Westminster City Zoning Code
ARTICLE III
Zoning Districts
§ 205-5 Zoning districts designated.
The Town of Westminster is hereby divided into zoning districts designated as follows:
Residential Districts | ||
R-I | (50,000) [Amended STM 11-2-1978 by Art. 4] | |
R-II | (60,000) [Amended STM 10-12-1999 by Art. 14] | |
R-III | (86,000) | |
Commercial Districts | ||
C-I | (Highway) | |
C-II | (Neighborhood) | |
VC | (Village Center) [Amended 5-7-2016 by Art. 36] | |
Industrial Districts | ||
I-I | ||
I-II | [Added STM 10-10-1995 by Art. 17] | |
Floodplain and/or Wetland Protection Districts | ||
F | ||
Solid Waste Management District | ||
SWMD | [Added STM 11-28-2017 by Art. 10] | |
Multi-Family Overlay District | ||
MFOD | [Added 9-16-2025 STM by Art. 1] | |
§ 205-6 Zoning Map.
A.
Except for Floodplain Districts, the location and boundaries of these districts are hereby established as shown on a map entitled "Zoning Map of the Town of Westminster," dated March 27, 1974, bearing the signatures of the members of the Planning Board and on file in the office of the Town Clerk, which map, with all explanatory matter thereon is declared to be a part of this chapter.[1]
[1]
Editor’s Note: A copy of the Zoning Map is included as an attachment to this chapter. The Zoning Map, entitled “Westminster, MA: Zoning Map,” prepared by the Montachusett Regional Planning Commission, dated November 27, 2018, and replacing the existing Zoning Map, was adopted ATM 5-7-2022 by Art. 24.
B.
Any changes or amendments made at a Town meeting in accordance with the provisions of Article XIII of this chapter shall be indicated by the alteration of said map, and the map thus altered is declared to be a part of the bylaws; thus amended alterations shall be made to the map by the Planning Board and shall be signed and dated by said Board.
§ 205-7 Determination of district boundaries.
A.
Where a district boundary is indicated as within or parallel to a street, highway, railroad right-of-way, watercourse or Town municipal boundary such district boundary shall be construed as the center line or being parallel to the center line of such street, highway, railroad right-of-way, watercourse or Town municipal boundary. If a watercourse, the center line shall be defined as the center line of the natural channel.
B.
Whenever any uncertainty exists as to the exact location of a boundary line, the location of such line shall be determined from the scale of the map by the Building Inspector or enforcing officer of this chapter.
§ 205-8 Solid Waste Management District (SWMD). [1]
[Added STM 11-28-2017 by Art. 11]
A.
Purpose. The purpose of the SWMD is to provide a suitable location for solid waste management and recycling facility uses within the Town of Westminster that will protect the health and safety of the residents of the Town while allowing the Town to meet its solid waste management and recycling facility needs.
C.
Prohibited uses.
(1)
Solid waste management and recycling facility uses which are subject to Board of Health site assignment, and which are not in compliance with the terms and conditions of said site assignment.
(2)
Solid waste management and recycling facility uses which are subject to permitting by the Massachusetts Department of Environmental Protection, and which are not in compliance with the terms and conditions of said permits.
[1]
Editor's Note: Former § 205-8, Wetland Protection District, added STM 12-13-1982 by Art. 2, was repealed ATM 5-2-2006 by Art. 51.
§ 205-9 Floodplain District.
[Amended STM 12-13-1982 by Art. 2; 5-3-2025 ATM by Art. 18]
A.
Purpose. The purpose of the Floodplain Overlay District is to:
(1)
Ensure public safety through reducing the threats to life and personal injury.
(2)
Eliminate new hazards to emergency response officials.
(3)
Prevent the occurrence of public emergencies resulting from water quality, contamination, and pollution due to flooding.
(4)
Avoid the loss of utility services which if damaged by flooding would disrupt or shut down the utility network and impact regions of the community beyond the site of flooding.
(5)
Eliminate costs associated with the response and cleanup of flooding conditions.
(6)
Reduce damage to public and private property resulting from flooding waters.
B.
District delineation. The Floodplain District is herein established as an overlay district. The District includes all special flood hazard areas within Westminster designated as Zone A or AE on the Worcester County Flood Insurance Rate Map (FIRM) dated July 8, 2025, issued by the Federal Emergency Management Agency (FEMA) for the administration of the National Flood Insurance Program. The exact boundaries of the District shall be defined by the 1% chance base flood elevations shown on the FIRM and further defined by the Worcester County Flood Insurance Study (FIS) report (dated July 8, 2025). The FIRM and FIS report are incorporated herein by reference and are on file with the Town Clerk, Planning Board, Building Official and the Conservation Commission.
