Sturbridge, MA Zoning Ordinance

Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or

Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

By an approved state program as determined by the Secretary of the Interior; or

Directly by the Secretary of the Interior in states without approved programs.

[US Code of Federal Regulations, Title 44, Part 59]

NEW CONSTRUCTION

Structures for which the start of construction commenced on or after the effective date of the first floodplain management code, regulation, ordinance or standard adopted by the authority having jurisdiction, including any subsequent improvements to such structures. New construction includes work determined to be substantial improvement. [Referenced Standard ASCE 24-14]

RECREATIONAL VEHICLE

A vehicle which is:

Built on a single chassis;

400 square feet or less when measured at the largest horizontal projection;

Designed to be self-propelled or permanently towable by a light duty truck; and

SPECIAL FLOOD HAZARD AREA

Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use.

[US Code of Federal Regulations, Title 44, Part 59]

REGULATORY FLOODWAY

See "floodway."

The land area subject to flood hazards and shown on a Flood Insurance Rate Map or other flood hazard map as Zone A, AE, A1-30, A99, AR, AO, AH, V, VO, VE or V1-30. [Base Code, Chapter 2, Section 202]

START OF CONSTRUCTION

The date of issuance for new construction and substantial improvements to existing structures, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement is within 180 days after the date of issuance. The actual start of construction means the first placement of permanent construction of a building (including a manufactured home) on a site, such as the pouring of a slab or footings, installation of pilings or construction of columns.

SUBSTANTIAL REPAIR OF A FOUNDATION

Permanent construction does not include land preparation (such as clearing, excavation, grading or filling), the installation of streets or walkways, excavation for a basement, footings, piers or foundations, the erection of temporary forms or the installation of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main building. For a substantial improvement, the actual "start of construction" means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building. [Base Code, Chapter 2, Section 202]

STRUCTURE

For floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. [US Code of Federal Regulations, Title 44, Part 59]

When work to repair or replace a foundation results in the repair or replacement of a portion of the foundation with a perimeter along the base of the foundation that equals or exceeds 50% of the perimeter of the base of the foundation measured in linear feet, or repair or replacement of 50% of the piles, columns or piers of a pile, column or pier supported foundation, the Building Official shall determine it to be substantial repair of a foundation. Applications determined by the Building Official to constitute substantial repair of a foundation shall require all existing portions of the entire building or structure to meet the requirements of 780 CMR. [As amended by MA in 9th Edition BC]

VARIANCE

A grant of relief by a community from the terms of a floodplain management regulation. [US Code of Federal Regulations, Title 44, Part 59]

VIOLATION

The failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications or other evidence of compliance required in § 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4) or (e)(5) is presumed to be in violation until such time as that documentation is provided. [US Code of Federal Regulations, Title 44, Part 59]

The purpose of the Floodplain Overlay District is to:

Ensure public safety through reducing the threats to life and personal injury.

Eliminate new hazards to emergency response officials.

Prevent the occurrence of public emergencies resulting from water quality, contamination and pollution due to flooding.

Avoid the loss of utility services, which if damaged by flooding would disrupt or shut down the utility network and impact regions of the community beyond the site of flooding.

Eliminate costs associated with the response and cleanup of flooding conditions.

Reduce damage to public and private property resulting from flooding waters.

The Floodplain District is herein established as an overlay district. The District includes all special flood hazard areas within the Town of Sturbridge designated as Zone A, AE, AH, AO or A99 on the Worcester County Flood Insurance Rate Map (FIRM) dated June 21, 2023, issued by the Federal Emergency Management Agency (FEMA) for the administration of the National Flood Insurance Program. The exact boundaries of the District shall be defined by the one-percent-chance base flood elevations shown on the FIRM and further defined by the Worcester County Flood Insurance Study (FIS) report dated June 21, 2023. The FIRM and FIS report are incorporated herein by reference and are on file with the Town Clerk, Planning Board and Director of Inspections, and the Conservation Commission.

[Amended 6-5-2023 ATM by Art. 39]

[1]The Floodplain District is established as an overlay district to all other districts. All development, including structural and nonstructural activities, whether permitted by right or by special permit, must be in compliance with MGL c. 131, § 40 and with the requirements of the Massachusetts State Building Code pertaining to construction in the floodplain as well as the DEP Wetlands Protection Regulations, DEP Inland Restriction, DEP Coastal Wetlands Restriction and the DEP Minimum Requirements for the Subsurface Disposal of Sanitary Sewage.

Designation of community floodplain administrator. The Town of Sturbridge hereby designates the position of Town Planner to be the official floodplain administrator for the Town.

Permits are required for all proposed development in the Floodplain Overlay District. A permit is required for all proposed construction or other development in the Floodplain Overlay District, including new construction or changes to existing buildings, placement of manufactured homes, placement of agricultural facilities, fences, sheds, storage facilities or drilling, mining, paving and any other development that might increase flooding or adversely impact flood risks to other properties.

Assure that all necessary permits are obtained. Sturbridge’s permit review process includes the use of a checklist of all local, state and federal permits that will be necessary in order to carry out the proposed development in the Floodplain Overlay District. The proponent must acquire all necessary permits, and must submit the completed checklist demonstrating that all necessary permits have been acquired.

Variances to Building Code floodplain standards.

The Town will request from the State Building Code Appeals Board a written and/or audible copy of the portion of the hearing related to the variance, and will maintain this record in the community's files.

The Town shall also issue a letter to the property owner regarding potential impacts to the annual premiums for the flood insurance policy covering that property, in writing, over the signature of a community official that:

The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage; and

Such construction below the base flood level increases risks to life and property.

Such notification shall be maintained with the record of all variance actions for the referenced development in the floodplain overlay district.

Variances to local Zoning Bylaws related to community compliance with the National Flood Insurance Program (NFIP). A variance from these floodplain bylaws must meet the requirements set out by state law, and may only be granted if:

Good and sufficient cause and exceptional nonfinancial hardship exist;

The variance will not result in additional threats to public safety, extraordinary public expense or fraud or victimization of the public; and

The variance is the minimum action necessary to afford relief.

Editor's Note: The former Subsection D, regarding obtaining existing flood elevation data, was repealed 6-5-2023 ATM by Art. 39. This article also renumbered former Subsections D through M as Subsections C through L, respectively.

The following uses of low flood damage potential and causing no obstructions to flood flows shall be allowed, provided they are permitted in the underlying district and they do not require structures, fill or storage of materials or equipment:

Agricultural uses.

Forestry and nursery uses.

Outdoor recreational uses.

Conservation and wildlife management areas.

Temporary, nonresidential structures used in connection with growing, harvesting, storage or sale of crops raised on the premises.

Buildings lawfully existing prior to the adoption of these provisions.

No structure or building shall be erected, constructed, substantially improved, moved, or otherwise created; no earth or other materials dumped, filled, evacuated, or transferred unless a special permit is granted by the Planning Board. Said Board may issue a special permit hereunder (subject to the applicable provisions of this Bylaw) if the application is compliant with the following provisions:

The proposed use shall comply in all respects with the provisions of the underlying district.

Review and reports.

Within 10 days of receipt of the application, the Board shall transmit one copy of the development plan to each of the following:

Board of Health;

Town Engineer/DPW Director;

Conservation Commission;

Director of Inspections; and, if concerned

Fire Chief;

Police Chief;

Board of Selectmen.

Final action shall not be taken until reports have been received from the above boards or 35 days have elapsed and a properly published and posted public hearing has been held.

Watercourses with or without designated regulatory floodways.

In Zones A, A1-30 and AE, along watercourses that have not had a regulatory floodway designated, the best available federal, state, local or other floodway data shall be used to prohibit encroachments in floodways which would result in any increase in flood levels within the community during the occurrence of the base flood discharge.

In Zones A1-30 and AE, along watercourses that have a regulatory floodway designated on the Town’s FIRM, encroachments are prohibited, including fill, new construction, substantial improvements, and other development within the adopted regulatory floodway, unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge.

[Amended 6-5-2023 ATM by Art. 39]

The Board may specify such additional requirements and conditions it finds necessary to protect the health, safety and welfare of the public and the occupants of the proposed use.

No building, development or substantial improvement shall be allowed in a floodway.

The flood-carrying capacity shall be maintained within any altered or relocated portion of any watercourse.

A minimum of 98% of the natural surface and underground flood storage volume of the site shall be maintained.

Safe and permanent access shall be maintained by the owner from the nearest public way to any proposed building in the floodplain.

All new or reconstructed water, sewer, drainage and other utilities shall be designed and located to avoid their impairment, promote safety and minimize flood damage. Approval of the Board of Health shall be required for sewer and drainage systems.

If the structure has been floodproofed, the Director of Inspections shall be furnished with the elevation to which the structure has been floodproofed.

All buildings and structures as defined in 780 CMR 120.G201 (State Board of Building Regulations and Standards), including new or replacement manufactured homes erected or substantially improved in Flood Hazard Zones (A Zones), shall be designed and constructed in accordance with 780 CMR 120.G501 (as may from time to time be amended).

When proposing subdivisions or other developments greater than 50 lots or five acres (whichever is less), the proponent must provide technical data to determine base flood elevations for each developable parcel shown on the design plans.

[Amended 6-5-2023 ATM by Art. 39]

Subdivision proposals. All subdivision proposals and development proposals in the Floodplain Overlay District shall be reviewed to assure that:

Such proposals minimize flood damage.

Public utilities and facilities are located and constructed so as to minimize flood damage.

Adequate drainage is provided.

Unnumbered A Zones. In A Zones, in the absence of FEMA BFE data and floodway data, the Building Department will obtain, review and reasonably utilize base flood elevation and floodway data available from a federal, state or other source as criteria for requiring new construction, substantial improvements or other development in Zone A as the basis for elevating residential structures to or above base flood level, for floodproofing or elevating nonresidential structures to or above base flood level and for prohibiting encroachments in floodways.

AO and AH Zone drainage requirements. Within Zones AO and AH on the FIRM, adequate drainage paths must be provided around structures on slopes, to guide floodwaters around and away from proposed structures.

When floodproofing is used, it shall be certified by a registered professional engineer and registered architect to be adequate to withstand the forces associated with the base flood, and to be essentially watertight with walls substantially impermeable to the passage of water.

Campgrounds and manufactured housing communities; recreational vehicles.

No campgrounds or manufactured \housing communities will be permitted in the Floodplain District

Recreational vehicles. In A1-30, AH and AE Zones, all recreational vehicles to be placed on a site must be elevated and anchored in accordance with the zone's regulations for foundation and elevation requirements or be on the site for less than 180 consecutive days or be fully licensed and highway ready.

Notification of watercourse alteration. The following parties must be notified in the case of any alteration or relocation of a watercourse:

Adjacent communities.

Bordering states (optional).

Massachusetts NFIP State Coordinator.

Massachusetts Department of Conservation and Recreation

[Amended 6-5-2023 ATM by Art. 39]

NFIP Program Specialist

Federal Emergency Management Agency, Region 1

[Amended 6-5-2023 ATM by Art. 39]

Requirement to submit new technical data. If the Town acquires data that changes the base flood elevation in the FEMA-mapped special flood hazard areas, the Town will, within six months, notify FEMA of these changes by submitting the technical or scientific data that supports the change(s).

[Amended 6-5-2023 ATM by Art. 39]

Notification shall be submitted to:

FEMA Region I Risk Analysis Branch Chief

And copy of notification to:

Massachusetts NFIP State Coordinator

MA Department of Conservation and Recreation

Abrogation and greater restrictions. The floodplain management regulations found in this Floodplain Overlay District section shall take precedence over any less restrictive conflicting local laws, ordinances or codes.

Disclaimer of liability. The degree of flood protection required by this bylaw is considered reasonable but does not imply total flood protection.

Severability. If any section, provision or portion of this bylaw is deemed to be unconstitutional or invalid by a court, the remainder of the bylaw shall be effective.

§ 300-4.1 General provisions.

No building or structure shall be constructed, and no building, structure or land, or part thereof, shall be used for any purpose or in any manner other than for one of the uses hereinafter set forth as permitted in the district in which such building, structure or land is located, or set forth as permissible by special permit in said district and so authorized. All uses, other than a single-family dwelling and two-family dwelling, nursery, farm, in-home professional office, and accessory uses customarily incidental to these uses, shall be subject to site plan review as detailed in Part 5, Article XIX, of this bylaw.

No building or structure shall be constructed unless a building permit is first secured. A special permit shall also be required in some cases as defined in the following sections.

Further:

No building permit or certificate of occupancy shall be issued for any new construction on a lot which has a regularity factor of less than 0.40. The regularity factor shall be determined by the formula:

R	=	16A
		P²

Where:
R	=	Regularity Factor
A	=	Land Area in Square Feet
P	=	Perimeter in Feet

That part of the lot area in excess of the required lot area may be excluded from the regularity formula in determining the regularity factor. The perimeter containing the excess area shall not include the required frontage.

The regularity formula shall not apply to lots of record as of the date of adoption of this section, April 29, 1985.

No lot shall be considered buildable unless the building(s), and/or Town water and sewer, well and septic system are located in the contiguous upland acreage equal in size to at least 90% of the minimum required lot size, or 40,000 square feet, whichever is less, for the zoning district where the lot is located.

No soil removal or grade alterations on slopes in excess of 8% shall be permitted within 500 feet of any area subject to protection under the Massachusetts Wetland Protection Act without prior Conservation Commission reviewing and issuing of an order of conditions.

Mixed use. Any use permitted within a district may be combined with any other use, provided all the requirements of the bylaw are met.

§ 300-4.2 Rural Residential District (RR).

[Amended 6-3-2024 ATM by Art. 36; 4-28-2025 ATM by Art. 39]

Permitted uses. The following uses are permitted uses in the RR District:

Single-family detached dwelling.

Nursery, including display and sale of natural products.

Farm, including agriculture, horticulture and viticulture, provided that the lot is not less than five acres, including facilities for the sale of produce, wine and dairy products, insofar as the majority of such products for sale have been produced by the owner of the land on which the facility is located.

Tree farm.

Veterinarian.

In-home professional office, where office and residence of the professional are both located in the same building. This use shall be restricted to 25% of total floor area of residence or 500 square feet, whichever is smaller. There shall be no more than two employees other than the professional allowed.

Religious, educational or governmental use.

Accessory uses customarily incidental to any of the above permitted uses, including customary home occupations when located in the same building as the main use.

Walking, hiking, bicycling, roller skating, picnicking, cross-country skiing, snow shoeing through the establishment of trails.

Microbrewery.

Adult day care.

By-right accessory dwelling unit.

Exceptions which may be allowed in the RR District by special permit from the special permit granting authority (SPGA) in accordance with the regulations appearing in § 300-18.2B(2) of this bylaw:

Private club not conducted for profit, provided that adequate off-street parking is provided and that clubhouse facilities are at least 100 feet from any residence.

Campground as defined in Part 1, Article II, of this bylaw.

Conversion of a one-family dwelling existing at the time of adoption of this bylaw into a two-family dwelling.

Manufactured housing community, provided that the proposed park conforms in all respects to the requirements of this bylaw and of the Manufactured Housing Community Bylaw.[1]

Editor's Note: See Ch. 199, Manufactured Housing Communities.

Multifamily dwelling, provided that:

It does not exceed four dwelling units.

There is not less than 20,000 square feet of lot area per dwelling unit.

Adequate provision is made for off-street parking.

An environmental suitability study shows that the site is capable of sustaining this type of construction.

Hospital or long-term care facility, in accordance with a site plan indicating layout of buildings on property, parking areas, access and egress, drainage provisions and other site improvements approved by the Planning Board.

The removal of sand, gravel, subsoil, topsoil or earth in accordance with Part 3, Article XII, of this bylaw.

Golf course, boat livery and riding stables, provided that such uses are to be carried out on property of adequate size.

Housing for the elderly. A special permit may be granted by the Planning Board for housing designed and equipped for the elderly and physically handicapped, provided that the project and the location have the approval of the Board of Selectmen. The project may be exempted from the requirements of § 300-4.2B(5) and/or § 300-4.3B(2). An environmental suitability study shall be required. The Planning Board may impose conditions and safeguards. "Elderly" for the purposes of this bylaw shall be persons 55 years of age or older.

Two-family residence, provided there is not less than 20,000 square feet of lot area per dwelling unit.

Bed-and-breakfast (Planning Board acting as SPGA).

Special permit accessory dwelling unit.

Single-family attached dwelling, provided that:

It is located within an Open Space Residential Development and meets the requirements outlined in Part 3, Article VIII, Open Space Residential Development.

There is not less than 20,000 square feet of lot area per dwelling unit.

The following regulations shall be applicable in the Rural Residential District (RR):

Site plan. See Part 5, Article XIX.

§ 300-4.3 Suburban Residential District (SR).

[Amended 4-28-2025 ATM by Art. 40]

Permitted uses. The following uses are permitted uses in the SR District:

Single-family detached dwelling.

Religious, educational or governmental use.

In-home professional office, where office and residence of the professional are both located in the same building. This use shall be restricted to 25% of total floor area of the residence or 500 square feet, whichever is smaller. There shall be no more than two employees other than the professional allowed.

Accessory uses customarily incidental to main use on the same premises.

Walking, hiking, bicycling, roller skating, picnicking, cross-country skiing, snow shoeing through the establishment of trails.

Farm, including agriculture, horticulture, and viticulture, provided that the lot is not less than five acres, including facilities for the sale of produce, wine and dairy products, insofar as the majority of such products for sale have been produced by the owner of the land on which the facility is located.

Adult day care.

By-right accessory dwelling unit.

Exceptions which may be allowed in the SR District by special permit from the special permit granting authority (SPGA) in accordance with the regulations appearing in § 300-18.2B(2) of this bylaw:

Two-family dwelling, provided that there is not less than 20,000 square feet of lot area per dwelling unit.

Multifamily dwelling, provided that:

It does not exceed four dwelling units.

There is not less than 20,000 square feet of lot area per dwelling unit.

Adequate provision is made for off-street parking.

An environmental suitability study shows that the site is capable of sustaining this type of construction.

The removal of sand and gravel, subsoil, topsoil or earth in accordance with Part 3, Article XII of this bylaw.

Housing for the elderly. A special permit may be granted by the Planning Board for housing designed and equipped for the elderly and physically handicapped, provided that the project and the location have the approval of the Board of Selectmen. The project may be exempted from the requirements of § 300-4.2B(5) and/or § 300-4.3B(2). An environmental suitability study shall be required. The Planning Board may impose conditions and safeguards. "Elderly" for the purpose of this bylaw shall be persons 55 years of age or older.

Bed-and-breakfast (Planning Board acting as SPGA).

Golf course and accessory uses customarily incidental thereto.

Special permit accessory dwelling unit.

Single-family attached dwelling, provided that:

It is located within an Open Space Residential Development and meets the requirements outlined in Part 3, Article VIII, Open Space Residential Development.

There is not less than 20,000 square feet of lot area per dwelling unit.

The following regulation shall be applicable in the Suburban Residential District. (SR):

Site plan. See Part 5, Article XIX.

§ 300-4.4 Commercial District (C).

[Amended 4-28-2025 ATM by Art. 41]

Permitted uses. The following uses are permitted uses in the C District:

Single-family dwelling. Also, apartments accessory to a commercial building (not to exceed two dwelling units per building).

Office, bank, newspaper or job-printing establishment.

Retail store or shop, barber shop, beauty salon, personal service establishments, shop for the repair of personal or household items, laundromat, health and fitness center, artisan's or craftsman's shop, livery or taxi service licensed by the Board of Selectmen, wholesale and retail sales not involving manufacture on the premises except of products the major portion of which are sold on the premises by the producer.

Automobile service station.

Religious, educational or governmental use.

Nonprofit club.

Restaurants, including bakery and confectionery.

A multi-specialty physician office building wherein physicians and non-physician providers and support staff provide diagnostic and treatment services to ambulatory and outpatients, with the assistance and support of laboratory, radiology, physical therapy, pharmacy, mental health and other related personnel and equipment.

Accessory uses customarily incidental to a permitted main use on the premises.

Walking, hiking, bicycling, roller skating, picnicking, cross-country skiing and snow shoeing through the establishment of trails.

