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Town of Townsend, MA http://www.townsend.ma.us/bylaws/zoning/zoning.htm Town Hall HOME How To... Bylaws Community Planning Recycling Departments, Boards and Committees PART III Pay Taxes Property ZONING BYLAW Records Permits & Chapter 145, ZONING Licenses Hours Volunteer [HISTORY: Adopted by the Special Town Meeting of the Town of Townsend 6-24-1978 by Art. 6, as amended by the Annual Jobs/Postings Town Meeting 4-27-1983 by Art. 25. Subsequent amendments noted where applicable.] Contact Us Join Our Mailing List GENERALREFERENCES Minutes & Noncriminal disposition -- See Ch. 1, Art. II. Reports Historic districts -- See Ch. 54. Community Wetlands -- See Ch. 138. Planning Board regulations -- See Ch. 175. Overview Library Senior Center Businesses Organizations Maps & ARTICLE I, General Provisions Directions History Local Weather § 145-1. Authority and title. [Amended 1-17-1989 STM by Art. 15] Local Movies Useful Links This Bylaw is adopted in accordance with and pursuant to the provisions of Mass. General Laws, Chapter 40A, and Mass. Welcome New General Laws, Chapter 43B. This Bylaw shall be known and may be cited as the Zoning Bylaw of the Town of Townsend, Residents Photos of Mass. Townsend § 145-2. Purposes. A. The purposes of this Bylaw include, but are not limited to, the following: to lessen congestion in the streets; to conserve health; to secure safety from fire, flood, panic and other dangers; to provide adequate light and air; to prevent overcrowding of land; to avoid undue concentration of population; to encourage housing for persons of all income levels; to facilitate the adequate provision of transportation, water, water supply, drainage, sewerage, schools, parks, open space and other public requirements; to conserve the value of land and buildings, including the conservation of natural resources and the prevention of blight and pollution of the environment, to encourage the most appropriate use of land throughout the Town, including consideration of the recommendations of the comprehensive plan, if any, adopted by the Planning Board and the comprehensive plan, if any, of the Montachusett Regional Planning Commission; and to preserve and increase amenities by the promulgation of regulations to fulfill these purposes under the provisions of General Laws, Chapter 40A. B. In accordance with these purposes, the use, erection, establishment, movement, repair, alteration, enlargement, height, appearance, location and occupancy of buildings and structures, and uses and occupancy of premises in the Town of Townsend are hereby regulated and restricted as hereinafter provided. § 145-3. Conformity required. Any building or structure hereinafter erected, reconstructed, altered, enlarged or moved or any use of premises hereinafter established, altered or expanded in the Town of Townsend shall be in conformity with the provisions of this Bylaw. § 145-4. Prohibited uses. [Amended 3-16-1987 STM by Art. 1] A. Any use not specifically or generically listed herein or otherwise permitted in a district shall be deemed as prohibited. Any legal use of land or building is permitted in accordance with the requirements of this Bylaw except those uses which are dangerous or detrimental to a neighborhood because of fire hazard, offensive noise, smoke, vibration, harmful radioactivity, electrical interference, dust, odor, fumes, heat, glare, unsightliness or other objectionable characteristics. B. In accordance with General Laws, Chapter 40A, and notwithstanding any provisions to the contrary, this Bylaw shall not prohibit, regulate or restrict the use of land or structures for religious purposes or for educational purposes on land owned or leased by the commonwealth, or any of its agencies, subdivisions or bodies politic or by a religious . 1 of 59 5/8/11 12:27 AM Town of Townsend, MA http://www.townsend.ma.us/bylaws/zoning/zoning.htm sect or denomination or by a nonprofit educational corporation; provided, however, that such land or structures may be subject to reasonable regulations concerning the bulk and height of structures and determining yard sizes, lot area, setbacks, open spaces, parking and building coverage requirements. ARTICLE II, Definitions § 145-5. Word usage and definitions. In this Bylaw the following terms shall have the following meanings unless a contrary meaning is required by the context or is specifically prescribed. Words used in the singular include the plural and words used in the plural include the singular. Words used in the present tense include the future. ACCESSORY USE OR BUILDING -- A use or building which is subordinate and customarily incidental to and located on the same lot with the principal use or building to which it is accessory. APARTMENT [Amended 3-16-1987 STM by Art. 2] A. APARTMENT UNIT -- A room or enclosed floor space within a dwelling or apartment/multifamily building used or intended for use by one family for living, sleeping, cooking and eating. B. APARTMENT/MULTIFAMILY BUILDING -- A building designed and constructed so as to contain three or more suites of one or more rooms, each suite provided with individual cooking and other facilities for independent housekeeping, used or intended to be used for the non-transient housing of three or more families. BED AND BREAKFAST -- A single-family home in which rooms, with or without meals, are available to guests for compensation. "Bed and breakfasts" shall: [Amended 3-16-1987 STM by Art. 16; 4-27-1991 STM by Art. 1] A. Require a special permit from the Board of Appeals; B. Not contain more than four bedrooms for compensation excluding the rooms occupied by the owner of the premises. BUILDING -- A structure having a roof or cover and forming a shelter for persons, animals or property. BUILDING