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ZONING BY-LAW MANSFIELD, MASSACHUSETTS Adopted February, 1953 Recodified October, 1989 Reprinted June 2005 Reprinted August 2006 Reprinted June 2007 Reprinted September 2009 Including all Amendments A true copy Mansfield Town Clerk September, 2009 Price: $15.00 i ii Z O N I N G B Y - L A W MANSFIELD, MASSACHUSETTS 1.0 GENERAL 1.1 PURPOSE The purposes of this by-law are to promote health, safety, convenience, morals, and general welfare of the inhabitants of the Town of Mansfield, to protect and conserve the value of property within the Town, to increase the amenities of the Town, and to secure safety from fire, congestion or confusion, all in accord with the General Laws of the Commonwealth of Massachusetts, Chapter 40A. 1.2 EXISTING USES This by-law shall not apply to existing buildings or structures, nor to the existing use of any building or structure, or of land to the extent of that use at the time of the adoption of the by-law. 1.3 BASIC PROTECTIVE PROVISIONS 1.3.1 For the purposes of this by-law any lawful building or structure or use of a building, structure or land or part thereof may be constructed, altered, enlarged and used for any purpose, which does not violate any section of this by-law or any of the provisions of the by-laws of the Town of Mansfield. 1.3.2 For the safety and general welfare all principal buildings designed or intended for residence purposes hereafter erected shall be in a location which fronts upon an accepted street or upon a public way of sufficient width to secure safety from fire and to provide adequate light and air; such width to be determined by the Board of Selectmen and approved by the Planning Board. 1.3.3 Any lots recorded at the time of the adoption of this by-law may be used for any permitted use in the district in which the lot is located providing that lots which do not conform are used with the minimum nonconformance as to yards as approved by the Board of Appeals, provided there was at the time of the effective date of this by-law no other land under the same ownership available for use, and further provided that any lot on which more than one (1) house existed at the time of the adoption of the by-law may be divided and sold to separate owners. 1.4 EXISTING LAWS AND AGREEMENTS 1.4.1 The provisions of this by-law, so far as they are the same as those of existing by-laws, shall be construed as continuations thereof. All by-laws or parts of by-laws heretofore adopted, which are inconsistent with the provisions of this by-law are hereby repealed. 1.4.2 When this by-law imposes a greater restriction of the use of buildings, structures or premises or on height of buildings, or requires larger yards, or open spaces than are imposed or required by any regulations or permits, or by any restrictions or permits, or by any regulations, easements, covenants or agreements, the provisions of this by-law shall control. 1 1.5.5 Airport Approach Zone: The land area in line with airport runways as indicated schematically on the Zoning Map referred to in Section 2.0 of this by-law and as defined in Section 35B of Chapter 90 of the General laws of the Commonwealth of Massachusetts, as amended. 1.5.6 Building: Structure having a roof supported by columns or walls for shelter, support of enclosure of persons, animals or chattels. When separated by division walls from the ground up without openings, each portion of such building shall be deemed a separate building. 1.5.7 Building, Front: The wall of the building most nearly parallel with and adjacent to the front of the lot on which it is situated. 1.5.8 Building, Height: The vertical distance measured from the level of the curb or established center line of the street opposite the middle of the front elevation of the main entrance of the building to the highest point of the roof surface, if a flat roof; to the deck line of a mansard roof; and to the mean height level between eaves and a ridge of a gable, hip or gambrel roof. If built on a terrace or five (5) feet, whichever is smaller. 1.5.9 Building, Main: A building in which is conducted the principal use of the lot on which it is situated. In any residential district, any dwelling or apartment shall be deemed to be a main building on the lot on which the same is situated. 1.5.10 Family: An individual or two (2) or more persons related by blood, marriage, or legal adoption living as a single housekeeping unit and including necessary home help. A group of individuals not related by blood, marriage, or legal adoption but living together as a single housekeeping unit may constitute a family. For purposes of controlling residential density, each such group of four (4) individuals shall constitute a family, except those residential homes duly authorized by the Commonwealth of Massachusetts. 1.5.11 Garage, Private: A detached accessory building of not more than thirty-five (35%) percent of the ground floor of the main building, used for the purposes of parking or temporary storage of automobiles of occupants of the premises, except that one (1) space may be used by the private automobiles of persons not resident on the premises. 1.5.12 Garage, Group: A group garage is a building, a part of a building or a group of buildings, other than a private garage, made up of units containing provisions for not more than two motor vehicles in each unit, in which motor vehicles are kept and taken care of by their respective owners, who are either tenants or owners of each unit in which their motor vehicles are kept, all said motor vehicles being solely for private or professional use, and not for sale, rent, hire, exhibition or demonstration purposes. 1.5.13 Loading Space, Off-Street: An off-street space or berth on the same lot with a building, or contiguous to a group of buildings, for the temporary parking of vehicles while loading or unloading merchandise or material, and which has access to a street, alley or other appropriate means of ingress and egress. 1.5.14 Lot: A parcel of land either occupied or vacant, or to be occupied by a building or group of buildings and accessory buildings and used together with such yards and other open spaces as are required by this by-law. A lot may be land so recorded in a deed or on a plat of record, or it may include parts of, or a combination of such lots when adjacent to one another, provided such ground is used for one improvement. All lots shall front on and have ingress 3 and egress by means of a street or public right-of-way. 1.5.15 Lot, Corner: A corner lot shall be any lot abutting two or more streets at their intersection. Minimum frontage shall be required on one street, front yard setbacks shall be required from all streets. 1.5.16 Lot, Depth: The mean distance between front and rear lot lines. 