Westborough City Zoning Code
ARTICLE 5
Use and Dimensional Regulations
§ 5.1 Use regulations.
A.
No lot or land shall be used and no building or structure shall be erected or used except as set forth in the Use Regulation Schedule, or as exempted by this bylaw or statute.
B.
Classification of use. Where an activity might be classified under more than one of the following uses, the more specific classification shall determine permissibility; if equally specific the more restrictive shall govern.
C.
Use Regulation Schedule. The Use Regulation Schedule is included as an attachment to this chapter.
§ 5.2 Nonconforming uses.
This Zoning Bylaw or any amendment thereto shall not apply to the use of any structure or land 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 on such bylaw required by MGL c. 40A, § 5, as amended, but shall apply to any change or substantial extension of such use, to a building or special permit issued after the first notice of said public hearing, to any reconstruction, extension or structural change of such structure and to any alteration of a structure begun after the first notice of said public hearing to provide for its use for a substantially different purpose or for the same purpose in a substantially different manner or to a substantially greater extent except where alteration, reconstruction, extension or structural change to a single- or two-family residential structure does not increase the nonconforming nature of said structure.
A.
Preexisting nonconforming uses or structures (extensions).
(1)
This section shall not apply to billboards, signs and other advertising devices subject to the provisions of MGL c. 93, §§ 29 through 33, inclusive, or MGL c. 93D.
(2)
The Zoning Board of Appeals, by special permit, may authorize lawfully preexisting, nonconforming uses or structures to be changed or altered, provided that such extension, alteration or enlargement meets all the following requirements:
B.
Building construction and special permits. Construction or operations under a building or special permit obtained in conformity with this Zoning Bylaw, or lawful amendments thereto, shall conform to any subsequent amendments of the Zoning Bylaw unless the use or construction is commenced within a period of not more than 12 months after the issuance of such permit and, in cases involving construction, unless such construction is continued through to completion as continuously and expeditiously as is reasonable.
C.
Nonconforming single- and two-family residential structures. Nonconforming single- 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 aggregate sum of the gross floor area of all additions to a structure since the date when the structure became nonconforming under the provisions of this subsection shall not be greater than 50% of the gross floor area of the dwelling unit or 1,000 square feet, whichever is smaller, unless a special permit is issued by the Zoning Board of Appeals under § 5.2A allowing a larger gross floor area. The following circumstances shall not be deemed to increase the nonconforming nature of said structure:
(1)
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.
(2)
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 requirements.
(3)
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.
(4)
Alteration to the side, front or rear 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 the current area and frontage requirements.
D.
Notwithstanding § 5.2C, 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 the proposed modification will not be substantially more detrimental than the existing nonconforming structure to the neighborhood.
E.
Preexisting nonconforming use. Any increase in the area or extent of the nonconforming use of a structure or land made by special permit from the SPGA is limited to a 50% increase in the nonconforming floor area or land area at the time the use became nonconforming.
F.
Abandonment. A nonconforming use which has been abandoned or discontinued for a period of two years shall not be reestablished and any future use shall conform with this bylaw, except in the case of land used for agriculture, horticulture or floriculture where such nonuse shall have existed for a period of five consecutive years.
G.
Restoration. Any nonconforming building or structure in existence at the time of adoption of this bylaw or any amendment thereto may be reconstructed on the old foundation area if destroyed by fire or other accidental or natural cause, provided such reconstruction takes place within a period of two years (six months in the case of nonconforming signs) from the date of catastrophe, or else such reconstruction must comply with this bylaw.
H.
Changes. Premises may be changed from one nonconforming use to another only on special permit from the SPGA. Such permit shall be granted only for uses whose externally observable attributes are no more damaging to or inharmonious with the environs than those of the use being replaced. See § 5.2A(2) for additional criteria for the granting of special permit hereunder.
§ 5.3 Dimensional regulations.
[Amended 3-22-2025 ATM by Art. 24]
All principal buildings hereafter erected in any district shall be located on a lot such that all of the requirements set forth in § 5.4 are conformed to except where specifically exempted by this bylaw or General Laws.
A.
