Westborough City Zoning Code
ARTICLE 7
Accessory Uses and Structures
§ 7.1 Accessory dwelling units.
[Amended 3-22-2025 ATM by Art. 23]
A.
Purpose and intent. The intent of permitting accessory dwelling units is to:
(1)
Develop housing units in single-family neighborhoods that are appropriate for households at a variety of stages in their life cycles.
(2)
Protect stability, property values, and preserve the residential character of a neighborhood.
(3)
Add moderately priced rental units to the housing stock to meet the needs of smaller households and make housing units available to moderate income households who might otherwise have difficulty finding housing.
(4)
Legitimize prior accessory dwelling unit conversions and enable the Town to monitor conversions for code compliance.
B. ACCESSORY DWELLING UNIT (ADU)
Definition. As used in this section, an accessory dwelling unit shall have the meaning indicated:
A self-contained housing unit, inclusive of sleeping, cooking and sanitary facilities on the same lot as a principal dwelling, subject to otherwise applicable dimensional and parking requirements, that: i) maintains a separate entrance, either directly from the outside or through an entry hall or corridor shared with the principal dwelling sufficient to meet the requirements of the state building code for safe egress; ii) is not larger in gross floor area than 1/2 the gross floor area of the principal dwelling or 1,000 square feet, whichever is smaller; and iii) is subject to such additional restrictions as may be imposed by a municipality, including, but not limited to, additional size restrictions and restrictions or prohibitions on short-term rental, as defined in of MGL c. 64G, § 1. An ADU shall not be considered an accessory building as defined in § 1.6 or an accessory structure as described in footnote (g) of § 5.4 of the Zoning Bylaw.
C.
Requirements. The Building Commissioner may issue a building permit authorizing the construction and use of an accessory dwelling unit within a lawful existing or new principal dwelling to which the ADU is accessory, or in a new or existing detached building accessory to and on the same lot as the principal dwelling subject to the following:
(1)
An ADU that conforms to the requirements contained herein shall be permitted by right as an accessory use on any lot within a zoning district where single-family residential uses are allowed.
(2)
The ADU may be a detached dwelling on the same lot or part of the same structure as the primary dwelling unit.
(3)
Except as may be allowed by the issuance of a special permit, an ADU shall not be larger in gross floor area than 1/2 the gross floor area of the principal dwelling or 1,000 square feet, whichever is smaller.
(4)
No more than one accessory dwelling unit shall be provided on a single lot.
(5)
An accessory dwelling unit shall not be used as a short-term rental as defined in MGL c. 64G, § 1.
(6)
The construction of any accessory dwelling unit must be in conformity with the federal, state, and local laws and regulations.
(7)
An accessory dwelling unit must remain an accessory use to the principal dwelling with which such accessory dwelling unit is associated.
D.
Dimensional and parking requirements.
(2)
In addition to the minimum parking required for the principal dwelling, one additional off-street parking space shall be available for use by the occupant(s). If the ADU is located within 0.5 mile of the MBTA Commuter Rail Station, off-street parking spaces shall not be required.
E.
Accessory dwelling unit by special permit. An ADU not conforming to the provisions of § 7.1C may be permitted upon issuance of a special permit by the Zoning Board of Appeals subject to the following provisions:
§ 7.2 Mobile homes and campers.
A.
As provided in the Use Regulation Schedule,[1] a mobile home as a residential use is prohibited in all districts. However, a mobile home or camper may be temporarily occupied:
(1)
By nonpaying guests of the owner of the premises for a period not to exceed two weeks in any calendar year; or
(2)
As a temporary office incidental to construction or development of the premises on which it is located, upon issuance of a permit by the Select Board, for a period of one year, renewable once.
[1]
Editor's Note: The Use Regulations Schedule is included as an attachment to this chapter.
B.
Campers may be regularly stored within a structure, and a single camper may be regularly stored in the open accessory to a permitted use in any district, provided that it is not within a required front yard or within 10 feet of a side or rear lot line, except when loading or unloading.
§ 7.3 Home occupations.
Home occupations are permitted only if conforming to the following conditions:
A.
Floor area used for the home occupation shall not exceed 25% of the floor area of the dwelling or 30% of the combined floor area of the dwelling, plus any accessory structures used in the home occupation.
B.
Not more than one person not a member of the household shall be employed on the premises in the home occupation.
C.
There shall be no exterior display, no exterior storage of materials and no other exterior indication of the home occupation or other variation from the residential character of the principal building other than a sign as provided in § 8.2E(1)(d).
D.
No offensive noise, vibration, smoke, dust, odors, heat or glare shall be produced.
E.
Traffic generated shall not exceed volumes normally expected in a residential neighborhood.
F.
Parking generated shall be accommodated off-street, but not more than two spaces shall be in a required front yard.
G.
Should any home occupation create any variation from the normal activity within the neighborhood, the hours of operation shall be limited to 8:00 a.m. to 9:00 p.m., with Sundays to be days of no operation.
§ 7.4 Yard and garage sales.
One-day yard or garage sales are permitted only upon written permit from the Select Board. Should any premises be used more frequently than two days in one year for the purpose of a yard or garage sale, the sale shall be considered a home occupation and be governed by the regulation set forth in this bylaw under § 7.3.
§ 7.5 Unregistered vehicles.
No person shall permit more than one unregistered motor vehicle or trailer or major parts thereof, except for farm vehicles, to remain ungaraged on his premises at any time unless under a Class 1 or Class 2 license for sale of motor vehicles (MGL c. 140, §§ 57 through 69), or unless given written authorization by the Select Board following an investigation and report thereon by the Board of Health. Authorization shall be granted only if no hazard to health or safety is involved, and no unsightly condition visible from adjacent property or public ways is created.
§ 7.6 Height limits of structures.
A.
Structures, nonresidential areas. Except where otherwise provided in this Zoning Bylaw, in nonresidential areas, no structures (including but not limited to power generation or communication devices) shall be permitted with a height in excess of 75 feet, nor shall any such structure be permitted as part of another structure or building with an aggregate height in excess of 75 feet. Structure height is as measured from the ground adjacent to the structure to the highest point of the structure, including any moving parts or whip antennas.
B.
Structures, residential areas. Except where otherwise provided in this Zoning Bylaw, in residential areas, no structures (including but not limited to power generation or communication devices) shall be permitted with a height in excess of 35 feet, nor shall any such structure be part of a residential structure with an aggregate height in excess of 50 feet. Holders of valid FCC licenses for two-way communications of a noncommercial nature shall be permitted structures or aggregate height of a residence, plus antenna not to exceed 60 feet. "Structure height" is as defined in § 7.6A. In the event of conflict with applicable rules of the FCC, the FCC rules shall apply.