Upton City Zoning Code
ARTICLE 3
Use Regulations
§ 300-3.1 Table of Principal Uses.
[Amended 11-5-2019 STM by Art. 16; 5-8-2021 ATM by Art. 16; 11-7-2023 STM by Art. 20; 5-2-2024 ATM by Art. 32; 5-2-2024 ATM by Art. 33; 11-12-2024 STM by Art. 24]
No land shall be used and no structure shall be erected or used except as set forth in the following Table of Principal Uses, Table A, including the notes to Table A, or as otherwise set forth herein, or as exempted by General Laws. Any building or use of premises not herein expressly permitted is hereby prohibited.
A.
Symbols. Symbols employed in the Table of Principal Uses shall mean:
Y = Permitted as of right |
N = Prohibited |
BA = Special Permit/Zoning Board of Appeals |
PB = Special Permit/Planning Board |
SRA = Single Residential A |
SRB = Single Residential B |
SRC = Single Residential C |
SRD = Single Residential D |
AR = Agricultural Residential |
GB = General Business |
C&I = Commercial & Industrial |
MGF = Municipal Government Facilities |
UCBD = Upton Center Business District |
B.
If classified under more than one use. Where an activity may be classified as more than one of the principal uses listed in the Table of Principal Uses, the more specific classification shall determine permissibility; if equally specific, the more restrictive shall govern.
C.
Table of Principal Uses: See Table A, below.
Table A - Table of Principal Uses By District | ||||||||||
|---|---|---|---|---|---|---|---|---|---|---|
Principal Use | SRA | SRB | SRC | SRD | AR | GB | C&I | MGF | UCBD | |
Residential | ||||||||||
1 | One-family house, with not more than one such house located on any lot | Y | Y | Y | Y | Y | BA | BA | N | N |
2 | Conversion from single family to two-family dwelling (see Note 1) | BA | BA | BA | BA | BA | BA | BA | N | BA |
3 | Bed-and-breakfast, boardinghouse or lodging house, but not including overnight cabins, motels, or hotels | BA | BA | BA | BA | N | BA | BA | N | BA |
4 | Senior housing community (see § 300-7.4 for additional regulations) | PB | PB | PB | PB | PB | N | N | N | N |
5 | Townhouses and garden apartments (see § 300-7.2 for additional regulations) | BA | BA | N | N | N | BA | BA | N | N |
6 | Open space preservation subdivision (see § 300-7.3 for additional regulations) | N | PB | PB | PB | PB | N | N | N | N |
Agricultural | ||||||||||
7 | Farm, orchard, nursery or similar open use of the land for the raising of agricultural or horticultural crops, on less than five acres | Y | Y | Y | Y | Y | Y | Y | N | N |
8 | The raising and/or keeping of livestock on less than five acres | N | N | N | N | BA | BA | BA | N | N |
9 | The raising of hogs, pigs, or fur-bearing animals for commercial purposes on less than five acres (see Note 4) | N | N | N | N | BA | N | N | N | N |
10 | Salesroom or stand for the display and sale of agricultural, floricultural, viticultural or horticultural products, including wine and dairy products where the majority of such products are grown on the premises (see Note 2) | N | N | N | N | BA | BA | BA | N | N |
11 | Riding stable for commercial purposes on less than five acres | N | N | N | N | BA | N | N | N | N |
Institutional, Educational and Municipal | ||||||||||
12 | Use of land or structures for religious purposes or for educational purposes on land owned or leased by the commonwealth or any of its agencies, subdivisions or bodies politic or by a religious sect or denomination, or by a nonprofit educational corporation | Y | Y | Y | Y | Y | Y | Y | N | Y |
13 | Nonprofit museum, art gallery or community center | BA | BA | BA | BA | BA | Y | Y | N | Y |
14 | Municipal administration buildings and uses, including Town library, fire or police station, public works facility, sewer and water pump stations | Y | Y | Y | Y | Y | Y | Y | Y | Y |
15 | Municipal recreation or public water supply use | Y | Y | Y | Y | Y | Y | Y | Y | Y |
16 | Child care facility, as defined in MGL c. 15D, § 1A | Y | Y | Y | Y | Y | Y | Y | N | Y |
17 | Family child care home, as defined in MGL c. 15D, § 1A | BA | BA | BA | BA | BA | BA | BA | N | BA |
18 | Cemetery | BA | BA | BA | BA | N | BA | BA | N | N |
19 | Lodge building for use by private club or other nonprofit civic organization | BA | BA | BA | BA | N | BA | N | N | BA |
Recreational | ||||||||||
20 | Golf course | N | N | N | N | BA | N | N | N | N |
