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ZONING BY-LAWS OF THE TOWN OF CLINTON REVISEDAND RE-CODIFIEDTOAGREEWITHCURRENT Mass General Laws and Statutes Approved at Town Meeting June 18, 2001 AppbAttorneyGeneralOctober9. 2001 O Prr?~ TOWCLERK ZONING BY-LAW TOWN OF CLINTON, MASSACHUSETTS ADOPTED BY TOWN MEETING JUNE 18, 2001 Table of Contents SECTION 1000. PURPOSE AND AUTHORITY 1100. PURPOSE. 1200. AUTHORITY. 1300. SCOPE. 1400. APPLICABll.JTY. 1500. AMENDMENTS .. 1600. SEPARABILITY. SECTION 2000. DISTRICTS 2100. ESTABLISHMENT. 2200. OVERLAY DISTRICTS. 2300. MAP. 2310. Rules for interpretation of zoning district boundaries. 2320. Amendment. SECTION 3000. USE REGULATIONS 3100. PRJNCIPAL USES. 3110. Symbols. 3120. If Classified Under More than One Use. 3130. Table of Use Regulations. 3200. ACCESSORY USES 3210. Permittedccessory Uses in AUDistricts. 3220. Nonresidential Accessory Uses. 3230. Residential Accessory Uses. 3240. Prohibited Accessory Uses. I 3300. HOME OCCUPATIONS 3310. Home Occupation - As of Right. 3320. Home Occupation - By Special Permit. 3400. ACCESSORY APARTMENTS 3410. Purpose. 3420. Procedure. 3430. Conditions. 3440. Decision. 3500. [RESERVED] 3600. NONCONFORMING USES AND STRUCTURES 3610. Applicability. 3620. Nonconforming Uses. 3630. Nonconforming Structures. 3640. Variance Required. 3650. Nonconforming Single and Two Family Residential Structures. 3660. Abandonment or Non-Use. 3670.. Reconstruction after Catastrophe or Demolition. 3680. Reversion to Nonconformity.. 3.2B Existing Lots(carried forward from prior By-law) SECTION 4000. DIMENSIONAL REGULATIONS 4100. GENERAL. 4110. One Structure per Lot. 4120. Change of Lot. 4130. Table of Dimensional Requirements .. 4200. SPECIAL DIMENSIONAL REGULATIONS 4210. Undersized Lots. 4220. Height Limitations. 4230. Lot Area Computation. 4240. Frontage. 4250. Dimensional Regulations - Special Circumstances. 4260. Minimum Lot Width. 4270. Side Yard in Industrial Districts. 4300. ACCESSORY STRUCTURES 4310. Dimensional Requirements and Location. T'T 4320. Permitted Accessory Structures. 4330. Prohibited Accessory Structures. SECTION 5000. GENERAL REGULATIONS 5100. PARKING REQUIREMENTS 5110. General. 5120. Collective Parking. 5130. Location of Parking. 5140. Size and Number of Spaces. 5150. Special Permit. 5160. Design Requirements. 5170. Landscaping for Parking Areas. 5180. Access Drives. 5200. LOADING AREAS 5210. General. 5220. Screening and Landscaping Requirements. 5230. Nu~ber of Loading Spaces. 5240. Location. 5250. Backing onto or Queuing on the Street. 5260. Special Permit. 5300. SIGN REQUIREMENTS 5310. General Regulations. 5320. Prohibited Signs. 5330. Temporary Signs. 5340. Oft-Premises Signs. 5350. Signs in the Rl or R2 District. 5360. Signs Permitted in DR, C and I Districts. 5370. Guidelines. 5380. Special Permit. 5400. GENERAL LANDSCAPING REQUmEMENTS 5410. Purpose. 5420. Applicability. 5430. Landscaping Requirements for Property Lines. 5440. Landscaping Requirements for Street Frontage of Nonresidential Uses. 5450. Planted Area Requirements. 5460. Coordination with Site Plan Approval. 5470. Maintenance of Landscaped Areas. 5480. Special Permit. TTT 5500. ENVIRONMENTAL STANDARDS 5510. General. 5520. Noise. 5530. Solid waste storage. 5540. Miscellaneous Standards. 5550. Erosion Control. 5560. Exterior Lighting. SECTION 6000..SPECIAL REGULATIONS 6100. COMMON DRIVEWAYS 6110. General. 6120. Approval. 6200. HAMMERHEAD LOTS 6210. General. 6220. Special Permit Required. 6230. Development Standards. 6240. Access. 6250. Driveway Site Plan Approval. 6260. Occupancy Permit. 6300. MOBILE HOMES 6310. General. 6400. MINING, QUARRYING & REMOVAL OF LOAM, SAND, GRAVEL AND ROCK 6410. General. 6420. Conditions. 6430. Term of Permit. 6500. ADULT ENTERTAINMENT USE ESTABLISHMENTS 6510. Authority. 6520. Purpose. 6530. SpecialPermit Required; Eligibility.. 6540. Application. 6550. Conditions. 6560. Expiration. 6570. Prohibition of Alcoholic Beverages. 6580. Signs. 6600. WIND ENERGY CONVERSION SYSTEMS 6610. General. T\T SECTION 7000. SPECIAL RESIDENTIAL REGULATIONS 7100. FLEXIBLE DEVELOPMENT 7110.. Purpose. 7120.. Applicability. 7130. Procedures. 7140. Design Process. 7150. Modification of Lot Requirements. 7160. Basic Maximum Number of Dwelling Units. 7170. Density Bonus. 7180. Development Standards. 7190. Decision. 7200. MILL CONVERSIONIPLANNED DEVELOPMENT 7210. General. 7220. Uses. 7230. Structures. 7240. Site Development. 7250. Parking. 7260. Agreements. SECTION 8000. SPECIAL DISTRICTS 8100. FLOOD PLAIN PROTECTION OVERLAY DISTRICT 8110. Purpose. 8120. District Delineation. 8130. Overlay District. 8140. Use Regulations. 8150. Special Permit. 8160. Prohibited Uses. 8170. Procedures. 8200. WmELESS COMMUNICATIONS OVERLAY DISTRICT· 8210. Purpose. 8220. Location. 8230. Submittal Requirements. 8240. Special Permit. 8250. Conditions. v SECTION 9000. ADMINISTRATION AND PROCEDURES 9100. ADMINISTRATION 9110. Permits. 9120. Certified Plot Plan. 9130. Enforcement. 9140. Noncriminal Disposition. 9150. Penalties. 9200. BOARD OF APPEALS 9210. Establishment. 9220. Powers. 9230. Regulations. 9240. Fees. 9300. SPECIAL PERMITS 9310. SpecialPermit Granting Authority. 9320. Criteria. 9330. Procedures. 9340. Development Impact Statement (DIS). 9350. Conditions. 9360. Plans. 9370. Regulations; Fees. 9380. Lapse. 9400. SITE PLAN REVIEW 9410. Applicability. 9420. Exemption. 9430. Procedures. 9440. Preparation ofPlans. 9450. Contents ofPlan. 9460. Minor Site Plan. 9470. Approval. 9480. Lapse and Appeal. 9490. Regulations; Fees. SECTION 10000. DEFINITIONS. SECTION 10200. ZONING MAP ,TT ZONING BY-LAW TOWN OF CLINTON, MASSACHUSETTS SECTION 1000. PURPOSE AND AUTHORITY 1100. PURPOSE. These regulations are enacted to promote the general welfare of the Town of Clinton, to protect the health and safety of its inhabitants, to encourage the most appropriate use ofland throughout the town, to preserve the cultural and historicalheritageof the community, to increase the amenities ofthe town, andto reduce the hazard from fire by regulating the location and use of buildings and the area of open space around them, all as authorized by, but not limited to, the provisions of the Zoning Act, G.L. c. 40A, as amended, Section 2A of 1975 Mass. Acts 808, and by Article 89 of the Amendments to the Constitution of the Commonwealth of Massachusetts. 1200. AUTHORITY. This Zoning By-Law is enacted in accordance with the provisions of the General Laws, Chapter 40A, and any and all amendments thereto. 