Exemptions. Certain lots in subdivisions or in separate ownership are exempted from some of these requirements through MGL c. 40A, § 6, as amended. In addition, lots in nonresidential districts and/or to be built upon for nonresidential use shall enjoy the same exemption as if being built upon for residential use in a residential district.
B.
Changing nonconforming lot dimensions. No existing lot conforming with the Dimensional Schedule shall be changed in size or shape, except through a public taking, or changed in use, so as to result in violation of the requirements set forth below. No existing lot already nonconforming shall be changed except through a public taking so as to increase the existing degree of nonconformity. For lots which are currently owned by the Town, or are in an M-1 Zone, the Town shall be allowed to seek relief from the Zoning Board of Appeals for lot size, setbacks and parking requirements, and/or from any other applicable provisions of this bylaw, provided that the ZBA finds that the requested relief is consistent with the intent and purpose of this bylaw.
C.
Average of building setbacks. No building need provide a front yard depth greater than the average of the yards provided by existing buildings on abutting lots.
D.
Multiple uses. Not more than one principal use shall be allowed on a lot, except as allowed elsewhere in this bylaw.
§ 5.4 Dimensional Schedule.
[Amended 10-21-2024 STM by Art. 17; 3-22-2025 ATM by Art. 24]
A.
All building in residential and conservation districts (R, AA, C) and residential buildings in other districts, and senior housing in the senior living overlay, shall comply with the following dimensional regulations:
Dimension | Use Category | ||
|---|---|---|---|
Garden Apartment (AA) | Senior Living Overlay | All Other | |
Minimum lot area | 2 acres(a) | 5 acres | 50,000 square feet(h)(f)(l) |
Minimum lot frontage(d) | 140 feet | (n) | 200 feet(h) |
Minimum front yard(d) | 100 feet | 25 feet(n) | 50 feet(f) |
Minimum side yard | 50 feet | 25 feet (n)(o) | 15 feet(g)(l) |
Minimum rear yard | 50 feet | 25 feet (n)(o) | 30 feet(g)(l) |
Minimum building separation on same lot | 50 feet | — | — |
Maximum building height | 35 feet | 45 feet | 35 feet(l) |
Maximum building stories | 3 | 3 | 2 1/2(l) |
Maximum lot coverage | 30% | — | 30% |
Minimum open space per dwelling unit | 1,500 square feet | — | — |
Minimum habitable floor area per dwelling unit | 600 square feet | 600 square feet | 720 square feet(j)(l) |
Minimum lot width | — | — | as required(k)(l) |
Minimum open space | — | (n) | 40%(q) |
Maximum lots permitted on a common driveway(m) | — | 5 for independent living, no requirement otherwise, or Planning Board determines via special permit | 5 |
Number of affordable units | Refer to § 6.1 | Refer to § 6.1 | |
NOTES: | |
|---|---|
(a) | But not less than 2,500 square feet per dwelling unit, plus 500 square feet per bedroom. |
(b) | (Reserved) |
(c) | (Reserved) |
(d) | Corner and through lots shall observe frontage and front yard requirements for each portion of a lot that adjoins a public way. Footnote (d) shall not apply in the Senior Living Overlay. |
(e) | (Reserved) |
(f) | Increase to 75 feet abutting Turnpike Road. |
(g) | Reduce to five feet for one-story accessory structure not occupying more than 25% of either required or actual yard. |
(h) | For two-family dwelling 250 feet; 55,000 square feet area per lot. |
(i) | (Reserved) |
(j) | Shall not apply to single-family dwellings. |
(k) | Minimum width of lot — The required minimum lot frontage extending from the front lot line to the rear building line of the main building. |
(l) | For congregate housing, the minimum lot area is six acres; the minimum side and rear yards and lot width may be reduced or eliminated by special permit to allow the construction of congregate housing and a nursing home on contiguous parcels with minimal separation between buildings; the maximum building height is 38 feet; the maximum building stories is four; and the minimum habitable floor area per dwelling unit shall not apply. Separate buildings for congregate housing and a nursing home may be erected on the same lot. |
(m) | In all districts in the Town of Westborough, common driveways serving more than two detached single-family dwellings shall be required to receive a special permit from the Planning Board. In no case will a common driveway serve more than five detached single-family dwellings. In granting a special permit for a common driveway, the Planning Board shall require that the common driveway meet the standards defined in the Rules and Regulations Governing the Subdivision of Land in the Town of Westborough. |
(n) | For these yard requirements, in all residential districts, SLO shall be required to conform to § 5.4A of this bylaw. SLO uses in all nonresidential districts shall be required to conform to § 5.4B, except where abutting a residential district it shall conform to § 5.4A. |
(o) | Except 50 feet if adjacent to residentially zoned land. In the G2 District, a fifty-foot buffer strip shall be maintained where abutting a residential district, 40 feet of this to remain undisturbed, except for the planting of additional natural vegetative screening. |
(p) | (Reserved) |
(q) | Man-made retention and detention areas shall not be considered open space. |
B.