21 | Boat rental and storage facility | N | N | N | N | BA | BA | N | N | BA |
22 | Country club | BA | BA | BA | BA | N | BA | N | N | N |
23 | Place of amusement or assembly (see Note 5) | N | N | N | N | N | BA | BA | N | Y |
Retail and Consumer Service | ||||||||||
24 | Retail stores (see Note 9) | N | N | N | N | N | Y | Y | N | Y/PB |
25 | Vehicle repair shops and vehicle-related businesses (see Note 3) | N | N | N | N | N | BA | BA | N | N |
26 | Personal services (see Note 8) | N | N | N | N | N | Y | Y | N | Y |
27 | Eating establishments (see Note 7) | N | N | N | N | N | Y | Y | N | Y |
28 | Business or professional office | N | N | N | N | N | Y | Y | N | Y |
29 | Banks | N | N | N | N | N | Y | Y | N | Y |
30 | Showroom for building supplies, including plumbing, heating and ventilating equipment, with storage limited to floor samples only | N | N | N | N | N | BA | BA | N | BA |
31 | Showroom for boats, trailers, trucks, farm implements, or machinery, with no repair services | N | N | N | N | N | BA | BA | N | N |
32 | Showroom for wholesale establishments | N | N | N | N | N | Y | Y | N | N |
33 | Funeral home | N | N | N | N | N | Y | Y | N | N |
34 | Planned village development (see § 300-6.4 for additional regulations) | N | N | N | N | N | N | PB | N | N |
35 | Drive-through establishments (see § 300-6.5 for additional regulations) | N | N | N | N | N | PB | PB | N | PB |
35a | Mixed-use facilities (see Note 11) | N | N | N | N | N | PB | N | N | PB |
Utilities, Communication and Transportation | ||||||||||
36 | Wireless data transfer facility (see § 300-6.2 for additional regulations) | PB | PB | PB | PB | PB | PB | PB | PB | N |
37 | Privately owned electrical substations and other utilities (not including power plants) that are intended to serve specific areas of Town | BA | BA | BA | BA | N | BA | BA | Y | N |
38 | Large-scale ground-mounted solar photovoltaic installations with rated nameplate capacity of 250 kW DC to 500 kW DC and that occupy from 40,000 square feet to 80,000 square feet of surface area (see § 300-6.6 for additional regulations) (see Note 10) (see § 300-6.8 for the use in the Solar Overlay District) | N | N | N | N | N | N | Y | N | N |
39 | N | N | N | N | N | N | PB | N | N | |
Industrial, Manufacturing and Storage | ||||||||||
40 | Establishment for the repair or storage of trailers, trucks, farm implements, or machinery (see Note 3) | N | N | N | N | N | N | BA | N | N |
41 | Trucking terminal or motor freight station | N | N | N | N | N | N | BA | N | N |
42 | Storage facilities and warehouses (see Note 6) | N | N | N | N | N | BA | BA | N | N |
43 | Plant for light manufacturing or packaging | N | N | N | N | N | N | BA | N | N |
Notes To Table A | |
|---|---|
1) | The alteration of a single-family dwelling existing on the effective date of this bylaw (October 1, 1958) to accommodate two families if located on a lot having an area not less than twice that required for the erection of a single-family dwelling in the same district, provided that no exterior change is made which alters the single family character of the dwelling. |
2) | Provided that any display, whether open or closed, is not less than 50 feet from side and rear lot lines and not nearer the exterior line of any way than the front yard depth required for a building in the district in which said salesroom or stand is located; except that temporary portable stands, not exceeding four feet in height and not exceeding 40 square feet in area may be placed nearer the exterior line of any way than the required front yard depth, required in said district, but in no case less than five feet from the exterior of said way. |
3) | Parking lot for passenger automobiles, salesroom for automobiles, automobile repair garage or automobile service station, provided that all heavy repairs (such as body and fender work, or welding) are conducted within a completely enclosed building. |
4) | The term "fur bearing animals" is not intended to apply to the keeping of cats and dogs. The raising of hogs, pigs or fur-bearing animals for commercial purposes on less than five acres shall be carried on at least 200 feet from any property line. |
5) | Only the following amusement uses are allowed by right: fitness clubs, dance studios, driving ranges, miniature golf, video arcade, performing arts/concert venue, biking and pedestrian facilities, pottery/painting studio, or other similar amusement uses. |
