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

Except as otherwise provided herein, the boundaries of these districts are defined and set forth on the map entitled "Zoning Map, Town of Sudbury, last amended April 1994," as may be subsequently amended by vote of Town Meeting. This map is on file with the Town Clerk. The Zoning Map, with all explanatory matter thereon, is hereby made a part of this bylaw.

The location of districts is further described in narrative form with accompanying maps in Appendix C.[1]

"Overlay" districts are also hereby created: Floodplain Overlay District (reference Section 4100); Water Resource Protection Overlay Districts (reference Section 4200); Wireless Services Overlay District (reference Section 4300); Mixed-Use Overlay District (reference Section 4700); North Road Residential Overlay District (reference Section 4700A); Melone Smart Growth Overlay District (reference Section 4700B); and historic districts (Old Sudbury and Hudson Road Historic District, Wayside Inn Historic Districts 1 and 2, King Philip Historic District, and George Pitts Tavern Historic District) (reference Appendix C).

All buildings and structures constructed on the subject property shall be subject to the dimensional requirements of Section 2600 of this bylaw for the district in which the exempt use is located.

Exempt uses shall be regulated as set forth in Section 2200, Principal Use Regulations.

Parking for any exempt use shall comply with Section 3100 of this bylaw.

The performance standards in Section 3400 shall apply to all new construction of any exempt use.

The screening and landscaping standards of Section 3500 shall apply to all new construction of any exempt use.

The proposal shall be subject to the site plan review process set forth in Section 6300 of this bylaw in order to provide information to Town boards and departments as to how the project complies with the requirements of the Zoning Bylaw with respect to bulk and height of structures, yard sizes, lot area, setbacks, open space, parking and building coverage requirements.

No structure shall be erected or used or land used except as set forth herein, unless exempted by this bylaw or by statute. Uses not expressly provided for herein are prohibited. Not more than one principal structure shall be placed on a residential lot, except in accordance with Sections 2300 (Accessory Uses and Structures), 5300 (SRC) and 5400 (ISD). Except as provided in Sections 5300 and 5400, no lot within a subdivision or within the Town shall have more than one building to be used for dwelling purposes.

The growing of plants in the soil.

Open-air dining areas where patrons are seated at tables.

Parking areas for customer and employee automobiles.

Exterior signs as permitted herein.

Open-air displays of sample merchandise on the same premises as a completely enclosed building in which such merchandise is regularly sold, provided that the portion of the lot used for such displays has a ground area of less than 10% of the area covered by said building.

The dispensing of fuels, lubricants or fluids at filling stations, and the dispensing of merchandise from a completely enclosed building to persons outside at drive-in establishments.

In Industrial Districts, Limited Industrial Districts, and Industrial Park Districts, auxiliary outside storage or use shall be permitted provided that such outside storage or use shall not exceed in ground area a space equal to the number of square feet occupied by the building. Outside parking areas may be allowed at the sides of a building, provided they are adequately screened and set back from the front of the building (see Section 3530, Landscaping requirements for property lines).

In Limited Industrial Districts and Industrial Park Districts, the regular parking of commercial motor vehicles within 1,000 feet of a residential district except wholly within a completely enclosed building is prohibited.

In Research Districts only, such nonnuisance research, development or engineering work as must necessarily, or may more conveniently, be conducted outside.

Family day care and adult day care. Family day care is a permitted accessory use. Adult day care may be permitted as a principal or an accessory use upon the issuance of a special permit by the Zoning Board of Appeals. Providers shall comply with all applicable federal, state, and local laws.

Boarders in single-family dwelling. The renting of rooms and/or furnishing of board to not more than five persons in a single-family dwelling by the owner thereof shall be a permitted accessory use. The renting of rooms and/or furnishing of board to more than two persons shall cause the use to be classified as a boardinghouse subject to the provisions of Section 2230 (Table of Principal Use Regulations), herein.

The Zoning Board of Appeals may grant a special permit for the nonexempt raising of swine, poultry, fur-bearing animals, and the operation of kennels in any district; in accordance with Section 6200, such Board may impose such restrictions with respect to the conduct thereof as in its judgment may seem necessary for the general welfare of the Town.