C.
Use regulations. The Floodplain District is established as an overlay district to all other districts. All development, including structural and nonstructural activities, whether permitted by right or by special permit, must be in compliance with MGL c. 131, § 40, and with the requirements of the Massachusetts State Building Code pertaining to construction in the floodplains (currently 780 CMR).
(1)
Permitted uses. The following uses of low flood-damage potential and causing no obstructions to flood flows shall be allowed, provided that they are permitted in the underlying district and they do not require structures, fill or storage of materials or equipment:
(a)
Agricultural uses such as farming, grazing, truck farming, horticulture, etc.
(b)
Forestry and nursery uses.
(c)
Outdoor recreational uses, including fishing, boating, play areas, etc.
(d)
Conservation of water, plants wildlife.
(e)
Wildlife management areas, foot, bicycle and/or horse paths.
(f)
Temporary (installed for less than 180 days) nonresidential structures used in connection with fishing, growing, harvesting storage or sale of crops raised on the premises.
D.
The Town of Westminster requires a special permit for all proposed construction or other development in the Floodplain Overlay District, including new construction or changes to existing buildings, placement of manufactured homes, placement of agricultural facilities, fences, sheds, storage facilities or drilling, mining, paving and any other development that might increase flooding or adversely impact flood risks to other properties. The Zoning Board of Appeals may issue a special permit hereunder (subject to other applicable provisions of this chapter) if the application is compliant with the following provisions:
(1)
The proposed use shall comply in all respects with the provisions of the underlying district, and must obtain all local, state and federal permits that will be necessary in order to carry out the proposed development and must demonstrate that all necessary permits have been acquired;
(2)
Within 10 days of receipt of the application, the Board shall transmit one copy of the development plan to the Conservation Commission, the Planning Board, Board of Health, Town Coordinator[1] and the Building Inspector. Final action shall not be taken until reports have been received from the above Boards or until 35 days have elapsed;
[1]
Editor’s Note: The Annual Town Meeting voted 5-1-2010 by Art 30 to authorize the Select Board to appoint a Town Administrator to replace the position of Town Coordinator.
(3)
In Zones A and AE, along watercourses that have not had a regulatory floodway designated, the best available federal, state, local, or other floodway data shall be used to prohibit encroachments in floodways which would result in any increase in flood levels within the community during the occurrence of the base flood discharge.
(4)
In Zone AE, along watercourses that have a regulatory floodway designated on the Town's FIRM encroachments are prohibited, including fill, new construction, substantial improvements, and other development within the adopted regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge The Board may specify such additional requirements and conditions it finds necessary to protect the health, safety and welfare of the public and the occupants of the proposed use.
E.
In A Zones, in the absence of FEMA BFE data and floodway data, the Building Department will obtain, review and reasonably utilize base flood elevation and floodway data available from a federal, state, or other source as criteria for requiring new construction, substantial improvements, or other development in Zone A and as the basis for elevating residential structures to or above base flood level, for floodproofing or elevating nonresidential structures to or above base flood level, and for prohibiting encroachments in floodways.
F.
Designation of Community Floodplain Administrator. The Town of Westminster hereby designates the position of Planning Director to be the official Floodplain Administrator for the Town.
G.
Subdivision proposals. All subdivision proposals and development proposals in the Floodplain Overlay District shall be reviewed to assure that:
H.
Base flood elevation data for subdivision proposals. When proposing subdivisions or other developments greater than 50 lots or five acres (whichever is less), the proponent must provide technical data to determine base flood elevations for each developable parcel shown on the design plans.
I.
Recreational vehicles. In A and AE Zones, all recreational vehicles to be placed on a site must be elevated and anchored in accordance with the zone's regulations for foundation and elevation requirements or be on the site for less than 180 consecutive days or be fully licensed and highway ready.
J.
Watercourse alterations or relocations in riverine areas. In a riverine situation, the Planning Director shall notify the following of any alteration or relocation of a watercourse:
K.
Requirement to submit new technical data. If the Town acquires data that changes the base flood elevation in the FEMA mapped special flood hazard areas, the Town will, within six months, notify FEMA of these changes by submitting the technical or scientific data that supports the change(s.) Notification shall be submitted to:
L.
Variances to building code floodplain standards.
(1)
The Town will request from the State Building Code Appeals Board a written and/or audible copy of the portion of the hearing related to the variance, and will maintain this record in the community's files.
