Westborough City Zoning Code
ARTICLE 1
General Provisions and Definitions
§ 1.1 Purpose.
The purpose of this bylaw is to promote the health, safety, convenience, amenity and general welfare of the inhabitants of the Town of Westborough, through encouraging the most appropriate use of land, as authorized by MGL c. 40A; and, in particular, lessen congestion in the streets to conserve health, secure safety from fire, flood, panic and other dangers; to provide adequate light and air; to prevent overcrowding of land; to avoid undue concentration of population; to encourage housing for people of diverse income levels; to facilitate the adequate provision of transportation, water, water supply, drainage, sewerage, schools, parks, open space and other public requirements; to conserve the value of land and buildings, including the conservation of natural resources and the prevention of blight and pollution of the environment; and to preserve and increase amenities by the promulgation of regulations to fulfill said objectives. Said regulations may include but are not limited to restricting, prohibiting, permitting or regulating:
A.
Uses of land, including wetlands and lands deemed subject to seasonal or periodic flooding;
B.
Size, height, bulk, location and use of structures, including buildings and signs, except that billboards, signs and other advertising devices are also subject to the provisions of MGL c. 93, §§ 29 through 33, inclusive, , and to MGL c. 93D;
C.
Uses of bodies of water, including watercourses;
D.
Noxious uses;
E.
Areas and dimensions of land and bodies of water to be occupied or unoccupied by uses and structures, courts, yards and open spaces;
F.
Density of population and intensity of use;
G.
Accessory facilities and uses, such as vehicle parking and loading, landscaping and open space; and
H.
The development of the natural, scenic and aesthetic qualities of the community.
§ 1.2 Applicability.
Where the application of this bylaw imposes greater restrictions than those imposed by any other regulations, permits, restrictions, easements, covenants or agreements, the provisions of this bylaw shall control.
§ 1.3 Effective date.
The effective date of the adoption of this Zoning Bylaw or any amendments to it shall be the date on which such adoption or amendments were voted upon by Town Meeting. Upon its effective date, this bylaw shall supersede the Zoning Bylaw and all amendments to it previously in effect. Note: All bylaws and amendments to them still must be submitted to the Attorney General for approval and said approval must be made public pursuant to MGL c. 40, § 32.
§ 1.4 Amendments.
This bylaw may from time to time be changed by amendment, addition or repeal by the Town Meeting in the manner provided in MGL c. 40A, § 5, as amended, and MGL c. 40, § 32, as amended.
§ 1.5 Severability.
The invalidity of any section or provisions of this bylaw shall not invalidate any other section or provisions of this bylaw. Where there exists any conflict between the provisions of this Zoning Bylaw and MGL c. 40A, as amended, the provisions of MGL c. 40A shall control.
§ 1.6 Definitions.
In this bylaw, the following terms shall have the following meanings, unless a contrary meaning is required by the context or is specifically prescribed:
A use that constitutes only an incidental or insubstantial part of the total activity that takes place on a lot and is commonly associated with and integrally related to the principal use. Even though a use may be a principal use in another situation, it may be conducted as an accessory use in conjunction with another principal use.
The science, art and business of cultivating the soil, producing crops, and raising of livestock, useful to man. "Agricultural" shall not include any uses or activities associated with marijuana establishments or medical marijuana treatment and dispensing facilities or marijuana cultivation activities, such as the growing, sale, manufacturing, processing, refinement and consumption of marijuana, marijuana accessories, or marijuana products. Medical marijuana treatment and dispensing facilities and marijuana cultivation are defined elsewhere in this section.
Any area on a lot used for the landing and takeoff of aircraft or similar fixed-wing craft on a regular or intermittent basis.
Harboring and/or care of more than three dogs three months old or over, or of other domestic animals, irrespective of the purpose for which they are maintained.
Premises not over three stories high, accommodating three or more dwelling units, irrespective of ownership or tenure. Includes townhouses.
Premises over three stories high, accommodating three or more dwelling units, irrespective of ownership or tenure.