1300. SCOPE. For these purposes, the construction:>repair, alteration, reconstruction:>height, number of stories, and size of buildings and structures, the size and width of lots, the percentage of lot area that. may be occupied, the size of yards, courts, and other open spaces, the density of population, and the location and use of buildings, structures, and land in the Town of Clinton are regulated as hereinafter provided. 1400. APPLICABll..ITY. All buildings or structures hereinafter erected, reconstructed, altered, enlarged, or moved, and the use of allpremises in the Town of Clinton, shallbe in conformity with the provisions of the Zoning By-Law. No building, structure or land shall be used for any purpose or in any manner other than is expressly permitted within the district in which such building, structure or land is located. Where the application of this By-Law imposes greater restrictions than those imposed by any other regulations, permits, restrictions, easements, covenants, or agreements, the provisions of this By-Law shall controL 1500. AMENDMENTS. This By-Law may from time to time be changed by amendment, addition, or repeal by the Town Meeting in the manner provided in G.40~c.s.5, and any amendments thereto. 1600. SEPARABll..ITY. The invalidity of any section or provision oftrus By-Law shall not invalidate any other section provision herein. 1 SECTION 2000. DISTRICTS 2100. ESTABLISHMENT. For the purpose of this By-Law, the Town of Clinton is divided into the types of zoning districts set forth below: Residential Neighborhood Rl Residential R2 Business - Retail BR Commercial C Industrial I 2111. Residential Neighborhood District (RJ). The purpose of the Residential Neighborhood District is to provide areas in which sound residential development may occur and be protected from future conflict with incompatible non-residential development. 2112. Residential District (R2). The purpose of the Residential District is to provide an area for low density residential uses:>agriculture, watershed protection and conservation of natural resources. 2113. Business - Retail District (BR). The purposes of the Business - Retail District areto provide a downtown area with the range ofbusiness sales and services which generally constitute a central business district andto preserve the historic period represented by the existing structures in the area. 2114. Commercial District (C). The purpose of the Commercial District is to provide areas for non-residential uses serving sales, services and distribution uses, which are not compatible with the retail business district (downtown) areasr residential uses. 2115. Industrial District(1).The Industrial District is intended to provide areas for office parks, industrial parks, manufacturing, fabrication, research, development and assembly which are free from the intrusion of residential, retail or commercial uses, which might be adversely affected by the uses of the district. 2200.. OVERLAY DISTRICTS. In addition, the following overlay districts are also hereby established: Flood Plain FPPOD Wireless Communications wcon 2300. MAP. The location and boundaries of the zoning districts are hereby established as shown on a map entitled, "Zoning Map of the Town of Clinton (litheMap"), dated June 18,2001, which accompanies and is hereby declared to be part of this By-Law. All explanatory legend and memoranda thereon or attached thereto are hereby declared to be a part of this By-Law. Any change inthe location ofboundaries of a zoning district hereafter made through the amendments of this By-Law shall be indicated by the alteration of such Map, and the Map, thus altered, is declared to be a part of the By-Law thus amended, The Zoning Map shallbe drawn at a large scale withinkon stable material and shallbe located inthe office of the Planning Board. Photographic reductions of this large-scale Zoning Map may serve as copies of the Zoning Map. Copies of the Zoning Map and attached memoranda are filed with the Town Clerk. 2 2310. Rules for interpretation of zoning district boundaries. Where uncertainties exist as to the boundaries of districts as shown on the official zoning maps the following shall apply: 2311. Where the boundary lines are shown upon the Map within the side lines of public andprivate ways, railroads or water courses, the center lines of such ways shall be the boundary lines. 2312. Where the boundary lines are shown upon the Map, approximately on the location of property or lot lines, and the exact location of property, lot or boundary lines is not indicated by means of dimensions shown in figures, then the property or lot lines shall be the boundary lines. 2314. Boundary lines located outside of such lines of public and private ways and shown approximately parallel thereto shallbe regarded as parallel to such side lines anddimensions shown in figures on the Map between such boundary lines and side lines of public& private ways are the distances infeetof such boundary lines from such sidelines, such distances being measured at right angles to such side lines unless otherwise indicated. 2315. In all cases which are not covered by other provisions of this Section, the location of boundary lines shall be determined by the distance infeet, if given,from other linesupon saidMap, by the use of identifications as shown on the Map, or by the scale of the Map. 2316. Where a districtboundary line (other than a boundary linefor an overlay district) divides any lot existing at the time such line is adopted, the regulations for the less restricted portions of such lot may be extended upon the grant of a special permit by the Planning Board no more than thirty (30) feet into the more restricted portion, provided the lot has legal frontage in the less restricted district. 2317. Where boundary lines are contour linesthey are ofindicated elevationabove the datum mean sea levelof the U.S. Geological Survey. 2320. Amendment. Anychange ofthe Zoning Map shallconstitute an amendment ofthis By-law andthe procedure for making such a change shall conform to the requirements for amending this By-Law. SECTION 3000. USE REGULATIONS 3100. PRINCIPAL USES. No land shallbe used and no structure shall be erected or used except as set forth in the following Table Regulations, including the notes to the Schedule, or as otherwise set forth herein,as exempted by General Laws. Any building or use of premises not herein expressly permitted is hereby prohibited. 