Fast-food establishment.

Walk-up establishment.

Fast casual restaurant.

Craft beverage business with tasting room.

Urgent care facility.

By-right accessory dwelling unit.

Exceptions which may be allowed in the C District by special permit from the special permit granting authority (SPGA) in accordance with the regulations appearing in § 300-18.2B(2) of this bylaw:

Indoor recreation facilities.

Outdoor recreation facilities.

Indoor family amusement centers.

Hotel, inn or motel.

The removal of sand, gravel, subsoil, topsoil or earth in accordance with Part 3, Article XII, of this bylaw.

Multifamily dwelling, provided that:

It does not exceed four dwelling units.

There is not less than 20,000 square feet of lot area per dwelling unit.

Adequate provision is made for off-street parking.

An environmental suitability study shows that the site is capable of sustaining this type of construction and use.

The entire multifamily dwelling and its necessary area requirements are located entirely in the Commercial District; or in a less restrictive district.

Two-family residence, provided there is not less than 20,000 square feet of lot area per dwelling unit.

Car wash (Planning Board acting as SPGA).

Youth center.

Building heights greater than 35 feet or three stories, pursuant to a determination of the special permit granting authority that the design, siting and scale of the proposed building are consistent with the location, scale and characteristics of the uses of the site and are in harmony with the surrounding properties and land uses.

Special permit accessory dwelling unit.

The following regulations shall be applicable in the Commercial District C:

Site plan. See Part 5, Article XIX.

In addition, applicants shall note the following:

Design review is required for new structures, and exterior renovation or alteration of existing structures, in the Commercial District C, as set forth in Chapter 142, Design Review, of the Town bylaws.

Per the Planning Board's direction, design review shall take place prior to or concurrently with the site plan review process in the Town of Sturbridge, and shall inform that process.

Property owners and designers shall use the Design Review Guidelines when applying for and undergoing the design review process, which may include architectural review and/or sign review.

Applicants are encouraged to discuss their projects with the Planning Department if they have any questions regarding the Design Review Guidelines.

§ 300-4.5 Commercial Tourist District (CT).

[Amended 4-28-2025 ATM by Art. 42]

The Commercial Tourist District is intended to be an attractive neighborhood and commercial center that is pedestrian-friendly, caters to residents and tourists alike and provides a variety of shopping opportunities, restaurants and inns, as well as establishments offering family entertainment during the day and night.

Permitted uses. The following uses are permitted uses in the CT District:

Single-family dwelling.

Dwelling units located within a structure which is primarily used for a permitted use in this district and secondarily used as a residence.

Hotels, motels and inns.

Specialty shopping facilities such as gift shops, apparel shops, antique shops, bookstores, galleries, banks, professional and business services, newsstands, furniture, drapery, music and video, pharmacy, sporting goods, bicycle shops, jewelry, hobby, toy and game stores, camera and photo supplies, luggage and leather, sewing, needlework and piece goods, florists, photographic studios, art dealers and places for display or sale of handicrafts, provided all displays are within the building. Areas for the production of goods are to be limited to no more than 35% of total floor areas. Total area shall not exceed 7,500 square feet per shop.

Restaurants, bakeries, delicatessens, candy, nut and confectionery stores, dairy, and specialty foods and/or beverage stores and places serving food and/or beverages for consumption on the premises. Total floor area shall not exceed 7,500 square feet per place.

Microbrewery. Total floor area shall not exceed 7,500 square feet unless located within buildings existing at the time of adoption of this amendment.

Walk-up establishments.

Indoor family amusement centers located within buildings existing at the time of adoption of this amendment.

Professional offices, including facilities occupied by businesses that provide professional services and/or are engaged in the production of intellectual property. Total floor area shall not exceed 6,000 square feet per structure. Examples of these include: accounting, auditing and bookkeeping services; advertising agencies; attorneys; commercial art and design services; counseling services; design services, including architecture, engineering, landscape architecture, urban planning; education, scientific and research organizations; financial management and investment counseling; management and public relations services; media postproduction services; news services; photographers and photography studios; secretarial, stenographic, word processing, and temporary clerical employee services; travel offices; security and commodity brokers; and writers and artists offices.

Beauty salons and barber shops and other personal services.

Dry cleaning and laundromat. Total floor area shall not exceed 4,000 square feet.

Artist studio.

Arts center.

Accessory uses customarily incidental to a permitted main use on the same premises.

Walking, hiking, bicycling, roller skating, picnicking, cross-country skiing, snow shoeing through the establishment of trails.

Rental shops for the hourly or daily rental of bicycles, kayaks, canoes, snow shoes, cross country skis, and other similar sporting apparatus.

Farmer's market.

Religious, educational or governmental use.

Craft beverage business with tasting room.

By-right accessory dwelling unit.

Exceptions which may be allowed in the CT District by special permit from the special permit granting authority (SPGA) in accordance with the regulations appearing in § 300-18.2B(2) of this bylaw:

Lodging houses or tourist homes.

Dramatic or motion-picture theaters.

Bed-and-breakfast (Planning Board acting as SPGA).

Youth center.

Building heights of greater than 35 feet or three stories may be allowed (Planning Board acting as SPGA) when it is determined that the location, scale and characteristics of the proposed land uses on the site; the design, siting and scale of structures are in harmony with the surrounding properties and land uses.

Special permit accessory dwelling unit.

The following regulations shall be applicable in the Commercial/Tourist District (CT):

Site plan review. See Part 5, Article XIX.

In addition, applicants shall note the following:

Design review is required for new structures, and exterior renovation or alteration of existing structures, in the Commercial Tourist District (CT), as set forth in Chapter 142, Design Review, of the Town bylaws.

Per the Planning Board's direction, design review shall take place prior to or concurrently with the site plan review process in the Town of Sturbridge, and shall inform that process.

Property owners and designers shall use the Design Review Guidelines when applying for and undergoing the design review process, which may include architectural review and/or sign review.

Applicants are encouraged to discuss their projects with the Planning Department if they have any questions regarding the Design Review Guidelines.

§ 300-4.6 General Industrial District (GI).

Permitted uses. The following uses are permitted uses in the GI District:

Wholesale warehouse and storage facilities.

Hotel, inn or motel.

Any manufacturing or industrial use, including processing, fabrication and assembly, provided that no such use shall be permitted which would be detrimental or offensive or tend to reduce property values in the same or adjoining districts by reason of dirt, odor, fumes, smoke, gas, sewage, refuse, noise, excessive vibration or danger of explosion or fire.

Automobile repair shop, automobile storage garage, automobile salesroom or lot not to exceed 40 vehicles for sale.

Accessory uses customarily incidental to a permitted main use on the same premises.

Walking, hiking, bicycling, roller skating, picnicking, cross-country skiing, snow shoeing through the establishment of trails.

Office, bank, newspaper or job printing establishment.

Religious, educational or governmental use.

Exceptions which may be allowed in the GI District by special permit from the special permit granting authority (SPGA) in accordance with the regulations appearing in § 300-18.2B(2) of this bylaw:

The removal of sand, gravel, subsoil, topsoil or earth in accordance with Part 3, Article XII of this bylaw.

The following regulations shall be applicable in the General Industrial District (GI):

Site plan. See Part 5, Article XIX.

In addition, applicants shall note the following:

Design review is required for new structures, and exterior renovation or alteration of existing structures, in the General Industrial District (GI), as set forth in Chapter 142, Design Review, of the Town bylaws.

Per the Planning Board's direction, design review shall take place prior to or concurrently with the site plan review process in the Town of Sturbridge, and shall inform that process.

Property owners and designers shall use the Design Review Guidelines when applying for and undergoing the design review process, which may include architectural review and/or sign review.

Applicants are encouraged to discuss their projects with the Planning Department if they have any questions regarding the Design Review Guidelines.

§ 300-4.7 Industrial Park District (IP).

Permitted uses. The following uses are permitted uses in the IP District:

Animal clinic or hospital, including animal rescue.

Business support services.

Child day-care center.

Equipment sales and rental facilities.

Handcraft industries, including retail sales of the product produced on the premises.

Health and fitness facilities.

Information processing facilities.

Plumbing, heating and electrical warehouses, showrooms and manufacturers.

Laboratories for research and development.

Communications/Telecommunications offices, radio and television broadcasting studios and facilities.

Newspaper printing and job printing.

Any manufacturing or industrial use, including processing, fabrication, packaging and assembly, provided that no such use shall be permitted which would be detrimental or offensive or tend to reduce property values in the same or adjoining districts by reason of dirt, odor, fumes, smoke, gas, sewage, refuse, noise, excessive vibration or danger of explosion or fire.

Food and beverage products manufacturing, including distilleries, breweries and co-packing and commercial kitchen space.

Wholesale warehouse or storage facilities, including self-storage facilities.

Automobile repair shop, automobile storage garage, automobile salesroom or lot not to exceed 40 vehicles for sale.

Accessory uses customarily incidental to a permitted main use on the same premises.

Professional offices and call centers.

Professional, scientific and technical services.

Hotel, inn or motel.

Walking, hiking, bicycling, roller skating, picnicking, cross-country skiing, snow shoeing through the establishment of trails.

(22)

(23)

Bank.

(24)

Retail and wholesale fuel oil distribution and off-site heating service, oil storage and associated office and garage space for motor vehicles of the fuel oil operation.

(25)

Religious, educational or governmental use.

Exceptions which may be allowed in the IP District by special permit from the special permit granting authority (SPGA) in accordance with the regulation appearing in § 300-18.2B(2) of this bylaw:

The removal of sand, gravel, subsoil, topsoil or earth in accordance with Part 3, Article XII of this bylaw.

Restaurant, including bakery and confectionery.

The following regulations shall be applicable in the Industrial Park District (IP):

Site plan. See Part 5, Article XIX.

In addition, applicants shall note the following:

Design review is required for new structures, and exterior renovation or alteration of existing structures, in the Industrial Park District (IP), as set forth in Chapter 142, Design Review, of the Town bylaws.

Per the Planning Board's direction, design review shall take place prior to or concurrently with the site plan review process in the Town of Sturbridge, and shall inform that process.

Property owners and designers shall use the Design Review Guidelines when applying for and undergoing the design review process, which may include architectural review and/or sign review.

Applicants are encouraged to discuss their projects with the Planning Department if they have any questions regarding the Design Review Guidelines.

§ 300-4.8 Commercial II District (C2).

[Amended 4-28-2025 ATM by Art. 43]

Permitted uses. The following uses are permitted uses in the C2 District:

Single-family dwelling. Also, apartments accessory to a commercial building (not to exceed two dwelling units per building).

Office, bank, newspaper or job printing establishment.

Retail store or shop, barber shop, beauty salon, personal service establishments, shop for the repair of personal or household items, laundromat, health and fitness center, artisan's or craftsmen's shop, wholesale and retail sales not involving manufacture on the premises except of products the major portion of which are sold on the premises by the producer.

Automobile service station.

Religious, educational or governmental use.

Nonprofit club.

Restaurants, including bakery and confectionery.

Accessory uses customarily incidental to a permitted main use on the premises.

Walking, hiking, bicycling, roller skating, picnicking, cross-country skiing and snow shoeing through the establishment of trails.

Fast-food establishment.

Walk-up establishment.

Fast casual restaurant.

Craft beverage business with tasting room.

Urgent care facility.

By-right accessory dwelling unit.

Exceptions which may be allowed in the C2 District by special permit from the special permit granting authority (SPGA) in accordance with the regulations appearing in § 300-18.2B(2) of this bylaw:

Indoor recreation facilities.

Outdoor recreation facilities.

Indoor family amusement centers.

Hotel, inn or motel

The removal of sand, gravel, subsoil, topsoil or earth in accordance with Part 3, Article XII of this bylaw.

Multifamily dwelling, provided that:

It does not exceed four dwelling units.

There is not less than 20,000 square feet of lot area per dwelling unit.

Adequate provision is made for off-street parking.

An environmental suitability study shows that the site is capable of sustaining this type of construction and use.

The entire multifamily dwelling and its necessary area requirements are located entirely in the Commercial District; or in a less restrictive district.

Two-family residence, provided there is not less than 20,000 square feet of lot area per dwelling unit.

Truck stop (Planning Board acting as SPGA).

Special permit accessory dwelling unit.

The following regulations shall be applicable in the Commercial II District (C2):

Site plan. See Part 5, Article XIX.

In addition, applicants shall note the following:

Design review is required for new structures, and exterior renovation or alteration of existing structures, in the Commercial II District (C2), as set forth in Chapter 142, Design Review, of the Town bylaws.

Per the Planning Board's direction, design review shall take place prior to or concurrently with the site plan review process in the Town of Sturbridge, and shall inform that process.

Property owners and designers shall use the Design Review Guidelines when applying for and undergoing the design review process, which may include architectural review and/or sign review.

Applicants are encouraged to discuss their projects with the Planning Department if they have any questions regarding the Design Review Guidelines.

§ 300-4.9 Historic Commercial District (HC).

[Amended 4-28-2025 ATM by Art. 44]

The purpose of the Historic Commercial District (HC) is to allow for a mixture of residential and limited service, retail and cultural uses, while maintaining the integrity of the character of the nearby National Register Historic District (NRHD).[1] The HC District is defined on the Sturbridge Zoning Map and contains properties both within and surrounding the NRHD. It is the goal of this section to preserve and protect the distinctive and/or historical characteristics of buildings and places through the maintenance and improvement of settings for such buildings and places and the encouragement of designs compatible therewith. Site layout and design should be done in a manner that respects the scale and design of existing neighborhoods and to fit into the streetscape.

Permitted uses. The following uses are permitted uses in the HC District:

Single-family dwelling.

General retail shops with a floor area of not greater than 6,000 square feet per structure, including antique shops; retail art galleries; art supply shops, including framing services; artisan shops; books, magazines and newspaper shops; camera and photographic supply shops; clothing, shoes and accessories shops; collectibles (cards, coins, stamps, comics, etc.); fabric and sewing supply shops; florists; gift and souvenir shops; hobby shops; handicraft shops; and other specialty boutiques, provided that such uses are conducted entirely within the building. Areas for the production of goods shall be limited to no more than 35% of total floor areas.

Restaurants; bakeries; delicatessens; candy, nut and confectionery stores; dairy and specialty food and/or beverage stores; and other places serving food for consumption on the premises. Total floor area shall not exceed 6,000 square feet per store.

Professional offices, including facilities occupied by businesses that provide professional services and/or are engaged in the production of intellectual property. Total floor area shall not exceed 6,000 square feet per structure. Examples of these include: accounting, auditing and bookkeeping services; advertising agencies; attorneys; commercial art and design services; counseling services; design services, including architecture, engineering, landscape architecture, urban planning; education, scientific and research organizations; financial management and investment counseling; management and public relations services; media postproduction services; news services; photographers and photography studios; secretarial, stenographic, word processing, and temporary clerical employee services; security and commodity brokers; and writers and artists offices.

Hotel, motel or inn not to exceed 125 rooms.

Libraries, museums, galleries.

Religious, educational or governmental use.

Walking, hiking, bicycling, roller skating, cross country skiing and snow shoeing through the establishment of trails and outdoor recreation, nature study, boating, fishing, swimming, hunting and picnicking where otherwise legally permitted.

Accessory uses customarily incidental to a permitted main use on the same premises, including one or more accessory dwelling units located above the first story of the structure containing a primary use permitted herein under Subsection A(2), (3) or (5).

Farm, including agriculture, horticulture and viticulture, provided that the lot is not less than five acres, including facilities for the sale of produce, wine and dairy products, provided that said facilities comply with the requirements of MGL c. 40A, § 3.

By-right accessory dwelling unit.

Exceptions which may be allowed in the HC District by special permit from the special permit granting authority (SPGA) in accordance with the regulations appearing in § 300-18.2B(2) of this bylaw:

Bed-and-breakfast, not to exceed 4,000 square feet.

Youth center, not to exceed 6,000 square feet unless constructed within a building existing at the time of adoption of this bylaw, in which case the youth center may occupy the entirety of the building.

Special permit accessory dwelling unit.

The following regulations shall be applicable in the Historic Commercial District (HC):

Guidelines for preservation and adaptive reuse of existing structures within the district for all projects requiring site plan review.

Purpose. The purpose of this subsection is to provide standards to be applied through site plan review for change of use of any existing property or structure within the district ("adaptive reuse projects"). Structures shall be re-used whenever possible and/or practicable. In general, preservation and rehabilitation efforts for these structures shall aim towards protecting the essential architectural features of a structure that help identify its individual style and thereby further its contribution to the historic character of the surrounding neighborhood.

Adaptive reuse projects within the Historic Commercial District shall retain a residential character, scale and style although the property is being utilized or is proposed to be utilized for commercial purposes and shall to the extent practicable follow the general rehabilitation principles below:

The historic character of a property will be retained and preserved. The removal of distinctive materials or alteration of features, spaces and spatial relationships that characterize a property will be avoided if possible.

Each property will be recognized as a physical record of its time, place and use. Changes that create a false sense of historical development, such as adding conjectural features or elements from other historic properties, shall not be undertaken.

Distinctive materials, features, finishes and construction techniques or examples of craftsmanship that characterize a property shall be preserved.

Deteriorated historic features will be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature will match the old in design, color, texture and, where possible, materials. Replacement of missing features will be substantiated by documentary and physical evidence.

Guidelines for additions to existing structures for all projects requiring site plan review.

Purpose. The purpose of this subsection is to provide standards to be applied through site plan review for the reuse of structures within the district and the incorporation of alterations and/or the construction of additions to those structures. Additions to historically valuable structures may be necessary to ensure their continued use. Modifications (e.g., additions, new entrances and exits, parking facilities, handicap facilities and other code improvements) shall be made with care so as not to compromise a structure's historically valuable features, finishes or materials. As with the adaptive reuse section [see Subsection C(1)], it is preferred that structures having potential historical value within the Town be re-used whenever possible and/or practicable and that any additions to these structures be done in a manner that minimizes changes in the appearance of the structure from the public right-of-way. In general, preservation and rehabilitation efforts for these structures shall aim towards protecting the essential architectural features of a structure that help identify its individual style and thereby further its contribution to the historic character of the surrounding neighborhood.

Projects that include the reuse of existing structures including the incorporation of additions and or modifications within the Historic Commercial District shall retain a residential character, scale and style although the property is being utilized or is proposed to be utilized for commercial purposes and shall to the extent practicable follow the general principles below:

Additions shall be carefully placed to minimize changes in the appearance of the structure from the public right-of-way. Whenever possible, additions should be placed to the side or rear of the structure and should not obstruct the appearance of the structure from the public right-of-way.

New additions, exterior alterations or related new construction shall not destroy historic materials, features and spatial relationships that characterize the property. The new work will be differentiated from the old and will be compatible with the historic materials, features, size, scale and proportion, and massing to protect the integrity of the property and its environment.

Additions to structures should incorporate the distinctive architectural features of the original structures, including:

[a]

Door and window shape, size and type;

[b]

Exterior materials;

[c]

Roof material, pitch and style; and

[d]

Trim and decoration.

Second-story additions will always change a structure's proportions; therefore, such additions shall be carefully designed to follow similar two-story examples of the particular style that may be found in the surrounding neighborhood.

Integrating a new second-story addition into the original design of the structure may be easier if the addition is set back from the front facade so that it is less noticeable from the public right-of-way.

[6]

New additions and adjacent or related new construction will be undertaken in a manner that, if removed in the future, would not impair the essential form and integrity of the historic property or its environment.

Guidelines for infill development for all projects requiring site plan review.

Purpose. The purpose of this subsection is to provide standards to be applied through site plan review for the construction of new structures within the Historic Commercial District. These guidelines are intended to encourage new infill development within the district that is compatible in scale and treatment with the existing, older development and to maintain the overall historic character and integrity of the area. At the same time, these guidelines are intended to promote the visual variety that is characteristic of Sturbridge and to provide for reasonable flexibility in accommodating personal style and preferences of applicants proposing new construction.

Projects that include the construction of new structures within the Historic Commercial District shall retain a residential character, scale and style although the property is proposed to be utilized for commercial purposes and shall to the extent practicable follow the general principles below:

New structures should support the distinctive architectural characteristics of development within the existing Historic Commercial District and nearby NRHD, including building mass, scale, proportion, decoration/detail, door and window spacing, exterior materials, porches and roof pitch and style.