Any use accessory to an allowed principal nonresidential use where such accessory use is an entry in the Table of Principal Use Regulations shall be allowed only upon the issuance of a special permit from the Zoning Board of Appeals.

Uses, whether or not on the same parcel as activities permitted as a matter of right, accessory to activities permitted as a matter of right, which activities are necessary in connection with scientific research or scientific development or related production, may be permitted in Limited Industrial Districts, Industrial Districts, Industrial Park Districts, and Research Districts upon the issuance of a special permit, provided the granting authority finds that the proposed accessory use does not substantially derogate from the public good.

Unregistered motor vehicles. Unregistered motor vehicles which are unfit for use, permanently disabled or have been dismantled or are otherwise inoperative, shall not be stored, parked or placed upon any land in the Town unless the same shall be within a building or in an area unexposed to the view of the public and abutters or in an area properly approved for the keeping of the same by licensed junk dealers (and automobile dealers).

Trailers. Trailers, commonly known as "mobile homes" or "house trailers," shall not be used for dwelling purposes in any part of the Town except in a trailer camp or park for which a permit has been granted by the Zoning Board of Appeals, as required by this bylaw, and a license granted by the Board of Health under the provisions of MGL c. 140; nor shall such trailers be stored or parked on any premises in a residence district except that the Select Board may upon written application grant, to an owner of premises in any residence district, a special permit for the storing or parking of automobile trailers of the nonresident guests of such owner on such premises upon such conditions as the said Board may prescribe and for a period not to exceed 30 days in any one calendar year, and except the Select Board may upon written application grant, to an owner of a residence lot or site, a special permit for dwelling purpose use of an automobile trailer, provided such owner has secured a building permit for the construction of a dwelling on such a lot or site, upon such conditions as the Select Board may prescribe and for a period not to exceed one year.

A single camping trailer, utility trailer, horse trailer, boat or pickup camper, not exceeding 24 feet in length, used by the resident for his own use may be stored on a residential lot. No such trailer, camper or boat may be used for a dwelling on a residential lot.

The temporary use (six months or less) of trailers, containers, or other transportable components for storage or office purposes is allowed if permitted as of right in Section 2230, Table of Principal Use Regulations (Appendix A[1]) or with the review and approval of the Building Inspector. The use of trailers, containers, or other transportable components for storage or office purposes for longer than six months is only permitted if allowed as of right in Section 2230, Table of Principal Use Regulations (Appendix A), or by special permit from the Zoning Board of Appeals. In all cases trailers, containers, or other transportable components for storage or office purposes shall not be stacked on top of one another.

In residential zoning districts, private or public swimming pools shall be permitted, provided that a building permit therefor be granted by the Building Inspector under the provision of the Commonwealth of Massachusetts State Building Code. Requirements for setback, side yard, front and rear yard clear distances shall be the same as for a principal building. Pools built for public or semipublic use (including private clubs or organizations) require site plan approval per Section 6300 of this bylaw and a special permit from the Zoning Board of Appeals. Enclosures for swimming pools shall meet the Massachusetts State Building Code requirements.

In residential zoning districts, a one-story, noncommercial accessory building which is detached and not part of the main building and 16 feet in length on any side, or with a maximum gross floor area of 200 square feet, whichever is less, may be built in the rear yard area. Such accessory building shall not be located nearer than five feet to the rear or side lot line, nor nearer to the front street line than the prescribed minimum setback distance of the respective districts. See Appendix B, Table of Dimensional Requirements.[2]

An accessory building shall not exceed 35 feet in height above the average grade level around the structure. See Appendix B, Table of Dimensional Requirements.

Is conducted solely within a dwelling and solely by the person(s) occupying the dwelling as a primary residence;

Is clearly incidental and secondary to the use of the premises for residential purposes;

Does not produce offensive noise, vibration, smoke, dust, odors, heat, lighting, electrical interference, radioactive emission or environmental pollution;

Does not utilize exterior storage of material or equipment (including the parking of commercial vehicles);

Does not exhibit any exterior indication of its presence or any variation from residential appearance;

Does not produce more than one customer round trip per day to the occupation site;

Is registered with the Zoning Enforcement Officer.

