Wrentham City Zoning Code
ARTICLE III
Zoning Districts
§ 390-3.1 Establishment of districts.
[Amended 11-12-2002 STM; 6-11-2013 ATM; 6-9-2014 ATM; 11-19-2018 STM; 11-4-2019 STM by Art. 11; 11-21-2022 STM by Art. 9]
For the purposes of this bylaw, the Town of Wrentham is hereby divided into the following zoning districts:
Title | Abbreviation |
|---|---|
Residential District | R-30 |
Residential District | R-43 |
Agricultural and Residential District | R-87 |
Retail Business District 1 | B-1 |
Retail Business District 2 | B-2 |
Commercial-Industrial District 1 | C-1 |
Commercial-Industrial District 2 | C-2 |
Commercial-Industrial District 3 | C-3 |
Conservation, Recreation, School and Park District | CRSP |
Watershed Protection District (overlay) | W |
Aquifer Protection District (overlay) | A |
Special Use District (overlay) | SU |
Medical Marijuana Special Use District (overlay) | MMSU |
Village Zone A | VZA |
Village Zone B | VZB |
Route 1 North | C-1N |
Route 1 South | C-1S |
Route 1 - Conservation, Recreation, School and Park District | CRSP-R1 |
§ 390-3.2 Zoning Map.
[Amended 2-25-2002; 4-26-2010; 6-4-2018 ATM; 11-19-2018 STM; 11-4-2019 STM by Art. 9; 6-6-2022 ATM by Art. 13]
Said districts are located and bounded as shown on a map entitled "Zoning Map of Wrentham, Massachusetts," dated June 6, 2022, produced by CAI Technologies and on file with the office of the Town Clerk.
§ 390-3.3 District boundaries.
A.
Where a boundary is shown as following a street, railroad, utility easement or watercourse, the boundary shall be the center line thereon unless otherwise indicated.
B.
Where a district boundary is shown as generally parallel to a street, railroad, utility easement or watercourse, the boundary shall be deemed parallel to the nearer, right-of-way sideline or high water line, or an extension of such line. The numerical figure placed between said line and the district boundary shall be the distance in feet between them as measured along a line perpendicular to said line or extension thereof.
C.
Where a district boundary is indicated as generally coinciding with a city, Town or property line, it shall so coincide.
D.
Where a district boundary is indicated as perpendicular to any right-of-way line, itemized above, or any city, Town or property line, it shall be deemed to be perpendicular.
E.
Where a district boundary is indicated as generally parallel to any city, Town or property line, it shall be deemed parallel. The numerical figure placed between two such lines shall be the distance in feet between them as measured along a perpendicular line.
F.
Where the location of a district boundary is uncertain, the Planning Board or Building Inspector shall determine its position in accordance with the distance, in feet, from other lines as given or as measured from the scale of the Zoning Map.
G.
Where a district boundary divides a lot, the regulations applying to the portion of such lot in the less restricted may be considered as extending not more than 50 feet into the more restricted portion, but only if the lot has frontage on a street in the less restricted district.
H.
A lot which lies in more than one residential zone shall be required to meet the area and frontage requirements for the zone in which the greater portion of its area lies.
J.
District boundaries within the Watershed Protection District shall be determined by the Department of Environmental Management.
§ 390-3.4 Nonconforming lots, structures and uses.
A.
Any residential lot shown on a plan and/or separately described in a deed duly recorded with the Norfolk County Registry of Deeds before the effective date of this bylaw (October 29, 1956) shall be exempt from the setback, frontage and area requirements of this bylaw with a special permit issued by the Board of Appeals if the following conditions are met:
(1)
The lot contains at least 50 feet of frontage, 5,000 square feet of area and is in an R District;
(2)
The minimum required setbacks shall be as follows: 25 feet front, 13 feet side, and 13 feet rear, and the lot coverage shall not exceed 30%.
