3.0.1

Use of buildings, structures, and land. For the purposes of this bylaw, any lawful building or structure or use of a building, structure, or land or part thereof, may be constructed, altered, enlarged, and used for any purpose which is not injurious, noxious, offensive or detrimental to a neighborhood and does not violate any section of this bylaw or any of the provisions of the town in regard to health and safety to its inhabitants.

3.0.1.1

No foundation, building, or structure shall be erected or substantially altered without a building permit issued by the building inspector. A record of such applications, the survey and plans herein referred to, and action taken thereon, shall be kept on file in the office of the building inspector.

3.0.2

Existing uses not affected. This bylaw shall not apply to existing buildings or structures, nor to the existence of any building or structure or of land to the extent of that use at the time of the adoption of this bylaw.

3.0.3

Obstruction at street intersections. Within that portion of any lot at a street intersection which lies between the street line joining parts on each street line, 25 feet from the intersection of such street lines, no fence, wall, temporary sign, hedge, shrubbery or other obstruction to vision in excess of three feet in height above the adjacent level shall be permitted. See diagram 3.

3.0.4

Fences. Fences shall not exceed four feet in height across the front yard setback portion of any lot perimeter; shall comply with the provisions of section 3.0.3 of the zoning bylaws; and shall not exceed six and one-half feet in height on the remainder of the lot perimeter. No fence more than one-quarter solid shall be erected across the front line, and closer to the street than the setback requirements of the primary building. All fences must be at least six inches from any lot line and must be erected so that the less appealing or post side shall face inward, and chain link or cyclone fences shall have the barbs face down. A fence height greater than six and one-half feet may be permitted if authorized by the board of appeals after a public hearing. Shrubs and/or shrubbery shall not constitute the meaning of a fence for the purpose of this provision.

Fences located on land zoned industrial A and C shall not exceed six and one-half feet in height across the front yard setback portion of the lot; and no fence more than one-quarter solid shall be erected across the front line and closer to the street than the setback requirements of the primary building. Shall comply with the provisions of section 3.0.3 of the zoning bylaw.

a.

Shrubs used for screening/fencing.

Shrubs used for screening/fencing shall not exceed three feet in height across the front yard setback portion of any lot. No restriction on height on the remainder of the lot perimeter. Shrubs do not require a building permit.

All fences and shrubbery must comply with section 3.0.3 obstruction at street intersections, and section 4.0.8 corner lots.

b.

Jersey Barriers are prohibited from being used as fences to divide property lines in all zoning districts.

3.0.5

Private swimming pools. As defined herein, private swimming pools shall be permitted as accessory uses to residential dwellings provided they conform to the following standards:

a.

The location of a pool and its appurtenant structures on a lot shall conform to the minimum front, sides, and rear yard requirements of the respective zoning district, but in no case shall the pool be located nearer than ten feet to any side or rear lot line. A pool must be located at least ten from any and all structures. Exception: pool decks.

b.

All in-ground pools shall be enclosed by a fence at least four feet high and of a type not readily climbed by children. Above-ground pools shall have a ladder that must comply with the state building code.

c.

The operation and maintenance of all pools shall comply with the rules and regulations of the board of health and the state building code.

3.0.6

Mobile homes. Temporary mobile homes to be placed on the site of a residence which has been destroyed by fire or other natural holocaust for a period not to exceed 12 months while the residence is being rebuilt. Any such mobile home shall be subject to the provisions of the state sanitary code.

3.0.7

Dish antennae on residential structures. Deleted 10-6-2003.

3.0.8

Off-street parking. The parking spaces required and used in calculating the number of required parking spaces may not be located in the front yard requirements.

3.0.9

Driveway entry permits. Curb cuts/driveway entry permits shall be issued by the department of public works (DPW) in accordance with the department of public works (DPW) regulations.

3.0.10

Dumpsters.Storage of dumpsters on residential property for periods longer than 14 days is prohibited without a permit from the board of health.

