Whately City Zoning Code
ARTICLE III
Use Regulations
§ 171-6 Existing uses not affected.
This chapter shall not apply to existing buildings or structures nor to the existing use of any buildings, structures or land to the extent to which it was legally used at the effective date of this chapter. However, this chapter shall apply to any change in use or any reconstruction, extension or structural change to a building or structure in accordance with the Zoning Act, MGL c. 40A, § 6, as amended.
§ 171-7 Compliance required; limit on principal structures per lot.
No building, structure or land shall be erected or used except as permitted in this section and all other sections of this chapter. No more than one principal structure may be erected on a lot unless otherwise specified in this chapter.
§ 171-8 Table of Use Regulations.
A.
The Table of Use Regulations is hereby adopted as part of this Zoning Bylaw.[1]
[1]
Editor's Note: Former Subsection B of this section, regarding uses not listed, was repealed 2-5-1991 STM by Art. 2.
B.
All uses allowed by right or special permit, other than single-family residences, uses and accessory structures, shall require site plan review in accordance with § 171-17 of this chapter.
C.
Uses allowed in the Planned Industrial District shall be as specified in the Planned Industrial District regulations, § 171-29 of this chapter. (Please note that there are currently no areas in Whately which are zoned for Planned Industrial District.)
[Added 2-5-1991 STM by Art. 2; amended 5-7-1991 ATM by Art. 24; 4-27-2010 ATM by Art. 11; 10-27-2011 by Art. 1; 4-29-2014 ATM by Arts. 29A and 29B; 8-30-2017 STM by Art. 9; 4-24-2018 ATM by Arts. 42 and 44; 4-30-2019 ATM by Arts. 34 and 36; 5-24-2022 ATM by Art. 25; 6-18-2024 ATM by Art. 28; 11-12-2024 STM by Art. 10]
Table of Use Regulations |
|---|
The following code shall apply: |
Y = Yes, the use is permitted by right in that zoning district. |
N = No, the use is not permitted in that zoning district. |
SP = The use is allowed in that zoning district only after a special permit has been granted. |
*= Site plan review required (see § 171-17 for other uses requiring site plan review) |
Principal Use | Agricultural/Residential 1 | Agricultural/Residential 2 | Commercial | Commercial-Industrial | Industrial |
|---|---|---|---|---|---|
Residential Use | |||||
Single-family detached dwellings | Y | Y | Y | N | N |
2-family detached dwellings (see § 171-20) | SP | SP | SP | N | N |
Multifamily dwelling units (apartments, townhouses and condominiums, if in compliance with § 171-20) | SP | SP | SP | N | N |
Converted single-family dwellings (see § 171-21) | SP | SP | SP | N | N |
Congregate elderly housing facilities (see § 171-23) | SP | SP | SP | N | N |
Open space/cluster residential subdivision developments (see § 171-26) | Y* | Y* | Y* | N | N |
Flexible residential development (see § 171-25) | Y* | Y* | Y* | N | N |
Accessory apartment (see definitions) | SP | SP | SP | N | N |
Community housing (see § 171-23.1) | SP* | SP* | SP* | N | N |
Agricultural Uses | |||||
Consistent with the provisions of MGL c. 40A, § 3, farm, orchard, nursery, market garden, forestry, sugarhouse, greenhouse or other use of land for agricultural, horticultural, floricultural, aquacultural, silvicultural, or viticultural production; the use may include retail sale of agricultural products, consistent with the provisions of MGL c. 40A, § 3, and the retail space is less than 300 square feet | Y | Y | Y | Y | Y |
Farm stand A with at least 300 square feet of retail space (see definition) | Y* | Y* | Y* | Y* | Y* |
Farm stand B (see definition) | SP* | SP* | Y* | Y* | Y* |
Year-round commercial greenhouses, salesrooms or stands for wholesale or retail sale of floricultural or nursery products on 5 acres or more with retail space of less than 300 square feet | Y | Y | Y | Y | Y |
Year-round commercial greenhouses, salesrooms or stands for wholesale or retail sale of floricultural or nursery products on 5 acres or more with retail space of more than 300 square feet | Y* | Y* | Y* | Y* | Y* |
Except for commercial piggeries or poultry, the raising or keeping of commercial or noncommercial domestic animals | Y | Y | Y | Y | Y |
Year-round commercial greenhouses, salesrooms or stands for wholesale or retail sale of horticultural products, commercial poultry or piggeries on lots of less than 5 acres | SP* | SP* | SP* | SP* | SP* |