The height of new structures should be considered within the context of their surroundings. Structures with greater height should consider providing greater setbacks at the second story level, to reduce impacts (e.g., blocking or screening of air and light, privacy, etc.) on adjoining story structures.

The incorporation of design elements that break up large facades and add human scale to the structures is encouraged.

The proper use of building materials can enhance desired neighborhood qualities (e.g., compatibility, continuity, harmony, etc). The design of new structures should incorporate an appropriate mixture of the predominant materials in the surrounding neighborhood whenever possible.

Building forms that reduce energy may be much different than traditional architectural types. Careful design is required to insure that such modern and commonly used features are integrated within the design. Solar panels and other sustainable construction features should be fully integrated into the design of new construction, rather than applied at the conclusion of the design process.

The following shall be applicable in the Historic Commercial District:

All parking, loading and service areas shall be located to the rear of the principal structure wherever possible.

Site plan review. See Part 5, Article XIX.

Design review.

Design review pursuant to Chapter 142, Design Review, of the Town bylaws shall be required for all adaptive reuse projects, additions to existing structures and infill development.

With respect to design review, applicants shall note the following:

Per the Planning Board's direction, design review shall take place prior to or concurrently with the site plan review process in the Town of Sturbridge, and shall inform that process.

Property owners and designers shall use the Design Review Guidelines when applying for and undergoing the design review process, which may include architectural review and/or sign review.

Applicants are encouraged to discuss their projects with the Planning Department if they have any questions regarding the Design Review Guidelines.

Note: The Sturbridge Town Common National Register Historic District is the historic civic, religious and commercial center of the Town of Sturbridge. This area is comprised of 138.15 acres, including the Town's original six-acre Town Common. It is further defined as the area along Main Street (Route 131) between Hall Road on the east and the I-84 overpass on the west, containing 47 public and privately owned properties. The area was designated a National Register Historic District in 1977.

§ 300-4.10 Special Use District (SU).

[Amended 4-28-2025 ATM by Art. 45]

Permitted uses. The following uses are permitted uses in the SU District:

Single-family detached dwelling.

Nursery, including display and sale of natural products.

Religious, educational or governmental use.

Walking, hiking, bicycling, roller skating, picnicking, cross-country skiing, snow shoeing, through the establishment of trails and other amenities.

Accessory uses customarily incidental to main use on the same premises.

Professional and medical offices.

Laboratories for research and development.

By-right accessory dwelling unit.

Exceptions which may be allowed in the SU District by special permit from the special permit granting authority (SPGA) (Unless otherwise noted, the Planning Board is the SPGA.) in accordance with the regulations appearing in § 300-18.2B(2) of this bylaw:

Campgrounds.

Manufactured home community for persons over the age of 55.

Bed-and-breakfast.

Hospital or medical treatment building.

Indoor recreational facilities.

Outdoor recreational facilities.

Craft beverage business with tasting room.

Microbrewery.

Indoor family amusement centers.

Special permit accessory dwelling unit.

Single-family attached dwelling, provided that:

It is located within an open space residential development and meets the requirements outlined in Part 3, Article VIII, Open Space Residential Development.

There is not less than 20,000 square feet of lot area per dwelling unit.

Two-family dwelling, provided that:

It is located within an open space residential development and meets the requirements outlined in Part 3, Article VIII, Open Space Residential Development.

There is not less than 20,000 square feet of lot area per dwelling unit.

Multifamily dwelling, provided that:

It is located within an open space residential development and meets the requirements outlined in Part 3, Article VIII, Open Space Residential Development.

There is not less than 20,000 square feet of lot area per dwelling unit.

The following regulation shall be applicable in the Special Use District (SU):

GROUNDWATER PROTECTION DISTRICT

Site plan review. See Part 5, Article XIX.

Signage. With the approval of the Board of Selectmen, one sign that conforms to all requirements of the Zoning Bylaw shall be allowed to be located within the Town right-of-way for an approved nonresidential use in the Special Use District. Minimal clearing will be allowed to provide visual access to the sign. Sign design and details shall be approved by the Design Review Committee.

§ 300-5.1 Purpose.

The purpose of this Groundwater Protection District is to:

Promote the health, safety and general welfare of this community by ensuring an adequate quality and quantity of drinking water for the residents, institutions and businesses of the Town of Sturbridge.

Preserve and protect existing and potential sources of drinking water supplies.

Conserve the natural resources of the Town.

Prevent temporary and permanent contamination of the environment.

§ 300-5.2 Scope of authority.

The Groundwater Protection District is an overlay district superimposed on the zoning districts. This overlay district shall apply to all new construction, reconstruction or expansion of existing buildings and new or expanded uses. Applicable activities or uses which fall within the Groundwater Protection District must comply with the requirements of this district as well as with the underlying zoning. Uses that are prohibited in the underlying zoning districts shall not be permitted in the Groundwater Protection District.

§ 300-5.3 Definitions.

For the purposes of this article, the following words and phrases shall have the following meanings:

AQUIFER

A geologic formation composed of rock, sand or gravel that contains significant amounts of potentially recoverable water.

The zoning district defined to overlay other zoning districts in the Town of Sturbridge. The Groundwater Protection District may include specifically designated recharge areas.

IMPERVIOUS SURFACE

Material or structure on, above or below the ground that does not allow precipitation or surface water to penetrate directly into the soil.

MINING

The removal or relocation of geologic materials such as topsoil, sand, gravel, metallic ores or bedrock.

RECHARGE AREAS

Areas that collect precipitation of surface water and carry it to aquifers. Recharged areas may include areas designated as Zone I, Zone II or Zone III.

TOXIC OR HAZARDOUS MATERIAL

Any substance or mixture of physical, chemical or infectious characteristic, posing a significant, actual or potential hazard to water supplies or other hazards to human health if such substance or mixture were discharged to land or water of the Town of Sturbridge. Toxic or hazardous materials include, without limitation, synthetic organic chemicals, petroleum products, heavy metals, radioactive or infectious wastes, acids and alkalis and all substances defined as toxic or hazardous under MGL c. 21C and c. 21E and 310 CMR 30.00, and also include such products as solvents and thinners in quantities greater than normal household use.

§ 300-5.4 Establishment and delineation of aquifers and recharge areas.

For the purposes of this district, there is hereby established within the Town a Groundwater Protection District, consisting of aquifers or recharge areas which are delineated on a map entitled "Town of Sturbridge, Massachusetts, Groundwater Protection District, November 2008." This map is hereby made a part of this bylaw and is on file in the office of the Town Clerk, Board of Selectmen, Town Planner and Public Works Department.

§ 300-5.5 District boundary disputes.

If the location of the district boundary in relation to a particular parcel is in doubt, resolution of boundary disputes shall be through a special permit application to the special permit granting authority (SPGA). Any application for a special permit for this purpose shall be accompanied by adequate documentation.

The burden of proof shall be upon the owner(s) of the land in question to show where the bounds should properly be located. At the request of the owner(s), the Town may engage a professional engineer (civil or sanitary), hydrologist, geologist or soil scientist to determine more accurately the boundaries of the district with respect to individual parcels of land, and may charge the owner(s) for all or part of the cost of the investigation.

§ 300-5.6 Use regulations.

In the Groundwater Protection District the following use regulations shall apply:

Permitted uses. The following uses are permitted within the Groundwater Protection District, provided that all necessary permits, orders or approvals required by local, state or federal law are also obtained:

Conservation of soil, water, plants and wildlife.

Outdoor recreation, nature study, boating, fishing and hunting where otherwise legally permitted.

Foot, bicycle and/or horse paths and bridges.

Normal operation and maintenance of existing water bodies and dams, splash boards and other water control supply and conservation devices.

Maintenance, repair and enlargement of any existing structure subject to Subsection B (prohibited uses) and Subsection C (special permitted uses).

Residential development subject to Subsection B (prohibited uses) and Subsection C (special permitted uses).

Farming, gardening, nursery, conservation, forestry, harvesting and grazing subject to Subsection B (prohibited uses) and Subsection C (special permitted uses).

Construction, maintenance, repair and enlargement of drinking water supply related facilities, such as but not limited to wells, pipelines, aqueducts and tunnels. Underground storage tanks related to these activities are not categorically permitted.

All other allowed uses within the zoning district boundary provided under the Town of Sturbridge Zoning Bylaws.

Prohibited uses. The following uses are prohibited:

Landfills and open dumps as defined in 310 CMR 19.006.

Storage of liquid petroleum products, except the following:

Normal household use, outdoor maintenance and heating of a structure;

Waste oil retention facilities required by statute, rule or regulation;

Emergency generators required by statute, rule or regulation;

Treatment works approved under 314 CMR 5.00 for treatment of groundwater or surface waters; provided that storage, listed in Subsection B(2)(a) through (d) above, is in freestanding containers within buildings or aboveground with secondary containment adequate to contain a spill the size of the container's total storage capacity.

Landfilling of sludge or septage as defined in 310 CMR 32.05.

Storage of sludge and septage, unless such storage is in compliance with 310 CMR 32.30 and 310 CMR 32.31.

Individual sewage disposal systems that are designed in accordance with 310 CMR 15.00 to receive more than 110 gallons of sewage per quarter acre under one ownership per day or 440 gallons of sewage on any one acre under one ownership per day, whichever is greater, except the replacement or repair of an existing system that will not result in an increase in design capacity above the original design. The required area shall consist of continuous buildable area (CBA) as defined in Article II of this bylaw.

Storage of deicing chemicals unless such storage, including loading areas, is within a structure designed to prevent the generation and escape of contaminated runoff or leachate.

Storage of animal manure unless covered or contained.

Earth removal consisting of the removal of soil, loam, sand, gravel or any other earth material (including mining activities) to within six feet of historical high groundwater as determined from monitoring wells and historical water table fluctuation data compiled by the United States Geological Survey, except for excavations for building foundations, roads or utility works.

Facilities that generate, treat, store or dispose of hazardous waste subject to MGL c. 21C and 310 CMR 30.00, except the following:

Very small quantity generators as defined under 310 CMR 30.00.

Household hazardous waste collection centers and events under 310 CMR 30.

Waste oil retention facilities required by MGL c. 21, § 52A.

Water remediation treatment works approved under 314 CMR 5.00.

Automobile graveyards and junkyards as defined in MGL c. 140B, § 1.

Treatment works that are subject to 314 CMR 5.00, including privately owned sewage treatment facilities, except the following:

The replacement or repair of an existing treatment works that will not result in a design capacity greater than the design capacity of the existing works.

The replacement of existing subsurface sewage disposal system(s) with wastewater treatment works that will not result in a design capacity greater than the design capacity of the existing system(s).

Treatment works approved by the Massachusetts Department of Environmental Protection designed for the treatment of contaminated groundwater.

Storage of liquid hazardous materials, as defined in MGL c. 21E, unless in a freestanding container within a building or aboveground with secondary containment adequate to contain a spill the size of the container's total storage capacity.

Industrial and commercial uses which discharge process wastewater on site.

Stockpiling and disposal of snow and ice containing deicing chemicals if brought in from outside the district.

Storage of commercial fertilizers and soil conditioners, as defined in MGL c. 128, § 64, unless such storage is within a structure designated to prevent the generation and escape of contaminated runoff or leachate.

The use of septic system cleaners which contain toxic or hazardous chemicals.

Uses and activities requiring a special permit. The following uses and activities are permitted only upon the issuance of a special permit by the special permit granting authority (SPGA) under such conditions as it may require:

Enlargement or alteration of existing uses that do not conform to the Groundwater Protection District.

The application of pesticides, including herbicide, insecticides, fungicides and rodenticides, for nondomestic or nonagricultural uses in accordance with state and federal standards. The special permit shall be granted if such standards are met. If applicable, the applicant should provide documentation of compliance with a Yearly Operating Plan (YOP) for vegetation management operations under 333 CMR 11.00 or a Department of Food and Agriculture approved Pesticide Management Plan or Integrated Pest Management (IPM) program under 333 CMR 12.00.

Application of fertilizers for nondomestic or nonagricultural uses. Such applications shall be made in a manner so as to minimize adverse impacts on groundwater due to nutrient transport, deposition and sedimentation.

Those activities that involve the handling of toxic or hazardous materials in quantities greater than those associated with normal household use, permitted in the underlying zoning (except as prohibited under Subsection B). Such activities shall require a special permit to prevent contamination of groundwater.

The construction of dams or other water control devices, ponds, pools or other changes in water bodies or watercourses, created for swimming, fishing or other recreational uses, agricultural uses or drainage improvements. Such activities shall not adversely affect water quality or quantity.

Any use that will render impervious more than 15% or 2,500 square feet of any lot, whichever is greater. A system for groundwater recharge must be provided which does not degrade groundwater quality. For nonresidential uses, recharge shall be by stormwater infiltration basins or similar system covered with natural vegetation, and dry wells shall be used only where other methods are not feasible. For all nonresidential uses, all such basins and wells shall be preceded by oil, grease and sediment traps to facilitate removal of contamination. Any and all recharge areas shall be permanently maintained in full working order by the owner.

§ 300-5.7 Procedures for issuance of special permit.

The special permit granting authority (SPGA) under this article shall be the Planning Board. Such special permit shall be granted if the SPGA determines, in conjunction with the Public Works Director, Board of Health, the Conservation Commission and Board of Selectmen, acting as Water Commissioners, that the intent of this article, as well as its specific criteria, are met. The SPGA shall not grant a special permit under this article unless the petitioner's application materials include, in the SPGA's opinion, sufficiently detailed, definite and credible information to support positive findings in relation to the standards given in this article. The SPGA shall document the basis for any departures from the recommendations of the other Town boards or agencies in its decision.

Upon receipt of the special permit application, the SPGA shall transmit one copy to the Public Works Director, Board of Health, the Conservation Commission and Board of Selectmen, acting as Water Commissioners, for their written recommendations. Failure to respond in writing within 45 days of receipt by the Board shall indicate approval or no desire to comment by said agency. The necessary number of copies of the application shall be furnished by the applicant.

The SPGA may grant the required special permit only upon finding that the proposed use meets the following standards, those specified in § 300-5.6 of this bylaw and any regulations or guidelines adopted by the SPGA. The proposed use must:

In no way, during construction or thereafter, adversely affect the existing or potential quality or quantity of water that is available in the Groundwater Protection District.

Be designed to avoid substantial disturbance of the soils, topographic drainage, vegetation and other water-related natural characteristics of the site to be developed.

The SPGA may adopt regulations to govern design features of projects. Such regulations shall be consistent with subdivision regulations adopted by the Planning Board.[1]

Editor's Note: See Ch. 350, Subdivision Regulations.

The applicant shall file six copies of a site plan and attachments. The site plan shall be drawn at a proper scale as determined by the SPGA and be stamped by a professional engineer. All additional submittals shall be prepared by qualified professionals. The site plan and its attachments shall at a minimum include the following information where pertinent:

A complete list of chemicals, pesticides, herbicides, fertilizers, fuels and other potentially hazardous materials to be used or stored on the premises in quantities greater than those associated with normal household use.

For those activities using or storing such hazardous materials, a hazardous materials management plan shall be prepared and filed with the Hazardous Materials Coordinator, Fire Chief and Board of Health. The plan shall include:

Provisions to protect against the discharge of hazardous materials or wastes to the environment due to spillage, accidental damage, corrosion, leakage or vandalism, including spill containment and cleanup procedures.

Provisions for indoor, secured storage of hazardous materials and wastes with impervious floor surfaces.

Evidence of compliance with the regulations of the Massachusetts Hazardous Waste Management Act, 310 CMR 30.00, including obtaining an EPA identification number from the Massachusetts Department of Environmental Protection.

Proposed down-gradient location(s) for groundwater monitoring well(s), should the SPGA deem the activity a potential groundwater threat.

The SPGA shall hold a hearing, in conformity with the provision of MGL c. 40A, § 9, within 65 days after the filing of the application and after the review by the Town boards, departments and commissions. Notice of the public hearing shall be given by publication and posting and by first class mailings to "parties of interest" as defined in MGL c. 40A, § 11. The decision of the SPGA and any extension, modification or renewal thereof shall be filed with the SPGA and Town Clerk within 90 days following the closing of the public hearing. Failure of the SPGA to act within 90 days shall be deemed as granting of the permit. However, no work shall commence until a certification is recorded as required by MGL c. 40A, § 11.

Written notice of any violations of this article shall be given by the Building Inspector to the responsible person as soon as possible after detection of a violation or a continuing violation. Notice to the assessed owner of the property shall be deemed notice to the responsible person. Such notice shall specify the requirement or restriction violated and the nature of the violation, and may also identify the actions necessary to remove or remedy the violations and preventive measures required for avoiding future violations and a schedule of compliance. A copy of such notice shall be submitted by the Building Inspector to the Board of Health, Conservation Commission and Director of Public Works and Board of Selectmen, acting as Water Commissioners. The cost of containment, cleanup or other action of compliance shall be borne by the owner and operator of the premises. For situations that require remedial action to prevent adverse impact to the water resources within the Groundwater Protection District, the Town of Sturbridge, the Building Inspector, the Board of Health or any of their agents may order the owner or operator of the premises to remedy the violation. If said owner and/or operator does not comply with said order, the Town of Sturbridge, the Building Inspector, the Board of Health or any of their agents, if authorized to enter upon such premises under the terms of the special permit or otherwise, may act to remedy the violation. The remediation cost shall be the responsibility of the owner and operator of the premises.

§ 300-5.8 Severability.

A determination that any portion or provision of this overlay protection district is invalid shall not invalidate any other portion or provision thereof, nor shall it invalidate any special permit previously issued thereunder.

§ 300-6.1 Purpose.

The Village Gateway District (VG) is intended to guide development, redevelopment and changes in land use to provide a "Gateway" to Sturbridge. The purpose of the Village Gateway District is to assure that the use of land, buildings and other structures and site development within its boundaries are conducted in a manner that promotes the establishment of development nodes, discourages the establishment of strip development, and promotes community character, and high-quality architecture and landscaping while maintaining the environmental integrity of the district. The Village Gateway District provides a higher standard of appearance for corridors that serve as the main entrances to the community.

This district is primarily intended for small to mid-sized business uses serving both residents and visitors, and/or tourism-based uses developed in a manner that:

Helps create a visually appealing Gateway to the Village/Commercial Tourist District by requiring specific landscaping and architectural standards to insure a consistent high level of design quality as you enter the district;

Provides a transition between the larger commercial uses commonly found within the Commercial District and small shops generally found in the Commercial Tourist District by encouraging the development of small to mid-sized businesses within the VG;

Helps implement pertinent recommendations of the Master Plan and Commercial Tourist District Revitalization Plan;

Encourages redevelopment and infill in developed areas;

Avoids creation of traffic congestion or hazards within the Route 20 corridor;

Creates more walkable areas within the district; and

Demonstrates excellence in building and site design.

§ 300-6.2 Establishment.

The Village Gateway District is hereby established and consists of the area(s) shown on a map entitled "Zoning Map of Sturbridge, Massachusetts" on file with the Town Clerk, as may from time to time be amended.

§ 300-6.3 Authority.

The Planning Board shall act as the special permit granting authority (SPGA) and the administering authority for site plan approval pursuant to Part 5, Article XIX, of the Town of Sturbridge Zoning Bylaw for all uses within this district. The Planning Board shall also serve as the SPGA for any use that requires a special permit in the underlying district, any use requiring a special permit pursuant to § 300-6.4B of this chapter, and any application for special permit subject to § 300-6.5C of this chapter. Where standards or other requirements listed as part of this district may conflict with others in the bylaws, the provisions for this district shall apply.

§ 300-6.4 Use regulations.

The following uses are permitted by right subject to the site plan review requirements of Part 5, Article XIX, of this bylaw, and all applicable density and design provisions of this bylaw:

Hotels, motels and inns.