3110. Symbols. Symbols employed in the Table of Use Regulations shall mean the following: Y Permitted asf right N Prohibited BA Special permitIBoard of Appeals PB Special PermitlPlanning Board SB Special Permit/Selectboard 3120. If Classified Under More than One Use. Where an activity may be classified as more than one of the principal uses listed in the Table of Use Regulations, the more specific classification shall determine permissibility;qually specific, the more restrictive shall govern. 3130. Table of Use Regulations. PRINCIPAL USE R2 Rl DR C I A. RESIDENTIAL USES 1. Single-familydwelling Y y PB PB PB 2. TwopFamilydwelling PB PB PB PB PB 3. Three or More Unit Multifamily dwelling PB PB PB PB PB 4. Boarding house N N N N N 5. Mobile home park or trailer camp N N N N N 6. Planned unit development/mill conversion N N PB PB PB 7. Flexible development PB PB PB PB PB B. EXEMPT AND INSTITUTIONAL USES R2 Rl BR C I 1. Use of land or structures for religious purposes Y Y Y y 2. Use of land or structures for educational purpoYes onYland y y y owned or leased by the commonwealth or any of its agencies, subdivisionsbodies politby a religious sect or denomination,bya nonprofit educational corporation 3. Family day care home, small y Y Y Y y Family day care home, large BA BA BA BA BA 4. Child care facility Y y Y y Y 4 y y y y y 5. Use of land for the primary purpose of agriculture, horticulture, floriculture,lture on a parcel of more than five acres in area 6. Facilities for the sale of produce, and wine and dairyy y y products, provided that during the months of June, July, August, and September of every year, or during the harvest season of the primary crop, the majority of such products for sale, based on either gross sales dollars or volume, have been produced by the owner of the land containing more than five acres in area on which the facility is located 7. Cemeteries, private BA BA BA BA BA 8. Municipal facilities BA BA BA BA BA 9. Essential services BA BA BA BA BA 10. Hospital BA BA BA BA BA C. COMMERCIAL USES R2 Rl BR C I 1. Nonexempt farm BA BA N y Y 2. Nonexempt farm stand for wholesale or retailBAaleBAf Y Y Y products 3. Nonexempt educational use N N BA BA BA 4. Commercial greenhouse BA BA Y Y BA 5. Animal clinic or hospital N N BA Y y 6. Kennel N N N N N 7. Nursing or convalescent home BA BA BA BA N 8. Funeral home N N Y y BA 9. Hotel or motel N N BA BA BA 10. Bed and Breakfast BA BA BA BA N 11. Retail stores and services not elsewhere sNt forth y y y 12. Personal service establishment N N Y y Y 13. Motor vehicle, trailer, or boat sales and NentalN N BA BA 14. Motor vehicle general and body repair N N N BA BA 15. Motor vehicle light service N N N BA BA 16. Car wash N N N BA BA 17. Restaurant N N Y y Y r:: 18. Restaurant, fast-food or drive-in N N BA BA BA 19. Business or professional office; bank, finNnciaN agency ory y institution y 20. Medical office building or clinic N N Y BA 21. Any other conunercial drive-through use N N BA BA BA y 22. Indoor commercial recreation N N Y Y 23. Outdoor conunercial recreation BA BA Y Y BA 24. Membership club, civic, social, professional or fraternal Y BA organization 25. Commercial parking lot or garage N N Y Y y 26. Adult entertainment establishment N N N SB SB 27. Wireless Conununications Facility SB SB SB SB SB 28. Bus, taxi or other public transit terminalNfaciNity BA BA BA 29. Temporary amusement enterprise N N BA BA BA D. INDUSTRIAL USES R2 Rl BR C I 1. Quarrying or other extractive operation N N N SB SB 2. Light manufacturing N N N BA Y 3. Manufacturing N N N N BA 4. Wholesale, warehouse, self-storage mini-warNhousN, orN BA BA distribution facility 5. Research, experimental and testing laboratoNies N N BA y 6. Transportation freight terminal N N N BA BA 7. Fuel storage or distribution facility N N N BA BA 8. Electric, gas, steam generation or storage NlantN N BA BA 9. Solid waste disposal facilities; sanitary lNndfiNl N N PB 10.Junkyard or automobile salvage yard N N N N N II.Plant for dry cleaning, cold storage or freNzingN BA BA BA 12. Beverage bottling or food packaging plant N N N BA BA 13. Contractor's yard N N N BA BA 6 3200. ACCESSORY USES 3210. Permitted Accessory Uses in All Districts. The following accessory uses are specifically permitted as of right or by special permit: 3211. Accessory Scientific Uses. Uses, whether or not on the same parcel as activities permitted as a matter of right, which are necessary in connection with scientific research or scientific development or related productioJ4 may be permitted upon the issuance of a special permit by the Board of Appeals, provided that the Board finds that the proposed use does not substantially derogate from the public good. 3212. Family DayCareHomes. Smallfamily day care homes, are allowed as an accessory use as of right in all districts. Large family day care homes are allowed in all districts only upon the issuance of a special permit by the Board of Appeals. 3213. Exterior Storage. Exterior storage, exclusive of junk cars or other junk items, is allowed asof right provided that the use is screened from view, by a fence or appropriate landscaping, from abutting streetsor properties. 3220. Nonresidential Accessory Uses. Any use permitted as a principal use is also permitted as an accessory use provided such use is customarily incidental to the main or principal building or use of the land. Any use authorized as a principal use by special permit may also be authorized as an accessory use by special permit provided such use is customarilyincidental to the main or principal building or use ofthe land. Any use not allowed in the district as a principal use is also prohibited as an accessory use. Accessory uses are permitted only in accordance with lawfully existing principal uses. In all instances where site plan review and approval is required for a principal use, the addition of any new accessory use to the principal use" where such addition exceeds the thresholds established in Section 9400, shall also require site plan review and approval. Nothing herein shall be construed to regulate home occupations. Notwithstanding this provisioJ4 the following nonresidential accessory uses are permitted: 3221. Outdoor Sales. The outdoor display and/or storage of goods and merchandise for sale, including motor vehicles, is permitted only when such display and/or storage is wholly incidental and secondary to the primary use conducted within the permanent structure on the lot. No such displayand/or storage may occur in delineated parking spaces, traffic lanes, crosswalks, sidewalks or public ways so as to interfere with pedestrian and vehicular traffic. No additional signs are permitted except as otherwise provided herein. Such outdoor display of goods and merchandise for sale,or outdoor seasonal dining, where located on publicly owned land, shall be permitted where evidence of a lease and/or license, and appropriate insurance coverage, is provided to the Building Commissioner. 