Nonresidential buildings in nonresidential districts (BA, BB, IA, IB, ID, IE, DPOD, MUD, G2, and M-1) (see § 5.4A for residential buildings).
Dimension | BA | BB | G2 | IA, IB | ID(j) | IE(j) | DPOD(g) | MUD(g) | M-1 |
|---|---|---|---|---|---|---|---|---|---|
Minimum lot area (square feet): | 15,000 | 10,000 | 15,000 | 15,000 | 15,000 | 15,000 | 10,000 | 10,000 | 5,000 |
Minimum lot frontage (feet)(a): | 125 | 100 | 125 | 125 | 125 | 125 | 100 | 100 | 50 |
Minimum front yard (feet)(a)(b)(c)(e): | 25 | 25 | 25 | 25 | 25 | 25 | 10 | 10 | 5 |
Minimum side yard (feet)(d): | 25 | 0 | 25 | 25 | 25 | 25 | 0 | 0 | 5 |
Minimum rear yard (feet)(d): | 25 | 0 | 25 | 25 | 25 | 25 | 0 | 0 | 5 |
Maximum building height (feet): | 60 | 35 | 45 | 60 | 95 | 85 | 60 | 60 | (k) |
Maximum building stories: | 4 | 2 1/2 | 2 1/2 | 4 | 6 | 5 | 4 | 4 | 1(k) |
Maximum lot coverage (%): | 40 | 100 | 40 | 40 | 60 | 50 | —(h) | —(h) | 0 |
Minimum distance between edge of curb cut and nearest side lot line or corner (feet): | 20 | — | 20 | — | — | — | —(h) | —(h) | — |
Minimum open space (%) | 60 | — | 60 | 60 | 40 | 50 | —(h) | —(h) | — |
Max. square foot floor area | — | — | (i) | — | — | — | — | —(h) | — |
NOTES: | ||
|---|---|---|
(a) | Corner and through lots shall observe frontage and front yard requirements for each portion of a lot that adjoins a public way. | |
(b) | Increase to 75 feet abutting Turnpike Road. | |
(c) | But not less than 50 feet measured from the street center line. | |
(d) | (1) Decrease to zero feet where abutting a railroad right-of-way. | |
(2) A 100-foot buffer strip shall be maintained where abutting a residential district; 75 feet of this to remain undisturbed, except for the planting of additional natural vegetative screening. | ||
(3) In the G2 District, a fifty-foot buffer strip shall be maintained where abutting a residential district, 40 feet of this to remain undisturbed, except for the planting of additional natural vegetative screening. | ||
(e) | No building need provide a yard greater than that existing on any abutting parcel. | |
(f) | (Reserved) | |
(g) | With special permit issued by the SPGA. | |
(h) | Determined by the sole discretion of the SPGA during special permit process. | |
(i) | Newly constructed professional offices shall be in a residential style structure and be limited to a maximum of 4,000 square feet gross floor area; newly constructed retail sales and services shall be limited to a maximum of 5,000 square feet gross floor area. | |
(j) | ||
(k) | The maximum number of stories shall be one for new municipal structures in the M-1 Zoning District, unless it abuts a non-residential zoning district and then the height and number of stories shall not exceed those allowed by the abutting zoning district. | |
C.
Nonresidential buildings in nonresidential districts (AE) (see § 5.4A for residential buildings). In the case of adult entertainment uses, all the dimensional requirements of § 6.6D(2) shall be met in addition to the applicable requirements of § 5.4B, BA Districts.