HEIGHT -- The vertical distance from the mean level of ground at the actual building line of the proposed building to the highest point of the roof or parapet for flat or shed roofs, to the deck line for mansard roofs and to the mean height between eaves and ridge for gable, hip and gambrel roofs. Height limitations shall not apply to television antennas, chimneys, spires or extensions of the structure strictly ornamental in nature. [Amended 3-16-1987 STM by Art. 4] BUILDING LOT -- A building lot is a lot (as defined in these Bylaws) on which a structure is already located or is to be constructed. [Amended 3-17-1987 STM by Art. 45] CAMPER-TRAILER or TRUCK MOUNTED CAMPER -- Shall mean any vehicle used or so constructed as to permit its being used as a conveyance on the public roads and highways and duly licensed as such, and constructed in such a way as will permit temporary occupancy thereof as a sleeping place for one or more persons. DUMP -- Any accepted method of waste disposal as allowed by local, state and federal regulations. [Amended 3-16-1987 STM by Art. 5] DWELLING -- A building or part thereof designed, erected and used for continuous and permanent habitation for one or more families or individuals. DWELLING UNIT -- One or more rooms with cooking, living, sanitary and sleeping facilities arranged for the use of one or more persons living together as a single housekeeping unit, but not more than five persons unrelated by blood or marriage. EXTERIOR LINE -- The dividing line between a street and a lot and, in the case of a public way, the street line established by the public authority laying out the way upon which the lot abuts. FAMILY-- Any number of persons living together as a single economic unit and ordinarily using a single cooking [i] facility. EN GUEST HOUSE, PRIVATE -- An accessory use on a lot which contains a dwelling. The guest house is to be occupied on a temporary basis only by nonpaying guests of the principal dwelling, and may contain sleeping and sanitary facilities, but may not contain cooking facilities. HOME OCCUPATION -- An activity customarily carried on by the permanent residents of a dwelling unit, inside the dwelling unit requiring only customary home equipment. Home occupations do not include barber shops or beauty shop nor do they involve the sale of articles produced outside the dwelling unit nor any activity involving odor, vibration, smoke, dust, heat, or other objectionable effects. HOTEL/MOTEL -- A building or portion thereof, or a group of buildings on a single lot intended to be used for the temporary occupancy of three or more persons who are lodged, with or without meals, and in which major provisions for cooking may be made in a central kitchen but may not be in the individual rooms or suites. [Amended 10-22-1985 STM by Art. 10] 2 of 59 5/8/11 12:27 AM Town of Townsend, MA http://www.townsend.ma.us/bylaws/zoning/zoning.htm LOT -- The term "lot" shall mean a single area of land, wholly in one ownership, defined by metes and bounds as set forth in or shown on a deed or plan recorded with the Middlesex South District Registry of Deeds or a deed or plan registered with the South Registry District of Middlesex County; or a metes and bounds description of the land area conforming to that contained in a recorded or registered deed, together with a copy of the deed; or a plan prepared by a registered land surveyor, conforming to generally accepted professional standards and defining the land area by metes and bounds; or both a deed and a plan, if both are available, which description and deed, or plan, or all, have been filed as a part of an application for a building permit, variance, site plan or subdivision approval, or special permit; provided that the building permit, variance, site plan or subdivision approval, or special permit has been duly granted by the Town official or Board having jurisdiction to do so, and the building permit, variance, site plan or subdivision approval, or special permit is in effect in accordance with its original terms and with the requirements and limitations of applicable law. The term "corner lot" shall mean any lot abutting on two or more streets at their intersection. [Amended 3-17-1987 STM by Art. 43] LOT AREA -- The horizontal area of a lot exclusive of any area in public or private way open to public use and any body of water. LOT COVERAGE -- The amount of area on a lot covered by the horizontal cross section of structures. LOT FRONTAGE -- The lot frontage shall be measured along a straight line connecting points of intersection of the side lot lines with the front lot line. LOT LINE, FRONT -- A line dividing a lot from a street right-of-way. On any lot bounded on more than one side by a street, the street boundary that is to be lot "front" shall be so designated in any application for a permit to build on such lot. [Amended 3-16-1987 STM by Art. 10] LOT LINE, REAR -- Except for a triangular lot, the lot line opposite the "front" lot line. LOT LINE, SIDE -- Any lot line not a front or rear. LOT WIDTH -- The rectilinear dimension of a lot regardless of the orientation of such dimensional figure to street frontage. No part of the lot may be less wide than 35 feet in any dimension except at the corners, provided however, that the requirements of [ii] the Land Space Requirements Table are complied with. EN [Amended 3-16-1987 STM by Art. 11] MOBILE HOME -- A structure designed as a dwelling unit containing sleeping accommodations, a toilet and kitchen facilities, with plumbing and electrical connection provided for attachment to outside systems, built on a chassis and designed to be [iii] transported after fabrication on its own wheels. EN [Amended 3-16-1987 STM by Art. 12] MOTOR VEHICLE SERVICE STATION [Amended 5-18-1987 STM by Art. 