Reservations, wildlife preserves or other conservation areas | Y | Y | Y | Y | Y |
Outdoor marijuana cultivator | N | SP | N | N | N |
Indoor marijuana cultivator | N | SP | SP | SP | SP |
Indoor marijuana cultivator in agricultural buildings and greenhouses in existence on April 24, 2018 | SP | SP | SP | SP | SP |
Accessory Uses | |||||
Tourist homes/bed-and-breakfast establishments (see § 171-22) | SP | SP | SP | SP | SP |
Home occupations (see § 171-11) | Y | Y | Y | Y | Y |
Amateur radio towers or antennas (see § 171-31) | SP | SP | SP | SP | SP |
Community Facilities | |||||
Churches or other religious organizations | Y | Y | Y | Y | Y |
Hospitals/nursing homes | SP | SP | SP | SP | SP |
Educational uses exempted from zoning regulation under the Zoning Act, MGL c. 40A, § 3 | Y | Y | Y | Y | Y |
Other educational uses | SP | SP | SP | SP | SP |
Municipal or nonprofit cemeteries | SP | SP | SP | SP | SP |
Membership lodges or clubs (nonprofit) | SP | SP | Y | SP | SP |
Public utility service stations or facilities, radio or television stations or transmitting facilities, railroad or bus depots or other public utility or communications uses | SP | SP | SP | SP | SP |
Municipal administration, fire, police or library buildings | SP | SP | SP | SP | SP |
Other municipal or governmental uses | SP | SP | SP | SP | SP |
Public parks, playgrounds or other public recreational facilities | Y | Y | Y | Y | Y |
Commercial Uses | |||||
Eat-in restaurants, bars or lounges for serving food or drinks inside the building | SP | N | SP | SP | SP |
Takeout or drive-in food services | N | N | SP | SP | SP |
Professional and business offices, including but not limited to medical, legal, banking, insurance and real estate, unless qualifying as a home occupation (see § 171-11) | N | N | Y | Y | SP |
Retail establishments or developments where all sales, display and storage of merchandise is within the building, with a floor area of 10,000 square feet or less | N | N | SP | SP | SP |
Retail establishments or developments where all sales, display and storage of merchandise is within the building, with a floor area greater than 10,000 square feet | N | N | N | N | N |
Personal and consumer service establishments | N | N | Y | SP | SP |
Dry-cleaning establishments or laundromats | N | N | N | N | N |
Car washes | N | N | N | N | N |
Gas stations, sales of motor vehicle fuel or storage and sale of other fuels | N | N | N | N | N |
Automotive repair and servicing shops | N | N | SP | SP | SP |
Automobiles, vehicles, boats or equipment sales/service | N | N | SP | SP | SP |
Veterinary hospital where all animals are kept inside a permanent building | SP | SP | SP | SP | SP |
Service and repair shops for appliances, small equipment, office and household items and other similar products, unless qualifying as a home occupation (see § 171-11) | N | N | Y | Y | SP |
Business service and supply service establishments (i.e., automobile parts, office equipment, maintenance service), contractors, tradesperson shops or craft workshops conducted entirely within a building, unless qualifying as a home occupation (see § 171-11) | N | N | Y | Y | SP |
Indoor commercial recreation, including but not limited to bowling alleys and theaters | N | N | SP | SP | SP |
Craft workshops involving the use of hazardous materials, where all work is to be conducted within a building | N | N | SP | SP | SP |
Newspaper or job-printing establishments | N | N | Y | Y | Y |
Outdoor commercial recreation, including but not limited to camping areas and golf courses | SP | SP | SP | SP | SP |
Open storage of feed, raw materials, finished goods, lumber or building supplies for commercial sale | N | N | SP | SP | SP |
Adult entertainment | N | N | N | N | N |
Earth removal | SP | SP | SP | SP | SP |
Marijuana retailer or off-site medical marijuana dispensary (OMMD) | N | N | SP | SP | SP |
Marijuana courier | N | N | SP | SP | SP |
Marijuana delivery | N | N | SP | SP | SP |
Farmer brewery tasting room | N | SP | SP | SP | SP |
Farmer brewery tasting room with pouring permit | N | SP | SP | SP | SP |
Conversion of an historic (50 years old or older), municipal, religious or commercial structure on one lot to one or more of the following uses: retail stores (no greater than 2,000 square feet of floor space) except those primarily selling alcoholic beverages, marijuana products, firearms, or vape products; business or professional offices; eat-in restaurants; artisan studios; or residential uses within the existing building footprint (see § 171-21.1) | SP | N | SP | SP | N |
