies to provisions of section 34-50(g)(4).

(f)

Accessory uses in the residential districts. In the R1, R2 and NHR districts, the following accessory uses are permitted:

(1)

Home occupation. Home occupation or professional office conducted within and incidental to a principal building used for living purposes, provided that:

a.

It does not change the residential character of such building and neighborhood;

b.

It is operated by a resident of the building and has not more than one employee;

c.

It shall not occupy more than 25 percent of the habitable space, as defined in the state building code;

d.

There is no exterior storage of materials or equipment;

e.

There is no display of signs and products visible from the street;

f.

Only one home occupation shall be permitted per dwelling unit; and

g.

There shall be no retail sale of merchandise on the premises.

(2)

Barbershops. Barbershops shall only be allowed as an accessory use in R1 and R2 districts subject to the conditions set forth in subsection (f)(1) of this section and the following conditions:

a.

There shall be a minimum of three off-street parking spaces on the lot in addition to those required for primary use;

b.

There shall be a maximum of two chairs;

c.

There shall be a separate means of egress for customers;

d.

Services shall be provided by appointment only;

e.

Hours of operation shall be limited to Monday through Saturday from 8:00 a.m. to 5:00 p.m.;

f.

The barbershop shall be handicap accessible;

g.

There shall be a bathroom (handicap) separate from the living space; and

h.

If the barbershop has a maximum of one chair then there shall be a minimum of two off-street parking spaces on the lot in addition to those required for the primary use.

(3)

Parking generally. Parking on public ways is governed by the regulations of the traffic and parking commission. Accessory parking as required in section 34-106 for use solely by residents of the premises is permitted provided that:

a.

An additional parking space may be provided for one commercial vehicle up to 9,500 gvw (gross vehicle weight) for the business purpose of a resident of the premises. By special permit, parking may be authorized for one vehicle larger than the limit set forth in this subsection; and

b.

The parking is on the same lot as the dwelling to which it is accessory.

(4)

Community parking areas. In the case of community parking areas in the R2 and R3 districts only, a community parking area accessory to residential use is allowed by site plan review.

(5)

Accessory buildings. Private accessory structures not operated as part of a business, such as a private greenhouse, work shop, tool shed, bathhouse, garage or swimming pool.

(6)

Motor vehicle operations. No repair, servicing, sale or storage of motor vehicle and vehicle parts may be conducted as an accessory use in any residential district.

(7)

Delivery-only marijuana establishment.

a.

A delivery-only marijuana establishment may be conducted as an accessory use in any residential district provided that no marijuana products are stored at the locus and the requirements of section 34-50(f)(1) and (3) are met.

(g)

Accessory uses in the nonresidential districts. Any use permitted as a principal use is also permitted as an accessory use provided such use is customarily incidental to the main or principal building or use of the land. Any use authorized as a principal use by special permit may also be authorized as an accessory use by special permit provided such use is customarily incidental to the main or principal building or use of the land. Any use not allowed in the district as a principal use is also prohibited as an accessory use. Accessory uses are permitted only in accordance with lawfully existing principal uses. No repair, servicing, sale or storage of motor vehicle and vehicle parts may be conducted as an accessory use. In all instances where site plan review and approval is required for a principal use, the addition of any new accessory use to the principal use, where such addition exceeds the thresholds established in section 34-215, shall also require site plan review and approval.

(1)

Parking area for residential structures. Parking areas serving one or more residential structures are permitted as an accessory use in the BR and W districts.

(2)

Parking lot or garage. A parking lot or garage, solely for the parking of passenger cars of tenants, employees, customers or guests of adjoining buildings or establishments is permitted as an accessory use in all nonresidential districts.

(3)

Retail sales in the industrial district. Retail sales may be offered accessory to a permitted use, provided that:

a.

The sale of goods is limited to those compounded, processed, packaged, or treated on the premises;

b.

All sales and storage is within an enclosed structure;

c.

Floor area devoted to sales is not to exceed 25 percent of the floor area of the use to which it is accessory; and

d.