12] A. MOTOR VEHICLE SERVICE STATION -- Premises devoted primarily to retail sales and on-premises dispensing of fuels, oils and lubricants, with any repair services, other sales, leasing and/or rentals, or services of secondary importance. B. MOTOR VEHICLE SALES FACILITY -- Premises devoted primarily to retail sales, leasing, and/or rental of new and/or used motor vehicles, with any repair services, other sales, or services, of secondary importance. C. MOTOR VEHICLE REPAIR SHOP -- Premises devoted primarily to motor vehicle repair services and/or body work, with any other sales or services of secondary importance. D. SALES FACILITY FOR BOATS, CAMPER-TRAILERS, FARM EQUIPMENT, OR CONSTRUCTION EQUIPMENT -- Premises devoted primarily to retail sales, leasing, and/or rental of new and/or used boats, camper- trailers, farm equipment, or construction equipment, with any repair services, other sales, or service, of secondary importance. [Amended 5-7-2002 STM by Art. 18] NONCONFORMING USE, BUILDING OR STRUCTURE -- An existing use of land, or a building or structure or use thereof which does not conform to the regulations for the district in which it exists. [Amended 3-16-1987 STM by Art. 14] PARKING SPACE -- An area containing not less than 200 square feet suitable for parking of one motor vehicle. [Amended 3-16-1987 STM by Art. 15] PREFAB HOME -- Structure designed for over the road transportation to be permanently fixed to a proper foundation (as opposed to a mobile home). SIGN -- Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, designs, trade names, or trademarks, whether stationary or portable, by which anything is known, such as are used to designate or locate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or product, which are visible from a public or private street or right-of-way and used to attract attention. STORY -- The portion of a building between the upper surface of any floor and the upper surface of the floor next above, having more than 1/2 of its height above the average elevation of the finished grade adjoining the building. Any part of a building between the topmost floor and the roof shall be deemed a half-story. STREET -- An accepted Town way, a way established by or maintained under county, state or federal authority, a way established by a subdivision plan approved in accordance with the Subdivision Control Law, and, in addition, these ways must 3 of 59 5/8/11 12:27 AM Town of Townsend, MA http://www.townsend.ma.us/bylaws/zoning/zoning.htm in the opinion of the Planning Board have sufficient width, suitable grades and adequate construction to provide for the needs of vehicular traffic in relation to the proposed use of the land, and for the installation of municipal services to serve such land and the buildings erected or to be erected thereon. [Amended 3-16-1987 STM by Art. 17] STRUCTURE -- Anything constructed or erected, the use of which requires fixed location on the ground or attachment to something located on the ground, including swimming pools if more than 23 inches deep or 250 square feet in area or gas or liquid storage tanks if principally above ground, but not including walls or fences. [Amended 3-16-1987 STM by Art. 18] YARDS A. FRONT -- An open space extending the entire width of a lot from lot side line to lot side line between the front lot line or lines and the nearest point of a building or structure. [Amended 5-1-2001 ATM by Art. 35] B. REAR -- An open space extending the entire width of a lot from side line to side line between the rear lot line or the corner of a triangular lot farthest from the front lot line and the nearest point of the building. C. SIDE -- An open space extending along a side line of a lot (between the front yard and the rear yard on such lot) and extending between the side line of such lot and the nearest point of the building or structure. [Amended 5-1-2001 ATM by Art. 35] ARTICLE III, Establishment of Zoning Districts § 145-6. Types of districts. [Amended 3-16-1987 STM by Art. 19; 1-17-1989 STM by Art. 16; 5-7-2002 STM by Art. 18] The Town of Townsend is hereby divided into zoning districts designated as follows: Residential Districts Residential Aquifer Overlay District (RA) Residential B District (RB) Commercial District - C Neighborhood Commercial District (NCD) Downtown Commercial District (DCD) Outlying Commercial District (OCD) Industrial District (ID) Floodplain District (F) Aquifer Protection Overlay District (APD) Wetlands District (W) Groundwater Protection District § 145-7. Location of districts. [Amended 1-17-1989 STM by Art. 16] Except for Wetlands and Floodplain Districts, the location and boundaries of these districts are hereby established as shown on maps entitled "Townsend Zoning Bylaw Maps #1 - 12," dated January 1989, and bear the signatures of the members of the Planning Board. Floodplain District is shown on maps entitled "Flood Insurance Rate Maps and Flood Boundary and Floodway Maps," dated August 2, 1982. All maps are on file in the office of the Town Clerk. These maps with all explanatory matter thereon are declared to be a part of the Zoning Bylaw of the Town of Townsend, Mass. A. All areas of Townsend not indicated on the maps as being in a commercial or industrial district are zoned residential. B. Residential Aquifer Overlay District (RA) shall be delineated as the GZD Associates boundaries as shown on a map entitled "Distribution of Aquifers, Townsend, Mass., December 15, 1984, Nashua River Watershed Association, Figure 2," and if a lot falls within both the RA and any other residential district, the lot shall be considered RA. This map shall also be used to define the "Aquifer Protection Overlay District" as regulated in § 145-40 of this Bylaw. C. The commercial and industrial districts as shown on Maps #2 - 12 are based on the "Assessor Maps" revised December 31, 1986. § 145-8. Amendments to maps. Any changes or amendments shall be indicated by the alteration of such map, and the map thus altered is declared to be a part of the Bylaws thus amended. § 145-9. District boundaries. 