1.5.17 Lot, Front: The front of a lot shall beconsidered to be that boundary of the lot which abuts on a street. In the case of a corner lot, the narrowest boundary fronting on a street shall be considered to be the front of the lot. In case the corner lot has equal frontage on two or more streets, the lot shall be considered to front either on the principal street or on the street on which the greatest number of buildings have been erected within the same block. In the case of any corner lot, access to the lot may be permitted from any street abutting the lot. 1.5.17a Lot Width: The width of any lot shall be no less than the minimum lot frontage dimension as provided in Section 4.2, for a distance equal to the required frontage measured at the 90 degree angle, +/-20 degrees, from the front of the lot as described herein. 1.5.18 Non-Conforming Building: A building, structure, or portion thereof lawfully existing and used at the time this ordinance became effective, which was designed, erected or structurally altered for a use that does not conform to the use regulations of the district in which it is located; or a building or structure that does not conform to all of the intensity regulations of the district in which it is located. 1.5.19 Non-Conforming Use: A use which lawfully occupied a building or portion thereof or land at the time this ordinance became effective and which does not conform to the use regulations of the district in which it is located. 1.5.20 Sign: Any words, lettering, parts of letter figures, numeral phrases, sentences, emblems, devices, trade names or trade marks by which anything is made known, such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or product, which are visible from a public street or right-of-way and used to attract attention. 1.5.21 Story: That portion of a building included between the surface of any floor and the surface of the next floor above it, or if there be no floor above it, then the space between such floor and the ceiling next above it. Any portion of a story exceeding fourteen (14) feet in height shall be considered as an additional story for each fourteen (14) feet or fraction thereof. One-half (1/2) story means any story or space situated, wholly or partly in the roof, so designated, arranged or built to be used for storage or habitation. 1.5.22 Street: A public thoroughfare, thirty (30) feet or more wide between property lines. 1.5.23 Street Line: The dividing line between a street and in the case of a public way, the street line established by a public authority laying out the way upon which the lot abuts. 1.5.24 Structure: Anything constructed or erected which required location on the ground, or attached to something having location on the ground. 4 1.5.25 Recreational Vehicles: A temporary residence used for recreational purposes, house car, camp car, or any portable or movable vehicle on wheels, skids, or rollers, not structurally anchored to a foundation, propelled by an attached vehicle or other propelling apparatus. 1.5.26 Yard: An open space, other than a court, on the same lot with a building or group of buildings and a lot line and is unoccupied and unobstructed from the ground upward. 1.5.27 Yard, Front: A yard extending across the full width of the lot and lying between the front lot line and the lot and the nearest line of the building. The depth of a front yard shall be the minimum distances between the building and the front lot line measured at right anglesto the front line of the lot. 1.5.28 Yard, Rear: A yard extending across the full width of the lot and lying between the rear lot line of the lot and the nearest line of the building. The depth of a rear yard shall be the minimum distance between the building and rear lot line, measured at right angles to the rear line of the lot. 1.5.29 Yard, Side: An open, unoccupied space between the side lot and the nearest line of the building and extending from the front yard to the rear yard, or, in the absence of either such yards, to the front or rear lot lines, as may be. The width of a side yard shall be the minimum distance between the building and the side lot line, measured at right angles to the side line of the lot. 1.5.30 Floor Area Ratio: The floor area ratio is defined as the ratio of gross floor area of all buildings exclusive of parking structures to the total lot area. The gross floor area includes all of the floor area on all floors contained within the outside dimensions of the building. 1.5.31 Open Space: In reference to Table 4.2.2, open space is defined to include: A. Those portions of the lot area devoted to plantings including grass areas. B. Pedestrian oriented paved areas devoted to functional, social or recreational use in common by the residents of the complex, provided that such areas are kept essentially open to the out-of-doors and are at ground level. C. Specifically excluded from this definition of open space are those areas devoted to driveways, parking and service areas whether or not designed for multiple use. 1.5.32 Soil Association 2 (Muck, Whitman, Scarboro Ridgebury): Soils in this Association are very poorly drained organic soils and very poorly, and poorly, drained mineral soils on low-lying nearly level terrain. This soil association has slight limitations for wetland wildlife and for some kinds of recreation use. Many tracts provide suitable habitat for wetland wildlife or the habitat can be improved with relative ease. The area has severe limitations for residential, commercial, or industrial use because of wetness. Nearly all tracts are difficult to drain sufficiently for such uses. In addition, theorganic soils can support only slight weight in comparison to mineral soils. 1.5.33 Exclusive Use Area: See Section 188.8.131.52 1.5.34 Hazardous Waste: Any refuse or material determined to be hazardous waste pursuant to Chapter 21C of the Massachusetts General Laws or the regulations promulgated thereunder 5 at 310 CMR 30.00 et seq.; or any waste or material determined to be hazardous waste pursuant to the by-laws and regulations of Mansfield, if any. 1.5.35 Landfill: Any refuse dumping ground, sanitary landfill, solid waste landfill, or any other works or facility that disposes or places refuse into the land and is subject to Section 150A of Chapter 111 of the General Laws of Massachusetts. 1.5.36 Person: Any public or private corporation, individual, trust, firm, joint stock company, joint venture, partnership, association, or other entity, and any officer, employee or agent of said person, and any group of said persons. 1.5.37 Refuse: All solid or liquid waste materials, including garbage and rubbish, refuse incinerator ash and sludge, but not including sewage, and those materials defined as hazardous wastes in Section 2 of Chapter 21C of the Massachusetts General Laws and those materials defined as source, special nuclear or byproduct material under the provisions of the Atomic Energy Act of 1954. 