(4-10-1995 ATM; 10-1-2001 STM; 10-6-2003 STM; 5-9-2011 ATM; 10-3-2011 STM; 5-14-2012 ATM; 10-5-2020 STM; 10-4-2021 STM)

No land, structure, or building shall be used except for the purposes permitted in the district as set forth in this section unless otherwise permitted in this section. The restrictions and controls intended to regulate development in each district are set forth in section 3.2.2, table 1, table of principal uses:

3.1.1

If any activity might be classified under more than one of the principal use definitions, the more specific definition shall determine whether the use is permitted. If the activity might be classified under equally specific definitions, it shall not be permitted unless both principal uses are permitted in the district.

3.1.2

Deleted 10-7-2002.

3.1.3

Aircraft flight overlay district. To determine which uses are prohibited in the aircraft flight overlay district, see section 3.2.7.

3.1.4

To determine which uses are permitted in the water supply protection district see section 5.3 for a complete explanation.

3.2.1

[Generally]. Any use not specifically or generically listed herein or otherwise permitted in a district shall be deemed as prohibited. Any legal use of land or building is permitted in accordance with the requirements of this bylaw except those uses which are dangerous or detrimental to a neighborhood because of fire hazard, offensive noise, smoke, vibration, harmful radioactivity, electrical interference, dust, odor, fumes heat, glare, unsightliness, or other objectionable characteristics.

District-Specific Prohibited Uses

3.2.2

Table of principal uses. See table 1.

3.2.3

Prohibition on marijuana establishments. In accordance with Massachusetts General Laws chapter 94G, section 3(a)(2), all types of marijuana establishments, as defined in Massachusetts General Laws chapter 94G, section 1 and as may otherwise be defined by state law or regulation, to include, without limitation, all marijuana cultivators, marijuana business location, any other types of licensed marijuana-related businesses, and the conducting of any such activity for commercial purposes by whichever name used, shall be prohibited within the town. This prohibition shall not be construed to affect the medical use of marijuana as expressly authorized by the provisions of chapter 369 of the Acts of 2012 and 105 CMR 725.000 (as the same may be amended from time to time).

3.2.4

Agricultural district.

a.

Dwellings of two or more units are prohibited, unless it is an adult care facility.

1.

Adult care facilities are allowed to be constructed in the agricultural district provided that such a facility can connect to town sewer, town water, and gas services. Waivers of this requirement will only be considered, by the planning board, after appropriate departments including, but not limited to the DPW, fire department, building commissioner, and the board of health have been given a minimum of 14 days to review and comment on the waiver request.

b.

Business uses other than those related to agriculture, home occupations (section 6.2), professional home office (section 6.3), or uses allowed by right as described in the table of principal uses, section 3.2.2, are prohibited.

3.2.5

Business A districts.

a.

No building, structure, or land shall be used in whole or in part for fabricating, manufacturing, converting, altering, finishing, or assembling except as may be reasonably necessary in the uses to which such buildings, structures, or land are permitted as in the table of principal uses, section 3.2.2.

b.

Parking garages and auto repair garages which park, store, and/or repair more than 15 motor vehicles are prohibited. All storage and/or repair of motor vehicles, bodies and parts out of doors is prohibited except in emergencies.

c.

Auto sales lots are prohibited in business A and business B districts.