Lodging houses or boardinghouses (not part of a residential dwelling) | SP | N | SP | SP | N |
Light Industrial Uses | |||||
Warehouses, wholesale trade and distribution, bulk storage or the storage of materials, merchandise, products or equipment, provided that the use is within an enclosed building and is not hazardous | N | N | SP | SP | Y |
Printing, publishing or data processing | N | N | SP | SP | Y |
Enclosed assembly, bottling, packaging or finishing plants of nonhazardous materials | N | N | SP | SP | Y |
Research and development facilities not involving hazardous materials | N | N | N | N | SP |
Other light industrial uses not involving the use of hazardous materials as a principal activity, provided that the use will not be offensive, injurious, noxious or hazardous | N | N | SP | SP | SP |
Any industrial or commercial uses which involve the discharge of process wastewater to the ground, except wastewater from personal hygiene and food | N | N | N | N | N |
Automobile salvage or junkyards | N | N | N | N | N |
Permanent sawmills | SP | SP | SP | SP | SP |
Temporary sawmills | SP | SP | Y | Y | Y |
Ground-mounted solar power generating facilities greater than 10 kW AC1 up to 500 kW AC that occupy no more than 2 acres and meet the requirements of § 171-33 | N | Y* | Y* | Y* | Y* |
Ground-mounted solar power generating facilities greater than 500 kW AC or occupying more than 2 acres that meet the requirements of § 171-33 | N | SP* | SP* | SP* | SP* |
Water-powered or wind-powered generators, up to 80 megawatts | SP | SP | SP | SP | SP |
Other power plants | N | N | N | N | N |
Independent marijuana testing laboratory | N | N | N | SP | SP |
Marijuana manufacturer or registered marijuana dispensary (RMD) | N | N | N | SP | SP |
Farmer brewery | N | SP | SP | SP | SP |
Nonresidential uses | |||||
Nonresidential uses which manufacture, process, store or dispose of hazardous wastes, except for agricultural uses, in amounts exceeding the minimum threshold amount requiring compliance with Department of Environmental Protection hazardous waste regulation 310 CMR 30 | N | N | N | SP | SP |
Nonresidential uses, except for agricultural uses, which involve hazardous materials, including but not limited to trucking or busing terminals; golf courses; slaughterhouses; or wood preserving, furniture stripping and refinishing operations | N | N | N | SP | SP |
Solid waste landfills, dumps and salvage yards | N | N | N | N | N |
Outdoor storage of pesticides | N | N | N | N | N |
The commercial dumping of snow contaminated by salt or deicing chemicals | N | N | N | N | N |
Stump dump | SP | SP | SP | SP | SP |
Other principal uses where the physical appearance, operation, parking requirements, and traffic impacts closely resemble a use permitted by right or special permit and which shall not have a detrimental impact on adjacent or nearby uses | SP | SP | SP | SP | SP |
1 | Ground-mounted solar power generating facilities of 10kW AC or less which are an accessory use to a residential or nonresidential use are allowed "by right." Roof-mounted solar power generating facilities are allowed "by right." |
§ 171-9 Dimensional requirements.
A.
General. Any building or structure hereafter erected on a lot or any change in a lot size or shape in any district shall not have less than the minimum requirements set forth in the Table of Dimensional Requirements.
B.
Lots of lesser dimensions. Any increase in lot area, frontage, width, yard or coverage requirements of this section shall not apply to a lot or parcel for single- or two-family use not meeting these requirements, provided that, at the time that such increased requirements become effective, the lot or parcel meets the requirements of the Zoning Act, MGL c. 40A, § 6.
C.
Height regulations. No building or structure shall exceed a maximum height of 35 feet, measured from the highest point of the roof to the average finished ground grade on the premises. Measurements shall not include antennas, chimneys or any other permitted accessory which is not intended for human habitation. Height restrictions do not apply to agricultural uses, municipal buildings and churches.
§ 171-10 Table of Dimensional Requirements.
A.