3230. Residential Accessory Uses. The following accessory uses are specificallypermitted as of right or by special permit, as set forth herein: 3231. Animals Accessory to Dwellings. Animals kept as an accessory use at a residence shall conform to the regulations 'ofthe Board of Health. Swine and fur-bearing animals are prohibited. Livestock shall be allowed on parcels in excess of two acres; no animal shall be stabled or kept within 25 feet of any property line. 3232. Boarders in Single-Family Dwelling. The renting of rooms andlor furnishing of board to not more than two persons in a single-family dwelling by the owner/occupant thereof shall be a permitted accessory use. The renting of rooms and/or furnishing of board to three or four persons ina single-familydwellingbythe owner/occupant thereof shallbe allowed as an accessory use upon the grant of a special permit. The renting of rooms and!or furnishing of board to five or more persons shallbedeemedaboarding house subject to the provisions ofthe Table ofUse Regulations. 3233. Major RecreationalEquipment. No majorrecreational equipment or vehicle shallbe stored on any lot in a residential district as an accessory use other than in a carport or enclosed building or behind the front building line of the principal building, provided however that such equipment or vehicle may be parked anywhere on residential premises for a period not to exceed seventy-two (72) hours. No such equipment or vehicle shallbe used for living or housekeeping purposes when stored on a residential lot, or in any location not approved for such use. 3240. Prohibited Accessory Uses. The following accessory uses are prohibited: 3241. UnregisteredMotor Vehicles. Not more than one (1) unregistered motor vehicle or trailer or major partes) thereof, except for farm vehicles, shallremain ungaraged upon any premises at any time unless under a Class 1 or Class 2 license for sale of motor vehicles. 3242. Rl and R2 Districts. In the R1 and/or R2 Districts, the following accessory uses are prohibited: a. Commercial kennels; b. Contractor's yard for the storage of building materials, equipment, and/or commercial vehicles over 25,000 gvw; c. Commercial landscaping equipment, materials, supplies, and/or commercialvehiclesover 25,000 gvw; d. Commercial auto repair or service 3300. HOME OCCUPATIONS 3310. Home Occupation-As of Right. A home occupation may be allowed as of right, provided that it: 3311. is conducted solely within a dwelling and solely by the person(s) occupying the dwelling as a primary residence; 3312. is clearly incidental and secondary to the use of the premises for residential purposes; 3313. does not produce offensive noise, vibration, smoke, dust, odors, heat, lighting, electrical interference, radioactive emission or environmental pollution in accordance with the provisions of Section 5500; 3314. does not utilize exterior storage of material or equipment (including the parking of commercial vehicles); 3315. does not exhibit any exterior indication of its presence or any variation from residential appearance; 3316. does not produce any customer, pupil, client, or delivery trips to the occupation site and has no nonresident employees; 3317. is registered as a business with the Town Clerk. 3320. Home Occupation - By Special Permit. A home occupation may be allowed by special permit issued by the Board of Appeals, provided that it: 3321. fully complies with Sections 3312, 3313, 3314, and 3317, above. 3322. is conducted within a dwelling solely by the person(s) occupying the dwelling as a primary residence and, in addition to the residents of the premises, by not more than two additional employees; 3323. does not exhibit any exterior indication of its presence, or any variation from residential 8 appeara excceetfor a sign or name plate in compliance with Sectio5300~ 3324. a special permit for such use is granted by the Board of Appeals, subject to conditions including, but not limited to, restriction hours of operation, maximum floor area, off-street parking, and maximum number of daily customer or other vehicle trips. Such special permit shall be limited to five years,r the transfer of the property, whichever first occurs. 3400. ACCESSORY APARTMENTS 3410. Purpose. For the purpose of (a) providing small additional dwelling units to rent without adding to the number of buildings in the Town, or substantially altering the appearance of the Town, (b) providing alternative housing options for elder residents, and (c) enabling ownerssingle family dwellings larger than required for their present needs, particularly elderly homeowners, to share space and the burdens of home ownership, the Board of Appeals may grant a special permit in accordance with the following requirements. 3420. Procedure. Accessory apartments may be allowed on special permit, from the Board of Appeals, in accordance with the special permit processin this Zoning By-Law, as set forth in Section 9300, and provided that eachof the following additional criteria are met. 3430. Conditions. 3431. A plot plan of the existing dwelling unit and proposed accessory apartment shall be submitted to the Board of Appeals, showing the location of the building on the lot, proposed accessory apartment, locationof any septic system and required parking. A mortgage inspection survey shall be sufficient to meet this requirement; 3432. An affidavit shall be provided stating that onef the two dwelling units shabe occupied by the owner of the property, except for bona fide temporary absence; 3433. Not more than one accessory apartment may be established on a lot. The accessory apartment shall not exceed800 sq. ft. infloor space and shallbe located in the principal residential structure on the premises; 3434. The external appearance of the structure in which the accessory apartment is to be located shallnotbe significantlyaltered from the appearancea single-familystructure, inaccordance with the following: a. Any stairways or access and egress alterations serving the accessory apartment shall be enclosed, screened, or located so that visibility from public ways is minimized; b. Sufficient and appropriate space for at least one (1) additional parkingspace shall be constructed by the owner to serve the accessory apartment. Said parking space shall be constructed of materials consistent with the existing driveway and shall have vehicular access to the driveway. 