4 of 59 5/8/11 12:27 AM Town of Townsend, MA http://www.townsend.ma.us/bylaws/zoning/zoning.htm 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. § 145-10. Determination of boundaries. [Amended 1-17-1989 STM by Art. 16] Whenever any uncertainty exists as to the exact location of a zoning district boundary line, the location of such line shall be determined from the scale of the map. Full size Assessor Maps to determine the scale for the parcels of land indicated on Neighborhood Commercial District, Downtown Commercial District, Outlying Commercial District, and Industrial District Maps may be used. Additionally, full size Distribution of Aquifers, Townsend, Mass, December 15, 1984, Nashua River Watershed Association, "Figure 2" maps at a scale of 1:25,000 may be used. ARTICLE IV, Application of Regulations; Modifications and Exceptions [Amended 3-17-1987 STM by Art. 48] § 145-11. Construction or use of buildings or improvements; use of land. No building or improvement shall be constructed or used, and no land shall be used or divided except in conformity with the provisions of these Bylaws. All other buildings and improvements, and all other uses of land or of buildings or improvements are hereby expressly prohibited, except those already lawfully existing, which by the provisions of this Bylaw have become lawfully nonconforming. § 145-12. Lots partly situated in other towns. When a lot is situated partly in the Town of Townsend and partly in an adjacent municipality, the provisions of this Bylaw shall be applied to the portion of such lot in the Town of Townsend as if said portion were a separate lot located in the Town of Townsend. § 145-13. Lots divided by district boundary lines. [Amended 12-4-1990 STM by Art. 6] A. When a zoning district boundary line divides a lot into two or more sections, that portion of land which is in the least restrictive zone shall be governed by the use of land and dimensional requirements of the more restrictive zone. B. When a lot is divided by a zoning district boundary so that a portion of the lot is in a commercial/industrial district and the remainder is located in a residential district, the use of land for commercial or industrial purposes shall be allowed provided that the use be maintained within the commercial/industrial district boundary lines and will conform to the land use regulations and dimensional requirements of the appropriate commercial or industrial district. The use of a portion of the land in the more restrictive zone (residential) as an accessory use to a legal or conforming use or structure in the less restrictive zone shall be prohibited. § 145-14. Principal buildings and frontage. No building shall be erected except on a lot fronting on a street, and there shall be not more than one principal building on any residential lot except as provided for in this Bylaw. § 145-15. Eminent domain. Any land taken by eminent domain, or conveyed for a public purpose for which the land could have been taken by eminent domain, shall not be deemed to be transferred in violation of the provisions of Article VII of this Bylaw. § 145-16. Land below mean high water. Land lying below mean high water shall not be included as part of a lot for the purpose of meeting area requirements of this Bylaw. ARTICLE V, Nonconforming Uses [Amended 3-16-1987 STM by Art. 20] § 145-17. Applicability. Except as hereinafter provided, this Bylaw shall not apply to structures or uses lawfully in existence or lawfully begun, or to a building or special permit issued before the date of the first publication of notice of the public hearing of such Bylaw required by MGL c. 40A, § 5. 5 of 59 5/8/11 12:27 AM Town of Townsend, MA http://www.townsend.ma.us/bylaws/zoning/zoning.htm § 145-18. Extensions and alterations; special permit required. [Amended 4-27-1991 STM by Art. 2] Pre-existing, nonconforming structures or uses may be extended, altered, changed or rebuilt only by special permit from the Board of Appeals and subject to the provisions of § 145-65F. Any such rebuilding, change, extension or alteration shall not be more detrimental than the existing nonconforming use to the neighborhood. Exempted from the requirement for a special permit are the following: A. Alteration, reconstruction, extension or structural change to a nonconforming single- or two-family residential structure where such change does not increase the nonconforming nature of said structure. B. Interior alteration of any existing structure which does not change the nature of, nor increase the intensity of a nonconforming use. C. Reconstruction of a legally nonconforming structure damaged or destroyed by fire or other accidental or natural cause if reconstruction is started within 24 months and completed within 36 months of the damage or destruction. § 145-19. Loss of nonconforming status after abandonment. Any nonconforming use or structure which has been abandoned or discontinued for two years or more loses the protection of § 145-17 and shall be required to conform to the current Bylaw. § 145-20. Previously issued permits. Construction or operation under a building permit or special permit must conform to any subsequent amendments of the Zoning Bylaw unless the use or construction is commenced within a period of six months after the issuance of the permit and in cases involving construction, unless such construction is continued through to completion continuously and expeditiously. § 145-21. Nonconforming lots in a residential district. [Added 4-27-1991 STM by Art. 