General retail shops with a floor area of not greater than 7,500 square feet per structure, including antique shops; retail art galleries; art supply shops, including framing services; artisan shops; books, magazines and newspaper shops; camera and photographic supply shops; clothing, shoes and accessories shops; collectibles (cards, coins, stamps, comics, etc.); fabric and sewing supply shops; florists; gift and souvenir shops; hobby shops; handicraft shops; furniture, drapery, music and video, pharmacy, sporting goods, bicycle shops, jewelry, hobby, toy and game stores, camera and photo supplies, luggage and leather, sewing needlework and piece goods, photographic studios, art dealers and places for display or sale of handicrafts, provided all displays are within the building, and other specialty boutiques, provided that such uses are conducted entirely within the building.

Personal service establishments with a floor area of not greater than 7,500 square feet per structure.

Professional offices, including facilities occupied by businesses that provide professional services and/or are engaged in the production of intellectual property. Total floor area shall not exceed 7,500 square feet per structure. Examples of these include: accounting, auditing and bookkeeping services; advertising agencies; attorneys; commercial art and design services; counseling services; design services, including architecture, engineering, landscape architecture, urban planning; education, scientific and research organizations; financial management and investment counseling; management and public relations services; media postproduction services; news services; photographers and photography studios; secretarial, stenographic, word processing, and temporary clerical employee services; security and commodity brokers; and writers and artists offices.

Restaurants, bakeries, delicatessens, candy, nut and confectionery stores, dairy and specialty foods and/or beverage shops and places serving food for consumption on the premises. Total floor area shall not exceed 7,500 square feet per structure. Drive-thru windows are not permitted.

Outdoor seating associated with restaurants.

Cultural and historic attractions.

Artist live and work space.

Residential units located above nonresidential space.

Banks and financial institutions without a drive-up window or ATM drive.

The following uses may be allowed by special permit (Planning Board as SPGA) subject to the special permit criteria outlined in § 300-18.2B(2) and the requirements of this chapter:

Indoor recreational facilities (maximum size 7,500 square feet per structure).

Live theater or movie house with a maximum of two screens.

Dance studios.

Any permitted use with more than one curb cut.

Banks and financial institutions with a drive-up window or ATM drive-up lane.

Fast casual restaurant with drive-thru.

Fast-food establishment.

[Added 6-7-2021 ATM by Art. 38]

§ 300-6.5 Dimensional requirements.

Front setback shall be 50 feet.

Side and rear setbacks shall be 30 feet.

Maximum height shall be 35 feet. Hotels, motels and inns may exceed 35 feet in height by special permit.

§ 300-6.6 Design standards.

The design standards in this section shall be applied to development within the Village Gateway District. These standards are to be applied by the Planning Board through the site plan review process and are not to be seen as inflexible standards. If a particular development is proposed which departs from the general criteria in basic concept or in detail, the Planning Board may waive or modify the general criteria upon demonstration that the proposed design is of high standards and that any departures from the general criteria will not violate the intent of the Zoning Bylaw or the design conditions.

Relationship to surroundings. The location, scale and characteristics of proposed land uses on the site; the design, siting and scale of structures; and the circulation and other characteristics of the development shall be in harmony with surrounding properties and land uses.

Adjacent buildings of different architectural styles shall be made compatible by such means as screens, sight breaks and materials.

Attractive landscape transition to adjoining properties shall be provided.

Harmony in textures, lines and masses is required. Monotony shall be avoided.

Environmental resources shall be respected and protected.

Relationship of building to site.

The site shall be planned to accomplish a desirable transition with the streetscape and to provide for adequate planting and safe vehicular and pedestrian movement.

Parking areas shall be treated with decorative elements, building wall extensions, planting, berms or other innovative means so as to provide suitable screening and heat island mitigation.

Within the permissible limits of the Zoning Bylaw, the height and scale of each building shall be compatible with the site and existing adjoining buildings.

Vehicular and pedestrian circulation.

The base parking standards contained in Part 4, Article XVI, of this bylaw shall apply to individual uses within the VG. However, parking space size shall be reduced to nine feet by 18 feet and the total paved square footage difference between this parking space size and the traditional 10 feet by 20 feet requirement shall be incorporated as additional interior parking lot landscaping, or if suitable area exists on site, for the creation of an outdoor seating area or pocket park. The calculation for the additional parking lot landscaping or for and outdoor seating or parking area is: No. of spaces provided x 38 square feet.

Two-way driving lanes shall be a minimum of 25 feet wide for angle parking. One-way driving lanes shall be a minimum of 18 feet wide for angle parking. A twenty-four-foot-wide driving lane is required for perpendicular parking. Dead-end parking lanes shall be avoided; however, if they are necessary, turnarounds shall be provided at their ends.

All uses within a proposed VG development shall share all on-site parking. All parking lots shall be screened from adjacent streets by buildings or vegetation. Efforts shall be taken to emphasize buildings and de-emphasize asphalt. Walkability elements are required to be integrated into the overall site design and walkways, benches, landscaping and strategically placed open spaces shall be incorporated design elements. Spaces between buildings may be used to form outdoor rooms and may be used to provide outdoor seating for restaurant or other uses and to create other restful spaces.

Shared parking may be allowed subject to the provisions of § 300-16.10, Shared parking, of this bylaw.

Curbing within the parking lot along the perimeter and for islands is to be granite in accordance with MassDOT Standards.

Pedestrian walkways, streets, driveways, terraces and parking areas shall be carefully designed to provide an inviting and stable appearance, with respect to topography, proper relation to surrounding streets and pedestrian ways, number of access points to public streets, provision of a clear and efficient street system on the site, adequate widths of drives and street, separation and attractive parking areas and proper relationship of circulation elements to structures and other site features. Universal accessibility shall be provided in conformance with state regulations and federal guidelines (AAB and ADA). The use of architectural treatments such as stamped concrete, pavers or bricks is highly encouraged for walkways and crosswalks within the site.

Sidewalks should not only be provided within the site but should also be provided along the frontage of the property abutting any roadway.

Sufficient maneuvering space shall be provided such that vehicles shall not have to back into a public way or across a public sidewalk in order to enter or exit any parking area. Space for snow removal activities shall be provided in addition to the required parking and maneuvering space.

All parking areas and main pedestrian routes shall be suitably lighted. Lights shall be appropriately styled, shall be partial or full cut-offs and shall be energy efficient. Illumination levels shall conform with Illuminating Engineering Society (IES) standards.

Prior to the issuance of an occupancy permit a registered professional engineer must certify that the drainage system, driveways, curbing and parking areas have been installed according to accepted practices and in compliance with the Zoning Bylaw and all applicable permits and approvals.

It is important to remember that drivers become pedestrians once they park their cars and that they must walk to the facility for which the parking is provided. Parking lots shall include a clearly delineated, properly constructed pedestrian system to bring people from their cars to the facility.

Building siting and topography.

All buildings and other structures shall be sited to minimize disruption of the topography and to facilitate natural surface drainage and shall be properly designed for the particular site conditions. Strict attention shall be given to proper functional, visual and spatial relationship of all structures, landscape elements and paved areas.

Where slopes are steep, terracing should be employed using properly stabilized slopes or retaining walls.

Topography which slopes from one lot across another shall be graded so as to minimize runoff directly onto lower lots. In no case shall conditions be created which channel excessive amounts of surface drainage directly onto major yard spaces or buildings on lower lots.

Design of structures.

All structures shall be of quality design and construction and shall be compatible with the neighborhood and the Town as to design characteristics, including but not limited to scale, massing, proportions, height, roofs, colors and materials.

Traditional New England architecture is preferred. Buildings should be carefully designed to reflect contextual New England elements. Franchise buildings are required to use elements that are appropriate to the character of the Town and that support and enhance the community identity. These elements might include Georgian, Federal and Greek Revival details, complementary materials and other traditional New England stylistic features.

Building finish materials shall be that of traditional New England architecture. Exterior siding finishes, including trim, shall be wood or approved synthetic materials which are close in appearance and detail to the natural material they emulate. All sides of the building should use materials consistent with those on the facade, when visible from public streets, lakes, ponds or neighboring properties, and should be carefully designed with similar detailing, comparable quality and compatible materials.

Buildings shall be designed in appropriate scale and be in harmony with other traditional neighborhood development.

In multiple-building projects, variable siting of individual buildings should be considered as a means to prevent a monotonous appearance.

Buildings may have more than one principal facade and/or entry. As one of the most important parts of the facade, the main entrance should be easily identifiable. Both street facing and rear entry doors and entryways should be compatible with the architectural style of the structure.

Blank walls adjacent to streets, alleys or open spaces shall not be permitted. Where typical windows are not possible or appropriate to the intended use, false windows or "blank windows" should be considered.

Windows, sidelights and glazed doors must have exterior muntins or those which give the appearance of true divided lights and are nonremovable. Solid glass windows or doors are not acceptable, with a possible exception for elevations that are not visible from public streets.

Building design should incorporate features that add visual interest to the building while reducing the appearance of bulk or mass. Buildings should avoid long, monotonous, uninterrupted walls or roofs on their visible facades. They also should avoid long expanses of repetitive architectural elements. Wall offsets and varied rooflines shall be used on larger buildings to create the appearance of several small buildings clustered together. Within a project, compatibility shall be achieved through the consistent use of the noted architectural styles, and using materials, fenestration, scale and other architectural features appropriate to that style.

In keeping with traditional New England architecture, structures shall have roofs that are sloped and may be articulated with dormers, chimneys, gables, cupolas, fascias, etc. If a mansard or "false" mansard roof is used on a large commercial structure, the roof should be consistent in slope and arrangement on all sides and high enough to screen all mechanical equipment. Asphalt shingles, cedar shake shingles or slate is desirable. The use of corrugated sheet metal or standing seam metal roofing is not permitted.

Fenestration (arrangement of windows on the wall) should be architecturally related to the style, materials, colors and details of the building. Windows and door openings should be proportioned so that verticals dominate horizontals. To the extent possible, upper-story windows shall be vertically aligned with the location of windows and doors on the ground level, including storefront or display windows.

Exterior lighting, when used, shall enhance the building design and surrounding landscape. Lighting standards and building fixtures shall be of a design and size comparable with the building and adjacent areas. Lighting shall be restrained in design and excessive brightness avoided, with no spillover to occur on streets and surrounding property.

Utilities and storm drainage.

All electrical utility lines, including but not limited to telephone, power and cable television, shall be placed underground in new developments. The installation shall be done in accordance with the specifications of the utility company concerned. The placement of electrical lines and other underground utility lines, such as water and sewer, shall be coordinated whenever possible and desirable. Placement of utilities, including sanitary sewers and disposal facilities, shall be done so as to minimize disruption of topography and cutting of trees or undergrowth. The proposed method of sanitary sewage disposal shall be shown precisely on plans.

Storm drainage shall be designed according to best management practices and shall comply with local and state law. Where possible, low-impact development stormwater treatment shall be provided. Where infiltration areas, rain gardens or bioswales are used, they shall be planted and maintained. Plantings are to be stamped by a registered landscape architect.

Signs.

Due to the unique nature of the Gateway District, every sign shall be designed as an integral architectural element of the building and site to which it relates.

Signs and outdoor advertising features shall be subject to the requirements of Part 4, Article XVII, Signs. Such signs shall be reviewed as an integral element in the design and planning of all developments and shall be in harmony with the proposed and nearby developments.

Every sign shall have good scale and proportion in its design and in its visual relationship to buildings and surroundings.

Every sign shall be designed as an integral architectural element of the building.

The colors, materials and lighting of every sign shall be harmonious with the building and site to which it principally relates.

Landscaping and existing vegetation.

These standards are in addition to those contained in Part 5, Article XIX, Site Plan Review; where landscape standards conflict, those found in this article shall prevail. Landscape elements included in these criteria consist of all forms of planting and vegetation, ground forms, rock groupings, water features and all visible site construction, not including buildings and utilitarian structures.

Natural tree coverage and other desirable natural foliage shall be preserved to the maximum extent possible and proposed improvements shall be designed accordingly.

Where natural or existing topographic patterns contribute to beauty and utility of development, they shall be preserved and developed. Modification to topography will be permitted where it contributes to good appearance.

Unity of design shall be achieved by repetition of certain plant varieties and other materials and by correlation with adjacent developments. Plant material shall be noninvasive as delineated on the MassDOT Invasive Plant List. Plant material shall preferably be native, shall be selected to thrive in its location, be low maintenance and be attractive.

Landscape treatments shall be provided to enhance architectural features, strengthen vistas and provide shade and microclimate control.

Property edge landscaping.

Ornamental fence types, including but not limited to snake rail fence, split rail fence, stone walls or other similar treatment, shall be considered along the property boundary abutting a public roadway.

Where commercial property abuts residential property, setbacks and landscape buffers shall be as required in Subsection K, Buffers between land uses.

Within other property setbacks, existing vegetation shall be preserved if it is healthy and noninvasive. If the existing material is diseased, dying or on the State's Invasive Species List, it shall be removed. New plant materials shall be added to screen views, to encourage plant diversity and habitat and to improve appearance.

Parking lots that abut public ways shall be separated from the public way by at least a ten-foot strip of landscaping that shall contain trees, shrubs and other plant material. Shade trees shall be spaced at 40 feet on center, and flowering trees shall be spaced 30 feet on center. In addition, shrubs, grasses and perennials shall be installed in this planting strip.

Property interior landscaping.

Parking areas/lots.

Parking lots shall contain visual relief from vast expanses of unbroken blacktop and cars. In parking areas exceeding 1/4 acre but less than one acre in area, landscaped islands containing trees of greater than six feet in height shall be provided at a rate of at least six per 80 parking spaces. At least half of these trees shall be of a species expected to mature to a height greater than 30 feet. Landscaping in islands shall be protected from damage from cars and snow removal operations.

When the total amount of parking on a lot or building site exceeds 40,000 square feet, the parking shall be separated into smaller lots or segments of not more than 20,000 square feet each, with dividers at least 10 feet wide and containing vegetation as required for parking lots abutting public ways, above. In lots of this size cut into a hillside or rolling topography with relief, these segments shall be terraced with the slope and the divider strips stabilized against erosion.

Screening of service yards, delivery areas and other places that tend to be unsightly shall be accomplished by use of walls, fencing, planting or combinations of these.

Within the property and its setbacks, landscaping using plant material is encouraged. Site design should minimize large expanses of pavement, include plant material to soften appearance, cool temperatures and treat stormwater.

In areas where general plantings will not prosper, other materials such as fences, walls and paving of wood, brick, stone, gravel and cobbles shall be used.

A registered landscape architect or other qualified licensed professional must certify to the Planning Board in writing for notification of the Building Inspector prior to the issuance of a final occupancy permit that the required landscaping has been properly installed in accordance with the approved site plan, Zoning Bylaw and acceptable landscape practices.

Buffers between land uses.

Uses adjacent to residential. In order to protect residential land from potential noxious or disruptive effects of adjacent land uses of different character and to eliminate as practicable the impacts of visibility, noise and lighting, the following buffer areas shall be provided.

Where commercial use abuts residential use, a minimum setback of 30 feet from the property line is required in which structures and vehicular infrastructure such as parking and loading areas, and drive aisles other than entrance and exit driveways are prohibited. Within this setback, plant material shall be installed for 2/3 of the buffer width starting from the property line to visually screen the commercial property from residential abutters. Evergreen and deciduous plant material shall be spaced and sized appropriately at installation to achieve this requirement.

Other property setbacks. Within other property setbacks, existing vegetation shall be preserved if it is healthy and noninvasive. If the existing material is diseased, dying or on the State's Invasive Species List, it shall be removed. New plant materials shall be added to screen views, to encourage plant diversity and habitat and to improve appearance. New plant material shall be a mix of deciduous and evergreen trees, shrubs and ground cover in a mix of large and small sizes, and in a density sufficient to provide some screening of the building from the public road.

Other site features.

All service areas, loading areas, outdoor storage, utility structures, mechanical equipment, garbage disposal facilities or other service or utility facilities shall be located or visually screened so as not to create hazards or visual or other nuisances. Light fixtures, walls, fences, benches, recreation facilities and other such site appurtenances shall be harmoniously designed, constructed and located in relation to other site features.

Exterior lighting shall be part of the architectural concept. Fixtures, standards and all exposed accessories shall be harmonious with building design.

Erosion and sedimentation control.

During the construction of the driveways, parking areas and drainage system, disturbance to the site shall be minimized. Construction equipment and trucks must stay within the areas of proposed work as shown on the approved plan.

Temporary vegetation, mulching or other protective measures must be provided for areas that will be exposed for one or more months. These temporary measures must be applied immediately after disruption. Temporary measures include seeding with rye grass or other annual grasses, jute netting, spreading straw mulch and any other method acceptable to the Building Inspector. The Building Inspector may require a specific type of temporary stabilization for any given area. If a disturbed area will be exposed for greater than one year, permanent grasses or other approved cover must be installed.

In disturbed areas, if the surface material is not suitable for the growing of seed, a minimum of four inches of loam will be required.

All slopes shall be stabilized by adequate ground cover or other approved means to prevent erosion and to retard excessive runoff. Means of preventing erosion during construction shall be specified to the satisfaction of the Building Inspector.

Temporary sediment controls are required for unpaved driveways, paved driveways where curbing has not been installed, drainage inlets and drainage outfalls. Temporary sediment control devices include silt fences, filter strips, double-row staked haybales, silt traps, sediment basins and crushed rock berms. Temporary sediment control devices must be placed along roadsides where runoff may occur and around storm drain inlets and outfalls.

The developer is responsible for preventing all erosion and buildup of sediment within the area disturbed due to the construction of the road and drainage system.

§ 300-7.1 Purpose.

The purpose of the Medical Marijuana Overlay District is to provide for the placement of registered marijuana dispensaries (RMDs) and off-site medical marijuana dispensaries (OMMDs), in accordance with the Humanitarian Medical Use of Marijuana Act, MGL c. 94C, App. § 1-1 et seq., in locations suitable for lawful medical marijuana facilities and to minimize adverse impacts of RMDs on adjacent properties, residential neighborhoods, historic districts, schools, playgrounds and other locations where minors congregate by regulating the siting, design, placement, security and removal of RMDs.

§ 300-7.2 Definitions.

Where not expressly defined in the Zoning Bylaws, terms used in this article shall be interpreted as defined in the Humanitarian Medical Use of Marijuana Act, MGL c. 94C, App. § 1-1 et seq. and the Department of Public Health Regulations promulgated thereunder, 935 CMR 500 et seq., and otherwise by their plain language.

§ 300-7.3 Location.

RMDs or OMMDs may be permitted in the Medical Marijuana Overlay District pursuant to a special permit.

RMDs or OMMDs may not be located within 300 feet of the following:

School, including a public or private elementary, vocational or secondary school or a public or private college, junior college or university;

Child-care facility;

Library;

Public playground;

Public park;

Youth center;

Public swimming pool;

Video arcade facility; or

Similar facility in which minors commonly congregate.

The distance under this section is measured in a straight line from the nearest point of the property line of the protected uses identified in § 300-7.3B to the nearest point of the property line of the proposed RMD or OMMD.

The distance requirement may be reduced by 25% or less by special permit, but only if:

The applicant demonstrates that the RMD or OMMD would otherwise be effectively prohibited within the municipality;

The applicant demonstrates that the RMD or OMMD will employ adequate security measures to prevent diversion of medical marijuana to minors who are not qualifying patients pursuant to 935 CMR 502.110.

§ 300-7.4 Application and approval procedures.

The Planning Board shall be the special permit granting authority (SPGA) for a special permit for an RMD or OMMD. Site plan review is required for all RMD or OMMD applications in accordance with Part 5, Article XIX, of the Zoning Bylaw.