3.2.6

Industrial A, industrial C, and mill redevelopment districts. The manufacture and production of the following industrial uses are prohibited in industrial A, industrial C, and the mill redevelopment districts:

Acetylene gas, cyanide compound or oxygen manufacture

Asphalt manufacture or refining

Chlorine or bleaching powder manufacture

Creosote manufacture

Distillation of coal or wood

Drop forge shop

Explosives, fireworks or ammunition manufacture

Fertilizer manufacture

Fumigation plants

Glue or size manufacture from fish or animal offal

Gypsum, cement, plaster or plaster of paris manufacture

Incineration or reduction of or dumping of offal, garbage, or refuse on a commercial basis (except where operated by the town)

Junk yard, junk storage, scrapping of autos and parts and the salvage thereof

Linoleum manufacture

Paint and lacquer manufacture

Petroleum refining and the bulk storage of petroleum products

Sewage disposal plant (except where controlled by the town)

Soap, tallow, grease or lard manufacture

Slaughterhouse

Sulfurous, sulfuric, nitric, or hydrochloric acid manufacture

Tannery

Tar or asphalt roofing manufacture

Tar products manufacture

All other enterprises or uses regarded as hazardous or offensive

3.2.7

Aircraft flight overlay district. The following uses are prohibited in the aircraft flight overlay district:

Adult care facilities

Auditoriums

Concert halls

Day care centers ^*

Hospitals

Houses of worship ^*

Schools ^*

* See House Bill #4755.

(4-11-1994 ATM; 5-14-2001 ATM; 10-3-2005 STM; 5-9-2011 ATM; 11-6-2017 STM; 10-3-2011 STM)

3.3.1

General accessory regulations. The following regulations shall apply to all districts:

a.

Research facilities. A special permit is required for uses accessory to activities permitted as a matter of right which are necessary in connection with scientific research or scientific development or related production. Such accessory uses do not have to be located on the same parcel as the principal use.

b.

Accessory buildings.

(1)

An accessory building attached to its principal building shall be considered an integral part of the principal building and as such shall be subject to the open space requirements applicable to the principal building. All accessory buildings over 200 square feet require a permit from the building department.

(2)

An unattached one-story building shall be placed no nearer than five feet to a side lot line and five feet to a rear lot line and a two-story unattached accessory building shall be placed no nearer than ten feet to a side lot line and ten feet to a rear lot line.

(3)

To promote health and safety, no garage buildings may be used as a permanent dwelling.

(4)

The total area for all unattached accessory structures in all residential (RA-1, RA, RB) and agricultural (A, AMD) districts is limited in size not to exceed 50 percent of the square footage for the principal structure. Square footage calculations for principal and accessory structures will include all levels, excluding basements. Accessory structures used for active farming are exempt.

c.

Accessory livestock agriculture. On land used for agriculture and livestock agriculture with five or less acres, and with the approval of the board of health, the following uses are allowed and may be considered as accessory uses if the use is for the occupants only: the keeping of a small flock of poultry of not more than 25 birds, the keeping of saddle or riding horses (as outlined in section X, definitions), and other farm animals, excluding pigs.

d.

Smokehouses. On land used other than for farms, the use of a smokehouse may be permitted with the approval of the board of health and the building inspector, and as such may be considered as an accessory use, located 75 or more feet from any street line and 100 or more feet from any dwelling. Such accessory use shall not include any activity conducted for gain.

e.

Deleted.

f.

Storage trailers, storage boxes (with attached or unattached wheels), and all other temporary storage accessory structures including office trailers. Storage trailers, storage boxes, or portable storage containers and all other temporary storage accessory structures ("temporary storage facilities") are only to be used as a temporary or emergency solution for short term usage during construction, reconstruction, or relocation of storage buildings, homes, and commercial buildings and on the conditions described in subsections (1) through (5) below. The use is terminated upon final inspection of the building and a certificate of occupancy is issued.

Temporary storage facilities are only permitted under the following conditions.

1.

The building commissioner may authorize the temporary use of a temporary storage facility for storage following a fire or other calamity or during construction or major renovation of a structure or principal use by building permit. In no event shall the temporary use exceed 12 consecutive months after the issuance of the permit, unless construction, reconstruction or renovation is delayed by seasonal or other considerations. In such instances, the building commissioner may authorize an extension of the temporary use or until the issuance of a certificate of occupancy, at which time the temporary storage facility shall be removed from the address or property.

2.