3] Setback requirements for the construction of any accessory structure or addition to an existing dwelling need only conform to the Zoning Bylaw requirements in existence at the time of issuance of the original building permit. For structures in existence prior to the Zoning Bylaw refer to § 145-18. ARTICLE VI, Land Use Regulations § 145-22. Applicability. [Amended 1-17-1989 STM by Art. 18] Except as provided by law or in this bylaw in each district no building, structure, or land shall be used or occupied except for the [iv] purposes permitted as set forth in Article VI et seq. EN § 145-23. Dumps. [Amended 1-17-1989 STM by Art. 19; 5-7-2002 ATM by Art. 35] No region in any district in Townsend shall be established by any person, company or corporation as a commercial dump, refuse disposal incinerator, commercial composting or compost curing facility or other facility that processes organic or inorganic material, whether or not separated at source, into fertilizers, soil additives and fuel products or materials, with the exception of the Town of Thompson that may operate and maintain a municipal dump, sanitary landfill, recycling center, waste transfer or other facility for the disposition of garbage, rubbish or waste generated in the Town of Townsend. § 145-24. Driveways and entrances. [Added 12-4-1990 STM by Art. 7] A. Purpose. In order to provide public safety through the orderly control of traffic moving onto and from a street, and to provide adequate drainage of the driveways where required, new driveways and entrances shall be built according to a uniform standard of design and layout. B. Procedure. Prior to any construction of a driveway, the owner shall make a written application for approval to the Building Inspector acting through the Board of Selectmen. Before approval is granted, the application shall be referred to the Highway Superintendent, and if necessary, to other boards and/or commissions. C. Design requirements. (1) Entrances shall be located to the best advantage with regards to street alignment, profile, sight distance, and safety conditions. 6 of 59 5/8/11 12:27 AM Town of Townsend, MA http://www.townsend.ma.us/bylaws/zoning/zoning.htm (2) Entrances and driveways to a given tract of land shall be located through the frontage, or across the front lot line, or through a designated access strip of said land as approved by the Building Inspector. (See Subsection D of this section for common driveways.) (3) Use of access strip other than those across the front lot line shall require utilization of the access strip frontage as the street address for town/public records. (4) Driveway grades and locations shall be constructed and maintained so as to provide safe access for emergency vehicles. Driveways exceeding 500 feet in length shall have one or more emergency vehicle turnouts and a terminus turnaround as specified by the Building Inspector. (5) Entrance width, measured from the edge of pavement to a point 15 feet onto the applicant's property shall be: Minimum Maximum Residential 12 feet 24 feet Common driveways - 12 feet 24 feet residential Commercial and industrial* One way 12 feet 20 feet Two way 18 feet 26 feet *Unless governed by site plan review § 145-42. (6) Entrances and exits shall be no less than 50 feet from a street corner measured between the nearest edge of the driveway and edge of pavement at the street corner. (7) Entrances off state highways shall conform to the Massachusetts Department of Public Works Standard and Regulations. (8) Design standards shall provide that no water will drain from the driveway onto the street, and all such driveways shall have a paved apron 15 feet in length and have a width in compliance with Subsection C(5). (9) Any disturbed areas shall be stabilized and returned to their former state. (10) Where a portion of a stone wall must be removed for access to the property, the remaining stone wall shall be left in a stable and orderly fashion. (11) Driveway design, layout, and construction shall be approved by the Building Inspector. D. Common driveways. (1) Each building lot must have viable vital frontage access by itself before a common driveway may be considered. (2) All building lots serviced by a common driveway must have legal frontage on the same public way. (3) Not more than three building lots may be serviced by one common driveway. Said driveway shall be located across the frontage or the front lot line of one or more of the building lot(s) served by the driveway. (4) The minimum distance between any two common driveway entrances shall be 500 feet. (5) The maximum length of any common drive shall be no more than 1,000 feet to the longest point as measured along the driveway. This entire length of common driveway from the street to the beginning of the farthest individual private driveway must be paved. Not more than three individual private driveways may be constructed off of a common driveway with their individual lengths not to exceed 400 feet from the intersection with the common driveway to the dwelling unit. All provisions of Subsection C(4) shall apply to each separate private driveway constructed off a common driveway. [Amended 4-27-1991 STM by Art. 4; 4-29-1997 ATM by Art. 47] (6) All common driveways shall have an easement and maintenance agreement between all parties served by the common driveway. Plans for said common driveway shall show all metes and bounds. Plan, easement and maintenance agreements shall be recorded with the Registry of Deeds following approval of the Building Inspector. Certification of said recording shall be provided to the Building Inspector. 