1.5.38 Regulated Refuse Incinerator: A refuse incinerator rated by the Massachusetts Department of Environmental Protection ("DEP") at more than one ton of refuse per hour or other facility for incinerating refuse that is subject to Section 150A of Chapter 111 of the Massachusetts General Laws. 1.5.39 Nonregulated Refuse Incinerator: A refuse incinerator which is not governedby Section 150A of Chapter 111 and Section 9 of Chapter 40A, as enacted at time of this by-law's adoption, and more particularly defined as a refuse incinerator rated by the Massachusetts Department of Environmental Protection ("DEP"), or representedby the facility applicant in the absence of a DEP rating, at one ton per hour or less of refuse incineration. 1.5.40 Base Flood: The flood having a one percent (1%) chance of being equaled or exceeded in any given year. 1.5.41 Development: 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. 1.5.42 Federal Emergency Management Agency (FEMA): Administers the National Flood Insurance Program. FEMA provides a nationwide flood hazard area mapping study for communities as well as regulatory standards for development in the flood hazard areas. Amended: 2009 1.5.43 Flood Hazard, Area of Special: The land in the flood plain within the Municipal boundaries of the Town of Mansfield subject to a one percent or greater chance of flooding in any given year. The area is designated as Zone A and AE on the FIRM dated July 7, 2009. 1.5.44 100-Year Flood: See: Base Flood 1.5.45 Overlay District: A set of zoning requirements that is imposed in addition to those of the underlying district. Development within the overlay districts or the more restrictive of the two. 6 Amended: 2009 1.5.46 Special Hazard Area: An area having special flood and/or flood related erosion hazards, and shown on the FIRM as Zone Aand AE. 1.5.47 Substantial Improvement: Any repair, reconstruction, or improvement of a structure, the cost of which includes or exceeds 50 percent of the market value of the structure either, (a) before the improvement or repair is started, or (b) if the structure has been damaged, and is being restored, before the damage occurred. 1.5.48 Temporary Use: A use permitted by right in all districts in this by-law lasting a limited amount of time. For the purposes of this by-law, a limited amount of time shall mean no more than fe (10) consecutive days and a total of not more than ten (10) days within any given calendar year. Temporary use shall be limited to the following: temporary non-commercial fair, festival, auction, or flea market. All temporary uses shall be strictly limited to usual and customary not- for-profit, fraternal, or charitable organizations. The Board of Selectmen, acting as Special Permit Granting Authority, may authorize by special permit in accordance with the Section 5.5, Special Permit provisions of the Zoning ByLaw, a temporary use in the I-1 zoning district to be conducted by a Mansfield Non-Profit Organization for up to an additional one time per permit forty five (45) consecutive days beyond the ten (10) consecutive days allowed in the preceding paragraph, provided that the such special permit for additional days may only be granted in conjunction with the grant of an entertainment or festival license by the Selectmen under M.G.L. c. 140. Such a Special Permit shall be issued only to the Mansfield Non-Profit Organization conducting the temporary use, is non-transferable, and does not revert to or run with the title of the land upon which such a temporary use is conducted. For the purposes of this paragraph, a Mansfield Non-Profit Organization is defined as a not-for-profit, fraternal or charitable organization based in Mansfield and whose primary purpose is to provide cultural, social, educational, religious or recreational opportunities for Mansfield residents. If the Attorney General deems any part of this article unlawful then the entire article shall be null and void. Added: 2007 1.5.49 Reconstruction: The demolition of a structure and the rebuilding of a new structure on the same lot 2.0 DISTRICTS 2.1 CLASSES For the purposes of this Zoning By-Law, the Town of Mansfield is hereby subdivided into the following districts: Residence 1 Natural Resource and Scenic Residential Residence 2 Medium Density Residential Residence 3 Higher Density Residential RD Reservoir District Business 1 Central Business Business 2 Downtown Mixed Use Business 3 Highway Business Planned Business District Industrial Park Industrial 1 Higher Density Industrial Industrial 2 Limited Industrial Industrial 3 Mixed Use Industrial A Airport SGWRPD Surface and Ground Water Resource Protection District FPD Flood Plain Overlay District 2.2 BOUNDARIES The boundaries of each of the said districts shall be continued as shown, defined and bounded on the 7 Zoning By-Law map as effective on October 16, 1989, with amendments on file in the office of the Town Clerk of the Town of Mansfield, all explanatory matter on said map or maps shall continue to be part of the Zoning By-Law. 2.2.1 Where the boundary lines are shown upon said Map within the street line of public and private ways, the center lines of such ways shall be the boundary lines. 2.2.2 Where the boundary lines are shown approximately on the location of property or lot lines, and the exact location of property, lot and boundary lines is not indicated by means of dimensions shown in figures, then the property or lot lines shall be the boundary lines. 2.2.3 Boundary lines located outside of such street lines and shown approximately parallel thereto shall be regarded as parallel to such street lines, and dimensions shown in figures placed upon said map between such boundary lines and street lines are the distance in feet to such boundary lines from such street lines, such distances being measured at right angles to such street lines unless otherwise indicated. 2.2.4 In all cases which are not covered by other provisions of this Section, the location of boundary lines shall be determined by the use of identifications as shown on the map, or by the scale of said map. 2.2.5 The Surface and Ground Water Resource Protection Districts are those areas so designated on a map entitled Surface and Ground Water Resource Protection Districts" at a scale of 1"-2,083' dated February 1992 and revised March 1993. This map is hereby made part of the town Zoning By-Law and is on file in the Office of the Town Clerk. 3.0 PRINCIPAL USE REGULATIONS 3.1 GENERAL PROVISIONS: Except as provided by the Zoning Act, in each district no land, structure or building shall be used except for the purposes permitted in the district as set forth in Section 3 and the Schedule of Principal Use Regulations unless otherwise specifically permitted in this by- law. It is the intent of this by-law to prohibit in any district any use which is not specifically permitted herein and those uses denoted in the Schedule of Principal Use Regulations by the letter "N". A use listed in the Schedule of Principal Use Regulations is permitted as of right in any district under which it is denoted by the letter "Y". If denoted by "S1" the use may be permitted by special permit from the Board of Appeals; if denoted by "S", the use may be permitted by special permit of the Planning Board. Where any uses permitted asof right are followed by the letter "Y" in the column "SPA" site plan approval is required in accordance with Section 5.3 and where the letter "N" appears site plan approval is not required. 