A geologic formation composed of sand and gravel that contains significant amounts of potentially recoverable potable water.
A habitable room in a residence for the purpose of sleeping and that contains a space for the use of a closet.
A building used for lodging seven or more persons, with or without meals, for compensation, with owner resident on premises.
Restaurants licensed under the relevant state and federal statutes to produce and sell beer and/or ale and/or distilled spirits at the location and whose primary business is the sale and preparation of food to be consumed on the premises. Beverages, including malt, hard ciders, wine or distilled spirits, produced on the premises may be sold to other establishments, but those sales shall not exceed 25% of the establishment's production capacity.
A facility, licensed under the relevant state and federal statutes, for the large-scale production of more than 15,000 barrels per year (a barrel being equivalent to 31 gallons) and packaging of malt, wine, hard cider beverages and/or distilled spirits for distribution, retail or wholesale, which may include a tap room where beverages produced on the premises may be sold and consumed.
Lot area not used for any commercial, business or industrial purposes nor covered by any structure or pavement. The buffer strip shall be kept stabilized with natural vegetative cover adequate to prevent soil erosion.
The vertical distance from the mean finished grade of the ground adjoining the building to the highest point of the roof or parapet for flat or shed roofs, to the deck line for mansard roofs and to the mean height between eaves and ridge for gable, hip, and gambrel roofs. Not included are spires, cupolas, TV antennas or other parts of structures which do not enclose potentially habitable floor space.
A building that is subordinate and customarily incidental to the principal building and is located on the same lot as the principal building.
A building which has as its primary purpose the furtherance of the functioning of the principal use and which is located on the same lot as the principal use.
The removal and/or cutting of trees, shrubs, bushes, or brush. Clearing shall also include grubbing. "Grubbing" shall mean the removal of stumps and/or roots from the soil.
The primary means of access and egress, which is not considered a local Town road or way of public access, serving more than two but not more than five detached single-family dwellings.
A structure providing living accommodations and communal facilities for elderly persons (over age 62), including those requiring limited medical attention, which is located on the same parcel or on a parcel of land contiguous to a parcel on which a nursing home is located and to which it is attached. Such a structure may contain retail stores, offices and service outlets, provided that such places of business exclusively service on-site residents, and there is no entrance (other than emergency) to any such place of business except from inside a building.
A senior housing development that is planned, designed and operated to provide a full range of accommodations for older persons, including independent living, congregate care and assisted living facilities, and which shall also include a nursing home or skilled housing/care facility. Residents of a CCRC have the ability to move from one level of housing/care to another as their needs change.
Any institution licensed as a nursing, convalescent or rest home or charitable home for the aged by the Department of Public Health pursuant to MGL c. 111, § 71.
A continuous parcel of land with legal definable boundaries, and having frontage on at least two streets or recorded ways open to public use.
The number of dwelling units, households or housing structures per unit of land (minimum lot area, as defined herein).
The accidental or intentional spilling, leaking, pumping, pouring, emitting, emptying or dumping of toxic or hazardous material upon or into any land or waters in the Town of Westborough. Discharge includes, without limitations, leakage of such materials from failed or discarded containers or storage systems, and disposal of such materials into any on-site sewage disposal system, dry well, catch basin or unapproved landfill. The term "discharge," as used and applied in this bylaw, does not include the following:
Proper disposal of any material in a sanitary or industrial landfill that has received and maintained all necessary legal approvals for that purpose;
Application of road salts in conformance with § 4.3 of this bylaw and the Snow and Ice Control Program of the Massachusetts Department of Transportation; and
Building or part of a building used exclusively as the living quarters for one or more families.
Building or portion of a building providing living quarters for a single family and up to six boarders.
Premises accommodating a single dwelling unit.
The moving within, removal from and/or addition to any lot or parcel of topsoil, borrow, rock, sod, loam, peat, humus, clay, sand, or gravel.
Any number of individuals living and cooking together on the premises as a single nonprofit housekeeping unit.