(2)
The Town shall also issue a letter to the property owner regarding potential impacts to the annual premiums for the flood insurance policy covering that property, in writing over the signature of a community official that (i) the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage and (ii) such construction below the base flood level increases risks to life and property.
(3)
Such notification shall be maintained with the record of all variance actions for the referenced development in the Floodplain Overlay District.
M.
Variances to local zoning bylaws related to community compliance with the National Flood Insurance Program (NFIP). A variance from these floodplain bylaws must meet the requirements set out by state law, and may only be granted if: 1) good and sufficient cause and exceptional nonfinancial hardship exist; 2) the variance will not result in additional threats to public safety, extraordinary public expense, or fraud or victimization of the public; and 3) the variance is the minimum action necessary to afford relief.
N.
Abrogation and greater restriction section. The floodplain management regulations found in this Floodplain Overlay District section shall take precedence over any less restrictive conflicting local laws, ordinances or codes.
O.
Disclaimer of liability. The degree of flood protection required by this bylaw is considered reasonable but does not imply total flood protection.
P.
Severability section. If any section, provision or portion of this bylaw is deemed to be unconstitutional or invalid by a court, the remainder of the bylaw shall be effective.
Q. DEVELOPMENT FLOODWAY FUNCTIONALLY DEPENDENT USE HIGHEST ADJACENT GRADE HISTORIC STRUCTURE(1) (2) (3) (4) NEW CONSTRUCTION RECREATIONAL VEHICLE(1) (2) (3) (4) REGULATORY FLOODWAY SPECIAL FLOOD HAZARD AREA START OF CONSTRUCTION STRUCTURE SUBSTANTIAL REPAIR OF A FOUNDATION VARIANCE VIOLATION
Definitions.
Means any man-made change to improved or unimproved real estate, including but not limited to building or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. (US Code of Federal Regulations, Title 44, Part 59)
The channel of the river, creek or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. (Base Code, Chapter 2, Section 202)
Means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities. (US Code of Federal Regulations, Title 44, Part 59, also Referenced Standard ASCE 24-14)
Means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. (US Code of Federal Regulations, Title 44, Part 59).
Means any structure that is:
Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
Structures for which the start of construction commenced on or after the effective date of the first floodplain management code, regulation, ordinance, or standard adopted by the authority having jurisdiction, including any subsequent improvements to such structures. New construction includes work determined to be substantial improvement. (Referenced Standard ASCE 24-14).
Means a vehicle which is:
Built on a single chassis;
400 square feet or less when measured at the largest horizontal projection;
Designed to be self-propelled or permanently towable by a light-duty truck; and
Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. (US Code of Federal Regulations, Title 44, Part 59).
See "floodway."
The land area subject to flood hazards and shown on a Flood Insurance Rate Map or other flood hazard map as Zone A, AE, A1-30, A99, AR, AO, AH, V, VO, VE or V1-30. (Base Code, Chapter 2, Section 202).
The date of issuance for new construction and substantial improvements to existing structures, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement is within 180 days after the date of issuance. The actual start of construction means the first placement of permanent construction of a building (including a manufactured home) on a site, such as the pouring of a slab or footings, installation of pilings or construction of columns. Permanent construction does not include land preparation (such as clearing, excavation, grading or filling), the installation of streets or walkways, excavation for a basement, footings, piers or foundations, the erection of temporary forms or the installation of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main building. For a substantial improvement, the actual "start of construction" means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building. (Base Code, Chapter 2, Section 202)
Means, for floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally aboveground, as well as a manufactured home. (US Code of Federal Regulations, Title 44, Part 59)
When work to repair or replace a foundation results in the repair or replacement of a portion of the foundation with a perimeter along the base of the foundation that equals or exceeds 50% of the perimeter of the base of the foundation measured in linear feet, or repair or replacement of 50% of the piles, columns or piers of a pile, column or pier supported foundation, the building official shall determine it to be substantial repair of a foundation. Applications determined by the building official to constitute substantial repair of a foundation shall require all existing portions of the entire building or structure to meet the requirements of 780 CMR. (As amended by MA in 9th Edition BC)
Means a grant of relief by a community from the terms of a floodplain management regulation. (US Code of Federal Regulations, Title 44, Part 59)
Means the failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in § 60.3[2] is presumed to be in violation until such time as that documentation is provided. (US Code of Federal Regulations, Title 44, Part 59)
§ 205-9.1 Multi-Family Overlay District (MFOD).
[Added 9-16-2025 STM by Art. 1]
A.