3440. Decision. Special permits for an accessory apartment maybe grantedbythe Board of Appeals upon afindingthat the construction and occupancyofthe apartment willnot be detrimental to the neighborhood in which the lot is located and after consideration of the factors specified in Section 9300 of this Zoning By-Law, governing special pennits. 3500. [RESERVED] 3600. NONCONFORMING USES AND STRUCTURES 3610. Applicability. This Zoning By-law shall not apply to structures or uses lawfullyin existenc.eor lawfblbegu ~r to a building or special permit issued before the first publication of notice of the public hearing required by G.L. c. 40A, s. 5 at which this Zoning By law, or any relevant part thereof, was adopted. Such prior, lawfully existing nonconforming uses and structures may continue, provided that no modification of the use or structure is accomplished, unless authorized hereunder. 3620. Nonconforming Uses. The Board of Appeals may issue a special permit to change a nonconforming use inaccordance with this section onlyifit determines that such change or extension shall not be substantially more detrimental than the existing nonconforming use to the neighborhood. The following types of changes to nonconforming uses may be considered by the Board of Appeals: 3621. Change or substantial extension of the use; 3622. Change from a nonconforming use to another, less detrimental, nonconforming use. 3630. Nonconforming Structures. The Board of Appeals may issue a special permit to reconstruct, extend, alter, or change a nonconforming structureinaccordance with this section onlyitdetermines that such reconstruction, extension, alteration, or change shall not be substantially more detrimental than the existing nonconforming structure to the neighborhood. The followingtypes of changes to nonconforming structures may be considered by the Board of Appeals: 3631. Reconstructed, extended or structurally changed; 3632. Altered to provide for a substantially different purpose or for the same purpose in a substantially different manner or to a substantially greater extent; 3640. Variance Required. The reconstruction, extension or structural change of a nonconforming structure in such a manner as to increase an existing nonconformity, or create a new nonconformity, includingthe extension of an exterior wall at or along the same nonconforming distance within a required yard, shall require the issuance of a variance from the Board of Appeals; provided, however, that this provision shall not apply to nonconforming single and two family residential structures, which shall be governed by Section 3650, below. 3650. Nonconforming Single and Two Family Residential Structures. Nonconforming singleand two family residential structures may be reconstructed, extended, altered,r structurally changed upon the issuance of a building permit after a determination by the Building Commissioner that such proposed reconstruction, extension, alteration, or change does not increase the nonconforming nature of said structure. The following circumstances shallnot be deemed to increase the nonconfonning nature of said structure: 3651. alteration to a structure which complies with all current setback, yard, building coverage, and buildingheight requirements but is located on a lot with insufficient area, where the alteration will also comply with all of said current requirements. 3652. alteration to a structure which complies with all current setback, yard, building coverage, and building height requirements but is located on a lot with insufficient frontage, where the alteration will also comply with all of said current requirements. 3653. alteration to a structure which encroaches upon one or more required yard or setback areas, where the alteration will comply with all current setback, yard, building coverage and building 10 height requirements; the provisions of this subsection shall apply regardless of whether the lot complies with current area and frontage requirements. In the event that the Building Commissioner determines that the nonconforming nature of such structure wouldbe increased bythe proposed reconstruction, extension, alteration, or change, the Board of Appeals may, byspecial permit, allow suchreconstruction, extension, alteration, or changewhere itdetennines that the proposed modification will not be substantially more detrimental than the existing nonconforming structure to the neighborhood. 3660. Abandonment or Non-Use. A nonconforming use or structure which has been abandoned, or not used for a period of two years, shalllose its protected status and be subject to allof the provisions of this Zoning By-law. 3670. Reconstruction after Catastrophe or Demolition. A nonconforming structure may be reconstructed after a catastrophe or after demolition, provided that the owner shall apply for a building permit and start operations for reconstruction on said premises within twelve months and complete work within twenty-four months after such catastrophe or demolition, and provided that the building(s) as reconstructed shallbe onlyas great involume or area as the original nonconforming structure or provided that the building meets all applicable requirements for yards, setback, and height. In the event that the proposed reconstruction would cause the structure to exceed the volume or area of the original nonconforming structure or exceed applicable requirements for yards, setback, and/or height, a special permit shallbe required from the Board of Appeals. 3680. Reversion to Nonconformity. No nonconforming use shall,ifchanged to a conforming use, revert to a nonconforming use. 3.2 B Existing Lots. The separate use ofa nonconfonning lot, as a result of the adoption of the Clinton Zoning Bylaw ofJuly 13, 1972 and to be used for erection of a single-familydwellingis permitted, subject to all of the following: a. At the time such increased requirement became applicable to it, the lot: 1. Had frontage and area equal to or greater than the average of other lots within 200 feet on the same street. 2. Was not held in common ownership with more than one other lot. 3. This provision applies to lots recorded in the Registry of Deeds prior July 13, 1972. 