3.1.1 Schedule of Principal Use Regulations: See Pages 22 through 24 3.2 CLASSIFICATION OF EXTENSIVE USES 3.2.1 Agriculture: Land for primary use of agriculture, horticulture, viticulture and, if upon more than two acres, a commercial farm for the raising of cattle, horses, sheep, goats, poultry or a farmstand for the sale of farm products. 8 3.2.2 Greenhouse: A commercial greenhouse, salesroom or stand for the cultivation and sale of nursery or garden products. 3.2.3 Conservation: Land and water resource management, passive recreation and preservation of wildlife. 3.2.4 Recreation: A recreation facility owned or operated by a non-governmental agency including some or all of the following uses: a golf course, riding stable, playground and play fields, a swimming pool, tennis or basketball court(s). In addition, temporary outdoor recreational events such as festivals or fairground type events may be permitted. A riding stable located upon five (5) or more acres of land is exempt from the provisions of this by-law. No indoor or outdoor active recreation area or parking for same shall be located any nearer the lot line than the minimum building setback, or landscaping and buffering area setback, whichever is greater. 184.108.40.206 Recreation, Mansfield Non-Profit: a recreation facility/area not run for private gainful business and operated by a non-governmental agency or organization, whose primary purposes is to provide opportunities to Mansfield residents. 3.2.5 Earth Removal: Removal in accordance with the provisions of the Section 5.2. 3.2.6 Forestry: Cultivating and harvesting of forest products including, if upon more than five acres, the sale of firewood. 3.3 CLASSIFICATION OF RESIDENTIAL USES 3.3.1 Single Family Dwelling: A detached dwelling unit designed and used exclusively as a single housekeeping unit with common cooking and living facilities. No more than one building for dwelling purposes shall be located upon a lot except as provided pursuant to Section 3.3.8. 3.3.2 Two-family Dwelling: A building containing two dwelling units and designed for two families. 3.3.3 Accessory Apartments: A single family dwelling existing prior to January 1, 1989 may be altered and used for two dwelling units provided that it meets the requirements of Section 3.9. 3.3.4 Multiple Residence: A building containing three or more dwelling units for families, which dwelling units contain kitchen and toilet facilities. 3.3.5 Rowhouse, Townhouse: A building comprising three or more attached dwelling units separated by party walls. 3.3.6 Cluster Residential; Residential development in accordance with Section 5.5. 3.3.7 Residential Compound: Residential development in accordance with Section 5.7. 3.3.8 Recreational Vehicle Storage: Outdoor parking or storage of not more than one uninhabited recreational vehicle. 9 3.3.9 Assisted Care Retirement Facilities: A Residential Facility which provides services exclusively to residents 55 years or older, in a managed residential community. Such a development must include the following: A. The facility shall be located on a lot of not less than ten (10) acres under one ownership. B. No site shall accommodate more than two hundred and fifty (250) units or exceed a density of ten (10) units per acre. C. Each site shall contain at least thirty-five percent (35%) of the total lot area as permanent open space, which shall not include land devoted to streets or parking areas, but may include land within the minimum setback areas required herein. D. Included within the open space requirement set forth in subsection (C) above, the planning department shall require the development of outside recreation areas suitable to serve the occupants of the assisted living facility. Such recreation area shall contain at least one hundred (100) square feet of lot area for each unit proposed with a minimumof six thousand (6,000) squarefeet landscaped providing benches, walkways, site lighting and beneficial views, shielded from traffic. E. Public sanitary sewer and public water shall be required. F. All utilities shall be underground. G. All outside utilities and mechanicals shall be fenced and screened from view by suitable shrubbery and/or construction of a closed picket or screen-type fence. All dumpsters are to be located on a concrete pad and enclosed with a privacy fence. H. Buildings shall be residential in appearance and shall be in harmony with the Surrounding properties. No wing of a building shall exceed a length of three hundred (300) feet, no wall of such building shall exceed one hundred (100) feet in length in an unbroken plane without offset of at least four (4) feet. No building shall exceed forty (40) feet in height and total building footprint coverage shall not exceed twenty percent (20%) of the total lot area. I. No building shall be constructed within seventy-five (75) feet of any public street and fifty (50) feet of any other property. Suitable buffer plantings shall be provided to assure maximum privacy to the residents and to the occupants of adjoining properties, in accordance with the requirements for landscaping and screening of the Mansfield Zoning By-law or any other applicable by-law. J. Parking for Assisted Care Retirement Facility shall be one-half (1/2) space per unit and one (1) space for every 6,000 square feet of building space for employee and visitor parking. K. Assisted Care Retirement Facility units shall be limited to occupancy by no more 10 than two (2) persons who are 55 years of age or older and each community shall have common space of not less than one-hundred and fifty (150) square feet for each dwelling unit, which shall consist of dining rooms, kitchen facilities, medical, dental or clinical care rooms, meeting or activity rooms, recreation rooms, and similar uses in support of those living in the facility. L. Any Assisted Care Retirement Facility must meet the requirement for an assisted living residence as outlined by the Executive Office of Elder Affairs Commonwealth of Massachusetts in Massachusetts General Law Chapter 19A, Section 6 and ST 1994, Chapter 354, Section 10 or Regulation No. 651 CMR 12.00. M. A traffic study shall be submitted to the planning board for its review and approval. 