The ratio of the sum of the gross floor area of all buildings on a lot to the total site area of the lot.
The total interior floor area of a dwelling, excluding areas where ceiling height is less than five feet, areas with more than half of floor-to-ceiling height below average grade of the adjoining ground, and excluding community laundries or foyers, utility rooms, communicating corridors, porches or terraces.
The cultivation of flowering plants for sale or otherwise.
The sum, in square feet, of the horizontal areas of a building (or several buildings on the same lot) measured from the exterior face of the exterior walls, or from the center line of a party wall separating two buildings, including garages, basements, covered porches, and half stories. Floors where the headroom is greater than five feet, measured from the top of the floor joists of the top story to the bottom of the roof rafters, are included in the measurement of gross floor area. Gross floor area does not include "crawl spaces" as defined by current building code; "attics"; and "open decks." Where the text of this bylaw refers to the "floor area," the term means gross floor area unless the term "habitable floor area" is used.
All the water found beneath the surface of the ground.
A landing and takeoff place for a helicopter on a regular or intermittent basis.
A business or profession engaged in within a dwelling or its accessory building by a resident thereof as a use accessory thereto.
The science or art of cultivating plants, gardens.
A material or structure on, above, or below the ground that does not allow precipitation or surface water to penetrate directly into the soil.
A building or series of buildings containing independent dwelling units intended to provide housing for persons not requiring health or other services, and designed and occupied by individuals or families in which all members are 62 years of age or older (referred to as a "qualified occupant").
A continuous parcel of land with legally definable boundaries.
The horizontal area of the lot exclusive of any area in a street or recorded way open to public use.
At least 90% of the lot area as required for the zoning district as shown in § 5.4, Dimensional Schedule, and shall be land exclusive of wetland resource areas as currently defined in the Massachusetts Wetlands Protection Act, MGL c. 131, § 40, and regulations promulgated under 310 CMR 10.00.
Percentage of the lot area as required for the district as shown in § 5.4, Dimensional Schedule, covered by structures.
That portion of a lot fronting upon and having access to a street. Lot frontage shall be measured continuously along one street line between side lot lines. In the case of a corner lot, lot frontage shall be measured between one side lot line and the midpoint of the arc made by the corner radius.
A facility, licensed under the relevant state and federal statutes, for the production and packaging of malt, wine, hard cider beverages and/or distilled spirits for distribution, retail or wholesale, on or off the premises, with a capacity of not more than 15,000 barrels per year (a barrel being equivalent to 31 gallons), and which may include a tap room where beverages produced on the premises may be sold and consumed. May include other uses such as a restaurant, including outdoor dining, if otherwise permitted in the zoning district.
The removal or relocation of geological materials such as topsoil, sand, gravel, metallic ores or bedrock.
A movable or portable dwelling built on a chassis, designed for connection to utilities when in use, and designed without necessity of a permanent foundation for year-round living.
Premises devoted primarily to retail sale of fuels and lubricants and/or washing of motor vehicles, with any repair services or other sales or services of secondary importance.
Also considered a "craft brewery"; a facility, licensed under the relevant state and federal statutes, for the small-scale production of malt, wine, hard cider beverages and/or distilled spirits primarily for on-premises consumption and sale with limited distribution to retail or wholesale, with a capacity of not more than 6,000 barrels per year (a barrel being equivalent to 31 gallons), and which may include accessory preparation and sale of food for on-premises consumption.
Premises used for the propagation of trees, shrubs, vines, flowers, or other plants for transplanting, stock for grafting, or for cut flowers, pine needles, bark, or other organic materials.
That portion of the lot area as required for the district as shown in § 5.4, Dimensional Schedule, which is not covered by any structure and not used for drives, parking or storage. All open space shall be kept stabilized with natural vegetative cover. Biking, walking, recreational and multiuse trails which are created through an easement accepted by the Town or other entity approved by the Select Board for public purposes, any portion of which contains impervious surface, associated land or structures within the easement, shall be considered open space and not be considered lot coverage.