4. Meets all other dimensional requirements of this By-law. NOTE: The wording ofthis Section reverted back to the wording ofthe prior Zoning By-law, when the proposed revision was disapproved by the Attorney General on October 9, 2001 11 SECTION 4000. DIMENSIONAL REGULATIONS 4100. GENERAL. No structure shall be erected or used, premises used, or lot changed in size or shape except in conformity with the requirements of this sectiofl:,unless exempted by this By-Law or by statute. 4110. One Structure per Lot. Except as otherwise provided herein, not more than oneprincipal structure may be placed on any lot. 4120. Change of Lot. No existing conforming or nonconforming lot shan be changed in size or shape except through a public land taking or donation for road widening, drainage, or utility improvements or except where otherwise permitted herein, so as to create a nonconformity or increase the degree of nonconformity that presently exists. If land is subdivided, conveyed, devised or otherwise transferred in violation hereof, no building or other permit shallbe issued with reference to said transferred land until the lot retained meets the requirementsf this By-Law. 4130. Table of Dimensional Requirements. DISTRICTS DIMENSIONAL Rl Rl BR C I REQUIREMENTS Min. Lot Area, single family 12,000 18,000 12,000 12,000 12,000 (sq. ft.) Min. Lot Area, two family 18,000 27,000 18,000 18,000 18,000 (sq. ft.) Min. Lot Area, multifamily 24,000 for three 36,000 for three N/A N/A N/A (sq. ft.) units" plus 6,000 units, plus 9,000 for fourth unit for fourth unit Min. Lot Area, all other uses 12,000 18,000 5,000 12,000 12,000 (sq. ft.) Min. Frontage (feet) 110 110 50 110 110 Min. Lot Width (feet) 90 90 50 90 90 Min. Front Setback from 25 35 0 25 25 Street (feet) Min. SideYard (feet) 10 20 0 15 15 Min. Rear Yard (feet) 10 20 10 15 15 Max. Lot Coverage (%) 25 25 80 50 50 Max. Building Height (feet) 35 35 50 35 50 Max. Building Height 3 5 3 3 5 (# stories) 1 ? 4200. SPECIAL DIMENSIONAL REGULATIONS 4210. [RESERVED] 4220. Height Limitations. In determining the height of a building, any floor level shall be counted as a story if it isto be used in part for sleeping rooms, oitis higher than three feet below the average ground level around the exterior walls of the structure. Limitations of height shall not apply to chimneys, ventilators, skylights, spires, tanks,ante1U1as,solar panels, and other features of such building usually carried above roofs, provided that in a residential district such features are in no way used for living purposes. 4230. Lot Area Computation. The horizontal area of the lot exclusive of anyarea ina street or recorded way open to public use. At least 90% of the lot area required for zoning compliance shall be land other than that under water nine months or more in a normal year, and other than any wetland, marsh, swamp, or flat bordering on inland waters. 4231. Lots without Public Sewer. In all districts, an additional 10,000 square feet of area shall be required for a lot served by an individual septic system. 4232. Lots without Public Water. In alldistricts, an additional1 0,000 square feet of area shallbe required for a lot served by an on-site water supply. 4232. Lots without Public Sewer or Public Water. In all districts, an additional 20,000 square feet of area shall be required for a lot served by an on-site individual septic system and on-site water supply. 4240. Frontage. Frontage shall be measured along a street line c01U1ecting points of intersection of the sidelot lineswiththe street line on which the lot islocated. A building lot inany district shallhave frontage on and rights of access to, as may be determined by the Planning Board, one or more of the following for the distance required under Dimensional Controls: 4241. A way legally accepted by town meeting vote, or 4242. A way established by county, state, or federal authority, or 4243. A way established by a subdivision plan approved in accordance with the Subdivision Control Law, or 4244. Any other way or portion ofa way in existence when the Subdivision Control Law became effective which, because of unusual conditions such as limitations upon the extent or type of land use to be served, the Planning Board, following consultation with theDPW Superintendent, Police Chief, Fire Chief and Board of Selectmen, has determined to be sufficient for the needs for access and utilities to serve potential needs of land abutting on or served thereby. 4250. Dimensional Regulations - Special Circumstances. 4251. Dead End Streets. A lot on a turning circle of a dead end street may have a frontage of not less than 80% of frontage requirement provided that the shortest distance between side lot lines shallbe full required frontage at the frontof dwelling or main nonresidential structure. 4252. Frontage or Setback - TwoStreets/Corner Lot. A lot having frontage on two streets which do not intersect shall have two front yards, eachofwhich shall complywith the minimumfront yard setback requirements of this By-Law, but need to meet the minimum frontage requirement only with respect to one of the streets. A corner lot having frontage at the intersection oftwo streets must have the minimum frontage on at least one of the streets and shall be deemed to have two 11 front yards, each of which shall comply with the minimum front yard setback requirements of this By-Law; one of the remaining yards shall be a rear yard. 4253. Irregular Lots - Side Lot Lines. In the event of an irregularly shaped lot and a question as to the identificationf the appropriate side lot lines for measurements, the matter shallbe decided by the Building Commissioner. 4254. Building Setback - Modifications. Where existing buildings on adjacent lots are set back less than the minimum required in the district in which they are located, a new building may be located at the average setback of the adjacent existing buildings within 200 ft. of the building. 4255. Corner Lot Street Visibility. Within an area formed bythe side lines of intersecting streets and a linejoining points on such lines twenty (20) feet distant from their point of intersection, or in case of a rounded corner, from the point of intersection of their tangents, no structure shallbe erected and no fences, signs, plantings, walls,r other objects shallbe maintained between a height of three (3) feet and a height of eight (8) feet above the plane through their curb grades. 4260. Minimum Lot Width. In any district, the minimum width of the lot at the building shall be measured as the shortest distance between side lot linestaken through the frontwall ofthe dwellingor main non-residential structure on said lot. 4270. Side Yard in Industrial Districts. Where a lot is located onthe boundary of the Rl or R2 District, the side yard adjacent to such residential district shall be 50 feet. 4300. ACCESSORY STRUCTURES 4310. Dimensional Requirements and Location. 