Application. In addition to the materials required under § 300-19.3 (site plan review contents of plans), all applications for RMDs shall include:

The name and address of each owner of the RMD or OMMD facility/operation;

A copy of its registration as an RMD or OMMD from the Massachusetts Cannabis Control Commission (CCC);

Evidence that the applicant has site control and the right to use the site for an RMD or OMMD facility in the form of a deed or valid purchase and sales agreements, or, in the case of a lease, a notarized statement from the property owner and a copy of the lease agreement;

In addition to what is normally required in a site plan, details showing all exterior proposed security measures for the RMD or OMMD, including lighting, fencing, gates and alarms, etc. ensuring the safety of employees and patrons and to protect the premises from theft or other criminal activity;

A description of all activities to occur on site;

A detailed floor plan of the premises of the proposed RMD or OMMD that identifies the square footage available and describes the functional areas of the RMD or OMMD, including areas for any preparation of MIPs;

A description of the security measures, including employee security policies, approved by the CCC for the RMD;

A copy of the emergency procedures approved by the CCC for the RMD or OMMD;

A copy of the policies and procedures for patient or personal caregiver home-delivery approved by the CCC for the RMD or OMMD;

A copy of the policies and procedures for the transfer, acquisition or sale of marijuana between RMDs or OMMDs approved by the CCC;

A copy of proposed waste disposal procedures; and

A description of any waivers from CCC regulations issued for the RMD or OMMD.

The SPGA shall refer copies of the application to the Building Department, Fire Department, Police Department, Board of Health, Conservation Commission and Department of Public Works. These departments shall review the application and shall submit their written recommendations. Failure to make recommendations within 35 days of referral of the application shall be deemed lack of opposition.

RMD facilities that can demonstrate that they comply with the agricultural exemption under MGL c. 40A, § 3 must still apply for site plan approval.

§ 300-7.5 Additional requirements and conditions on RMDs or OMMDs.

Physical requirements.

All aspects of the use/facility relative to the acquisition, cultivation, possession, processing, sales, distribution, dispensing or administration of marijuana, products containing marijuana, related supplies or educational materials must take place at a fixed location within a limited-access area and shall not be visible from the exterior of the business.

Ventilation. All RMD and OMMD facilities shall be ventilated in such a manner that:

No pesticides, insecticides or other chemicals or products used in the cultivation or processing are dispersed into the outside atmosphere; and

No odor from marijuana or its processing can be detected by a person with an unimpaired and otherwise normal sense of smell at the exterior of the medical marijuana business or at any adjoining use or property.

Signage shall be displayed on the exterior of the RMD and OMMD facility's entrance in plain sight of clients stating that "Registration Card issued by the MA Department of Public Health required" in text two inches in height.

Conditions. The Planning Board shall impose conditions reasonably appropriate to improve site design, traffic flow, public safety, protect water quality, air quality, and significant environmental resources, preserve the character of the surrounding area and otherwise serve the purpose of this section. In addition to any specific conditions applicable to the applicant's RMD or OMMD, the Planning Board shall include the following conditions in any permit granted under this bylaw:

Hours of operation, including dispatch of home deliveries.

RMD and OMMD facilities may only be involved in the uses permitted by its definition and may not include other businesses or services.

The permit holder shall file a copy of any Incident Report required under 935 CMR 501.110 with the Zoning Enforcement Officer and the Planning Board acting as SPGA within 24 hours of creation by the RMD or OMMD. Such reports may be redacted as necessary to comply with any applicable state or federal laws and regulations.

The permit holder shall file a copy of any summary cease and desist order, cease and desist order, quarantine order, summary suspension order, order limiting sales, notice of a hearing or final action issued by DPH or the Division of Administrative Law Appeals, as applicable, regarding the RMD or OMMD with the Zoning Enforcement Officer and the Planning Board acting as SPGA within 48 hours of receipt by the RMD or OMMD.

The permit holder shall provide to the Zoning Enforcement Officer and Chief of Police, the name, telephone number and electronic mail address of all management staff in the event that such person(s) needs to be contacted after regular business hours to address an urgent issue. Such contact information shall be kept updated by the permit holder.

The local Building Inspector, Board of Health, Police Department, Fire Department and special permit granting authority shall be notified in writing by an RMD or OMMD facility owner/operator/manager a minimum of 30 days prior to any change in ownership or management of that facility.

The permit shall lapse within five years of its issuance. If the permit holder wishes to renew the permit, an application to renew the permit must be submitted at least 120 days prior to the expiration of the permit.

The permit shall be limited to the current applicant and shall lapse if the permit holder ceases operating the RMD.

The permit shall lapse upon the expiration or termination of the applicant's registration by DPH.

FUNCTIONALLY DEPENDENT USE

The permit holder shall notify the Zoning Enforcement Officer and Planning Board in writing within 48 hours of the cessation of operation of the RMD or the expiration or termination of the permit holder's registration with DPH.

§ 300-7.6 Prohibition against nuisances.

No use shall be allowed under this article which creates a nuisance to abutters or to the surrounding area, or which creates any hazard, including, but not limited to, fire, explosion, fumes, gas, smoke, odors, obnoxious dust, vapors, offensive noise or vibration, flashes, glare, objectionable effluent or electrical interference, which may impair the normal use and peaceful enjoyment of any property, structure or dwelling in the area.

§ 300-7.7 Required findings.

In addition to the standard findings for a special permit or site plan approval the special permit granting authority must also find all the following:

That the applicant has satisfied all of the conditions and requirements of this chapter and other applicable sections of this bylaw;

That the RMD or OMMD facility provides adequate security measures to protect the premises, registered qualifying patients, personal caregivers and dispensary agents of the RMD, and that the storage and/or location of cultivation is adequately secured as determined by the Chief of Police.

§ 300-7.8 Severability.

The provisions of this bylaw are severable. If any provision, paragraph, sentence or clause of this bylaw or the application thereof to any person, establishment or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of this bylaw.

Sturbridge City Zoning Code

PART 2

District Regulations

§ 300-3.1 Types of districts.

[Amended 6-7-2021 ATM by Art. 40]

For the purposes of this bylaw, the Town of Sturbridge is hereby divided into the following types of districts:

RURAL RESIDENTIAL	(RR)
SUBURBAN RESIDENTIAL	(SR)
COMMERCIAL	(C)
COMMERCIAL II	(C2)
GENERAL INDUSTRIAL	(GI)
INDUSTRIAL PARK	(IP)
COMMERCIAL/TOURIST	(CT)
HISTORIC COMMERCIAL	(HC)
SPECIAL USE	(SU)
VILLAGE GATEWAY DISTRICT	(VGD)
WIRELESS COMMUNICATION OVERLAY	(WC)
MEDICAL MARIJUANA OVERLAY DISTRICT	(MMOD)
FLOODPLAIN DISTRICT	(FP)

§ 300-3.2 Location of districts; Zoning Map.

§ 300-3.3 District boundaries.

The location of the boundary lines of the districts shown on the Zoning Map shall be determined as follows:

District boundary lines on ways. Where the said boundary lines are shown on said map within the street lines of public or private ways, the center lines of such ways shall be the boundary lines.

§ 300-3.4 Floodplain District.

[Amended 6-7-2021ATM by Art. 40; 6-3-2024 ATM by Art. 36]

A Floodplain District is hereby established as an overlay district to all other districts.

Floodplain District definitions. Where not expressly defined in the Zoning Bylaws, terms used in this section shall be interpreted as defined below:

DEVELOPMENT

FLOODWAY

HIGHEST ADJACENT GRADE

The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. [US Code of Federal Regulations, Title 44, Part 59]

HISTORIC STRUCTURE

Any structure that is:

Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or

Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

By an approved state program as determined by the Secretary of the Interior; or

Directly by the Secretary of the Interior in states without approved programs.

[US Code of Federal Regulations, Title 44, Part 59]

NEW CONSTRUCTION

RECREATIONAL VEHICLE

A vehicle which is:

Built on a single chassis;

400 square feet or less when measured at the largest horizontal projection;

Designed to be self-propelled or permanently towable by a light duty truck; and

SPECIAL FLOOD HAZARD AREA

Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use.

[US Code of Federal Regulations, Title 44, Part 59]

REGULATORY FLOODWAY

See "floodway."

The land area subject to flood hazards and shown on a Flood Insurance Rate Map or other flood hazard map as Zone A, AE, A1-30, A99, AR, AO, AH, V, VO, VE or V1-30. [Base Code, Chapter 2, Section 202]

START OF CONSTRUCTION

SUBSTANTIAL REPAIR OF A FOUNDATION

STRUCTURE

VARIANCE

A grant of relief by a community from the terms of a floodplain management regulation. [US Code of Federal Regulations, Title 44, Part 59]

VIOLATION

The purpose of the Floodplain Overlay District is to:

Ensure public safety through reducing the threats to life and personal injury.

Eliminate new hazards to emergency response officials.

Prevent the occurrence of public emergencies resulting from water quality, contamination and pollution due to flooding.

Avoid the loss of utility services, which if damaged by flooding would disrupt or shut down the utility network and impact regions of the community beyond the site of flooding.

Eliminate costs associated with the response and cleanup of flooding conditions.

Reduce damage to public and private property resulting from flooding waters.

[Amended 6-5-2023 ATM by Art. 39]

Designation of community floodplain administrator. The Town of Sturbridge hereby designates the position of Town Planner to be the official floodplain administrator for the Town.

Variances to Building Code floodplain standards.

Such construction below the base flood level increases risks to life and property.

Such notification shall be maintained with the record of all variance actions for the referenced development in the floodplain overlay district.

Good and sufficient cause and exceptional nonfinancial hardship exist;

The variance will not result in additional threats to public safety, extraordinary public expense or fraud or victimization of the public; and

The variance is the minimum action necessary to afford relief.

Agricultural uses.

Forestry and nursery uses.

Outdoor recreational uses.

Conservation and wildlife management areas.

Temporary, nonresidential structures used in connection with growing, harvesting, storage or sale of crops raised on the premises.

Buildings lawfully existing prior to the adoption of these provisions.

The proposed use shall comply in all respects with the provisions of the underlying district.

Review and reports.

Within 10 days of receipt of the application, the Board shall transmit one copy of the development plan to each of the following:

Board of Health;

Town Engineer/DPW Director;

Conservation Commission;

Director of Inspections; and, if concerned

Fire Chief;

Police Chief;

Board of Selectmen.

Final action shall not be taken until reports have been received from the above boards or 35 days have elapsed and a properly published and posted public hearing has been held.

Watercourses with or without designated regulatory floodways.

[Amended 6-5-2023 ATM by Art. 39]

The Board may specify such additional requirements and conditions it finds necessary to protect the health, safety and welfare of the public and the occupants of the proposed use.

No building, development or substantial improvement shall be allowed in a floodway.

The flood-carrying capacity shall be maintained within any altered or relocated portion of any watercourse.

A minimum of 98% of the natural surface and underground flood storage volume of the site shall be maintained.

Safe and permanent access shall be maintained by the owner from the nearest public way to any proposed building in the floodplain.

If the structure has been floodproofed, the Director of Inspections shall be furnished with the elevation to which the structure has been floodproofed.

[Amended 6-5-2023 ATM by Art. 39]

Subdivision proposals. All subdivision proposals and development proposals in the Floodplain Overlay District shall be reviewed to assure that:

Such proposals minimize flood damage.

Public utilities and facilities are located and constructed so as to minimize flood damage.

Adequate drainage is provided.

Campgrounds and manufactured housing communities; recreational vehicles.

No campgrounds or manufactured \housing communities will be permitted in the Floodplain District

Notification of watercourse alteration. The following parties must be notified in the case of any alteration or relocation of a watercourse:

Adjacent communities.

Bordering states (optional).

Massachusetts NFIP State Coordinator.

Massachusetts Department of Conservation and Recreation

[Amended 6-5-2023 ATM by Art. 39]

NFIP Program Specialist

Federal Emergency Management Agency, Region 1

[Amended 6-5-2023 ATM by Art. 39]

Notification shall be submitted to:

FEMA Region I Risk Analysis Branch Chief

And copy of notification to:

Massachusetts NFIP State Coordinator

MA Department of Conservation and Recreation

Disclaimer of liability. The degree of flood protection required by this bylaw is considered reasonable but does not imply total flood protection.

Severability. If any section, provision or portion of this bylaw is deemed to be unconstitutional or invalid by a court, the remainder of the bylaw shall be effective.

§ 300-4.1 General provisions.

No building or structure shall be constructed unless a building permit is first secured. A special permit shall also be required in some cases as defined in the following sections.

Further:

R	=	16A
		P²

Where:
R	=	Regularity Factor
A	=	Land Area in Square Feet
P	=	Perimeter in Feet

The regularity formula shall not apply to lots of record as of the date of adoption of this section, April 29, 1985.

Mixed use. Any use permitted within a district may be combined with any other use, provided all the requirements of the bylaw are met.

§ 300-4.2 Rural Residential District (RR).

[Amended 6-3-2024 ATM by Art. 36; 4-28-2025 ATM by Art. 39]

Permitted uses. The following uses are permitted uses in the RR District:

Single-family detached dwelling.

Nursery, including display and sale of natural products.

Tree farm.

Veterinarian.

Religious, educational or governmental use.

Accessory uses customarily incidental to any of the above permitted uses, including customary home occupations when located in the same building as the main use.

Walking, hiking, bicycling, roller skating, picnicking, cross-country skiing, snow shoeing through the establishment of trails.

Microbrewery.

Adult day care.

By-right accessory dwelling unit.

Exceptions which may be allowed in the RR District by special permit from the special permit granting authority (SPGA) in accordance with the regulations appearing in § 300-18.2B(2) of this bylaw:

Private club not conducted for profit, provided that adequate off-street parking is provided and that clubhouse facilities are at least 100 feet from any residence.

Campground as defined in Part 1, Article II, of this bylaw.

Conversion of a one-family dwelling existing at the time of adoption of this bylaw into a two-family dwelling.

Manufactured housing community, provided that the proposed park conforms in all respects to the requirements of this bylaw and of the Manufactured Housing Community Bylaw.[1]

Editor's Note: See Ch. 199, Manufactured Housing Communities.

Multifamily dwelling, provided that:

It does not exceed four dwelling units.

There is not less than 20,000 square feet of lot area per dwelling unit.

Adequate provision is made for off-street parking.

An environmental suitability study shows that the site is capable of sustaining this type of construction.

The removal of sand, gravel, subsoil, topsoil or earth in accordance with Part 3, Article XII, of this bylaw.

Golf course, boat livery and riding stables, provided that such uses are to be carried out on property of adequate size.

Two-family residence, provided there is not less than 20,000 square feet of lot area per dwelling unit.

Bed-and-breakfast (Planning Board acting as SPGA).

Special permit accessory dwelling unit.

Single-family attached dwelling, provided that:

It is located within an Open Space Residential Development and meets the requirements outlined in Part 3, Article VIII, Open Space Residential Development.

There is not less than 20,000 square feet of lot area per dwelling unit.

The following regulations shall be applicable in the Rural Residential District (RR):

Site plan. See Part 5, Article XIX.

§ 300-4.3 Suburban Residential District (SR).

[Amended 4-28-2025 ATM by Art. 40]

Permitted uses. The following uses are permitted uses in the SR District:

Single-family detached dwelling.

Religious, educational or governmental use.

Accessory uses customarily incidental to main use on the same premises.

Walking, hiking, bicycling, roller skating, picnicking, cross-country skiing, snow shoeing through the establishment of trails.

Adult day care.

By-right accessory dwelling unit.

Exceptions which may be allowed in the SR District by special permit from the special permit granting authority (SPGA) in accordance with the regulations appearing in § 300-18.2B(2) of this bylaw:

Two-family dwelling, provided that there is not less than 20,000 square feet of lot area per dwelling unit.

Multifamily dwelling, provided that:

It does not exceed four dwelling units.

There is not less than 20,000 square feet of lot area per dwelling unit.

Adequate provision is made for off-street parking.

An environmental suitability study shows that the site is capable of sustaining this type of construction.

The removal of sand and gravel, subsoil, topsoil or earth in accordance with Part 3, Article XII of this bylaw.

Housing for the elderly. A special permit may be granted by the Planning Board for housing designed and equipped for the elderly and physically handicapped, provided that the project and the location have the approval of the Board of Selectmen. The project may be exempted from the requirements of § 300-4.2B(5) and/or § 300-4.3B(2). An environmental suitability study shall be required. The Planning Board may impose conditions and safeguards. "Elderly" for the purpose of this bylaw shall be persons 55 years of age or older.

Bed-and-breakfast (Planning Board acting as SPGA).

Golf course and accessory uses customarily incidental thereto.

Special permit accessory dwelling unit.

Single-family attached dwelling, provided that:

It is located within an Open Space Residential Development and meets the requirements outlined in Part 3, Article VIII, Open Space Residential Development.

There is not less than 20,000 square feet of lot area per dwelling unit.

The following regulation shall be applicable in the Suburban Residential District. (SR):

Site plan. See Part 5, Article XIX.

§ 300-4.4 Commercial District (C).

[Amended 4-28-2025 ATM by Art. 41]

Permitted uses. The following uses are permitted uses in the C District:

Single-family dwelling. Also, apartments accessory to a commercial building (not to exceed two dwelling units per building).

Office, bank, newspaper or job-printing establishment.

Automobile service station.

Religious, educational or governmental use.

Nonprofit club.

Restaurants, including bakery and confectionery.

Accessory uses customarily incidental to a permitted main use on the premises.

Walking, hiking, bicycling, roller skating, picnicking, cross-country skiing and snow shoeing through the establishment of trails.

Fast-food establishment.

Walk-up establishment.

Fast casual restaurant.

Craft beverage business with tasting room.

Urgent care facility.

By-right accessory dwelling unit.

Exceptions which may be allowed in the C District by special permit from the special permit granting authority (SPGA) in accordance with the regulations appearing in § 300-18.2B(2) of this bylaw:

Indoor recreation facilities.

Outdoor recreation facilities.

Indoor family amusement centers.

Hotel, inn or motel.

The removal of sand, gravel, subsoil, topsoil or earth in accordance with Part 3, Article XII, of this bylaw.

Multifamily dwelling, provided that:

It does not exceed four dwelling units.

There is not less than 20,000 square feet of lot area per dwelling unit.

Adequate provision is made for off-street parking.

An environmental suitability study shows that the site is capable of sustaining this type of construction and use.

The entire multifamily dwelling and its necessary area requirements are located entirely in the Commercial District; or in a less restrictive district.

Two-family residence, provided there is not less than 20,000 square feet of lot area per dwelling unit.

Car wash (Planning Board acting as SPGA).

Youth center.

Special permit accessory dwelling unit.

The following regulations shall be applicable in the Commercial District C:

Site plan. See Part 5, Article XIX.

In addition, applicants shall note the following:

Per the Planning Board's direction, design review shall take place prior to or concurrently with the site plan review process in the Town of Sturbridge, and shall inform that process.

Property owners and designers shall use the Design Review Guidelines when applying for and undergoing the design review process, which may include architectural review and/or sign review.

Applicants are encouraged to discuss their projects with the Planning Department if they have any questions regarding the Design Review Guidelines.

§ 300-4.5 Commercial Tourist District (CT).

[Amended 4-28-2025 ATM by Art. 42]

Permitted uses. The following uses are permitted uses in the CT District:

Single-family dwelling.

Dwelling units located within a structure which is primarily used for a permitted use in this district and secondarily used as a residence.

Hotels, motels and inns.

Microbrewery. Total floor area shall not exceed 7,500 square feet unless located within buildings existing at the time of adoption of this amendment.

Walk-up establishments.

Indoor family amusement centers located within buildings existing at the time of adoption of this amendment.

Beauty salons and barber shops and other personal services.

Dry cleaning and laundromat. Total floor area shall not exceed 4,000 square feet.

Artist studio.

Arts center.

Accessory uses customarily incidental to a permitted main use on the same premises.

Walking, hiking, bicycling, roller skating, picnicking, cross-country skiing, snow shoeing through the establishment of trails.

Rental shops for the hourly or daily rental of bicycles, kayaks, canoes, snow shoes, cross country skis, and other similar sporting apparatus.

Farmer's market.

Religious, educational or governmental use.

Craft beverage business with tasting room.

By-right accessory dwelling unit.

Exceptions which may be allowed in the CT District by special permit from the special permit granting authority (SPGA) in accordance with the regulations appearing in § 300-18.2B(2) of this bylaw:

Lodging houses or tourist homes.

Dramatic or motion-picture theaters.

Bed-and-breakfast (Planning Board acting as SPGA).

Youth center.

Special permit accessory dwelling unit.

The following regulations shall be applicable in the Commercial/Tourist District (CT):

Site plan review. See Part 5, Article XIX.