6) | All aboveground storage is limited to 10,000 gallons. |
7) | Restaurant or other place for the serving of food or beverage only to persons seated at tables or counter that does not offer drive-through service is allowed by right. |
8) | Only the following personal or consumer service establishments are allowed by right: barbershop or beauty shop, collection station for laundry or dry cleaning, laundry facilities, photographic studio, shoe or hat repair shop, shop for custom work by dressmaker, milliner or tailor, bicycle repair shop, blueprinting establishment, business or trade school, clothing rental establishment, television or household appliance repair shop, computer repair shop, copy shop, day spa, massage therapists, gym, fitness center, yoga and Pilates studio, acupuncture, aesthetician, chiropractic, and other similar personal services establishments. |
9) | Only the following retail businesses are allowed by right: book, stationery or news store, cigar store, drug store, delicatessen, dry goods or variety store, florist or gift shop, fruit or grocery store, hardware store, jewelry store, meat market, music store, wearing apparel store, art galleries, and other similar retail businesses. In addition, the following retail business establishments are allowed in the UCBD by special permit: liquor store, artist live/work spaces. |
10) | Provided that large-scale ground-mounted solar photovoltaic installations in the SRA, SRB, SRC, SRD, AR, GB, UCBD and MGF Districts are not otherwise exempted by General Laws. |
11) | Any apartment units that are part of a mixed-use facility shall not be subject to the regulations set forth in § 300-7.6, Accessory apartments. |
§ 300-3.2 Accessory uses and structures.
[Amended 11-12-2024 STM by Art. 24]
A.
Accessory uses in all districts. An "accessory use," within the meaning of this bylaw, is either a subordinate use of a building, other structure or tract of land, or subordinate building or other structure:
(1)
Whose use is customary in connection with the principal building, other structure or use of land; and
(2)
Whose use is clearly incidental to the use of the principal building, other structure or use of land; and
(3)
Which is located on the same lot with the principal building, other structure or use of land, or on a lot adjacent to such lot, if in the same ownership; and
(4)
Which does not constitute, if effect, a conversion of the principal use of the premises to one not permitted.
B.
Accessory use in residential districts. In Single Residential SRA, SRB, SRC and SRD Districts and Agricultural Residential Districts, the following uses are hereby specifically declared to be customarily accessory uses within the meaning of this bylaw:
(1)
Private garage for not more than three automobiles, one of which may be commercial vehicle if not exceeding 2 1/2 tons in gross weight.
(2)
Private greenhouse, stable, toolshed, playhouse, tennis court, boathouse, or other similar building or structure for domestic storage or use.
(3)
The keeping of animals, poultry, livestock (except swine) principally for personal enjoyment or household use.
(4)
Removal of sod, loam, sand, gravel or other earth products in connection with the construction of a building to be erected on the premises for which a permit has been issued, provided that the amount of such material removed does not exceed the amount contained, before construction, in the particular space to be occupied by the foundation of said building.
(5)
The use of a room or rooms in a dwelling or building accessory thereto by a person resident on the premises as an office, studio, or workroom for a home occupation, provided that:
(a)
Such use is clearly incidental and secondary to the use of the premises for dwelling purposes; and
(b)
Not more than one nonprofessional person other than residents of the premises is regularly employed thereon in connection with such use; and
(c)
No stock-in-trade is regularly maintained; and
(d)
No offensive noise, vibration, smoke, dust, odor, heat, or glare is produced; and
(e)
There is no exterior display and no exterior sign, except as hereinafter permitted; and
(f)
There is no exterior storage of material or equipment (including the exterior parking of commercial vehicles) and no other exterior indication of such use or variation from the residential character of the premises.