4311. No accessory building or structure, except a permitted sign or roadside stand, shall be located within a required front yard setback. 4312. Accessory structures or buildings may be located in a rear or side yard provided that not more than twenty-five (25) percent of the required yard area shall be so occupied, and further provided that an accessorystructure shall not be located nearer than ten(10) feet from the principal building and at least eight (8) feet from any sideor rear lot line. 4313. An accessory building attached to its principal building or within ten (10) feet of it 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. 4314. Accessory structures and buildings shallbe located on the same lot as the principal structure on the premises. 4320. Permitted Accessory Structures. The following accessory structures are permitted in alldistricts: 4321. Accessory building not more than 15feet in height abovethe average grade level around the structure; provided, however, that a barn dedicated to agricultural, horticultural or floricultural purposes shall not be subject to this requirement. 4322. Boundary fences, walls, or hedges shallbe permitted provided that they do not exceed eight (8) feet in height and provided that no fence which obstructs vision shall exceed thirty-six (36) inches in height within twenty (20) feet of the street line or within twelve (12) horizontal feet of a habitable room in an abutting dwelling. 4323. Flag poles of a height not to exceed 20 feet are permitted and shall be exempt from the setback requirements of this Section. 4324. Swimming pools, game courts, and the like are accessory structures and shall comply with 14 the State Building Code and all applicable setback requirements of this Zoning By-Law. 4330. Prohibited Accessory Structures. The following accessory structures areprohibited inalldistricts: 4331. A truck box shall not be deemed to constitute a permissible accessory structure or use. 4332. A conex box shall not be deemed to constitute a permissible accessory structure or use. 4333. A steel storage unit shall not be deemed to constitute a permissible accessory structure or use. 1 h SECTION 5000. GENERAL REGULATIONS 5100. PARKlNG REQUIREMENTS 5110. General. Parking shall be provided in accordance with this Section for any building or use hereafter erected, enlargedor increased, except for non-residential and non-industrial uses fronting onHigh Street between Union and Water Street and Church Street between Walnut and School Street. Parking spaces shall be maintained and shall not be encroached upon so long as said principal building or use remains, unless an equivalent number of such spaces is provided elsewhere in conformance with this By-Law. 5111. Obligation. The requirement for parking space shall be a continuing obligationofthe owner of the real estate on which any such structure or use is located as long as the structure or use is in existence and its use requiring vehicle parking facilities continues unless a change in use also changes the parking requirements. It shallbe unlawful for an owner of anystructure or use affected by this Section to discontinue, change or dispense With, or to cause the discontinuance of any vehicle parking space. It shallbe unlawful for anyfirm, corporation or person to occupy a structure without providing parking spaces which meet with the requirements of and are in compliance with this By-Law. 5112. Nothing herein shall be construed to prohibit the owner of a parking or storage area from restricting the use thereof to his customers, employees or other invitees, nor from charging a reasonable fee for the usethereof 5120. Collective Parking. Conunon parking areasmay be permitted for the purpose of servicing two (2) or more principal uses on the same or separate lots, provided that: 5121. Evidenceissubmitted that parking isavailablewithin five hundred (500) feet ofthe premises, which lot satisfies the requirements of thisBy-law and has excess capacity during all or part of the day, which excess capacity shall be demonstrated by competent parking survey conducted by a traffic engineer registered in the Commonwealth of Massachusetts. 5122. A contract, agreement, or suitablelegal instrument acceptable to legal counsel, shallbe filed with the application for building permit, occupancy permit, or specialpermit which shallspecifythe locationof all spaces to be jointly used, the number of such spaces, the hours during the day that such parking shall be available, and the duration or limit, if any on such parking. 5123. Any reduction in area required for parking because of these joint use provisions may be required as reserved landscaped open space; such area shallbe computed at the rate off our hundred (400) square feet per parking space. 5124. N otlling inthis section shallrelievethe owner from providing parking facilitiesinaccordance with this By-law if subsequently the joint use of parking facilities shall terminate. Nothing in this Section shallbe construed to prevent collective provision of off-street parking facilitiesfor two or more structures or uses, provided that the total of such off-street parking spaces supplied collectively shall not be less than the sumf the requirements for the various uses conlputed separately. 5130. Location of Parking. The parking spaces required for all residential dwellings shall be locaton the same lot as the dwelling and the parking spaces required for other uses shallbe located on the same lot as the principal useor on a lot which is within two hundred feet of the principal use, such distance to be measured along street lines to the property. 16 5131. In commercial and industrial zones, ifthere are special and unusual circumstances that make it impractical to provide all required parking withinfeet of the principal use, other provisions may be made for the location of parking provided it is a permitted use in the zone in which it is to be located and subjectto Special Permit and Site Plan approval by the Planning Board. 5132. When required parking spaces are provided on land other than the lot occupied by the principal use for which they are required, the land occupied by such spaces mustin the same possession as such principal use. The owner of such land must be bound by a covenant, recorded in the officef the Registry of Deeds binding such owner and his heirs and assignsto maintainthe required number of parking spaces for the duration of the use served, unless the Town provides public parking for that particular business. 