3.3.10 Residential Facilities for Residents Fifty-Five (55) Years of Age or Older A residential facility which provides housing units exclusively for residents 55 years of age or older. Such a facility must include the following: Amended: 2006 A. The facility shall be located on a parcel, or contiguous parcels, of land which has a total acreage of not less than six (6) acres. B. No site shall accommodate more than 100 units nor exceed a density of ten (10) units per acres of upland land area. C. Each site shall contain at least 35% of the total area as permanent open space, which shall not include land devoted to streets or parking area, but may include land within the minimum setback areas required herein. D. Deed Description: A deed or other recorded instrument shall be filed showing the applicant to be the owner of the land to be designated as a Residential Facility for persons 55 years of age or older and that the land is in single or consolidated ownership at the time of final plan application. E. Common Open Space Instrument: In order to ensure that the corporation, non- profit organization or trust will properly maintain the common open space, an instrument(s) shall be recorded at the Bristol North District Registry of Deeds which shall, at a minimum provide: 1. A legal description of the common open space; 2. A statement of the purpose for which the common open space is intended to be used and the restriction on its use and alienation; 3. The type and name of the corporation, non-profit organization or trust of each owner of a dwelling in the cluster development and a provision that such ownership or beneficial interest shall be appurtenant to the dwelling to which it relates and may not be conveyed or encumbered separately therefrom; 4. Provisions for the number, term of office, and the manner of election to office, 11 including but not limited to: an adult day care or respite facility to provide short-term custodial care to individuals with special needs; food services; social, psychological, and educational programs; twenty-four hour supervision; and nursing care as appropriate, all with the purpose of assisting the individual to continue to develop and to overcome the limitations imposed by his or her condition, and providing the individual's family or other care-giver a respite from the provision of such care; B. a congregate housing or assisted-living facility, providing a sheltered living environment for the aged, chronically ill, or disabled, including such services as housekeeping; cooking and common dining; social, psychological, and educational programs; assistance with personal needs; and crisis intervention, all with the purpose of assisting each resident to continue to develop and to lead a productive and fulfilling life; C. independent living facilities providing private living and dining accommodations to persons, fifty-five (55) years of age or older, also including common areas and the provision of social, psychological, and educational programs and crisis intervention as needed, all with the purpose of providing an environment in which older persons can continue to derive the personal and psychological benefits of independent living while also enjoying the substantial social and educational benefits of community living; D. home health care facilities serving as a base for the provision of medical, nutritional, social, psychological and educational services for the aged, chronically ill, or disabled; E. multipurpose facilities for resident and non-resident senior citizens, which may include social, educational, wellness, counseling, recreational, outreach, and other activities; F. facilities for the provision of ancillary services to residents of the development, which may include, but are not limited to, a beauty parlor/barber shop, convenience store, ice cream parlor, bank, exercise center, and other such services provided that such services shall be available only to resident, their guests, and employees and not to members of the general public. 3.4.8 Public Service Utility: The use of land, buildings and structures by a public service corporation provided that in the residence districts the use is essential to the service of the residential area in which it is located. 3.4.9 Aviation: Activities including and related to the operation of a general aviation airport for the cooperation, fueling, maintenance and storage of aircraft. 3.4.10 Temporary Use: See Definition in 1.5.48. 3.5 CLASSIFICATION OF BUSINESS USES 3.5.1 Retail Store: Store(s) for the display and sale of merchandise within a building including but not limited to: grocery, deli, bakery and package stores, drugstore, book, stationery and gift shop, antique shop, florist, pet shop, television and radio sales, 14 skating rink with the exception of adult motion picture theaters which are allowed by Special Permit only. 3.5.16 Auto Service Station: Open air sale of motor vehicle fuel, related products and services provided that all maintenance and services, other than minor service and repair, shall be conducted entirely within a building. 3.5.17 Auto Repair and Body Shop: Establishment where the principal service is the repair and painting of motor vehicles. 3.5.18 Car Wash: Establishment for washing, waxing or cleaning of automobiles or similar light motor vehicles. 3.5.19 Vehicular Dealership: Salesrooms and related dealership facilities for automobiles, trucks, boats, motorcycles, farm implements, light industrial equipment or open air display(s) for new and used vehicles. 3.5.20 Parking Facility: Commercial parking lot or parking garage. 3.5.21 Home Occupation: Home occupation shall be any use which is conducted solely by the inhabitants of the building and carried on strictly within the principal building. The occupation shall be situated in the same dwelling used by the person as his private residence. Any such home occupation shall not be detrimental or objectionable to the residential character of the neighborhood, including but not limited to the altering of the exterior appearance of said building, increasing vehicular traffic, cause the emission of odor, gas or smoke, cause glaring or unshaded lights, excessive dust, noise, or cause electrical disturbances, including interference with the reception of television transmissions. An accepted off-street parking plan shall be provided where additional vehicles will be attributed to the home occupation. 3.5.22 Motor Vehicle Salvage: Cast off, or discarded vehicles or vehicular parts which have been collected or stored for salvaging or conversion to some use. 3.5.23 Research and Development: A use or facility for scientific study that may include laboratory and manufacturing uses to support research efforts and manufacturing processes. 3.5.24 Biotechnology Facility: A use or facility for the application of scientific study of biological and life processes for medical instruction and commercial purposes. Added: 2007 220.127.116.11 Drive-Up Window: A commercial facility where a customer may drive a motor vehicle onto the premises and to a window or a mechanical device through or by which the customer is provided service without exiting the vehicle. This shall not include the sale of fuel at a gas filling station or the accessory functions of a car wash facility, such as vacuum cleaning stations. 3.6 CLASSIFICATION OF INDUSTRIAL USES 3.6.1 Warehouse: Warehouse or other building for the storageor wholesale marketing of 16 ment of the applicant to reasonably cooperate with other wireless communications services providers in permitting collocation of antennas on such structure on commercially reasonable terms, unless: (a) there are structural or other limitations which make it unfeasible to accommodate the proposed facility: or (b) the proposed facility would interfere with the wireless communications of one or more existing occupants at the site, including the applicant. 