In addition, applicants shall note the following:

Per the Planning Board's direction, design review shall take place prior to or concurrently with the site plan review process in the Town of Sturbridge, and shall inform that process.

Property owners and designers shall use the Design Review Guidelines when applying for and undergoing the design review process, which may include architectural review and/or sign review.

Applicants are encouraged to discuss their projects with the Planning Department if they have any questions regarding the Design Review Guidelines.

§ 300-4.6 General Industrial District (GI).

Permitted uses. The following uses are permitted uses in the GI District:

Wholesale warehouse and storage facilities.

Hotel, inn or motel.

Automobile repair shop, automobile storage garage, automobile salesroom or lot not to exceed 40 vehicles for sale.

Accessory uses customarily incidental to a permitted main use on the same premises.

Walking, hiking, bicycling, roller skating, picnicking, cross-country skiing, snow shoeing through the establishment of trails.

Office, bank, newspaper or job printing establishment.

Religious, educational or governmental use.

Exceptions which may be allowed in the GI District by special permit from the special permit granting authority (SPGA) in accordance with the regulations appearing in § 300-18.2B(2) of this bylaw:

The removal of sand, gravel, subsoil, topsoil or earth in accordance with Part 3, Article XII of this bylaw.

The following regulations shall be applicable in the General Industrial District (GI):

Site plan. See Part 5, Article XIX.

In addition, applicants shall note the following:

Per the Planning Board's direction, design review shall take place prior to or concurrently with the site plan review process in the Town of Sturbridge, and shall inform that process.

Property owners and designers shall use the Design Review Guidelines when applying for and undergoing the design review process, which may include architectural review and/or sign review.

Applicants are encouraged to discuss their projects with the Planning Department if they have any questions regarding the Design Review Guidelines.

§ 300-4.7 Industrial Park District (IP).

Permitted uses. The following uses are permitted uses in the IP District:

Animal clinic or hospital, including animal rescue.

Business support services.

Child day-care center.

Equipment sales and rental facilities.

Handcraft industries, including retail sales of the product produced on the premises.

Health and fitness facilities.

Information processing facilities.

Plumbing, heating and electrical warehouses, showrooms and manufacturers.

Laboratories for research and development.

Communications/Telecommunications offices, radio and television broadcasting studios and facilities.

Newspaper printing and job printing.

Food and beverage products manufacturing, including distilleries, breweries and co-packing and commercial kitchen space.

Wholesale warehouse or storage facilities, including self-storage facilities.

Automobile repair shop, automobile storage garage, automobile salesroom or lot not to exceed 40 vehicles for sale.

Accessory uses customarily incidental to a permitted main use on the same premises.

Professional offices and call centers.

Professional, scientific and technical services.

Hotel, inn or motel.

Walking, hiking, bicycling, roller skating, picnicking, cross-country skiing, snow shoeing through the establishment of trails.

(22)

(23)

Bank.

(24)

Retail and wholesale fuel oil distribution and off-site heating service, oil storage and associated office and garage space for motor vehicles of the fuel oil operation.

(25)

Religious, educational or governmental use.

Exceptions which may be allowed in the IP District by special permit from the special permit granting authority (SPGA) in accordance with the regulation appearing in § 300-18.2B(2) of this bylaw:

The removal of sand, gravel, subsoil, topsoil or earth in accordance with Part 3, Article XII of this bylaw.

Restaurant, including bakery and confectionery.

The following regulations shall be applicable in the Industrial Park District (IP):

Site plan. See Part 5, Article XIX.

In addition, applicants shall note the following:

Per the Planning Board's direction, design review shall take place prior to or concurrently with the site plan review process in the Town of Sturbridge, and shall inform that process.

Property owners and designers shall use the Design Review Guidelines when applying for and undergoing the design review process, which may include architectural review and/or sign review.

Applicants are encouraged to discuss their projects with the Planning Department if they have any questions regarding the Design Review Guidelines.

§ 300-4.8 Commercial II District (C2).

[Amended 4-28-2025 ATM by Art. 43]

Permitted uses. The following uses are permitted uses in the C2 District:

Single-family dwelling. Also, apartments accessory to a commercial building (not to exceed two dwelling units per building).

Office, bank, newspaper or job printing establishment.

Retail store or shop, barber shop, beauty salon, personal service establishments, shop for the repair of personal or household items, laundromat, health and fitness center, artisan's or craftsmen's shop, wholesale and retail sales not involving manufacture on the premises except of products the major portion of which are sold on the premises by the producer.

Automobile service station.

Religious, educational or governmental use.

Nonprofit club.

Restaurants, including bakery and confectionery.

Accessory uses customarily incidental to a permitted main use on the premises.

Walking, hiking, bicycling, roller skating, picnicking, cross-country skiing and snow shoeing through the establishment of trails.

Fast-food establishment.

Walk-up establishment.

Fast casual restaurant.

Craft beverage business with tasting room.

Urgent care facility.

By-right accessory dwelling unit.

Exceptions which may be allowed in the C2 District by special permit from the special permit granting authority (SPGA) in accordance with the regulations appearing in § 300-18.2B(2) of this bylaw:

Indoor recreation facilities.

Outdoor recreation facilities.

Indoor family amusement centers.

Hotel, inn or motel

The removal of sand, gravel, subsoil, topsoil or earth in accordance with Part 3, Article XII of this bylaw.

Multifamily dwelling, provided that:

It does not exceed four dwelling units.

There is not less than 20,000 square feet of lot area per dwelling unit.

Adequate provision is made for off-street parking.

An environmental suitability study shows that the site is capable of sustaining this type of construction and use.

The entire multifamily dwelling and its necessary area requirements are located entirely in the Commercial District; or in a less restrictive district.

Two-family residence, provided there is not less than 20,000 square feet of lot area per dwelling unit.

Truck stop (Planning Board acting as SPGA).

Special permit accessory dwelling unit.

The following regulations shall be applicable in the Commercial II District (C2):

Site plan. See Part 5, Article XIX.

In addition, applicants shall note the following:

Per the Planning Board's direction, design review shall take place prior to or concurrently with the site plan review process in the Town of Sturbridge, and shall inform that process.

Property owners and designers shall use the Design Review Guidelines when applying for and undergoing the design review process, which may include architectural review and/or sign review.

Applicants are encouraged to discuss their projects with the Planning Department if they have any questions regarding the Design Review Guidelines.

§ 300-4.9 Historic Commercial District (HC).

[Amended 4-28-2025 ATM by Art. 44]

Permitted uses. The following uses are permitted uses in the HC District:

Single-family dwelling.

Professional offices, including facilities occupied by businesses that provide professional services and/or are engaged in the production of intellectual property. Total floor area shall not exceed 6,000 square feet per structure. Examples of these include: accounting, auditing and bookkeeping services; advertising agencies; attorneys; commercial art and design services; counseling services; design services, including architecture, engineering, landscape architecture, urban planning; education, scientific and research organizations; financial management and investment counseling; management and public relations services; media postproduction services; news services; photographers and photography studios; secretarial, stenographic, word processing, and temporary clerical employee services; security and commodity brokers; and writers and artists offices.

Hotel, motel or inn not to exceed 125 rooms.

Libraries, museums, galleries.

Religious, educational or governmental use.

Farm, including agriculture, horticulture and viticulture, provided that the lot is not less than five acres, including facilities for the sale of produce, wine and dairy products, provided that said facilities comply with the requirements of MGL c. 40A, § 3.

By-right accessory dwelling unit.

Exceptions which may be allowed in the HC District by special permit from the special permit granting authority (SPGA) in accordance with the regulations appearing in § 300-18.2B(2) of this bylaw:

Bed-and-breakfast, not to exceed 4,000 square feet.

Special permit accessory dwelling unit.

The following regulations shall be applicable in the Historic Commercial District (HC):

Guidelines for preservation and adaptive reuse of existing structures within the district for all projects requiring site plan review.

Distinctive materials, features, finishes and construction techniques or examples of craftsmanship that characterize a property shall be preserved.

Guidelines for additions to existing structures for all projects requiring site plan review.

Additions to structures should incorporate the distinctive architectural features of the original structures, including:

[a]

Door and window shape, size and type;

[b]

Exterior materials;

[c]

Roof material, pitch and style; and

Trim and decoration.

Guidelines for infill development for all projects requiring site plan review.

The incorporation of design elements that break up large facades and add human scale to the structures is encouraged.

The following shall be applicable in the Historic Commercial District:

All parking, loading and service areas shall be located to the rear of the principal structure wherever possible.

Site plan review. See Part 5, Article XIX.

Design review.

Design review pursuant to Chapter 142, Design Review, of the Town bylaws shall be required for all adaptive reuse projects, additions to existing structures and infill development.

With respect to design review, applicants shall note the following:

Per the Planning Board's direction, design review shall take place prior to or concurrently with the site plan review process in the Town of Sturbridge, and shall inform that process.

Property owners and designers shall use the Design Review Guidelines when applying for and undergoing the design review process, which may include architectural review and/or sign review.

Applicants are encouraged to discuss their projects with the Planning Department if they have any questions regarding the Design Review Guidelines.

§ 300-4.10 Special Use District (SU).

[Amended 4-28-2025 ATM by Art. 45]

Permitted uses. The following uses are permitted uses in the SU District:

Single-family detached dwelling.

Nursery, including display and sale of natural products.

Religious, educational or governmental use.

Walking, hiking, bicycling, roller skating, picnicking, cross-country skiing, snow shoeing, through the establishment of trails and other amenities.

Accessory uses customarily incidental to main use on the same premises.

Professional and medical offices.

Laboratories for research and development.

By-right accessory dwelling unit.

Campgrounds.

Manufactured home community for persons over the age of 55.

Bed-and-breakfast.

Hospital or medical treatment building.

Indoor recreational facilities.

Outdoor recreational facilities.

Craft beverage business with tasting room.

Microbrewery.

Indoor family amusement centers.

Special permit accessory dwelling unit.

Single-family attached dwelling, provided that:

It is located within an open space residential development and meets the requirements outlined in Part 3, Article VIII, Open Space Residential Development.

There is not less than 20,000 square feet of lot area per dwelling unit.

Two-family dwelling, provided that:

It is located within an open space residential development and meets the requirements outlined in Part 3, Article VIII, Open Space Residential Development.

There is not less than 20,000 square feet of lot area per dwelling unit.

Multifamily dwelling, provided that:

It is located within an open space residential development and meets the requirements outlined in Part 3, Article VIII, Open Space Residential Development.

There is not less than 20,000 square feet of lot area per dwelling unit.

The following regulation shall be applicable in the Special Use District (SU):

GROUNDWATER PROTECTION DISTRICT

Site plan review. See Part 5, Article XIX.

§ 300-5.1 Purpose.

The purpose of this Groundwater Protection District is to:

Preserve and protect existing and potential sources of drinking water supplies.

Conserve the natural resources of the Town.

Prevent temporary and permanent contamination of the environment.

§ 300-5.2 Scope of authority.

§ 300-5.3 Definitions.

For the purposes of this article, the following words and phrases shall have the following meanings:

AQUIFER

A geologic formation composed of rock, sand or gravel that contains significant amounts of potentially recoverable water.

The zoning district defined to overlay other zoning districts in the Town of Sturbridge. The Groundwater Protection District may include specifically designated recharge areas.

IMPERVIOUS SURFACE

Material or structure on, above or below the ground that does not allow precipitation or surface water to penetrate directly into the soil.

MINING

The removal or relocation of geologic materials such as topsoil, sand, gravel, metallic ores or bedrock.

RECHARGE AREAS

Areas that collect precipitation of surface water and carry it to aquifers. Recharged areas may include areas designated as Zone I, Zone II or Zone III.

TOXIC OR HAZARDOUS MATERIAL

§ 300-5.4 Establishment and delineation of aquifers and recharge areas.

§ 300-5.5 District boundary disputes.

§ 300-5.6 Use regulations.

In the Groundwater Protection District the following use regulations shall apply:

Conservation of soil, water, plants and wildlife.

Outdoor recreation, nature study, boating, fishing and hunting where otherwise legally permitted.

Foot, bicycle and/or horse paths and bridges.

Normal operation and maintenance of existing water bodies and dams, splash boards and other water control supply and conservation devices.

Maintenance, repair and enlargement of any existing structure subject to Subsection B (prohibited uses) and Subsection C (special permitted uses).

Residential development subject to Subsection B (prohibited uses) and Subsection C (special permitted uses).

Farming, gardening, nursery, conservation, forestry, harvesting and grazing subject to Subsection B (prohibited uses) and Subsection C (special permitted uses).

All other allowed uses within the zoning district boundary provided under the Town of Sturbridge Zoning Bylaws.

Prohibited uses. The following uses are prohibited:

Landfills and open dumps as defined in 310 CMR 19.006.

Storage of liquid petroleum products, except the following:

Normal household use, outdoor maintenance and heating of a structure;

Waste oil retention facilities required by statute, rule or regulation;

Emergency generators required by statute, rule or regulation;

Landfilling of sludge or septage as defined in 310 CMR 32.05.

Storage of sludge and septage, unless such storage is in compliance with 310 CMR 32.30 and 310 CMR 32.31.

Storage of deicing chemicals unless such storage, including loading areas, is within a structure designed to prevent the generation and escape of contaminated runoff or leachate.

Storage of animal manure unless covered or contained.

Facilities that generate, treat, store or dispose of hazardous waste subject to MGL c. 21C and 310 CMR 30.00, except the following:

Very small quantity generators as defined under 310 CMR 30.00.

Household hazardous waste collection centers and events under 310 CMR 30.

Waste oil retention facilities required by MGL c. 21, § 52A.

Water remediation treatment works approved under 314 CMR 5.00.

Automobile graveyards and junkyards as defined in MGL c. 140B, § 1.

Treatment works that are subject to 314 CMR 5.00, including privately owned sewage treatment facilities, except the following:

The replacement or repair of an existing treatment works that will not result in a design capacity greater than the design capacity of the existing works.

The replacement of existing subsurface sewage disposal system(s) with wastewater treatment works that will not result in a design capacity greater than the design capacity of the existing system(s).

Treatment works approved by the Massachusetts Department of Environmental Protection designed for the treatment of contaminated groundwater.

Industrial and commercial uses which discharge process wastewater on site.

Stockpiling and disposal of snow and ice containing deicing chemicals if brought in from outside the district.

The use of septic system cleaners which contain toxic or hazardous chemicals.

Enlargement or alteration of existing uses that do not conform to the Groundwater Protection District.

§ 300-5.7 Procedures for issuance of special permit.

In no way, during construction or thereafter, adversely affect the existing or potential quality or quantity of water that is available in the Groundwater Protection District.

Be designed to avoid substantial disturbance of the soils, topographic drainage, vegetation and other water-related natural characteristics of the site to be developed.

The SPGA may adopt regulations to govern design features of projects. Such regulations shall be consistent with subdivision regulations adopted by the Planning Board.[1]

Editor's Note: See Ch. 350, Subdivision Regulations.

Provisions for indoor, secured storage of hazardous materials and wastes with impervious floor surfaces.

Proposed down-gradient location(s) for groundwater monitoring well(s), should the SPGA deem the activity a potential groundwater threat.

§ 300-5.8 Severability.

§ 300-6.1 Purpose.

This district is primarily intended for small to mid-sized business uses serving both residents and visitors, and/or tourism-based uses developed in a manner that:

Helps implement pertinent recommendations of the Master Plan and Commercial Tourist District Revitalization Plan;

Encourages redevelopment and infill in developed areas;

Avoids creation of traffic congestion or hazards within the Route 20 corridor;

Creates more walkable areas within the district; and

Demonstrates excellence in building and site design.

§ 300-6.2 Establishment.

§ 300-6.3 Authority.

§ 300-6.4 Use regulations.

The following uses are permitted by right subject to the site plan review requirements of Part 5, Article XIX, of this bylaw, and all applicable density and design provisions of this bylaw:

Hotels, motels and inns.

Personal service establishments with a floor area of not greater than 7,500 square feet per structure.

Professional offices, including facilities occupied by businesses that provide professional services and/or are engaged in the production of intellectual property. Total floor area shall not exceed 7,500 square feet per structure. Examples of these include: accounting, auditing and bookkeeping services; advertising agencies; attorneys; commercial art and design services; counseling services; design services, including architecture, engineering, landscape architecture, urban planning; education, scientific and research organizations; financial management and investment counseling; management and public relations services; media postproduction services; news services; photographers and photography studios; secretarial, stenographic, word processing, and temporary clerical employee services; security and commodity brokers; and writers and artists offices.

Outdoor seating associated with restaurants.

Cultural and historic attractions.

Artist live and work space.

Residential units located above nonresidential space.

Banks and financial institutions without a drive-up window or ATM drive.

The following uses may be allowed by special permit (Planning Board as SPGA) subject to the special permit criteria outlined in § 300-18.2B(2) and the requirements of this chapter:

Indoor recreational facilities (maximum size 7,500 square feet per structure).

Live theater or movie house with a maximum of two screens.

Dance studios.

Any permitted use with more than one curb cut.

Banks and financial institutions with a drive-up window or ATM drive-up lane.

Fast casual restaurant with drive-thru.

Fast-food establishment.

[Added 6-7-2021 ATM by Art. 38]

§ 300-6.5 Dimensional requirements.

Front setback shall be 50 feet.

Side and rear setbacks shall be 30 feet.

Maximum height shall be 35 feet. Hotels, motels and inns may exceed 35 feet in height by special permit.

§ 300-6.6 Design standards.

Adjacent buildings of different architectural styles shall be made compatible by such means as screens, sight breaks and materials.

Attractive landscape transition to adjoining properties shall be provided.

Harmony in textures, lines and masses is required. Monotony shall be avoided.

Environmental resources shall be respected and protected.

Relationship of building to site.

The site shall be planned to accomplish a desirable transition with the streetscape and to provide for adequate planting and safe vehicular and pedestrian movement.

Parking areas shall be treated with decorative elements, building wall extensions, planting, berms or other innovative means so as to provide suitable screening and heat island mitigation.

Within the permissible limits of the Zoning Bylaw, the height and scale of each building shall be compatible with the site and existing adjoining buildings.

Vehicular and pedestrian circulation.

Shared parking may be allowed subject to the provisions of § 300-16.10, Shared parking, of this bylaw.

Curbing within the parking lot along the perimeter and for islands is to be granite in accordance with MassDOT Standards.

Sidewalks should not only be provided within the site but should also be provided along the frontage of the property abutting any roadway.

Building siting and topography.

Where slopes are steep, terracing should be employed using properly stabilized slopes or retaining walls.

Design of structures.

Buildings shall be designed in appropriate scale and be in harmony with other traditional neighborhood development.

In multiple-building projects, variable siting of individual buildings should be considered as a means to prevent a monotonous appearance.

Utilities and storm drainage.

Signs.

Due to the unique nature of the Gateway District, every sign shall be designed as an integral architectural element of the building and site to which it relates.

Every sign shall have good scale and proportion in its design and in its visual relationship to buildings and surroundings.

Every sign shall be designed as an integral architectural element of the building.

The colors, materials and lighting of every sign shall be harmonious with the building and site to which it principally relates.

Landscaping and existing vegetation.

Natural tree coverage and other desirable natural foliage shall be preserved to the maximum extent possible and proposed improvements shall be designed accordingly.

Landscape treatments shall be provided to enhance architectural features, strengthen vistas and provide shade and microclimate control.

Property edge landscaping.

Where commercial property abuts residential property, setbacks and landscape buffers shall be as required in Subsection K, Buffers between land uses.

Property interior landscaping.

Parking areas/lots.

Screening of service yards, delivery areas and other places that tend to be unsightly shall be accomplished by use of walls, fencing, planting or combinations of these.

In areas where general plantings will not prosper, other materials such as fences, walls and paving of wood, brick, stone, gravel and cobbles shall be used.

Buffers between land uses.

Other site features.

Exterior lighting shall be part of the architectural concept. Fixtures, standards and all exposed accessories shall be harmonious with building design.

Erosion and sedimentation control.

In disturbed areas, if the surface material is not suitable for the growing of seed, a minimum of four inches of loam will be required.

The developer is responsible for preventing all erosion and buildup of sediment within the area disturbed due to the construction of the road and drainage system.