[Amended 6-6-2022 ATM by Art. 16]
(3)
The fact that the lot may have been held in common ownership with adjoining land after its creation as a separate lot shall not prohibit the issuance of the special permit, provided that the lot has not been recombined with any adjoining land in a subsequently recorded plan or deed, or used to satisfy area or frontage requirements of this bylaw for an existing structure; and
(4)
The Board of Appeals shall find that the proposed structure(s) shall be in harmony with the surrounding neighborhood, taking into consideration the size and of any adjacent lots, and the mass and design of the proposed structure(s).
This Subsection A is intended to prevent undersized lots in developed areas from falling into disuse, and is intended to expand the protection afforded by MGL c. 40A, § 6, fourth paragraph. The Board of Appeals shall have the discretion to deny the special permit provided for herein if it finds that there is other vacant land adjoining the lot which may be available to make the lot less nonconforming, or that the lot has been used for or incorporated into an existing residential use.
B.
Any use or structure that is not a single detached dwelling or double attached dwelling that does not conform to these Zoning Bylaws may be continued if the use or structure was lawfully in existence at the time that it became nonconforming, subject to the following:
[Amended 3-4-2018]
(1)
Change, extension or alteration. As provided in MGL c. 40A, § 6, such preexisting nonconforming structures or uses may be changed, extended, or altered with a special permit by the Zoning Board of Appeals, provided that no such change, extension or alteration shall be permitted unless there is a finding by the Board of Appeals that such change, extension or alteration shall not be substantially more detrimental to the neighborhood than the existing nonconforming structure or use. Once changed to a conforming use, no structure or land shall be permitted to revert to a nonconforming use.
(2)
Restoration. Any legally nonconforming building or structure may be reconstructed if destroyed by fire or other accidental natural cause if reconstructed within a period of two years from the date of the catastrophe, or else such reconstruction must comply with these Zoning Bylaws.
(3)
Abandonment. A nonconforming use which has been abandoned and/or discontinued for a period of two years or changed to a conforming use shall not be reestablished, and any future use of the premises shall conform to these Zoning Bylaws.
C.
Any single detached dwelling or double attached dwelling that does not conform to these Zoning Bylaws may be continued if the use or structure was lawfully in existence at the time that it became nonconforming, subject to the following:
(1)
Change, extension, reconstruction or alteration. As provided in MGL c. 40A, § 6. Such preexisting nonconforming structure or use may be changed, extended, reconstructed or altered with the approval of the Building Commissioner if such change, extension, reconstruction or alteration would not increase the habitable floor area by 25% or more and if the Building Commissioner determines that the nonconforming nature of the structure would not be increased per Subsection C(2) below. Once changed to a conforming use, no structure or land shall be permitted to revert to a nonconforming use.
(2)
The following circumstances shall not be deemed to increase the nonconforming nature of the structure:
(a)
Insufficient areas: change, extension, reconstruction or alteration of a structure that is located on a lot with insufficient lot area, but that complies with all current dimensional requirements for front, side and rear yard setbacks, lot coverage, and building height and build factor.
(b)
Insufficient frontage: change, extension, reconstruction or alteration of a structure that is located on a lot with insufficient frontage, but that complies with all current dimensional requirements for front, side and rear yard setbacks, lot coverage, and building height and build factor.
(c)
Yard encroachment: change, extension, reconstruction or alteration of a structure that does not further encroach upon any existing nonconforming front, side or rear yard setbacks, but that complies with all current dimensional requirements for the other front, side and rear setbacks and building height and build factor.
(d)
Build factor: change, extension, reconstruction or alteration of a structure that is located on a lot that does not comply with dimensional requirements for build factor but complies with all current dimensional requirements for front, side and rear setbacks, lot coverage and building height.
(3)
Restoration. Any legally nonconforming building or structure may be reconstructed if destroyed by fire or other accidental natural cause if reconstructed within a period of two years from the date of the catastrophe, or else such reconstruction must comply with these Zoning Bylaws.