18.104.22.168.6Structures shall be removed within one (1) year of cessation of use. Annual certification demonstrating continuing compliance with the standards of the Federal Communications Commission, Federal Aviation Administration and the American National Standards Institute and required maintenance shall be filed with the Inspector of Buildings by the Special Permit holder. Added 2009 22.214.171.124.6.1Special Provisions for a Gap in Wireless Coverage The Planning Board is authorized to issue a special permit for a wireless communications facility in accordance with this by-law in districts where a wireless communications facility is otherwise prohibited under the Schedule of Principal Use Regulations subject to the following terms and conditions: a The Planning Board, after public hearing and presentation of substantial evidence by the applicant, determines that a significant gap in wireless coverage exists in a portion of the town,; and that to disallow the location/construction/placement of a wireless communication facility within a zoning district where a wireless communication facility would not be permitted would be an effective prohibition of said use and a violation of Section 704 of the Federal Telecommunications Act of 1996. b An applicant for a significant gap in wireless coverage determination must submit such information as may be required, such as mapping of existing areas of coverage, maps depicting location of wireless coverage gaps, reports, affidavits and other supplemental narrative information from a suitably qualified radio frequency engineer(s) or other industry specialist to clearly demonstrate a gap in coverage exists and there are no other suitable locations for the placement of a wireless communication tower to close the gap. The Planning Board may require an applicant for a gap in wireless coverage determination to pay the costs and expenses of an expert or other consultant deemed necessary by the board to provide peer review and comment upon the application. c An application for a special permit relying upon a significant gap in wireless coverage determination shall comply with all applicable requirements of Section 3.6.7, Wireless Communication Towers, and Section 5.5, Special Permits, of the Mansfield Zoning By-Law. 19 126.96.36.199.1 Applications for Special Permits shall be approved or approved with conditions if the petitioner can fulfill the requirements of this section and Section 5.5 to the satisfaction of the Board. 188.8.131.52.2 Applications for Special Permits may be denied if the petitioner cannot fulfill or address the requirements of these regulations to the satisfaction of the Board. 184.108.40.206.3 When considering an application for a wireless communication tower, the Board shall place great emphasis on the proximity of the facility to residential dwellings and its impact on these residences. New facilities shall only be considered after a finding that existing (or previously approved) facilities cannot accommodate the proposed use(s). 220.127.116.11.4 When considering an application for an antenna or dish proposed tobe placed on an existing structure, the Board shall place great emphasis on the visual impact of the unit from the abutting neighborhoods and street(s). 23 SCHEDULE OF PRINCIPAL USE REGULATIONS RESIDENTIAL BUSINESS P INDUSTRIAL DISTRICTS DISTRICTS B DISTRICTS 1 2 3 R 1 2 3 D 1 2 3 A SPA 3.2 EXTENSIVE USES 3.2.1 Agriculture Y Y Y Y Y Y Y Y Y Y Y * N 3.2.2 Greenhouse Y Y Y Y Y Y Y Y Y Y Y * N 3.2.3 Conservation Y Y Y Y Y Y Y Y Y Y Y * N 3.2.4 Recreation S S S S S S S S S S S S Y 18.104.22.168 Recreation, Mansfield Non-Profit S S S S Y Y Y Y Y Y Y Y Y 3.2.5 Earth Removal N N N N N N N S S S S * Y 3.2.6 Forestry Y Y Y Y Y Y Y Y Y Y Y * N 3.3 RESIDENTIAL 3.3.1 Single Family DwelliYg Y Y Y S Y N N N Y1 Y N N 3.3.2 Two-Family Dwelling N N Y N N Y N N N N Y N N 3.3.3 Accessory ApartmentsS S S S S S N N N NN S N Y 3.3.4 Multiple Residence N N N S S S N N N N Y N Y 3.3.5 Rowhouse, Townhouse N N N S S Y N N N N Y N Y 3.3.6 Cluster Residential S S S S S S N N N S1 S N N 3.3.7 Residential CompoundS N N N N N N N N N N N N 3.3.8 Recreation Vehicle Storage Y Y Y Y Y Y Y N Y Y Y Y Y 3.3.9 Assisted Care Retirement FacilityN S N N N N N N N N N N Y 3.3.10 Residential Facilities for Residents 55 Years or Older N S N S N N S N N N N N Y 3.4 GOVERNMENTAL, INSTITUTIONAL AND PUBLIC SERVICE USES 3.4.1 Municipal Use Y Y Y Y Y Y Y Y Y Y Y * Y 3.4.2 Educational Y Y Y Y Y Y Y Y Y Y Y * Y 3.4.3 Religious Y Y Y Y Y Y Y Y Y Y Y * Y 3.4.4 Philanthropic S S S S Y Y Y Y Y Y Y N Y 3.4.5 Day Care Center Y Y Y Y Y Y Y Y Y Y Y N Y 3.4.6 Hospital, Nursing HoNe N S S Y Y Y N Y Y Y N Y 3.4.7 Community Life Care Center N S N N N N N N N N N * Y 3.4.8 Public Service UtiliSy S S S Y Y Y Y Y Y Y * Y 3.4.9 Aviation N N N N N N N N N N N * Y 3.4.10 Temporary Use Y Y Y Y Y Y Y Y Y** Y Y Y N 1 = South of Route 106 only, [as a By-Right use] at density allowed in Residence 1 district. * = Uses in accordance with Airport Master Plan approved by Town Meeting. **Temporary Use for more than five (10) days in the I-1 zone only, may be permitted by special permit as provided in Section 1.5.48. S = Special Permit of the Planning Board SPA = Site Plan Approval Required 24 SCHEDULE OF PRINCIPAL USE REGULATIONS RESIDENTIAL BUSINESS P INDUSTRIAL DISTRICTS DISTRICTS B DISTRICTS 1 2 3 R 1 2 3 D 1 2 3 A SPA 3.5 BUSINESS USES 3.5.1 Retail Store N N N S Y Y Y N1 S S Y * Y 3.5.2 Mall N N N N N N N N S N N * Y 3.5.3 Office N N N S Y Y Y Y Y Y Y * Y 3.5.4 Bank N N N S Y Y Y Y Y Y Y * Y 3.5.5 Restaurant N N N S Y Y Y S2 S N Y * Y 3.5.6 Fast Food RestauranN N N N N N N N S N N * Y 3.5.7 Hotel/Motel N N N S S S S S S S S * Y 3.5.8 Lodge and Club S S S S Y Y Y N Y Y Y N Y 3.5.9 Funeral Home S S S S Y Y Y N Y Y Y N Y 3.5.10Vet Clinic/HospitalN N N S S S S N S S S N Y 3.5.11Kennel S N N N N N N N S S S * Y 3.5.12Personal Service ShN N N S Y Y Y N3 S S Y * Y * 3.5.13Craft Shop and Building Trade N N N N Y Y Y Y Y Y Y * Y 3.5.14Com./Trade School N N N S Y Y Y Y Y Y Y * Y 3.5.15Amusement Facility N N N S Y Y S N N N S N Y 3.5.16Auto Service StatioN N N N S S N N S S S * Y 3.5.17Auto Repair/Body ShN N N N S S S N S S S * Y 3.5.18Car Wash N N N N N N S N N N S N Y 3.5.19Vehicular DealershiN N N N S S S N S S S N Y 3.5.20Parking Facility N N N S Y Y Y N S S S * Y 3.5.21Home Occupation Y Y Y Y Y Y Y Y Y Y Y Y Y 3.5.22Motor Vehicle SalvaN N N N N N N N S N N N Y 3.5.23Research&DevelopmenN N N N N N N Y Y Y Y N Y 3.5.24Biotechnology N N N N N N N Y Y Y Y N Y 3.5.25Adult Bookstore N N N N N N N S N N N N Y 3.5.26Adult Motion Picture Theater N N N N N N N S N N N N Y 3.5.27Adult Paraphernalia Store N N N N N N N S N N N N Y 3.5.28Adult Video Store N N N N N N N S N N N N Y 3.5.29Adult Cabaret N N N N N N N S N N N N Y *=Uses in accordance with Airport Master Plan approved by Town Meeting. 