There is sufficient off-street parking and off-street loading in accordance with the provisions of sections 34-106 and 34-107.

(4)

Nonpermanent, non-business structures accessory to a medical center. Any self-contained nonpermanent, nonresidential facility in which medical or dental services will be practiced by Massachusetts licensed medical and dental professionals, which may be moved, towed, or transported from one location to another and used on a temporary or semi-permanent basis may be offered accessory to, and located on the same campus of, the principal medical center use. This accessory use will be subject to special permit approval by the zoning board of appeals and site plan approval by the planning board and must provide alternative parking if the proposed use utilizes existing parking on the site.

(Ord. of 6-20-2005, § 3.2; Ord. of 5-4-2015(2), §§ 2, 3; Ord. of 3-8-2021(3), § 1)

(a)

Applicability.

(1)

This chapter shall not apply to structures or uses lawfully in existence or lawfully begun, or to a building or special permit issued before the first publication of notice of the public hearing, required by M.G.L. c. 40A, § 5, at which the ordinance from which this chapter was derived, or any relevant part thereof, was adopted. Such prior, lawfully existing, nonconforming uses and structures may continue, provided that no modification of the use or structure is accomplished, unless authorized hereunder.

(2)

Construction or operations under a building or special permit shall conform to this chapter as hereafter amended unless the use or construction is commenced within a period of not more than six months after the issuance of the permit and in cases involving construction, unless such construction is continued through to completion as continuously and expeditiously as is reasonable.

(b)

Nonconforming uses. The zoning board of appeals may grant a special permit to change a nonconforming use in accordance with this section only if it determines that such change or extension shall not be substantially more detrimental than the existing nonconforming use to the neighborhood. The following types of changes to nonconforming uses may be considered by the zoning board of appeals:

(1)

Change or substantial extension of the use;

(2)

Change from one nonconforming use to another, less detrimental, nonconforming use.

(c)

Nonconforming structures. The zoning board of appeals may grant a special permit to reconstruct, extend, alter, or change a nonconforming structure in accordance with this section only if it determines that such reconstruction, extension, alteration or change shall not be substantially more detrimental than the existing nonconforming structure to the neighborhood. The following types of changes to nonconforming structures may be considered by the zoning board of appeals:

(1)

Reconstructed or extended;

(2)

Altered to provide for a substantially different purpose or for the same purpose in a substantially different manner or to a substantially greater extent.

(d)

Findings. In order to make the required finding pursuant to subsection (b) or (c) of this section, the zoning board of appeals shall obtain from the petitioner and verify information necessary to make the following determinations:

(1)

Baseline conditions. The extent to which the existing nonconforming structure or use does not currently conform to the requirements of this chapter with regard to permitted use, dimensional controls, parking, loading, or other requirements.

(2)

Proposed changes. The extent to which the proposal would:

a.

Increase the nonconformity with respect to each of the dimensional controls set forth in the table of dimensional regulations in section 34-262;

b.

The extent to which the proposal would increase any nonconformity with respect to required parking and loading; and

c.

Whether the proposal would intensify the existing nonconformities or result in additional ones.

(3)

Review and consideration of zoning board of appeals. In order to assist in making their decision, the zoning board of appeals shall also review and consider information related to the following: traffic; noise; lighting; heat, glare and vibration; drainage; air quality; intensity of use; other factors which might create a public nuisance.

(e)

Variance required. The reconstruction, extension or structural change of a nonconforming structure in such a manner as to increase an existing nonconformity, or create a new nonconformity, including the extension of an exterior wall at or along the same nonconforming distance within a required yard, shall require the issuance of a variance from the zoning board of appeals; provided, however, that this provision shall not apply to nonconforming single- and two-family residential structures, which shall be governed by subsection (f) of this section.