The Table of Dimensional Requirements shall be as follows:
[Amended 2-5-1991 STM by Art. 3; 4-27-2010 ATM by Art. 11; 6-18-2024 ATM by Art. 29]
Minimum Lot Area (square feet) | Minimum Frontage (feet) | Front Yard (feet) | Rear/Side Yard* (feet) | Maximum Lot Coverage | |
|---|---|---|---|---|---|
Agricultural/Residential District 1 | |||||
Lots with public water | 40,000 | 175 | 50 | 20 | 30% |
Lots without public water | 60,000 | 200 | 50 | 20 | 30% |
Agricultural/Residential District 2 | |||||
Lots with public water | 80,000** | 200*** | 50 | 20 | 30% |
Lots without public water | 120,000** | 300*** | 50 | 20 | 30% |
Commercial and Industrial Districts | |||||
Commercial and industrial uses | 60,000 | 200 | 50 | 20 | 50% |
Noncommercial/ nonindustrial uses | |||||
Lots with public water | 40,000 | 175 | 50 | 20 | 30% |
Lots without public water | 60,000 | 200 | 50 | 20 | 30% |
Planned Industrial District (see § 171-29) | |||||
* | Fifty-foot side and/or rear yards in new residential subdivisions adjacent to or nearby to farmland may be required to provide a buffer between the residential lot lines and farmland to minimize conflicts between residential and farming activities. |
** | Where a lot has lot frontage in Agricultural/Residential 1, the area within Agricultural/Residential 1 may be counted toward the minimum lot area. |
*** | Where the lot frontage is in Agricultural/Residential 1, the minimum requirements of that zoning district apply. |
B.
Explanations.
(1)
The required minimum frontage shall be measured continuously along one street line between side lot lines or, in the case of corner lots, between one side lot line and the midpoint of the corner radius.
(2)
Front yard requirements shall be 50 feet or the same setback as adjacent lots if less than 50 feet, and shall be measured from the right-of-way line where a plan of the street is on file with the Registry of Deeds or the County Commissioners. In the absence of such a plan, frontage shall be measured from a line 25 feet from and parallel to the center line of such street.
(3)
Multifamily structures shall require an additional 20,000 square feet of lot area and an additional 75 feet of frontage for each additional unit in excess of one.
(4)
Motels, hotels and commercial lodging houses and boardinghouses shall require a minimum lot size of three acres for the first three units and an additional 10,000 square feet of lot area for each additional unit in excess of three. All motels, hotels and commercial lodging houses or boardinghouses shall be connected to the public water supply system.
(5)
"Lot coverage" is defined as follows:
[Added 4-25-1989 ATM by Art. 20]
(a)
Sidewalks, roadways, parking areas, driveways or other similar use, all whether paved or unpaved;
(b)
Buildings, whether principal or accessory;
(c)
Structures; or
(d)
Any other areas of a lot rendered impermeable.
§ 171-11 Accessory uses.
Any use which is customarily accessory and incidental to a permitted use shall be allowed only in conjunction with a permitted use, provided that the accessory use is on the same lot or an adjacent lot in the same ownership. Any use which is accessory to a use allowed by special permit only shall also require a special permit. The following uses shall also be considered accessory uses:
A.
Home occupations. A business or profession is allowed as an accessory use of a dwelling, provided that:
(1)
Such use is clearly secondary to the residential use and the home occupation shall be carried on within the principal building or an accessory building. No more than 50% of the gross floor area of the residence and all accessory buildings shall be used for the purposes of the home occupation.
(2)
The home occupation shall be carried on by a resident of the principal dwelling and not more than two nonresidents shall be regularly employed on the premises.
(3)
No external change is made which alters the residential appearance of the building on the lot.
(4)
Except for a permitted sign of not more than two square feet, 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 premises.
(5)
Traffic shall not exceed volumes normally expected in a residential neighborhood. For purposes of this bylaw, this shall be defined as 15 trips per day per dwelling unit, which is approximately 150% of the average weekday trip rate for single-family homes from the Institute of Transportation Engineers Trip Generation Manual.
[Amended 11-12-2024 STM by Art. 10]
(6)
Adequate off-street parking shall be provided. Parking areas shall not be within 20 feet of a street line or within any required side or rear yard and shall be adequately screened from neighboring residential uses. Parking areas shall not have more than four spaces per dwelling unit.
(7)
The home occupation shall comply with the environmental performance standards listed in § 171-15.
(8)
Automotive repair shops operating out of a residential dwelling and which otherwise meet the criteria for a home occupation shall require a special permit from the Zoning Board of Appeals.
(9)
No retail sales shall be allowed except for products produced on the premises, provided that all other requirements of § 171-11A(1) through (7) can be met and a special permit is granted by the Zoning Board of Appeals.
B.
Noncommercial animals. The raising or keeping of livestock, poultry or other farm animals used for noncommercial or agricultural purposes by the residents of the premises may be allowed as an accessory use.