1Ancillary retail use is permitted by right, up to a maximum of 5% (five percent) of the total gross floor area or 2,500 square feet, whichever is less, provided that goods sold are related to the primary use. 2Ancillary restaurant use is permitted by right, up to a maximum of 5% (five percent) of the total gross floor area or 1,000 feet, whichever is less. 3 Ancillary personal service shop use is allowed by right, up to a maximum of 5% (five percent) of the total gross floor area or 2,500 square feet, whichever is less. S=Special Permit of the Planning Board / SPA=Site Plan Approval Required 25 SCHEDULE OF PRINCIPAL USE REGULATIONS RESIDENTIAL BUSINESS P INDUSTRIAL DISTRICTS DISTRICTS B DISTRICTS 1 2 3 R 1 2 3 D 1 2 3 A SPA 3.6 INDUSTRIAL USES 3.6.1 Warehouse N N N N N N N Y Y S Y * Y 3.6.2 Bulk Material Storage/Sales N N N N N N Y N Y Y Y * Y 3.6.3 Light ManufacturingN N N N N N N Y Y Y Y * Y 3.6.4 General ManufacturiN N N N N N N Y Y Y S * Y 3.6.5 Regulated Refuse Incin- erator N N N N N N N S S N N N Y 3.6.6 Nonregulated Refuse Incinerator N N N N N N N N N N N N N 3.6.7 Exterior Wireless Communication Facility N N N Y N N N Y Y S S N Y 3.6.7bInterior Wireless Communication Facility N N N Y Y Y Y Y Y Y Y N Y 3.6.7cFree-Standing Wireless Communication Facility N N N S N N N S S N N N Y 3.6.8 Self and Mini StoraNe N N N N N Y N Y Y S * Y 3.7 CLASSIFICATION OF OTHER USES 3.7.1 Older Building ReusS S S S S S S N S S S * Y 3.7.2 Mixed Bus/Res. Use N N N N Y S N N N N S * Y 1=South of Route 106 only, [as a By-Right use] at density allowed in Residential 1 district. *=Uses in accordance with Airport Master Plan approved by Town Meeting. S=Special Permit of the Planning Board SPA=Site Plan Approval Required 26 3.7 CLASSIFICATION OF OTHER USES 3.7.1 Older Building Reuse: The Planning Board may grant a special permit to convert any building containing more than two thousand (2,000) square feet of floor area andbuilt prior to February, 1953, a public school building, or other municipal building in its entirety for uses allowed in the district in which it is located regardless of development density provided (1) there is sufficient parking in accordance with Section 4.4 of this by- law, (2) the Planning Board finds that the site, architectural and landscape plans and conditions of approval are sufficiently advantageous to the Town to grant a special permit, and 3) no additions to the building are allowed, except for minimal additions necessary to comply with building, safety and health codes, or for the reasonable use of the building. 3.7.2 Mixed Business and Residential Use: In the Business 1 (B1), Business 2 (B2) and Industrial 3 (I3) Districts, both non-residential and residential uses are permitted on the same lot in conformance with Section 4.2.2. 3.8 ACCESSORY USES 3.8.1 Yards and Coverage A. A detached accessory building may be erected in the rear yard area at least ten (10) feet from the principal building and at least five (5) feet from any side or rear lot line, and in conformance with the front yard requirement of the district in which it is located. An accessory building attached to its principal building shall be considered an integral part thereof and as such shall be subject to the front, side and rear yard requirements applicable to the principal building. B. A detached accessory building may cover as much as twenty-five (25) percent of the rear yard area required for the principal building. C. That a permit for the use of a home trailer may be granted immediately (by-passing the three week waiting period) upon request by any family whose home has been destroyed and/or badly damaged by fire and/or rendered unfit to beoccupied for the duration of restoration and/or complete construction for a maximum limit of one year, renewable at the discretion of the granting authority. 3.8.2 Garages A garage or storage space for private motor vehicles, attached(an integral part of the structure) or detached (an accessory building) shall be considered as an accessory building and may provide space as follows: 22.214.171.124 For Residence 2 and 3 Districts and for dwellings in any business district, for as many as three (3) cars subject to the provisions of paragraphs A and B of this section. 126.96.36.199 For Residence 1 Districts, for as many as three (3) cars and for necessary farm equipment subject to the provisions of paragraphs A and B of this section. 3.9 ACCESSORY APARTMENTS-Special Permit Use 3.9.1 The Special Permit Granting Authority shall not issue a special building permit for a newly created accessory apartment in a detached, one family dwelling unless the 27 following conditions and requirements are met. 3.9.2 The owner of the dwelling in which the accessory apartment is created shall occupy either of the dwelling units in the structure. For the purposes of this section, the "owner" shall hold title to the dwelling, and for whom the dwelling is the primary residence for voting and tax purposes. In addition, at least one of the two units shall be occupied by a person(s) at least fifty-five (55) years of age or older. 3.9.3 There shall be no more than one accessory apartment within a one-family dwelling. 3.9.4 There shall be no additional boarders or lodgers within either unit of a dwelling with an accessory apartment. 3.9.5 The gross floor area of the dwelling shall have been at least 2,000 square feet as of January 1, 1989, which amount shall be verified in the records of the Building Inspector or Board of Assessors. 3.9.6 The maximum gross floor area of the accessory apartment shall not exceed 40 percent of the gross floor area of the dwelling as of January 1, 1989. 3.9.7 There shall not be more than one bedroom in an accessory apartment. 3.9.8 Where the structure is not connected to the public water and/or sanitary sewer systems, the applicant shall obtain a positive recommendation from the Board of Health. 3.9.9 The accessory apartment shall be designed so that the appearance of the structure remains that of a one family dwelling, subject further to the following conditions and requirements: 188.8.131.52 All stairways to second and third stories shall be enclosed within the exterior walls of the dwelling. With the exception of an open staircase which may be permitted at the rear of the building when in the opinion of the Planning Board such an open staircase does not detract from the single-family character of the building. 184.108.40.206 There shall be no enlargements or extensions of the dwelling in connection with any accessory apartment except for minimal additions necessary to comply with building, safety or health codes, or for enclosure of an entryway, or for enclosure ofa stairway to a second or third story, or the addition of a deck or porch, which may be permitted at the rear of the building when in the opinion of the Planning Board such a deck or porch does not detract from the single-family character of the building. 