(f)

Nonconforming single- and two-family residential structures. Nonconforming single- and two-family residential structures may be reconstructed, extended, altered, or structurally changed but not by more than 300 gross square feet upon the issuance of a building permit after a determination by the building inspector that such proposed reconstruction, extension, alteration or change does not increase the nonconforming nature of said structure. The following circumstances shall not be deemed to increase the nonconforming nature of said structure:

(1)

Alteration to a structure which complies with all current setback, yard, building coverage, and building height requirements but is located on a lot with insufficient area, where the alteration will also comply with all of said current requirements;

(2)

Alteration to a structure which complies with all current setback, yard, building coverage and building height requirements, but is located on a lot with insufficient frontage, where the alteration will also comply with all of said current requirements;

(3)

Alteration to a structure which encroaches upon one or more required yard or setback areas, where the alteration will comply with all current setback, yard, building coverage and building height requirements; the provisions of this subsection shall apply regardless of whether the lot complies with current area and frontage requirements;

(4)

Alteration to the side or face of a structure which encroaches upon a required yard or setback area, where the alteration will not encroach upon such area to a distance greater than the existing structure; the provisions of this subsection shall apply regardless of whether the lot complies with current area and frontage requirements; and

(5)

Alteration to a nonconforming structure which will not increase the footprint of the existing structure provided that existing height restrictions shall not be exceeded.

In the event that the building inspector determines that the proposed change exceeds 300 gross square feet or that the nonconforming nature of such structure would be increased by the proposed reconstruction, extension, alteration or change, the zoning board of appeals may, by special permit, allow such reconstruction, extension, alteration or change where it determines that the proposed modification will not be substantially more detrimental than the existing nonconforming structure to the neighborhood.

(g)

Abandonment or nonuse. A nonconforming use or structure which has been abandoned, or not used for a period of two years, shall lose its protected status and be subject to all of the provisions of this chapter.

(h)

Special permit for nonconforming structures or uses abandoned or not used for more than two years. Notwithstanding the provisions of M.G.L. c. 40A, § 6 or subsection (g) of this section, the zoning board of appeals may grant a special permit authorizing the reconstruction, alteration or rehabilitation, and occupancy and use of a nonconforming structure or use that has been abandoned or not used for a period of more than two years.

(i)

Reconstruction after catastrophe. A nonconforming structure may be reconstructed after a catastrophe or after demolition in accordance with the following provisions:

(1)

Reconstruction of said premises shall commence within one year after such catastrophe, unless for good cause such period is extended, in writing, by the building inspector. The applicant must request such extension in writing, and if granted by the inspector, such extension shall be limited to six month intervals;

(2)

Buildings as reconstructed shall be located on the same footprint as the original nonconforming structure, shall be only as great in volume or area as the original nonconforming structure, and shall meet all applicable requirements for yards, setback, and height; and

(3)

In the event that the proposed reconstruction would:

a.

Cause the structure to exceed the volume or area of the original nonconforming structure;

b.

Exceed applicable requirements for yards, setback, and/or height; or

c.

Cause the structure to be located other than on the original footprint;

a special permit shall be required from the zoning board of appeals prior to such demolition.

(j)

Reversion to nonconformity. No nonconforming use shall, if changed to a conforming use, revert to a nonconforming use.

(Ord. of 6-20-2005, § 3.3)

State Law reference— Nonconformities, M.G.L. c. 40A, § 6.

(a)

Within the Retail Business (BR) and Retail Business 2 (BR2) Districts, residential units in the basement or on the ground floor shall only be allowed by special permit from the ZBA, except that no special permit shall be allowed or considered by the ZBA for a residential unit or the ground floor or basement floor in that portion of the Retail Business District on Broadway between City Hall Avenue and Williams Street if such residential unit abuts Broadway.

(b)

Materials. The following materials should be avoided from use as exterior cladding for permanent buildings:

(1)

Vinyl siding.

(2)

Asphalt panel siding.

(3)

Exterior insulation finishing system (EIFS).

(Ord. of 11-21-2016(4); Ord. of 12-3-2018, § 5; Ord. of 6-17-2019)

Editor's note— An ordinance adopted, Dec. 3, 2018, changed the title of § 34-52 from "Retail Business (BR) District" to read as herein set out.