7 of 59 5/8/11 12:27 AM Town of Townsend, MA http://www.townsend.ma.us/bylaws/zoning/zoning.htm (7) All provisions of this § 145-24, with the exception of access strips, shall apply to the common drive unless noted otherwise. E. Inspections and fees. (1) The Building Inspector reserves the right to inspect the proposed site before, during, and after construction. (2) The Building Inspector may establish reasonable fees for driveway application and inspections. § 145-25. Distribution systems. All distribution systems must be provided underground, including water, sewerage and gas lines. § 145-26. Residential districts. [Amended 3-16-1987 STM by Arts. 22, 23, 24 and 25; 3-17-1987 STM by Arts. 26, 27, 28, 29, 30, 31, 32, 34, 36 and 40; 5-18-1987 STM by Arts. 16, 17, 18, 19, 20 and 21; 1-17-1989 STM by Arts. 13, 26, 27, 28, 29, 30 and 31; 4-25-1989 STM by Arts. 16 and 18; 5-15-1996 STM by Art. 8] A. Residential A and B Districts permitted uses. (1) Detached one-family dwelling, but not including mobile home. (2) Church or other place of worship, parish house, rectory or convent. (3) Recreational or water supply use as a public agency. (4) Public administration building, fire or police station. (5) Public school, library, museum, art gallery, or community building. (6) Private school offering general educational courses. (7) Extension of an existing cemetery. (8) Orchard, market garden, nursery, greenhouse, or other use of building or land for the raising of agricultural, horticultural or floricultural crops. (9) Removal of soil, loam, sand or gravel from a parcel of land, provided that such removal is in conformity with bylaws of the Town pertaining thereto. (10) Accessory use customarily incidental to a permitted use on the same lot or a lot adjacent thereto, including the following: (a) The raising or keeping of a small flock of fowl not to exceed 20. (b) The raising or keeping of saddle horses, livestock or other farm animals for use only by residents of the premises as long as the lot used is 40,000 square feet or larger. (c) Private guest house, tool shed, playhouse, tennis court, boat house, or other building or structure for domestic use; private garage for motor vehicles, but not including more than one commercial vehicle (other than farm vehicles), or more than one vehicle owned by a nonresident of the premises, unless authorized by the Board of Appeals. (d) The use of a room or rooms in a dwelling or building accessory thereto by a resident of the premises as an office, studio or workroom for a home occupation, provided that:  Such use is clearly incidental and secondary to the use of the premises for dwelling purposes;  Not more than two persons other than residents of the premises are regularly employed thereon in connection with such use;  No stock in trade is regularly maintained, except for products of the occupation itself or for goods or materials which are customarily stored, used or sold incidental to its performance; and  From the exterior of the building so used, there is not visible any display of goods or products, storage of materials or equipment, regular parking of commercial vehicles, or any other exterior indication that the premises are being utilized for any purpose other than residential (except for an accessory sign). (e) Sign pertaining to a permitted or authorized use of the premises on which it is located, including the sale or lease 8 of 59 5/8/11 12:27 AM Town of Townsend, MA http://www.townsend.ma.us/bylaws/zoning/zoning.htm thereof, provided however that the requirements of Article X of these Bylaws are complied with. B. Residential A and B Districts special permit uses. In a Residential A and B District the Board of Appeals may, in specific case, authorize by special permit any of the following additional uses, provided that the premises in question is reasonably adaptable to such use and will allow proper layout thereof (including adequate separation of buildings and open areas from adjacent premises). All special permits are subject to the provisions of Article XI. (1) Accessory apartment provided the requirements of § 145-36 are met. (2) Bed and breakfast, housing for the elderly, rest home, convalescent or nursing home. (3) Nursery school or other agency for the day care of children, private organized camp for children or adults. (4) Cemetery, hospital, sanatorium, funeral parlor, philanthropic or charitable institution (but not including a correctional institution). (5) Antique shop, provided the requirements of §§ 145-42 and 145-43 are met. (6) Antique shop in a dwelling or building accessory thereto, provided there is no exterior display (except for an accessory sign) and the residential character of the premises is preserved. All work or sale of goods must be carried on inside the building used and no more than two persons shall be employed on the premises at any one time exclusive of the owner or owners. There shall be no external change which alters the residential appearance. The residential character of the premises must be preserved. The Zoning Board of Appeals may impose on any special permit additional conditions, including but not limited to, hours of operations and screening plantings of abutting properties. (7) Any municipal use not specifically listed herein. (8) Private club, lodge, or other nonprofit social, cultural, civic or recreational use (but not including any use the chief activity of which is one customarily conducted as a business). (9) Commercial kennel, animal or veterinary hospital, provided that such use is located on the same premises as a dwelling and is conducted by a resident thereof. (10) Salesroom or stand for the sale of nursery, greenhouse, garden or farm produce (including articles of home manufacture from such produce), provided that the major portion thereof is raised on the premises (or made from produce so raised). (11) A boat yard and/or single-pier docking facility for the service, rental, repair, limited