220.127.116.11 Each parking space and the driveway leading thereto shall be paved or shall have an all-weather gravel surface. No motor vehicles shall be regularly parked on the premises other than in such a parking space. 18.104.22.168 All parking spaces shall be either 1) outdoor parking spaces located in a side or rear yard or 2) in a garage or carport. 22.214.171.124 There shall be no more than four outdoor parking spaces on the lot. 126.96.36.199 No parking space shall be located within the boundary of a street right-of-way. 28 188.8.131.52 Where there are more than two outdoor parking spaces, they shall be screened with evergreen or dense deciduous plantings, walls, fence, or a combination thereof. Screening shall be sufficient to minimize the visual impact on abutters andto maintain the single family appearance of the neighborhood. 3.10 NON-CONFORMING USES 3.10.1 A non-conforming use is the use of any building or land lawfully occupied at the time of the adoption of this by-law which does not conform to the requirements of the district in which it is located. 3.10.2 Any building, part of a building, or land which at the time of the adoption of this by- law is being put to a non-conforming use may be: 3.10.3 Continued in that use provided such use has not been abandoned for a period of one year. 3.10.4 A. In all districts the change, extension or alteration of a pre-existing non- conforming structure or use may be allowed when authorized to do so by the Zoning Board of Appeals in accordance with the provisions of Section 7.2 Board of Appeals after a public hearing, provided, however, that such change, extension, or alteration does not create a new non-compliance with any other use or dimensional requirement of this by-law. B. Change, extension, or alteration of a non-conforming residential structure may be permitted after a finding in accordance with Section 7.2 Board of Appeals, paragraph 7.2.2. D. Findings. C. Any change, extension, alteration, or reconstruction to a pre-existing, non- conforming single or two-family residential structure shall not be considered an increase in the non-conforming nature of the structure and shall be permitted by right under the following circumstances: a.) For the normal repair or replacement of parts of said structure; b.) When the change, extension, alteration, or reconstruction will also comply with all applicable sections of the Zoning By-Laws in effect at the time of the application for a Building Permit, if the existing structure is located on a lot which is non-conforming as the result of a previous zoning change; c.) When the change, extension, alteration, or reconstruction will comply with all applicable sections of the Zoning By-Law in effect at the time of the application for a Building Permit, including, but not limited to, setbacks, yard & building coverage, and height requirements. In cases where the applicant seeks to increase the height of a structure that encroaches on a required setback, where any increase in height will occur within such encroachment, there shall be no change, extension, alteration, or reconstruction as of right under this section, and Section 3.10.4.B shall apply. 3.10.5 Changed to a similar use or to a more restricted use, provided that when changed it shall not be returned to a less restricted use. 29 3.10.6 Rebuilt or restored at the same location and again used as previously in the case of a building destroyed or damaged by fire, explosion or other catastrophe, provided that said owner shall apply for a building permit and start operations for restoring or rebuilding on said premises within twelve (12) months after such catastrophe; and further provided that the buildings as restored shall be only as great in volume or area as the original non-conforming structure, unless relief has been granted in accordance with paragraph 7.2.2. 3.11 PROHIBITED USES All other uses which, based on the opinion of public safety officials as well as appropriate Town boards and committees, may be hazardous or injurious to the com- munity or to properties in the vicinity are expressly prohibited in all zoning districts in the Town as are all uses not specifically permitted by this by-law. 4.0 INTENSITY REGULATIONS 4.1 Requirements 4.1.1 A dwelling, building, or any structure hereafter erected in any district shall be located on a lot having no less than the minimum requirements set forth in the Schedule in Section 4.2.1 and 4.2.2. No existing lot shall be changed as to size or shape so as to result in the violation of these requirements. 4.1.2 A lot or parcel of land having an area or a frontage of less amounts than required by the following schedule may be considered as coming within the area and frontage requirements of this section, provided such lot or parcel of landhas an area of not less than 5,000 square feet and a frontage of not less than 50 feet and was shown on a plan or described in a deed duly recorded or registered at the time of adoption of this by-law and did not at the time of such adoption adjoin other land of the same owner available for use in connection with such lot or parcel. 4.1.3 The minimum front yard dimensions required in the following schedule are to be measured from the street line where a plan of the way or street is on file with the Registry of Deeds or in Town records or in the absence of such a plan, from the line 25 feet from a parallel with the center line of the traveled way. 4.1.4 The limitation on height of buildings and structures shall not apply in any district to spire, domes, steeples, radio towers, chimneys, broadcasting and television antennas, bulkheads, cooling towers, ventilators--when the preceding are accessory and subordinate to the primary use, and other appurtenances or ornamental features usually carried above the roof, which features are in no way used for living purposes, not to farm buildings, churches, municipal, or institutional buildings, except as all structures located in airport approach zones are restricted as provided in Section 4.6. The height of wireless communications towers as described in Section 3.6.7 of this by-law shall be restricted as provided in Section 3.6.7. 4.1.5 Each dwelling unit, wherever located, shall have a minimum of six hundred (600) square feet of interior floor area, exclusive of cellars, said area to be measured to the exterior walls of the structures, provided that the Board of Appeals may issue a temporary permit for occupancy of a building or structure with less floor area of for a trailer coach situated outside of a trailer coach park for a single period not to exceed 30 twelve (12) months, provided the Rules and Regulations of the Board of Health are complied with. Such temporary permit shall not be renewable. 4.1.6 Any lot located within and containing a habitable structure in the Agriculture Zone and duly recorded in the Bristol County Registry of Deeds on or before July 1, 1975, can be subject to the front yard setback requirements of thirty (30) feet from the right-of-way line and fifteen (15) feet from th
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