C.
Accessory uses in business districts. In a General Business District, permitted accessory uses include such industry or light manufacturing (including processing, assembly and repairs) as is usual in connection with a permitted principal use, provided that it does not occupy an area exceeding 50% of the total floor area occupied by the principal use, that the major portion of any products manufactured are to be sold at retail on the premises, and that not more than five persons are regularly employed in such accessory use.
§ 300-3.3 Nonconforming uses and structures.
A.
Applicability. This Zoning Bylaw shall not apply to structures or uses lawfully in existence or lawfully begun, or to a building or special permit issued before the first publication of notice of the public hearing required by MGL c. 40A, § 5, at which this Zoning Bylaw, or any relevant part thereof, was adopted. Such prior, lawfully existing nonconforming uses and structures may continue, provided that no modification of the use or structure is accomplished, unless authorized hereunder.
B.
Nonconforming uses. The Zoning Board of Appeals may issue a special permit to change a nonconforming use in accordance with this section only if it determines that such change or extension shall not be substantially more detrimental than the existing nonconforming use to the neighborhood. The Zoning Board of Appeals may consider a change or substantial extension of the use in determining whether to issue a special permit under this section.
C.
Nonconforming structures. The Zoning Board of Appeals may issue a special permit to reconstruct, extend, alter, or change a nonconforming structure in accordance with this section only if it determines that such reconstruction, extension, alteration, or change shall not be more detrimental than the existing nonconforming structure to the neighborhood. The Zoning Board of Appeals may consider a reconstruction, extension or structural change to a nonconforming structure in determining whether to issue a special permit under this section.
D.
Special permit required. Except as provided in Subsection E below, the reconstruction, extension or structural change of a nonconforming structure in such a manner as to increase an existing nonconformity, or create a new nonconformity, including the extension of an exterior wall at or along the same nonconforming distance within a required yard, shall require the issuance of a special permit from the Zoning Board of Appeals.
E.
Nonconforming single- and two-family residential structures.
(1)
Nonconforming single-family and two-family residential structures may be reconstructed, extended, altered, or structurally changed upon a determination by the Building Commissioner that such proposed reconstruction, extension, alteration, or change does not increase the nonconforming nature of said structure. The following circumstances shall not be deemed to increase the nonconforming nature of said structure:
(a)
Alteration to a structure located on a lot with insufficient area which complies with all current setback, yard, building coverage, and building height requirements.
(b)
Alteration to a structure located on a lot with insufficient frontage that complies with all current setback, yard, building coverage, and building height requirements.
(c)
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.
(2)
In the event that the Building Commissioner determines that the nonconforming nature of such structure would be increased by the proposed reconstruction, extension, alteration, or change, the Zoning Board of Appeals may, by special permit, allow such reconstruction, extension, alteration, or change where it determines that the proposed modification will not be more detrimental than the existing nonconforming structure to the neighborhood.
F.
Abandonment or nonuse. A nonconforming use or structure that has been abandoned, or not used for a period of two years, shall lose its protected status and be subject to all of the provisions of this Zoning Bylaw.
G.
Reconstruction after catastrophe or demolition. A nonconforming single-family or two-family structure may be reconstructed after a catastrophe or after demolition in accordance with the following provisions:
(1)
Reconstruction of said premises shall commence within two years after such catastrophe or demolition.
(2)
Building(s) as reconstructed shall be located on the same footprint as the original nonconforming structure, shall be only as great in volume or area as the original nonconforming structure, and shall meet all applicable requirements for yards, setback, and height.
(3)
In the event that the proposed reconstruction would cause the structure to exceed the volume or area of the original nonconforming structure or would exceed applicable requirements for yards, setback, and/or height or would cause the structure to be located other than on the original footprint, a special permit shall be required from the Zoning Board of Appeals prior to such demolition.
H.
Reversion to nonconformity. No nonconforming use or structure shall, if changed to a conforming use or structure, revert to a nonconforming use or structure.