C.
Accessory scientific uses. Accessory uses necessary to scientific research, development or related production, whether or not located on the same parcel as a permitted use, shall be allowed by special permit by the Zoning Board of Appeals, provided that the Board finds that the proposed accessory use does not substantially derogate from the public good.
D.
Accessory buildings. No accessory building or structure shall be located within the required front yard area. No accessory buildings shall be located in any side yard area nearer to the side lot line than 20 feet or any rear yard area nearer to the rear lot line than 20 feet or nearer to another principal or accessory building than 15 feet.
E.
Access to a lot via side or rear lot lines and common driveways. Vehicular access to and from a lot shall be across the front lot line, except that the Planning Board may issue a special permit allowing vehicular access to a lot over any side or rear lot line. The Planning Board may also issue a special permit for a common driveway serving more than one lot if the following minimum requirements are met:
(1)
A recorded easement providing permanent access for all properties served by the driveway shall be provided.
(2)
The special permit shall state that the driveway is not a private road or a public road, that it does not meet the standards for a Town road and that if the driveway is ever petitioned to be accepted and maintained as a public way by the Town, it must first be upgraded to the road standards required in Chapter 234, Subdivision of Land, of the Code of the Town of Whately, at the petitioner's expense.
(3)
Common driveways requirements.
(a)
The grade, length and location of common driveways shall be constructed and maintained to provide:
[1]
Adequate access and turnaround for vehicles, including sanitary and emergency vehicles, year-round.
[2]
A width of at least 15 feet, with drainage and culverts where necessary.
[3]
A maximum grade of 12%.
(b)
Common driveways longer than 1,000 feet are discouraged, especially if serving more than two lots, and the Planning Board may require passing turnouts depending on the length and design of the proposed driveway.
(c)
Approval shall be required from the Highway and Fire Departments.
(d)
No parking areas or structures shall be allowed in the shared portion of the common driveway.
(4)
No more than four lots may be served by one common driveway.
(5)
Ownership and maintenance of a common driveway shall be assured through a covenant, homeowners' association, other land agreement or a comparable arrangement satisfactory to the Planning Board in which each lot owner served by the common driveway is responsible for a share of the maintenance expenses. Such agreements shall be submitted with the special permit application.
(6)
No common driveway shall be extended to serve additional lots subsequently created.
(7)
No land held in common ownership with lots served by a common driveway at the time the lots were created shall be subsequently subdivided to be served by another common driveway.
F.
Use of agricultural structures. The leasing of agricultural structures for commercial storage purposes shall be considered customarily accessory and incidental to a permitted use but shall not be construed to include any principal use listed in the Table of Use Regulations involving the storage of commercial or industrial products, materials, etc.
§ 171-12 Nonconforming uses.
The lawful use of any structure or land existing at the effective date of the adoption or subsequent amendment of this chapter may be continued, although such structure or use does not conform to the provisions of this chapter. No nonconforming use shall be changed or extended, except to a conforming use, nor shall any nonconforming building or structure be altered, changed, reconstructed or extended, except as follows:
A.
A nonconforming agricultural use or structure or a single- or two-family dwelling may be altered, extended, reconstructed or structurally changed, provided that the nonconforming nature of the structure is not increased.
B.
Other nonconforming structures or uses may be altered, extended, reconstructed or changed to provide for the same use or a different use under a special permit from the Zoning Board of Appeals only if the Board finds that such alteration, extension, reconstruction or change will not be substantially more detrimental to the neighborhood than the existing nonconforming use and that it will not increase the danger of groundwater pollution or contamination.
[Amended 5-7-1991 ATM by Art. 22]
C.
Once changed to a conforming use, no structure or land shall be permitted to revert to a nonconforming use.
D.
Nonconforming structures damaged or destroyed by fire or other accidental causes may be repaired or reconstructed, provided that the new structure is in equal or better condition than the damaged structure, is located on the same portion of the lot and has the same dimensions as the damaged structure, is not substantially more detrimental to the neighborhood than the damaged structure, is put to the same use as the damaged structure or is rebuilt in conformance with this chapter. If any of these conditions do not apply, then a special permit must be obtained from the Zoning Board of Appeals. Such repair or reconstruction of a damaged structure shall be substantially completed within two years.
E.
A nonconforming use which has been abandoned or discontinued for a period of more than two years shall not be reestablished unless a special permit has been obtained from the Zoning Board of Appeals.