Fully complies with Subsections 2332, 2333 and 2334 above.

Is conducted within a dwelling, or within a building accessory to a dwelling, solely by the person(s) occupying the dwelling as a primary residence and, in addition to the residents of the premises, by not more than one additional employee;

Does not exhibit any exterior indication of its presence, or any variation from residential appearance, except for a sign or nameplate compliant with Section 3200;

A special permit for such use is granted by the Zoning Board of Appeals, subject to conditions, including, but not limited to, restriction of hours of operation, maximum floor area, off-street parking, and maximum number of daily customer vehicle trips.

All the special permit guidelines of Section 6220; and

That it will not be substantially more detrimental or objectionable to the neighborhood than the existing nonconforming use.

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

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

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

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

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

Where two or more of the requirements in this bylaw are applicable to the same open space, that which imposes the greatest restriction on the placement of the building will control.

Nothing herein shall prevent the projection of cornices or eaves not exceeding 18 inches in width or of steps, unroofed porches or windowsills into any required yard or other open space.

Height limitations. The limit of height of buildings in feet shall not apply to chimneys, ventilators, skylights, tanks, bulkheads, penthouses, church spires and other accessory and structural parts of such buildings, if they are not used for living purposes; except towers, whether or not they are to be attached to any building, may be erected for the sole purpose of amateur radio operation in any district in the Town if a permit is granted by the Zoning Board of Appeals subject to such conditions and regulations as may be imposed by such Board.

In A-RES, C-RES, Village Business Districts and Limited Business Districts, schools and municipal buildings may contain three full stories not to exceed 45 feet in height.

Lot perimeter. In all residential districts, any lot created after the adoption of this bylaw shall have no more than one foot of perimeter for every 40 square feet of lot area and shall not be less than 50 feet in width in any location within the lot except in a portion of the lot where two lot lines meet at a point. Any lot created before adoption of this bylaw and conforming to then applicable requirements shall be considered a conforming lot for purposes of this Zoning Bylaw.

Minimum front yard. In all residential districts, any conforming front yard setback in existence at the time of the adoption of this bylaw amendment shall continue to be considered a conforming setback for the purpose of this Zoning Bylaw. For the purposes of zoning, a corner lot shall be considered to have two front yard setbacks.

In Business Districts, Village Business Districts and Limited Business Districts, buildings and structures may not cover more than 75% of any corner lot.

The open space required by the Table of Dimensional Requirements, Appendix B, shall be so located as to properly light and ventilate building(s) and give access in case of fire.

In Industrial Districts, the required front yard along the "Post Road," so-called, shall be 50 feet. In Limited Industrial Districts, the required front yard along the "Post Road," so-called, shall be 100 feet.

In Limited Business Districts and Business Districts, the five-foot required side yard shall not apply to nonresidential buildings having a party wall on the side lot line.

Any dwelling in a Limited Business District or Business District shall have required side and rear yards of 20 feet.

In A-RES, C-RES or Wayside Inn Historic Preservation Districts, a lot having frontage on two or more streets must have the minimum frontage required by the district on only one street and a minimum of one-half the required frontage on the other street or streets.

In all nonresidential districts, the setback required from a Single Residence District boundary line need not apply whenever said boundary line is also a street line.

In all Research Districts, the setback from the street center line need only be 50 feet for a gate house, bus stop shelter or security office which is not more than one story in height.

In Limited Business Districts, Business Districts, Limited Industrial Districts and Industrial Districts, no open display, no gasoline pump, and no structure having a height in excess of three feet, except a utility or light pole, shall be nearer to the center or exterior line of any street or way than 75% of the required setback and front yard distance, respectively, specified herein for a building in the district in which located.

Location of automobile services. No driveway opening serving a garage for motor vehicle repairs, an automobile filling station, a drive-in business establishment, or an automobile parking area with more than 10 spaces shall be located in any district on either side of the same street between two intersecting streets as, and within 300 feet from, any entrance to or exit from a public or private school, public library, church, public park or playground, or public or private institution for the sick or dependent, or for children under 16 years of age.