(4)
Abandonment. A nonconforming use which has been abandoned and/or discontinued for a period of two years or changed to a conforming use shall not be reestablished, and any future use of the premises shall conform with these Zoning Bylaws.
D.
Further, such a structure that is to be demolished and reconstructed:
(1)
Shall be relocated within the same lot as is practicable to increase conformity with yard setbacks requirements under these Zoning Bylaws and to mitigate impacts or promote more complementary development with the surrounding neighborhood as found by the Zoning Board of Appeals. Once reconstructed in conformance with any yard setback requirement, such a structure shall thereafter not be changed so as to revert to the previous nonconforming condition. The Zoning Board of Appeals may make a finding that relocation of the structure is not practicable, and therefore consider a proposal to rebuild it within the same footprint of the existing structure; and
[Added 6-19-2000 ATM]
(2)
Shall only be allowed in a zoning district that currently permits single detached dwellings or double attached dwellings as so indicated under § 390-4.2 herein; and
[Added 6-19-2000 ATM]
(3)
Shall be considered as to whether the structure possesses particular historical significance within the community. Attention shall be given as to its current state of repair and to whether reasonable efforts were or could be made toward adequately maintaining the structure; and
[Added 6-19-2000 ATM]
(4)
May expand its gross floor area, provided the structure conforms or does not increase its nonconformity with minimum yard setback, building height and lot coverage requirements of these bylaws, its gross floor area does not exceed 30% of the non-wetland area of the lot, and there is a finding by the Zoning Board of Appeals that the mass and design of the proposed structure is in harmony with the surrounding neighborhood.
[Added 6-19-2000 ATM]
(5)
Notwithstanding the provisions of Subsection C and of Subsection D(4) above, the Board of Appeals may allow, in connection with any special permit issued under Subsection D(4), a reduction in the applicable side yard requirements of up to 75%, provided that the width of the lot at the front yard setback is less than three times the applicable minimum side yard requirement, and if the sum of the side yard setbacks created by the new structure will be equal to or greater than those provided by the existing nonconforming structure.
[Added 6-25-2001 ATM]
§ 390-3.5 New construction and new uses.
A.
No new structure or building may be erected, constructed, established, altered, repaired, enlarged, or moved and no new premises, land, or lot may be put to a new use or occupied except in conformity with these Zoning Bylaws.
B.
Construction or operations under a building permit, special permit, site plan approval, or variance shall conform to any subsequent amendment to these Zoning Bylaws unless the use or construction is commenced within six months of issuance of the approval, and in cases involving construction, unless construction is completed within the time limit specified in the approval.
§ 390-3.6 Additions and enlargements.
In all districts, no existing building or structure shall be externally enlarged to an extent greater than 30% except in conformity with a site plan approval, as defined in Article VII of these bylaws, issued by the Planning Board. This provision applies only to the initial enlargements or additions, regardless of size. The 30% threshold shall be the lesser calculation of the perimeter, area or volume enlargement. Any subsequent additions, regardless of size, shall likewise require site plan approval. This provision shall not apply to single detached dwellings.
§ 390-3.7 Front yard and buffer zone compliance exemption.
[Added 4-26-2004]
Notwithstanding any other provision of this bylaw to the contrary, if a portion of a parcel of land with a building in existence on April 26, 2004, which has street frontage on Route 1A and is located in a B-2 or C-2 District, becomes included within the street layout of Route 1A, whether by means of a governmental taking or by means of a voluntary grant by the owner of such parcel, no violation of the front yard and/or buffer zone requirements of this bylaw shall result, so long as, after such taking or voluntary grant is effected, said parcel with building continues to have at least 75% of the required minimum front yard and at least 50% of the required buffer zone in effect for the district in which the parcel with building is located as of the date the taking is made or the grant is delivered to the appropriate governmental authority.