§ 300-7.1 Purpose.

§ 300-7.2 Definitions.

§ 300-7.3 Location.

RMDs or OMMDs may be permitted in the Medical Marijuana Overlay District pursuant to a special permit.

RMDs or OMMDs may not be located within 300 feet of the following:

School, including a public or private elementary, vocational or secondary school or a public or private college, junior college or university;

Child-care facility;

Library;

Public playground;

Public park;

Youth center;

Public swimming pool;

Video arcade facility; or

Similar facility in which minors commonly congregate.

The distance requirement may be reduced by 25% or less by special permit, but only if:

The applicant demonstrates that the RMD or OMMD would otherwise be effectively prohibited within the municipality;

The applicant demonstrates that the RMD or OMMD will employ adequate security measures to prevent diversion of medical marijuana to minors who are not qualifying patients pursuant to 935 CMR 502.110.

§ 300-7.4 Application and approval procedures.

Application. In addition to the materials required under § 300-19.3 (site plan review contents of plans), all applications for RMDs shall include:

The name and address of each owner of the RMD or OMMD facility/operation;

A copy of its registration as an RMD or OMMD from the Massachusetts Cannabis Control Commission (CCC);

A description of all activities to occur on site;

A description of the security measures, including employee security policies, approved by the CCC for the RMD;

A copy of the emergency procedures approved by the CCC for the RMD or OMMD;

A copy of the policies and procedures for patient or personal caregiver home-delivery approved by the CCC for the RMD or OMMD;

A copy of the policies and procedures for the transfer, acquisition or sale of marijuana between RMDs or OMMDs approved by the CCC;

A copy of proposed waste disposal procedures; and

A description of any waivers from CCC regulations issued for the RMD or OMMD.

RMD facilities that can demonstrate that they comply with the agricultural exemption under MGL c. 40A, § 3 must still apply for site plan approval.

§ 300-7.5 Additional requirements and conditions on RMDs or OMMDs.

Physical requirements.

Ventilation. All RMD and OMMD facilities shall be ventilated in such a manner that:

No pesticides, insecticides or other chemicals or products used in the cultivation or processing are dispersed into the outside atmosphere; and

Hours of operation, including dispatch of home deliveries.

RMD and OMMD facilities may only be involved in the uses permitted by its definition and may not include other businesses or services.

The permit shall be limited to the current applicant and shall lapse if the permit holder ceases operating the RMD.

The permit shall lapse upon the expiration or termination of the applicant's registration by DPH.

FUNCTIONALLY DEPENDENT USE

§ 300-7.6 Prohibition against nuisances.

§ 300-7.7 Required findings.

In addition to the standard findings for a special permit or site plan approval the special permit granting authority must also find all the following:

That the applicant has satisfied all of the conditions and requirements of this chapter and other applicable sections of this bylaw;

§ 300-7.8 Severability.

Sturbridge City Zoning Code

PART 2

District Regulations

§ 300-3.1 Types of districts.

[Amended 6-7-2021 ATM by Art. 40]

For the purposes of this bylaw, the Town of Sturbridge is hereby divided into the following types of districts:

RURAL RESIDENTIAL	(RR)
SUBURBAN RESIDENTIAL	(SR)
COMMERCIAL	(C)
COMMERCIAL II	(C2)
GENERAL INDUSTRIAL	(GI)
INDUSTRIAL PARK	(IP)
COMMERCIAL/TOURIST	(CT)
HISTORIC COMMERCIAL	(HC)
SPECIAL USE	(SU)
VILLAGE GATEWAY DISTRICT	(VGD)
WIRELESS COMMUNICATION OVERLAY	(WC)
MEDICAL MARIJUANA OVERLAY DISTRICT	(MMOD)
FLOODPLAIN DISTRICT	(FP)

§ 300-3.2 Location of districts; Zoning Map.

§ 300-3.3 District boundaries.

The location of the boundary lines of the districts shown on the Zoning Map shall be determined as follows:

District boundary lines on ways. Where the said boundary lines are shown on said map within the street lines of public or private ways, the center lines of such ways shall be the boundary lines.

§ 300-3.4 Floodplain District.

[Amended 6-7-2021ATM by Art. 40; 6-3-2024 ATM by Art. 36]

A Floodplain District is hereby established as an overlay district to all other districts.

Floodplain District definitions. Where not expressly defined in the Zoning Bylaws, terms used in this section shall be interpreted as defined below:

DEVELOPMENT

FLOODWAY

HIGHEST ADJACENT GRADE

The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. [US Code of Federal Regulations, Title 44, Part 59]

HISTORIC STRUCTURE

Any structure that is:

Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or

Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

By an approved state program as determined by the Secretary of the Interior; or

Directly by the Secretary of the Interior in states without approved programs.

[US Code of Federal Regulations, Title 44, Part 59]

NEW CONSTRUCTION

RECREATIONAL VEHICLE

A vehicle which is:

Built on a single chassis;

400 square feet or less when measured at the largest horizontal projection;

Designed to be self-propelled or permanently towable by a light duty truck; and

SPECIAL FLOOD HAZARD AREA

Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use.

[US Code of Federal Regulations, Title 44, Part 59]

REGULATORY FLOODWAY

See "floodway."

The land area subject to flood hazards and shown on a Flood Insurance Rate Map or other flood hazard map as Zone A, AE, A1-30, A99, AR, AO, AH, V, VO, VE or V1-30. [Base Code, Chapter 2, Section 202]

START OF CONSTRUCTION

SUBSTANTIAL REPAIR OF A FOUNDATION

STRUCTURE

VARIANCE

A grant of relief by a community from the terms of a floodplain management regulation. [US Code of Federal Regulations, Title 44, Part 59]

VIOLATION

The purpose of the Floodplain Overlay District is to:

Ensure public safety through reducing the threats to life and personal injury.

Eliminate new hazards to emergency response officials.

Prevent the occurrence of public emergencies resulting from water quality, contamination and pollution due to flooding.

Avoid the loss of utility services, which if damaged by flooding would disrupt or shut down the utility network and impact regions of the community beyond the site of flooding.

Eliminate costs associated with the response and cleanup of flooding conditions.

Reduce damage to public and private property resulting from flooding waters.

[Amended 6-5-2023 ATM by Art. 39]

Designation of community floodplain administrator. The Town of Sturbridge hereby designates the position of Town Planner to be the official floodplain administrator for the Town.

Variances to Building Code floodplain standards.

Such construction below the base flood level increases risks to life and property.

Such notification shall be maintained with the record of all variance actions for the referenced development in the floodplain overlay district.

Good and sufficient cause and exceptional nonfinancial hardship exist;

The variance will not result in additional threats to public safety, extraordinary public expense or fraud or victimization of the public; and

The variance is the minimum action necessary to afford relief.

Agricultural uses.

Forestry and nursery uses.

Outdoor recreational uses.

Conservation and wildlife management areas.

Temporary, nonresidential structures used in connection with growing, harvesting, storage or sale of crops raised on the premises.

Buildings lawfully existing prior to the adoption of these provisions.

The proposed use shall comply in all respects with the provisions of the underlying district.

Review and reports.

Within 10 days of receipt of the application, the Board shall transmit one copy of the development plan to each of the following:

Board of Health;

Town Engineer/DPW Director;

Conservation Commission;

Director of Inspections; and, if concerned

Fire Chief;

Police Chief;

Board of Selectmen.

Final action shall not be taken until reports have been received from the above boards or 35 days have elapsed and a properly published and posted public hearing has been held.

Watercourses with or without designated regulatory floodways.

[Amended 6-5-2023 ATM by Art. 39]

The Board may specify such additional requirements and conditions it finds necessary to protect the health, safety and welfare of the public and the occupants of the proposed use.

No building, development or substantial improvement shall be allowed in a floodway.

The flood-carrying capacity shall be maintained within any altered or relocated portion of any watercourse.

A minimum of 98% of the natural surface and underground flood storage volume of the site shall be maintained.

Safe and permanent access shall be maintained by the owner from the nearest public way to any proposed building in the floodplain.

If the structure has been floodproofed, the Director of Inspections shall be furnished with the elevation to which the structure has been floodproofed.

[Amended 6-5-2023 ATM by Art. 39]

Subdivision proposals. All subdivision proposals and development proposals in the Floodplain Overlay District shall be reviewed to assure that:

Such proposals minimize flood damage.

Public utilities and facilities are located and constructed so as to minimize flood damage.

Adequate drainage is provided.

Campgrounds and manufactured housing communities; recreational vehicles.

No campgrounds or manufactured \housing communities will be permitted in the Floodplain District

Notification of watercourse alteration. The following parties must be notified in the case of any alteration or relocation of a watercourse:

Adjacent communities.

Bordering states (optional).

Massachusetts NFIP State Coordinator.

Massachusetts Department of Conservation and Recreation

[Amended 6-5-2023 ATM by Art. 39]

NFIP Program Specialist

Federal Emergency Management Agency, Region 1

[Amended 6-5-2023 ATM by Art. 39]

Notification shall be submitted to:

FEMA Region I Risk Analysis Branch Chief

And copy of notification to:

Massachusetts NFIP State Coordinator

MA Department of Conservation and Recreation

Disclaimer of liability. The degree of flood protection required by this bylaw is considered reasonable but does not imply total flood protection.

Severability. If any section, provision or portion of this bylaw is deemed to be unconstitutional or invalid by a court, the remainder of the bylaw shall be effective.

§ 300-4.1 General provisions.

No building or structure shall be constructed unless a building permit is first secured. A special permit shall also be required in some cases as defined in the following sections.

Further:

R	=	16A
		P²

Where:
R	=	Regularity Factor
A	=	Land Area in Square Feet
P	=	Perimeter in Feet

The regularity formula shall not apply to lots of record as of the date of adoption of this section, April 29, 1985.

Mixed use. Any use permitted within a district may be combined with any other use, provided all the requirements of the bylaw are met.

§ 300-4.2 Rural Residential District (RR).

[Amended 6-3-2024 ATM by Art. 36; 4-28-2025 ATM by Art. 39]

Permitted uses. The following uses are permitted uses in the RR District:

Single-family detached dwelling.

Nursery, including display and sale of natural products.

Tree farm.

Veterinarian.

Religious, educational or governmental use.

Accessory uses customarily incidental to any of the above permitted uses, including customary home occupations when located in the same building as the main use.

Walking, hiking, bicycling, roller skating, picnicking, cross-country skiing, snow shoeing through the establishment of trails.

Microbrewery.

Adult day care.

By-right accessory dwelling unit.

Exceptions which may be allowed in the RR District by special permit from the special permit granting authority (SPGA) in accordance with the regulations appearing in § 300-18.2B(2) of this bylaw:

Private club not conducted for profit, provided that adequate off-street parking is provided and that clubhouse facilities are at least 100 feet from any residence.

Campground as defined in Part 1, Article II, of this bylaw.

Conversion of a one-family dwelling existing at the time of adoption of this bylaw into a two-family dwelling.

Manufactured housing community, provided that the proposed park conforms in all respects to the requirements of this bylaw and of the Manufactured Housing Community Bylaw.[1]

Editor's Note: See Ch. 199, Manufactured Housing Communities.

Multifamily dwelling, provided that:

It does not exceed four dwelling units.

There is not less than 20,000 square feet of lot area per dwelling unit.

Adequate provision is made for off-street parking.

An environmental suitability study shows that the site is capable of sustaining this type of construction.

The removal of sand, gravel, subsoil, topsoil or earth in accordance with Part 3, Article XII, of this bylaw.

Golf course, boat livery and riding stables, provided that such uses are to be carried out on property of adequate size.

Two-family residence, provided there is not less than 20,000 square feet of lot area per dwelling unit.

Bed-and-breakfast (Planning Board acting as SPGA).

Special permit accessory dwelling unit.

Single-family attached dwelling, provided that:

It is located within an Open Space Residential Development and meets the requirements outlined in Part 3, Article VIII, Open Space Residential Development.

There is not less than 20,000 square feet of lot area per dwelling unit.

The following regulations shall be applicable in the Rural Residential District (RR):

Site plan. See Part 5, Article XIX.

§ 300-4.3 Suburban Residential District (SR).

[Amended 4-28-2025 ATM by Art. 40]

Permitted uses. The following uses are permitted uses in the SR District:

Single-family detached dwelling.

Religious, educational or governmental use.

Accessory uses customarily incidental to main use on the same premises.

Walking, hiking, bicycling, roller skating, picnicking, cross-country skiing, snow shoeing through the establishment of trails.

Adult day care.

By-right accessory dwelling unit.

Exceptions which may be allowed in the SR District by special permit from the special permit granting authority (SPGA) in accordance with the regulations appearing in § 300-18.2B(2) of this bylaw:

Two-family dwelling, provided that there is not less than 20,000 square feet of lot area per dwelling unit.

Multifamily dwelling, provided that:

It does not exceed four dwelling units.

There is not less than 20,000 square feet of lot area per dwelling unit.

Adequate provision is made for off-street parking.

An environmental suitability study shows that the site is capable of sustaining this type of construction.

The removal of sand and gravel, subsoil, topsoil or earth in accordance with Part 3, Article XII of this bylaw.

Housing for the elderly. A special permit may be granted by the Planning Board for housing designed and equipped for the elderly and physically handicapped, provided that the project and the location have the approval of the Board of Selectmen. The project may be exempted from the requirements of § 300-4.2B(5) and/or § 300-4.3B(2). An environmental suitability study shall be required. The Planning Board may impose conditions and safeguards. "Elderly" for the purpose of this bylaw shall be persons 55 years of age or older.

Bed-and-breakfast (Planning Board acting as SPGA).

Golf course and accessory uses customarily incidental thereto.

Special permit accessory dwelling unit.

Single-family attached dwelling, provided that:

It is located within an Open Space Residential Development and meets the requirements outlined in Part 3, Article VIII, Open Space Residential Development.

There is not less than 20,000 square feet of lot area per dwelling unit.

The following regulation shall be applicable in the Suburban Residential District. (SR):

Site plan. See Part 5, Article XIX.

§ 300-4.4 Commercial District (C).

[Amended 4-28-2025 ATM by Art. 41]

Permitted uses. The following uses are permitted uses in the C District:

Single-family dwelling. Also, apartments accessory to a commercial building (not to exceed two dwelling units per building).

Office, bank, newspaper or job-printing establishment.

Automobile service station.

Religious, educational or governmental use.

Nonprofit club.

Restaurants, including bakery and confectionery.

Accessory uses customarily incidental to a permitted main use on the premises.

Walking, hiking, bicycling, roller skating, picnicking, cross-country skiing and snow shoeing through the establishment of trails.

Fast-food establishment.

Walk-up establishment.

Fast casual restaurant.

Craft beverage business with tasting room.

Urgent care facility.

By-right accessory dwelling unit.

Exceptions which may be allowed in the C District by special permit from the special permit granting authority (SPGA) in accordance with the regulations appearing in § 300-18.2B(2) of this bylaw:

Indoor recreation facilities.

Outdoor recreation facilities.

Indoor family amusement centers.

Hotel, inn or motel.

The removal of sand, gravel, subsoil, topsoil or earth in accordance with Part 3, Article XII, of this bylaw.

Multifamily dwelling, provided that:

It does not exceed four dwelling units.

There is not less than 20,000 square feet of lot area per dwelling unit.

Adequate provision is made for off-street parking.

An environmental suitability study shows that the site is capable of sustaining this type of construction and use.

The entire multifamily dwelling and its necessary area requirements are located entirely in the Commercial District; or in a less restrictive district.

Two-family residence, provided there is not less than 20,000 square feet of lot area per dwelling unit.

Car wash (Planning Board acting as SPGA).

Youth center.

Special permit accessory dwelling unit.

The following regulations shall be applicable in the Commercial District C:

Site plan. See Part 5, Article XIX.

In addition, applicants shall note the following:

Per the Planning Board's direction, design review shall take place prior to or concurrently with the site plan review process in the Town of Sturbridge, and shall inform that process.

Property owners and designers shall use the Design Review Guidelines when applying for and undergoing the design review process, which may include architectural review and/or sign review.

Applicants are encouraged to discuss their projects with the Planning Department if they have any questions regarding the Design Review Guidelines.

§ 300-4.5 Commercial Tourist District (CT).

[Amended 4-28-2025 ATM by Art. 42]

Permitted uses. The following uses are permitted uses in the CT District:

Single-family dwelling.

Dwelling units located within a structure which is primarily used for a permitted use in this district and secondarily used as a residence.

Hotels, motels and inns.

Microbrewery. Total floor area shall not exceed 7,500 square feet unless located within buildings existing at the time of adoption of this amendment.

Walk-up establishments.

Indoor family amusement centers located within buildings existing at the time of adoption of this amendment.

Beauty salons and barber shops and other personal services.

Dry cleaning and laundromat. Total floor area shall not exceed 4,000 square feet.

Artist studio.

Arts center.

Accessory uses customarily incidental to a permitted main use on the same premises.

Walking, hiking, bicycling, roller skating, picnicking, cross-country skiing, snow shoeing through the establishment of trails.

Rental shops for the hourly or daily rental of bicycles, kayaks, canoes, snow shoes, cross country skis, and other similar sporting apparatus.

Farmer's market.

Religious, educational or governmental use.

Craft beverage business with tasting room.

By-right accessory dwelling unit.

Exceptions which may be allowed in the CT District by special permit from the special permit granting authority (SPGA) in accordance with the regulations appearing in § 300-18.2B(2) of this bylaw:

Lodging houses or tourist homes.

Dramatic or motion-picture theaters.

Bed-and-breakfast (Planning Board acting as SPGA).

Youth center.

Special permit accessory dwelling unit.

The following regulations shall be applicable in the Commercial/Tourist District (CT):

Site plan review. See Part 5, Article XIX.

In addition, applicants shall note the following:

Per the Planning Board's direction, design review shall take place prior to or concurrently with the site plan review process in the Town of Sturbridge, and shall inform that process.

Property owners and designers shall use the Design Review Guidelines when applying for and undergoing the design review process, which may include architectural review and/or sign review.

Applicants are encouraged to discuss their projects with the Planning Department if they have any questions regarding the Design Review Guidelines.

§ 300-4.6 General Industrial District (GI).

Permitted uses. The following uses are permitted uses in the GI District:

Wholesale warehouse and storage facilities.

Hotel, inn or motel.

Automobile repair shop, automobile storage garage, automobile salesroom or lot not to exceed 40 vehicles for sale.

Accessory uses customarily incidental to a permitted main use on the same premises.

Walking, hiking, bicycling, roller skating, picnicking, cross-country skiing, snow shoeing through the establishment of trails.

Office, bank, newspaper or job printing establishment.

Religious, educational or governmental use.

Exceptions which may be allowed in the GI District by special permit from the special permit granting authority (SPGA) in accordance with the regulations appearing in § 300-18.2B(2) of this bylaw:

The removal of sand, gravel, subsoil, topsoil or earth in accordance with Part 3, Article XII of this bylaw.

The following regulations shall be applicable in the General Industrial District (GI):

Site plan. See Part 5, Article XIX.

In addition, applicants shall note the following:

Per the Planning Board's direction, design review shall take place prior to or concurrently with the site plan review process in the Town of Sturbridge, and shall inform that process.

Property owners and designers shall use the Design Review Guidelines when applying for and undergoing the design review process, which may include architectural review and/or sign review.

Applicants are encouraged to discuss their projects with the Planning Department if they have any questions regarding the Design Review Guidelines.

§ 300-4.7 Industrial Park District (IP).

Permitted uses. The following uses are permitted uses in the IP District:

Animal clinic or hospital, including animal rescue.

Business support services.

Child day-care center.

Equipment sales and rental facilities.

Handcraft industries, including retail sales of the product produced on the premises.

Health and fitness facilities.

Information processing facilities.

Plumbing, heating and electrical warehouses, showrooms and manufacturers.

Laboratories for research and development.

Communications/Telecommunications offices, radio and television broadcasting studios and facilities.

Newspaper printing and job printing.

Food and beverage products manufacturing, including distilleries, breweries and co-packing and commercial kitchen space.

Wholesale warehouse or storage facilities, including self-storage facilities.

Automobile repair shop, automobile storage garage, automobile salesroom or lot not to exceed 40 vehicles for sale.