Purpose. The purpose of the MFOD is to allow multi-family housing as of right in accordance with Section 3A of the Zoning Act (MGL Chapter 40A). This zoning allows for as of right multi-family housing to encourage the production of a variety of housing types in order to
B.
Establishment and applicability.
(2)
Applicability of MFOD. An applicant may develop Multi-Family Housing within the MFOD in accordance with the provisions of this section.
(3)
Underlying zoning. The MFOD is an overlay zoning district superimposed on the underlying zoning districts. The regulations for use, dimensions, and all other provisions of the Zoning Bylaw governing the underlying districts shall remain in effect. Uses that are not identified in this section are governed by the requirements of the underlying zoning district.
(4)
Acreage maximum. A maximum of 11 acres may be developed in the MFOD under the provisions of this § 205-9.1B(4). Property owners in the MFOD retain the right to develop their property in accordance with the underlying zoning. Acreage Maximum per parcel:
C. APPLICANT AS OF RIGHT BUFFER ZONE COMPLIANCE GUIDELINES DWELLING, SINGLE FAMILY EOHLC FAMILY MULTI-FAMILY HOUSING MULTI-FAMILY ZONING DISTRICT OPEN SPACE PARKING, STRUCTURED PARKING, SURFACE SECTION 3A
Definitions. For purposes of this § 205-9.1, the following definitions shall apply:
A person, business, or organization that applies for a Building Permit, Site Plan Review, or Special Permit.
Development that may proceed under the Zoning in place at time of application without the need for a special permit, variance, zoning amendment, waiver, or other discretionary zoning approval with a building permit.
A physical divider between two areas that is not developed and serves to minimize any unsolicited impacts using vegetation and space.
Compliance Guidelines for Multi-Family Zoning Districts Under Section 3A of the Zoning Act as further revised or amended from time to time.
A residential building containing one Dwelling Unit and no other uses.
The Massachusetts Executive Office of Housing and Livable Communities (formerly the Department of Housing and Community Development [DHCD]), or any successor agency.
Any number of individuals, including domestic employees, living together in a dwelling unit as a single, nonprofit housekeeping unit.
A building with three or more residential dwelling units or two or more buildings on the same lot with more than one residential dwelling unit in each building.
A zoning district, either a base district or an overlay district, in which multi-family housing is allowed as of right.
Undeveloped land, a naturally landscaped area, or a formal or manmade landscaped area that provides a connective link or a buffer between other resources.
A structure in which vehicle parking is accommodated on multiple stories; a vehicle parking area that is underneath all or part of any story of a structure; or a vehicle parking area that is not underneath a structure, but is entirely covered, and has a parking surface at least eight feet below grade. Structured Parking does not include surface parking or carports, including solar carports.
One or more parking spaces without a built structure above the space. A solar panel designed to be installed above a surface parking space does not count as a built structure for the purposes of this definition.
Section 3A of M.G.L. Chapter 40A, the MA Zoning Act.
D.
Housing allowed by right.
(1)
In addition to all other uses allowed by right in the underlying zoning districts, Multifamily Housing, which may include but is not limited to Apartments, is allowed as of right in the MFOD.
E.
Development standards. The following development standards apply to Multi-Family Housing in the MFOD.
(1)
The development will not cause unreasonable traffic congestion or unsafe conditions both within and outside of the development and will comply with Town standards for parking, access, road design and construction.
(2)
The development will provide for and maintain convenient and safe emergency vehicle access to all buildings and structures at all times.
(3)
The nature of the soils and subsoils shall be suited for the intended purposes. This determination shall focus upon, but shall not be limited to, the location, design and construction of roadways, buildings, septic systems and surface water drainage systems. Soil borings or test pits may be made to provide information on soil texture, color, percolation rates and depth to the groundwater table at its maximum elevation.
F.
Dimensional standards. The following dimensional standards apply to Multi-Family Housing in the MFOD.
(1)
Maximum Lot Coverage of 30% of gross upland land area shall apply to buildings and impervious surfaces.
(2)
Where the MFOD borders a Residential zoning district, Multi-Family Housing dwellings shall be set back from the zoning boundary by at least 25 feet. Where a Multi-Family Housing dwelling is located within 50 feet of the zoning boundary, it shall be screened with a landscaped or naturally preserved vegetated buffer which, in the opinion of the Planning Board, adequately preserves the visual character of the abutting residential properties.
(3)
Exceptions. The limitation on height of buildings shall not apply to roof-top mechanicals, and chimneys, ventilators, towers, silos, spires, or other ornamental features of buildings, which features are in no way used for living purposes and do not constitute more than 25% of the ground floor area of the building. Rooftop mechanicals shall be screened.