sale, and temporary storage of small private craft, excluding craft powered by combustion engine(s), but only to the extent specifically authorized by the Board of Appeals. (12) Any of the following commercial recreation uses: golf course (but not including a golf driving range or "miniature" golf course), boat or canoe livery, riding stable, ski ground or bathing beach, including the incidental sale of refreshments if primarily for the convenience of patrons thereof and of equipment customarily related to the use (such as golf balls, fishing tackle and the like), but only to the extent specifically authorized by the Board of Appeals. (13) Activities, accessory to activities permitted as a matter of right, which are necessary in connection with scientific development or related production, whether or not on the same parcel as activities permitted as a matter of right. (14) Multifamily structures provided, however, the requirements of § 145-37 are met. (15) Beauty parlor or barber shop in a dwelling or building accessory thereto, provided that there is adequate parking and that the total number of employees does not exceed two and the residential character of the premises is preserved. (16) On properties consisting of five or more contiguous acres and 500 or more contiguous feet of road frontage on a Town-approved public way, a business may operate from preexisting buildings other than the primary residence, or from a new building not exceeding 750 square feet, for the inside sale of goods and services, inside storage of goods and equipment and incidental repair and installation of goods and equipment sold on the premises. [Added 12-16-2003 STM by Art. 2] § 145-27. Downtown Commercial District (DCD). [Added 1-17-1989 STM by Art. 30] A. Purpose. The Downtown Commercial District is designed to accommodate a wide variety of commercial activities (particularly those that are, or could be, pedestrian oriented) that will result in a concentrated and attractive use of 9 of 59 5/8/11 12:27 AM Town of Townsend, MA http://www.townsend.ma.us/bylaws/zoning/zoning.htm Townsend's limited central business district, while preserving and enhancing many of the existing structures within the downtown area. New structures and additions shall retain the New England village architectural character of the abutting historic district. B. DCD permitted uses: (1) All municipal purposes, including the administration of government, fire, and police stations. (2) Educational and religious uses. (3) Detached single (one) family dwellings. (4) Retail sale and rental of goods, merchandise and equipment. (5) Office, clerical, professional, research, and services not primarily related to goods or merchandise. [Amended 12-16-2003 STM by Art. 1] (6) Restaurants, or other places serving food or beverage. (7) Such accessory uses as are customarily incidental to any of the above uses. C. DCD uses allowed by special permit from the Board of Appeals (see Article XI): (1) Bed and breakfast. (2) One to six dwelling units within a structure existing on the lot or for which a building permit has been issued as of January 1989, provided sufficient off-street parking is available on site. (3) Mixed use (residential/commercial). (4) Storage and parking of goods and equipment. (5) Sales facility for boats, camper-trailers, farm equipment or construction equipment. [Amended 5-7-2002 STM by Art. 18] D. Special provisions for parking in Downtown Commercial District. Within the Downtown Commercial District, the Planning Board may, through the site plan review special permit process (§ 145-42), waive strict compliance with the parking requirements (Article VIII and § 145-42) and setback of parking requirements (§ 145-32) of the Zoning Bylaw if the Planning Board determines the proposed use will be able to utilize existing on- or off-street parking or will not generate sufficient parking needs to create a hazard or nuisance. § 145-28. Neighborhood Commercial District (NCD). [Added 1-17-1989 STM by Art. 30] A. Purpose. The Neighborhood Commercial District is designed to accommodate limited commercial development within Townsend Harbor and West Townsend on a scale less intensive than allowed in the Commercial or Downtown Commercial Districts, while preserving and enhancing the existing structures within both neighborhoods. New structures and additions shall retain the New England village architectural character of the abutting historic district. B. NCD permitted uses: (1) All municipal purposes, including the administration of government, fire, and police stations. (2) Educational and religious uses. (3) Detached single (one) family dwellings. (4) Retail sale and rental of goods, merchandise, and equipment.* (5) Restaurants, or other places serving food or beverage, provided no substantial carry-out or delivery, and no drive-thru service.* (6) Office, clerical, professional, research, and services not primarily related to goods or merchandise, provided not occupying more than 2,500 square feet of gross floor area per establishment. (7) Such accessory uses as are customarily incidental to any of the above uses. (*These permitted uses are allowed in Neighborhood Commercial District only if each establishment/use occurs within a structure existing on the lot as of January 1, 1989; however, said structure may be extended, altered, or changed as 10 of 59 5/8/11 12:27 AM Town of Townsend, MA http://www.townsend.ma.us/bylaws/zoning/zoning.htm provided for in MGL c. 40A, § 6.) C. NCD uses allowed by special permit from the Board of Appeals (see Article XI): (1) One to six dwelling units within a structure existing on the lot or for which a building permit has been issued as of January 1989, provided sufficient off-street parking is available on site. (2) Mixed use (residential