Accessory uses customarily incidental to a permitted main use on the same premises.

Professional offices and call centers.

Professional, scientific and technical services.

Hotel, inn or motel.

Walking, hiking, bicycling, roller skating, picnicking, cross-country skiing, snow shoeing through the establishment of trails.

(22)

(23)

Bank.

(24)

Retail and wholesale fuel oil distribution and off-site heating service, oil storage and associated office and garage space for motor vehicles of the fuel oil operation.

(25)

Religious, educational or governmental use.

Exceptions which may be allowed in the IP District by special permit from the special permit granting authority (SPGA) in accordance with the regulation appearing in § 300-18.2B(2) of this bylaw:

The removal of sand, gravel, subsoil, topsoil or earth in accordance with Part 3, Article XII of this bylaw.

Restaurant, including bakery and confectionery.

The following regulations shall be applicable in the Industrial Park District (IP):

Site plan. See Part 5, Article XIX.

In addition, applicants shall note the following:

Per the Planning Board's direction, design review shall take place prior to or concurrently with the site plan review process in the Town of Sturbridge, and shall inform that process.

Property owners and designers shall use the Design Review Guidelines when applying for and undergoing the design review process, which may include architectural review and/or sign review.

Applicants are encouraged to discuss their projects with the Planning Department if they have any questions regarding the Design Review Guidelines.

§ 300-4.8 Commercial II District (C2).

[Amended 4-28-2025 ATM by Art. 43]

Permitted uses. The following uses are permitted uses in the C2 District:

Single-family dwelling. Also, apartments accessory to a commercial building (not to exceed two dwelling units per building).

Office, bank, newspaper or job printing establishment.

Retail store or shop, barber shop, beauty salon, personal service establishments, shop for the repair of personal or household items, laundromat, health and fitness center, artisan's or craftsmen's shop, wholesale and retail sales not involving manufacture on the premises except of products the major portion of which are sold on the premises by the producer.

Automobile service station.

Religious, educational or governmental use.

Nonprofit club.

Restaurants, including bakery and confectionery.

Accessory uses customarily incidental to a permitted main use on the premises.

Walking, hiking, bicycling, roller skating, picnicking, cross-country skiing and snow shoeing through the establishment of trails.

Fast-food establishment.

Walk-up establishment.

Fast casual restaurant.

Craft beverage business with tasting room.

Urgent care facility.

By-right accessory dwelling unit.

Exceptions which may be allowed in the C2 District by special permit from the special permit granting authority (SPGA) in accordance with the regulations appearing in § 300-18.2B(2) of this bylaw:

Indoor recreation facilities.

Outdoor recreation facilities.

Indoor family amusement centers.

Hotel, inn or motel

The removal of sand, gravel, subsoil, topsoil or earth in accordance with Part 3, Article XII of this bylaw.

Multifamily dwelling, provided that:

It does not exceed four dwelling units.

There is not less than 20,000 square feet of lot area per dwelling unit.

Adequate provision is made for off-street parking.

An environmental suitability study shows that the site is capable of sustaining this type of construction and use.

The entire multifamily dwelling and its necessary area requirements are located entirely in the Commercial District; or in a less restrictive district.

Two-family residence, provided there is not less than 20,000 square feet of lot area per dwelling unit.

Truck stop (Planning Board acting as SPGA).

Special permit accessory dwelling unit.

The following regulations shall be applicable in the Commercial II District (C2):

Site plan. See Part 5, Article XIX.

In addition, applicants shall note the following:

Per the Planning Board's direction, design review shall take place prior to or concurrently with the site plan review process in the Town of Sturbridge, and shall inform that process.

Property owners and designers shall use the Design Review Guidelines when applying for and undergoing the design review process, which may include architectural review and/or sign review.

Applicants are encouraged to discuss their projects with the Planning Department if they have any questions regarding the Design Review Guidelines.

§ 300-4.9 Historic Commercial District (HC).

[Amended 4-28-2025 ATM by Art. 44]

Permitted uses. The following uses are permitted uses in the HC District:

Single-family dwelling.

Professional offices, including facilities occupied by businesses that provide professional services and/or are engaged in the production of intellectual property. Total floor area shall not exceed 6,000 square feet per structure. Examples of these include: accounting, auditing and bookkeeping services; advertising agencies; attorneys; commercial art and design services; counseling services; design services, including architecture, engineering, landscape architecture, urban planning; education, scientific and research organizations; financial management and investment counseling; management and public relations services; media postproduction services; news services; photographers and photography studios; secretarial, stenographic, word processing, and temporary clerical employee services; security and commodity brokers; and writers and artists offices.

Hotel, motel or inn not to exceed 125 rooms.

Libraries, museums, galleries.

Religious, educational or governmental use.

Farm, including agriculture, horticulture and viticulture, provided that the lot is not less than five acres, including facilities for the sale of produce, wine and dairy products, provided that said facilities comply with the requirements of MGL c. 40A, § 3.

By-right accessory dwelling unit.

Exceptions which may be allowed in the HC District by special permit from the special permit granting authority (SPGA) in accordance with the regulations appearing in § 300-18.2B(2) of this bylaw:

Bed-and-breakfast, not to exceed 4,000 square feet.

Special permit accessory dwelling unit.

The following regulations shall be applicable in the Historic Commercial District (HC):

Guidelines for preservation and adaptive reuse of existing structures within the district for all projects requiring site plan review.

Distinctive materials, features, finishes and construction techniques or examples of craftsmanship that characterize a property shall be preserved.

Guidelines for additions to existing structures for all projects requiring site plan review.

Additions to structures should incorporate the distinctive architectural features of the original structures, including:

[a]

Door and window shape, size and type;

[b]

Exterior materials;

[c]

Roof material, pitch and style; and

Trim and decoration.

Guidelines for infill development for all projects requiring site plan review.

The incorporation of design elements that break up large facades and add human scale to the structures is encouraged.

The following shall be applicable in the Historic Commercial District:

All parking, loading and service areas shall be located to the rear of the principal structure wherever possible.

Site plan review. See Part 5, Article XIX.

Design review.

Design review pursuant to Chapter 142, Design Review, of the Town bylaws shall be required for all adaptive reuse projects, additions to existing structures and infill development.

With respect to design review, applicants shall note the following:

Per the Planning Board's direction, design review shall take place prior to or concurrently with the site plan review process in the Town of Sturbridge, and shall inform that process.

Property owners and designers shall use the Design Review Guidelines when applying for and undergoing the design review process, which may include architectural review and/or sign review.

Applicants are encouraged to discuss their projects with the Planning Department if they have any questions regarding the Design Review Guidelines.

§ 300-4.10 Special Use District (SU).

[Amended 4-28-2025 ATM by Art. 45]

Permitted uses. The following uses are permitted uses in the SU District:

Single-family detached dwelling.

Nursery, including display and sale of natural products.

Religious, educational or governmental use.

Walking, hiking, bicycling, roller skating, picnicking, cross-country skiing, snow shoeing, through the establishment of trails and other amenities.

Accessory uses customarily incidental to main use on the same premises.

Professional and medical offices.

Laboratories for research and development.

By-right accessory dwelling unit.

Campgrounds.

Manufactured home community for persons over the age of 55.

Bed-and-breakfast.

Hospital or medical treatment building.

Indoor recreational facilities.

Outdoor recreational facilities.

Craft beverage business with tasting room.

Microbrewery.

Indoor family amusement centers.

Special permit accessory dwelling unit.

Single-family attached dwelling, provided that:

It is located within an open space residential development and meets the requirements outlined in Part 3, Article VIII, Open Space Residential Development.

There is not less than 20,000 square feet of lot area per dwelling unit.

Two-family dwelling, provided that:

It is located within an open space residential development and meets the requirements outlined in Part 3, Article VIII, Open Space Residential Development.

There is not less than 20,000 square feet of lot area per dwelling unit.

Multifamily dwelling, provided that:

It is located within an open space residential development and meets the requirements outlined in Part 3, Article VIII, Open Space Residential Development.

There is not less than 20,000 square feet of lot area per dwelling unit.

The following regulation shall be applicable in the Special Use District (SU):

GROUNDWATER PROTECTION DISTRICT

Site plan review. See Part 5, Article XIX.

§ 300-5.1 Purpose.

The purpose of this Groundwater Protection District is to:

Preserve and protect existing and potential sources of drinking water supplies.

Conserve the natural resources of the Town.

Prevent temporary and permanent contamination of the environment.

§ 300-5.2 Scope of authority.

§ 300-5.3 Definitions.

For the purposes of this article, the following words and phrases shall have the following meanings:

AQUIFER

A geologic formation composed of rock, sand or gravel that contains significant amounts of potentially recoverable water.

The zoning district defined to overlay other zoning districts in the Town of Sturbridge. The Groundwater Protection District may include specifically designated recharge areas.

IMPERVIOUS SURFACE

Material or structure on, above or below the ground that does not allow precipitation or surface water to penetrate directly into the soil.

MINING

The removal or relocation of geologic materials such as topsoil, sand, gravel, metallic ores or bedrock.

RECHARGE AREAS

Areas that collect precipitation of surface water and carry it to aquifers. Recharged areas may include areas designated as Zone I, Zone II or Zone III.

TOXIC OR HAZARDOUS MATERIAL

§ 300-5.4 Establishment and delineation of aquifers and recharge areas.

§ 300-5.5 District boundary disputes.

§ 300-5.6 Use regulations.

In the Groundwater Protection District the following use regulations shall apply:

Conservation of soil, water, plants and wildlife.

Outdoor recreation, nature study, boating, fishing and hunting where otherwise legally permitted.

Foot, bicycle and/or horse paths and bridges.

Normal operation and maintenance of existing water bodies and dams, splash boards and other water control supply and conservation devices.

Maintenance, repair and enlargement of any existing structure subject to Subsection B (prohibited uses) and Subsection C (special permitted uses).

Residential development subject to Subsection B (prohibited uses) and Subsection C (special permitted uses).

Farming, gardening, nursery, conservation, forestry, harvesting and grazing subject to Subsection B (prohibited uses) and Subsection C (special permitted uses).

All other allowed uses within the zoning district boundary provided under the Town of Sturbridge Zoning Bylaws.

Prohibited uses. The following uses are prohibited:

Landfills and open dumps as defined in 310 CMR 19.006.

Storage of liquid petroleum products, except the following:

Normal household use, outdoor maintenance and heating of a structure;

Waste oil retention facilities required by statute, rule or regulation;

Emergency generators required by statute, rule or regulation;

Landfilling of sludge or septage as defined in 310 CMR 32.05.

Storage of sludge and septage, unless such storage is in compliance with 310 CMR 32.30 and 310 CMR 32.31.

Storage of deicing chemicals unless such storage, including loading areas, is within a structure designed to prevent the generation and escape of contaminated runoff or leachate.

Storage of animal manure unless covered or contained.

Facilities that generate, treat, store or dispose of hazardous waste subject to MGL c. 21C and 310 CMR 30.00, except the following:

Very small quantity generators as defined under 310 CMR 30.00.

Household hazardous waste collection centers and events under 310 CMR 30.

Waste oil retention facilities required by MGL c. 21, § 52A.

Water remediation treatment works approved under 314 CMR 5.00.

Automobile graveyards and junkyards as defined in MGL c. 140B, § 1.

Treatment works that are subject to 314 CMR 5.00, including privately owned sewage treatment facilities, except the following:

The replacement or repair of an existing treatment works that will not result in a design capacity greater than the design capacity of the existing works.

The replacement of existing subsurface sewage disposal system(s) with wastewater treatment works that will not result in a design capacity greater than the design capacity of the existing system(s).

Treatment works approved by the Massachusetts Department of Environmental Protection designed for the treatment of contaminated groundwater.

Industrial and commercial uses which discharge process wastewater on site.

Stockpiling and disposal of snow and ice containing deicing chemicals if brought in from outside the district.

The use of septic system cleaners which contain toxic or hazardous chemicals.

Enlargement or alteration of existing uses that do not conform to the Groundwater Protection District.

§ 300-5.7 Procedures for issuance of special permit.

In no way, during construction or thereafter, adversely affect the existing or potential quality or quantity of water that is available in the Groundwater Protection District.

Be designed to avoid substantial disturbance of the soils, topographic drainage, vegetation and other water-related natural characteristics of the site to be developed.

The SPGA may adopt regulations to govern design features of projects. Such regulations shall be consistent with subdivision regulations adopted by the Planning Board.[1]

Editor's Note: See Ch. 350, Subdivision Regulations.

Provisions for indoor, secured storage of hazardous materials and wastes with impervious floor surfaces.

Proposed down-gradient location(s) for groundwater monitoring well(s), should the SPGA deem the activity a potential groundwater threat.

§ 300-5.8 Severability.

§ 300-6.1 Purpose.

This district is primarily intended for small to mid-sized business uses serving both residents and visitors, and/or tourism-based uses developed in a manner that:

Helps implement pertinent recommendations of the Master Plan and Commercial Tourist District Revitalization Plan;

Encourages redevelopment and infill in developed areas;

Avoids creation of traffic congestion or hazards within the Route 20 corridor;

Creates more walkable areas within the district; and

Demonstrates excellence in building and site design.

§ 300-6.2 Establishment.

§ 300-6.3 Authority.

§ 300-6.4 Use regulations.

The following uses are permitted by right subject to the site plan review requirements of Part 5, Article XIX, of this bylaw, and all applicable density and design provisions of this bylaw:

Hotels, motels and inns.

Personal service establishments with a floor area of not greater than 7,500 square feet per structure.

Professional offices, including facilities occupied by businesses that provide professional services and/or are engaged in the production of intellectual property. Total floor area shall not exceed 7,500 square feet per structure. Examples of these include: accounting, auditing and bookkeeping services; advertising agencies; attorneys; commercial art and design services; counseling services; design services, including architecture, engineering, landscape architecture, urban planning; education, scientific and research organizations; financial management and investment counseling; management and public relations services; media postproduction services; news services; photographers and photography studios; secretarial, stenographic, word processing, and temporary clerical employee services; security and commodity brokers; and writers and artists offices.

Outdoor seating associated with restaurants.

Cultural and historic attractions.

Artist live and work space.

Residential units located above nonresidential space.

Banks and financial institutions without a drive-up window or ATM drive.

The following uses may be allowed by special permit (Planning Board as SPGA) subject to the special permit criteria outlined in § 300-18.2B(2) and the requirements of this chapter:

Indoor recreational facilities (maximum size 7,500 square feet per structure).

Live theater or movie house with a maximum of two screens.

Dance studios.

Any permitted use with more than one curb cut.

Banks and financial institutions with a drive-up window or ATM drive-up lane.

Fast casual restaurant with drive-thru.

Fast-food establishment.

[Added 6-7-2021 ATM by Art. 38]

§ 300-6.5 Dimensional requirements.

Front setback shall be 50 feet.

Side and rear setbacks shall be 30 feet.

Maximum height shall be 35 feet. Hotels, motels and inns may exceed 35 feet in height by special permit.

§ 300-6.6 Design standards.

Adjacent buildings of different architectural styles shall be made compatible by such means as screens, sight breaks and materials.

Attractive landscape transition to adjoining properties shall be provided.

Harmony in textures, lines and masses is required. Monotony shall be avoided.

Environmental resources shall be respected and protected.

Relationship of building to site.

The site shall be planned to accomplish a desirable transition with the streetscape and to provide for adequate planting and safe vehicular and pedestrian movement.

Parking areas shall be treated with decorative elements, building wall extensions, planting, berms or other innovative means so as to provide suitable screening and heat island mitigation.

Within the permissible limits of the Zoning Bylaw, the height and scale of each building shall be compatible with the site and existing adjoining buildings.

Vehicular and pedestrian circulation.

Shared parking may be allowed subject to the provisions of § 300-16.10, Shared parking, of this bylaw.

Curbing within the parking lot along the perimeter and for islands is to be granite in accordance with MassDOT Standards.

Sidewalks should not only be provided within the site but should also be provided along the frontage of the property abutting any roadway.

Building siting and topography.

Where slopes are steep, terracing should be employed using properly stabilized slopes or retaining walls.

Design of structures.

Buildings shall be designed in appropriate scale and be in harmony with other traditional neighborhood development.

In multiple-building projects, variable siting of individual buildings should be considered as a means to prevent a monotonous appearance.

Utilities and storm drainage.

Signs.

Due to the unique nature of the Gateway District, every sign shall be designed as an integral architectural element of the building and site to which it relates.

Every sign shall have good scale and proportion in its design and in its visual relationship to buildings and surroundings.

Every sign shall be designed as an integral architectural element of the building.

The colors, materials and lighting of every sign shall be harmonious with the building and site to which it principally relates.

Landscaping and existing vegetation.

Natural tree coverage and other desirable natural foliage shall be preserved to the maximum extent possible and proposed improvements shall be designed accordingly.

Landscape treatments shall be provided to enhance architectural features, strengthen vistas and provide shade and microclimate control.

Property edge landscaping.

Where commercial property abuts residential property, setbacks and landscape buffers shall be as required in Subsection K, Buffers between land uses.

Property interior landscaping.

Parking areas/lots.

Screening of service yards, delivery areas and other places that tend to be unsightly shall be accomplished by use of walls, fencing, planting or combinations of these.

In areas where general plantings will not prosper, other materials such as fences, walls and paving of wood, brick, stone, gravel and cobbles shall be used.

Buffers between land uses.

Other site features.

Exterior lighting shall be part of the architectural concept. Fixtures, standards and all exposed accessories shall be harmonious with building design.

Erosion and sedimentation control.

In disturbed areas, if the surface material is not suitable for the growing of seed, a minimum of four inches of loam will be required.

The developer is responsible for preventing all erosion and buildup of sediment within the area disturbed due to the construction of the road and drainage system.

§ 300-7.1 Purpose.

§ 300-7.2 Definitions.

§ 300-7.3 Location.

RMDs or OMMDs may be permitted in the Medical Marijuana Overlay District pursuant to a special permit.

RMDs or OMMDs may not be located within 300 feet of the following:

School, including a public or private elementary, vocational or secondary school or a public or private college, junior college or university;

Child-care facility;

Library;

Public playground;

Public park;

Youth center;

Public swimming pool;

Video arcade facility; or

Similar facility in which minors commonly congregate.

The distance requirement may be reduced by 25% or less by special permit, but only if:

The applicant demonstrates that the RMD or OMMD would otherwise be effectively prohibited within the municipality;

The applicant demonstrates that the RMD or OMMD will employ adequate security measures to prevent diversion of medical marijuana to minors who are not qualifying patients pursuant to 935 CMR 502.110.

§ 300-7.4 Application and approval procedures.

Application. In addition to the materials required under § 300-19.3 (site plan review contents of plans), all applications for RMDs shall include:

The name and address of each owner of the RMD or OMMD facility/operation;

A copy of its registration as an RMD or OMMD from the Massachusetts Cannabis Control Commission (CCC);

A description of all activities to occur on site;

A description of the security measures, including employee security policies, approved by the CCC for the RMD;

A copy of the emergency procedures approved by the CCC for the RMD or OMMD;

A copy of the policies and procedures for patient or personal caregiver home-delivery approved by the CCC for the RMD or OMMD;

A copy of the policies and procedures for the transfer, acquisition or sale of marijuana between RMDs or OMMDs approved by the CCC;

A copy of proposed waste disposal procedures; and

A description of any waivers from CCC regulations issued for the RMD or OMMD.

RMD facilities that can demonstrate that they comply with the agricultural exemption under MGL c. 40A, § 3 must still apply for site plan approval.

§ 300-7.5 Additional requirements and conditions on RMDs or OMMDs.

Physical requirements.

Ventilation. All RMD and OMMD facilities shall be ventilated in such a manner that:

No pesticides, insecticides or other chemicals or products used in the cultivation or processing are dispersed into the outside atmosphere; and

Hours of operation, including dispatch of home deliveries.

RMD and OMMD facilities may only be involved in the uses permitted by its definition and may not include other businesses or services.

The permit shall be limited to the current applicant and shall lapse if the permit holder ceases operating the RMD.

The permit shall lapse upon the expiration or termination of the applicant's registration by DPH.