5133. In residential zones, no more than 50% of a required front yard shall be covered by impervious material. 5140. Size and Number of Spaces. An off-street parking space as used herein shall be a space 9 feet in width and 20 feet in length. However, a parking space not less than 8 feet by 18 feet may be permitted in cases where the parking spaces are for the exclusive use of employees or the parking spaces are within a garage. Off-street parking spaces shall be provided for all new usesuildings hereafter constructed, reconstructed,or enlarged in accordance with the following Table, unless otherwise provided for by the Town. TABLE OF PARKING REQUIREMENTS PRINCIPAL USE NUMBER OF PARKING SPACES A. RESIDENTIAL USES 1. Single-family dwelling 2 spaces per dwelling unit 2. Two-Family dwelling 2 ~Qac eer dwelling unit 3. Three or Four Unit Multifamily dwelling 2 spaces per dwelling unit 4. Boarding house 2 spaces, plus 1 space per rental room 5. Planned unit development/mill conversion See Section 8200 6. Flexible development See Section 8100 B. EXEMPT AND INSTITUTIONAL USES 1. Use of land or structures for religious purposes 1 space for each three (3) persons with capacity based onState Building Code 2. Use of land or structures for educational purposes 1 space per three occupants, plus 1 per on land owned or leased by the commonwealth or any two employees of its agencies, subdivisions or bodies politic or by a religious sect or denomination, or by a nonprofit educational corporation 1 7 3. Family day care home 2 spaces per dwelling unit, plus 1 space for each employee 4. Child care facility 1 space per three occupants, plus 1 per two employees 5. Use of land for the primary purpose of agriculture, Not applicable horticulture, floriculture,or viticulture on a parcel of more than five acres in area 6. Cemeteries, private Not applicable 7. Hospital 1 space per two patient beds C. COMMERCIAL USES 1. Nonexempt farm Not applicable 2. Nonexempt educational use 1 space per three occupants, plus 1 per two employees 3. Animal clinic or hospital 1 space per 200 square feet net floor area 4. Kennel 1 space per 200 square feet net floor area 5. Nursing or convalescent home 1 space per five occupants, plus 1 per two employees 6. Funeral home 1 space for each three (3) persons with capacity based on State Building Code 7. Hotel or motel 1 space for each rooming unit, plus required parking for facilities used for eating, drinking, assembly and other such uses 8. Bed and Breakfast 1 per sleeping room, plus 1 per two employees 9. Retail stores and services not elsewhere set forth 1 space for each 150 square feet of gross floor area, but not less than 3 spaces for each separate enterprise 10. Personal service establishment 1 space for each 300 square feet of gross floor area, but not less than 2 spaces for each tenant or separate enterprise 11. Motor vehicle, trailer, or boat sales and rental 1 space for each 150 square feet of net customer floor area 12. Motor vehicle general and body repair 1 space for each 500 square feet of gross floor area: or 3 spaces per bay, lift or equivalent whichever is greater 18 13. Motor vehicle light service 1 space for each 500 square feet ofgross floor area: or 3 spaces per bay,liftor equivalent whichever is greater 14. Car wash Attendant operated or self-service car wash shall have at least 5 waiting positions for each bay between the street line and such bay for cars approaching and at least 2 waiting positions for cars leaving said bays 15. Restaurant 1 space for each 75 square feet of gross floor area, but not less than 3 spaces per separate enterprise 16. Restaurant, fast-food or drive-in 1 space for each 75 square feet of gross floor area, but not less than 3 spaces per separate enterprise 17. Business or professional office; bank, financial 1 space for each 300 square feet ofgross agency or institution floor area, but not less than 2 spaces for each tenant or separate enterprise 18. Medical office building or clinic 1 space for each 300 square feet of gross floor area, but not less than 2 spaces for each tenant or separate enterprise 19. Any other commercial drive-through use Drive-in windows shall have at least five waiting positions between the street line and said window for cars approaching and at least one waiting position for cars leaving said window 20. Indoor commercial recreation 1 space for each three (3) persons with capacity based on State Building Code 21. Membership club, civic, social, professional or 1 space for each three (3) persons with fraternal organization capacity based on State Building Code 22. Commercial parking lot or garage Not applicable 23. Adult entertainment establishment See Section 6400 24. Wireless Communications Facility Not applicable D. INDUSTRIAL USES 1. Quarrying or other extractive operation Not applicable 2. Light manufacturing 1 space for each 500 square feet of gross floor area,but not less than 3 spaces per separate enterprise 19 3. Manufacturing 1 space for each 500 square feet of gross floor area, but not less than 3 spaces per separate enterprise 4. Wholesale, warehouse, self-storage mini- I space for each IOOOsquare feet of gross warehouse, or distribution facility floor area;,but not less than 3 spaces per separate enterprise 5. Research, experimental and testing laboratories 1 space for each 500 square feet of gross floor area, but not less than 3 spaces per separate enterprise 6. Transportation freight terminal As determined by the Planning Board during site plan review 7. Fuel storage or distribution facility As determined by the Planning Board during site plan review 8. Electric, gas, steam generation or storage plant As determined by the Planning Board during site plan review 9. Solid waste disposal facilities; sanitary landfill As determined by the Planning Board durin,g site plan review 10. Junkyard or automobile salvage yard Not applicable 11. Plant for dray cleaning, cold storage or freezing As determined by the Planning Board during site plan review 12. Beverage bottling or food packaging plant As determined by the Planning Board during site plan review 13. Contractor's yard As determined by the Planning Board during site plan review 5150. Special Permit. Any parking requirement set forth herein may be reduced upon the issuance of a special permit by the Planning board
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