and commercial). D. Special provisions for parking in Neighborhood Commercial District. Within the Neighborhood Commercial District, the Planning Board may, through the site plan review special permit process (§ 145-42), waive strict compliance with the parking requirements (Article VIII and § 145-42) and setback of parking requirements (§ 145-32) of the Zoning Bylaw if the Planning Board determines the proposed use will be able to utilize existing on- or off-street parking or will not generate sufficient parking needs to create a hazard or nuisance. § 145-29. Outlying Commercial District (OCD). [Added 1-17-1989 STM by Art. 30] A. Purpose. The Outlying Commercial District is designed to accommodate the widest range of permitted commercial activities. B. OCD permitted uses: (1) All municipal purposes, including the administration of government, fire, and police stations. (2) Educational and religious uses. (3) Sale and rental of goods, merchandise and equipment. (4) Restaurants or other places serving food or beverage. (5) Office, clerical, professional, research, and services not primarily related to goods or merchandise. (6) Detached single (one) family dwellings. (7) Such accessory uses as are customarily incidental to any of the above uses. (8) Hotel/motel in operation prior to January 1, 1970, provided the requirements of §§ 145-35, 145-42 and 145-65 are met. [Added 4-29-1991 ATM by Art. 41] C. OCD uses allowed by special permit from the Board of Appeals (see Article XI): (1) Athletic and recreational facilities excluding motorized vehicular sports and recreational facilities. (2) Commercial entertainment/amusement facilities. (3) Motor vehicle service stations, motor vehicle sales, and motor vehicle repair shops, whether ancillary to sales or not. (4) Storage and parking of goods and equipment. (5) Hotel/motel. (6) Sales facility for boats, camper-trailers, farm equipment or construction equipment. [Amended 5-7-2002 STM by Art. 18] § 145-30. Industrial District (ID). [Added 1-17-1989 STM by Art. 31] A. Purpose. The Industrial District is designed to accommodate commercial and industrial enterprises engaged in the manufacturing, processing, creating, repairing and storage of goods, merchandise and equipment; and adult use establishments (as defined in § 145-53). [Amended 9-9-1997 STM by Art. 9] B. ID permitted uses: (1) All municipal purposes, including the administration of government, fire, and police stations. (2) Sale and rental of goods, merchandise, and equipment. 11 of 59 5/8/11 12:27 AM Town of Townsend, MA http://www.townsend.ma.us/bylaws/zoning/zoning.htm (3) Office, clerical, professional, research, and services not primarily related to goods or merchandise, not greater than 10,000 square feet of gross floor area per establishment. (4) Motor vehicle service stations, motor vehicle sales and motor vehicle repair shops, whether ancillary to sales or not. (5) Converting, fabricating, manufacturing, altering, finishing, or assembling, not greater than 25,000 square feet of gross floor area per establishment. (6) Warehousing storage, and parking of goods and equipment. (7) Sales facility for boats, camper-trailers, farm equipment or construction equipment. [Amended 5-7-2002 STM by Art. 18] (8) Such accessory uses as are customarily incidental to any of the above uses. C. ID uses allowed by special permit from the Board of Appeals (see Article XI): (1) Office, clerical, professional, research, and services not primarily related to goods or merchandise occupying more than 10,000 square feet of gross floor area per establishment. (2) Converting, fabricating, manufacturing, altering, finishing, or assembling occupying more than 25,000 square feet of gross floor area of a building for any one or combination of such uses. (3) Golf course, but not including a miniature golf course. D. ID uses allowed by special permit from the Planning Board (see Article XI): (1) Adult use establishments (as defined in § 145-53). [Added 9-9-1997 STM by Art. 10] ARTICLE VII, Land Space Requirements § 145-31. Construction or alteration of buildings or structures. [Amended 1-4-2000 STM by Art. 12 No building or structure shall be built nor shall any existing building or structure be enlarged or altered except in conformance with the regulations of this Zoning Bylaw as to lot coverage, lot area, land area per dwelling unit, lot frontage, lot width, front, side and rear yards, and maximum height of structures, in the several districts as set forth below except as may otherwise be provided elsewhere in this Zoning Bylaw. § 145-32. Land and yard space for new buildings. A. The land and yard spaces required for any new building or use shall not include any land or area required by any [vEN other building or use to fulfill zoning requirements. B. The front, side, or rear setback requirements for an addition to an existing residential structure, in current use as such in the RA or RB Zones may be reduced by the issuance of a special permit, subject to all requirements of § 145-65, but only down to the following limits: [Added 1-4-2000 STM by Art. 13] Front yard setback: 40 feet Side yard setback: 10 feet Rear yard setback: 10 feet and only if the special permit granting authority (SPGA) finds that, in addition to satisfying the requirements of § 145-65F, the proposed construction is consistent with the neighborhood, that the purpose of the construction could not be reasonably achieved without infringing on the setback area, and that the purpose of the construction could not reasonably have been achieved by a more careful siting of the existing structure on the lot when the structure was first built. This provision shall not be used to allow the construction of a new structure. 12 of 5
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