Otis City Zoning Code
ARTICLE III
Use Regulations
§ 150-3.1 Principal uses.
Except as provided by law or in this Zoning Bylaw, no building or structure shall be erected and no building, structure or land or part thereof shall be used for any purpose or in any manner other than one or more of the uses hereinafter set forth as permitted by right or as permissible by special permit and so authorized. Any use not specifically permitted is specifically prohibited.
A.
Symbols. Symbols employed in the Table of Use Regulations[1] shall mean the following:
Y | Permitted as of right |
N | Prohibited |
BA | Special permit, Board of Appeals |
PB | Special permit, Planning Board |
SB | Special permit, Select Board |
[1]
Editor's Note: The Table of Use Regulations, Appendix A, is included as an attachment to this chapter.
B.
If classified under more than one use. Where an activity may be classified as more than one of the principal uses listed in the Table of Use Regulations, the more specific classification shall determine permissibility; if equally specific, the more restrictive shall govern.
C.
Table of Use Regulations. See Appendix A.
§ 150-3.2 Accessory uses.
A.
Permitted accessory uses in all districts. The following accessory uses are specifically permitted as indicated by right or by special permit on the same premises as the principal use, as specified in Appendix A, the Table of Use Regulations:[1]
(1)
Accessory scientific uses. Uses, whether or not on the same parcel as activities permitted as a matter of right, which are necessary in connection with scientific research or scientific development or related production may be permitted upon the issuance of a special permit by the Board of Appeals, provided that the Board finds that the proposed use does not substantially derogate from the public good.
(2)
Family day care homes. Small family day care homes are allowed as an accessory use as of right in all districts. Large family day care homes are allowed in all districts only upon the issuance of a special permit by the Board of Appeals.
(3)
Adult day care facility.
(4)
Home occupation and cottage industry, as limited by § 150-7.2.
(5)
The display and sale by a resident of the premises at a roadside stand or otherwise of natural products which are produced on the premises.
(6)
Display of sign or signs as regulated in § 150-5.2 of this bylaw.
(7)
Mobile home or travel trailer, as regulated in § 150-6.2 of this bylaw.
(8)
Homestay.
(9)
Accessory apartments. See § 150-7.1.
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
§ 150-3.3 Nonconforming uses and structures.
[Amended 5-20-2025 ATM by Art. 23]
A.
Applicability. This Zoning Bylaw 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 MGL c. 40A, § 5, at which this Zoning Bylaw, 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.
B.
Nonconforming uses. The Board of Appeals may award 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 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 Board of Appeals may award 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 Board of Appeals:
(1)
Reconstructed, extended or structurally changed;
(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.
Variance required. Except as provided in Subsection E, below, 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 Board of Appeals.
E.
Nonconforming single- and two-family residential structures.
(1)
Nonconforming single- and two-family residential structures may be reconstructed, extended, altered, or structurally changed upon a determination by the Building Inspector that such proposed reconstruction, extension, alteration, or change does not increase the nonconforming nature of said structure.
(2)
The following circumstances shall not be deemed to increase the nonconforming nature of said structure:
(a)
New construction, alteration or renovation of, but not limited to, a deck, porch, patio, entryway, addition, attached garage, garden shed or accessory building, provided the proposed work provides the minimum front setback of 25 feet, and the side and rear setbacks not less than 15 feet from the lot line. Front setback is to be measured from the street right-of-way line where a plan of the way is on file with the Registry of Deeds or, in absence of such plan, from a line which begins 25 feet from and parallel with the center line of the right-of-way.
(b)
Reconstruction, replacement or renovation of existing nonconforming structures within the exact same footprints and building height.
(3)
In the event that the Building Inspector determines that the nonconforming nature of such structure would be increased by the proposed reconstruction, extension, alteration, or change, the 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.
F.
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 Zoning Bylaw.
G.
Reconstruction after catastrophe or demolition. 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 two years after such catastrophe or demolition.
(2)
Building(s) 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.
(3)
In the event that the proposed reconstruction would (a) cause the structure to exceed the volume or area of the original nonconforming structure or (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. In the case of voluntary demolition, the special permit shall be obtained from the Board of Appeals prior to such demolition.
H.
Reversion to nonconformity. No nonconforming use shall, if changed to a conforming use, revert to a nonconforming use.
§ 150-3.4 Temporary uses.
All temporary uses shall require the issuance of a permit from the Select Board and shall not be authorized for more than six consecutive months; provided, however, that a tag sale shall obtain a permit only from the Town Clerk. An appropriate fee may be required.