(4)
Exceptions: Renewable Energy Installations. The Planning Board may waive the height and setbacks in this § 205-9.1 to accommodate the installation of solar photovoltaic, solar thermal, living, and other eco-roofs, energy storage, and air-source heat pump equipment. Such installations shall not create a substantial detriment to abutters in terms of noise or shadow and must be appropriately integrated into the architecture of the building and the layout of the site. The installations shall not provide additional habitable space within the development.
(5)
Multi-Family Housing developed under this section shall comply with the following table:
Dimensional Standards for Multi-Family Housing | |||
|---|---|---|---|
Minimum frontage | 100 ft. | Building Height (Maximum) | 3 Stories (40 ft.) |
Minimum lot size | 20,000 sq ft. | Minimum Front Yard Setback | 25 ft |
Maximum lot coverage | 30% | Minimum Side Yard Setback | 15 ft |
Open space requirement (percentage) | 70% | Minimum Rear Yard Setback | 20 ft |
Maximum density[1] | 15 units/acre | ||
[1]
Maximum density by-right. See Section I.
G.
Parking. The following parking standards shall apply to Multi-Family Housing within the MFOD:
(1)
At least 1.5 parking spaces shall be provided for each dwelling unit.
(2)
No parking area shall contain more than one parking space per bedroom per unit. All parking areas shall be connected to the structures by walkways.
(3)
Buffer areas shall be retained in their natural vegetative state to the maximum extent feasible.
(4)
All buffer areas and open spaces shall have appropriate native vegetative screening and landscaping to meet development standards and design requirements.
(5)
Any road or driveway serving 12 or more dwelling units shall have at least 250 feet visibility in each travel direction and shall be separated from all other driveways or intersecting streets by at least 150 feet.
(6)
Interior roads and utilities shall provide service functionally equivalent to that assured individual lots under the Planning Board's Subdivision Rules and Regulations.
H.
Mandatory provision of workforce dwelling units. All Multi-Family Housing developments in the MFOD that contain 10 or more dwelling units shall include workforce dwelling units that comprise 10% of the total number of dwelling units constructed or developed in each such development.
(1)
Workforce dwelling units for purposes of this Section H shall be restricted to households with income at or below 80% of the Area Median Income, as adjusted for household size, as published by the United States Department of Housing and Urban Development for the Fitchburg-Leominster Metro FMR Area, and eligible for inclusion on the Subsidized Housing Inventory maintained by the Massachusetts Executive Office of Housing and Livable Communities.
(2)
Developments that are subject to this Section H shall comply with the following development standards and criteria:
(a)
No development project may be subdivided or phased to avoid the requirements of this Section H.
(b)
Workforce dwelling units shall be proportionately dispersed throughout the development with respect to location, unit type, quality and character, room size, and number and distribution of bedrooms, and in all respects shall be indistinguishable from the development's comparable market-rate dwelling units in external appearance.
(c)
Workforce dwelling units shall be equivalent to the development's market-rate dwelling units in terms of the design, quality of construction, workmanship, mechanical, plumbing, heating, and cooling systems, roofing, insulation, windows and energy efficiency, flooring, lighting and plumbing fixtures, appliances, interior finishes and features, and landscaping.
(d)
Workforce dwelling units shall be as conveniently located to any of the development's common amenities as are the development's market-rate dwelling units. The residents of affordable dwelling units shall have the same rights and privileges to the use of any such common amenities as do the residents of the development's market-rate dwelling units.
(e)
The dimensional requirements that are set forth in Section F of these bylaws shall apply both to the development's affordable dwelling units and its market-rate dwelling units.
(3)
The Planning Board or the designee thereof shall be responsible for administering this Section H and may promulgate such rules, regulations and guidelines that may include, without limitation, submission requirements and procedures, methods for establishing maximum affordable rental amount, and documentation necessary to qualify affordable dwelling units for listing under the Massachusetts Executive Office of Housing and Livable Communities 40B Subsidized Housing Inventory.
(4)
The selection of qualified renters shall be affected under a marketing plan that shall be reviewed and approved by the Planning Board or the designee thereof. Such a marketing plan may accommodate rental preference requirements for Town of Westminster residents and employees to the maximum extent permissible.
I.
J.
Severability. If any provision of this § 205-9.1 is determined to be invalid by a court of competent jurisdiction, the remainder hereof shall not be affected but shall remain in full force and effect. The invalidity of any provision of this section shall not affect the validity of the remainder of these bylaws.