A temporary storage facility, when being used following a fire or other calamity or during construction or major renovation of a structure or principal use, shall be located no closer than ten feet to any property line. No temporary storage facility shall be permitted to be placed in any portion of a front yard of a residential/commercial property other than a driveway/parking lot or area agreed upon prior to the issuance of a building permit.

3.

A storage facility used for agricultural, educational, non-profit or religious purposes is subject to reasonable regulations of the planning board, in accordance with General Laws chapter 40A, section 3. Industrial and municipal uses are subject to site plan approval.

4.

Portable storage containers are allowed for storage/moving purposes for 90 consecutive days. No permit required, and must be removed after occupancy is complete.

5.

Office trailers and combination office/temporary storage facility are subject to site plan approval from the planning board and will need a building permit, electrical permit, a plumbing permit, and a permit from the board of health.

g.

Clothing donation receptacles. Clothing donation receptacles are allowed through site plan approval from the planning board. See table 1, table of principal uses, for allowed districts. Additionally, at the time of application, the following must be provided: a description of the receptacle, a graphic depiction of where the receptacle will be located, a schedule for emptying it, and written permission from the property owner. Clothing donation receptacles shall not be located in the front yard setbacks specified for the district in which they are located. The receptacle shall be placed no nearer than five feet to a side lot line and five feet to a rear lot line. The receptacle must not provide a visual distraction or safety hazard. There is a limit of two such receptacles per property. They must only accept articles of clothing and have clearly visible language discouraging illegal dumping. Contact information must be permanently affixed to the receptacle and must use at least two-inch block letters. The receptacle must be properly maintained, with no visible damage, rust, holes, or graffiti. All clothing donation receptacles require a permit from the building department.

3.3.2

District specific accessory use regulations for all residential districts. Accessory uses customarily incidental to any use permitted herein shall be allowed, provided that such accessory use shall not include any activity conducted for gain, except for charitable purpose. A private garage for three automobiles shall be considered as an accessory use, and if attached, may be located only in the side or rear yard and must comply with setback requirements. Only one such vehicle may be a commercial vehicle, and of not more that 10,000 pounds registered G.V.W. One recreational vehicle may be parked on a lot if not used or occupied for a dwelling or sleeping purposes, per setback requirements for accessory buildings, said recreational vehicle shall be stored in the side or rear yard.

(1-25-1999 STM; 10-7-2002 STM; 10-3-2005 STM; 10-6-2008; 10-5-2009 STM; 10-3-2011 STM; 10-1-2012 STM; 10-7-2013 STM; 10-5-2020 STM)

3.4.1

A non-conforming use is the use of any building or land lawfully occupied at the time of the adoption of this bylaw which does not conform to the requirements of the district in which it is located.

3.4.2

Any building, part of a building, or land which at the time of the adoption of this bylaw is being put to a non-conforming use may be:

a.

Continued in that use or a similar use provided such use has not been voluntarily discontinued for a period of two years. If a non-conforming use has not been used for a period of two years or more, it shall not be re-established and any future use shall be in conformity with this bylaw.

b.

Enlarged in that use to 25 percent greater in volume or area than that which existed at that time of adoption of this bylaw, and to a greater extent when approved by the board of appeals, provided that such enlargement is not substantially more detrimental than the existing non-conforming use to the neighborhood. Limited to one 25-percent increase.

c.

Changes to a more restricted use, provided that when changed it shall not be returned to a less restricted use.

d.

Rebuilt or restored at the same location and again used as previously, in the case of a building destroyed or damaged by fire, explosion or other catastrophe, provided that such rebuilding or restoring shall be commenced within 12 months after such catastrophe; and further provided that the building as restored shall not exceed in volume or area the original non-conforming structure, by more than 25 percent, unless approved by the board of appeals.

(10-3-1994)

The planning board may require sidewalks and curbing of materials determined by the planning board in those circumstances where site plan approval is otherwise required.