A structure constructed for the intended purpose of parking and/or the storing of vehicles.
Space adequate to park an automobile, not less than nine feet by 20 feet, plus means of access. Where spaces are not marked, each space shall be assumed to require 180 square feet.
The primary use to which the premises are devoted, and the main purpose for which the premises exist as defined in § 5.1C, Use Regulation Schedule.
Areas composed of permeable porous materials that allow infiltration and collection of precipitation or surface water and thereby transmit this water to aquifers.
Facilities as licensed by the Massachusetts Department of Public Health under 105 CMR 430.000.
An assisted living residence as defined by the Massachusetts Executive Office of Elder Affairs pursuant to MGL c. 19D and which provides assistance with activities of daily living, such as assistance with bathing, dressing, eating, toileting and medication reminders, and which provides room and board for three or more adult residents. Senior living facilities shall also include senior congregate housing that includes room and board, but without necessity for assistance with activities of daily living.
Wastewaters arising from ordinary domestic water use as from toilets, sinks and bathing facilities, etc., and containing such concentrations and types of pollutants as to be considered normal wastes.
Any device located on or off the premises, designed to inform or attract public attention promoting a use or uses.
The surface area within a single continuous perimeter enclosing all the display area of the sign, but not including structural members not bearing advertising matter unless internally or decoratively lighted. One side only of flat, back-to-back signs shall be counted. For a sign consisting of individual letters, designs, and/or symbols attached to or painted on a surface, building, wall or window, the area shall be considered to be that of the smallest quadrangle which encompasses all of the letters, designs and symbols.
A variable-message sign that changes its message by programmable electronic or mechanical processes, automatically or by remote control.
Any sign which is composed of an opaque material and is illuminated only by a static white light source that is located in front of and shines on the face of the sign to be viewed.
Any sign which does not comply with § 8.2 of the Zoning Bylaw.
Useless, unwanted or discarded solid material with insufficient liquid content to be free-flowing. This includes, but is not limited to, rubbish, garbage, scrap materials, junk, refuse, inert fill material and landscape refuse.
Special permit granting authority.
That portion of a building between the top of any floor and the top of the floor or roof next above, counting as a half story such portion if more than half its exterior wall area is below grade or if directly under a sloping roof in which more than half the exterior wall perimeter has less than three feet floor-rafters interior dimension, and excluding cellar or attic spaces used solely for utilities and storage.
A way providing legally sufficient frontage for subdivision of land under the requirements of MGL c. 41, § 81L.
Anything constructed or erected, the use of which requires fixed location on the ground, or attachment to something located on the ground, including swimming pools having capacity of 4,000 gallons or more and mobile homes, but not including walls, pavement or fences. The construction of walls and fences shall comply with the Massachusetts State Building Code.
Shall be synonymous with "garden apartment."
Any substance or mixture of physical, chemical, or infectious characteristics 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; and shall include without limitation synthetic organic chemicals, petroleum products, heavy metals, radioactive or infectious waste, acids and alkalis, and all substances defined as toxic or hazardous under MGL c. 21C and 21E and 310 CMR 30.00, and also include such products as solvents and thinners in quantities greater than normal household use.
Biking, walking, recreational and multiuse paths created through an easement accepted by the Town or other entity approved by the Select Board, for public purpose.
A required open space, unoccupied and unobstructed by any structure or portion of a structure, except the following:
Any offering for sale to the general public any and all items new or used, said sale taking place on premises by the resident thereof.
A yard extending between lot side lines across the front of a lot adjacent to each street the lot adjoins, measured from the street line, assumed to be 25 feet from the center of the traveled roadway where no such right-of-way line has been established or can be readily determined.
An open space on the same lot as the main building unoccupied except as herein permitted, extending the full width of the lot and situated between the rear line of the lot and the rear line of the main building projected to the side lines of the lot.
The portion of the yard situated between the building and the side line of the lot and extending from the front yard to the rear yard.
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Editor's Note: See 310 CMR 15.00.