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TOWN OF STOUGHTON, MASSACHUSETTS ZONING BY-LAW AND MAP September 8, 1970 As amended through September 30, 2009 TABLE OF CONTENTS SECTION I TITLE, AUTHORITY AND PURPOSE II DEFINITIONS III ESTABLISHMENTS OF ZONING DISTRICTS IV INTERPRETATION AND APPLICATION V USE REGULATIONS VI DIMENSIONAL AND DENSITY REGULATIONS VII SIGNS VIII OFF-STREET PARKING AND LOADING REGULATIONS IX NONCONFORMING USES, STRUCTURES AND LOTS X ADMINISTRATION AND ENFORCEMENT XI SPECIAL PERMIT CONDITIONS XII NATURAL FEATURES CONSERVATION AND LANDSCAPE REVIEW XIII AMENDMENT, VALIDITY, AND EFFECTIVE DATE SITE PLAN REVIEW BY-LAW STOUGHTON CENTER MIXED USE OVERLAY DISTRICT (SCMUOD) ZONING MAP OF THE TOWN OF STOUGHTON, MASSACHUSETTS TOWN OF STOUGHTON ZONING BY-LAW AND MAP SECTION I TITLE, AUTHORITY, AND PURPOSE The "Stoughton Zoning By-Law and Map" adopted in 1964 and all subsequent amendments thereto is hereby amended in total and a revised "Stoughton Zoning By-Law and Map" hereinafter called "this by-law" is adopted pursuant to the authority granted by Chapter 40A of the General Laws of the Commonwealth of Massachusetts and amendments thereto herein called the "Zoning Act." In addition to the purposes stated in the Zoning Act, this by-law shall give direction and effect to the Stoughton Master Plan as last revised. I - 1 SECTION II DEFINITIONS For the purpose of this by-law certain terms and words shall have the following meaning. Words used in the present tense include the future; the singular number includes the plural, the plural the singular; the words "used" or "occupied" include the words "designed", "arranged", "intended", or "offered" to be used or occupied; the words "building", "structure", "lot", "land" or "premises" shall be construed as though fol lowed by the words" or any portion thereof"; and the work "shall" is always mandatory and not merely directory. Terms and words not defined herein but defined in the Stoughton Building Code or Subdivision Regulations shall have the meanings given therein unless a contrary intention clearly appears. Words not defined in either place shall have the meaning given in Webster's Unabridged Dictionary, Third Edition. Uses listed in the Table of Use Regulations under classes Retail and Service Trades and Wholesale Trade and Manufacturing shall be further defined by the Standard Industrial Classification Manual published by the U.S. Bureau of the Census. Abandonment : The visible or otherwise apparent intention of an owner to discontinue a nonconforming use of a building or premises; or the removal of the characteristic equipment or furnishing used in the performance of the nonconforming use , without its replacement by similar equipment or furnishings; or the replacement of the non-conforming use or building by a conforming use or building. Adult Entertainment Establishments shall include and be defined as follows: 1. Adult Bookstore: An establishment having as a substantial or significant portion of its stock in trade printed matter, books, magazines, picture periodicals, motion picture films, video cassettes, or coin operated motion picture machines for sale, barter or rental which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "Sexual Conduct" as that term is defined in G.L. c. 272, Sec. 31; "Sexual Devices" or an establishment having for sale sexual devices which shall mean any artificial human penis, vagina or anus or other device primarily designed, promoted or marketed to physically stimulate or manipulate the human genitals, pubic area or anal area, including: dildos, penisators, vibrators, penis rings, erection enlargement or prolonging creams or other preparations or an est ablishment with a segment or section devoted to the sale or display of such materials. 2. Adult Motion Picture Theater: An enclosed building with a capacity of fifty (50) or more persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating "Sexual Conduct" as defined in G.L. c. 272, Sec. 31 for observation by patrons therein. 3. Adult Mini Motion Picture Theater: An enclosed building with a capacity for less than fifty (50) persons used for presenting material distinguished or characteri zed by emphasis on matter depicting, describing or relating to "Sexual Conduct" as defined in G.L. 272 Sec. 31 (as defined below) for observation by patrons therein. 4. Adult Live Entertainment Establishments: Establishments which feature live entertainment which consists of entertainers engaging in "Sexual Conduct" or "Nudity" as defined in G.L. c. 272 Sec. 31. 5. Massage Service Establishments: II-1 a. Massage: Any method of pressure on or friction against or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating of external parts of the human body with the hands or with the aid of any mechanical or electric apparatus or appliances, with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointment or other such similar preparations commonly used in the practice of massage under such circumstances that it is reasonably expected that the person to whom the service is provided, or some third person on his or her behalf, will pay money or give any other consideration or any gratuity therefor. b. The practice of massage shall not include the following individuals while engaged in the personal performance of duties or their respective professions: a. Physicians, surgeons, chiropractors, osteopaths, or physical therapists who are duly licensed to practice their respective professions in the Commonwealth of Massachusetts. b. Nurses who are registered under the laws of the Commonwealth of Massachusetts. c. Barbers and beauticians who are duly licensed under the laws of the Commonwealth of Massachusetts, except that this exclusion shall apply solely to the massage of the neck, face, scalp and hair of the customer or client for cosmetic or beautifying purposes. STATEMENT OF PURPOSE "In the development and execution of this Zoning By-Law and Amendment, it is recognized that there are some uses which, because of their very nature, are recognized as having serious objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances thereby having a deleterious effect upon the adjacent areas. Special regulation of these uses is necessary to insure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood. These special regulations are itemized in this section. The primary control or regulation is for the purpose of preventing a concentration of these uses in any one area (i.e. not more than two such uses within one thousand feet of each other which would create such adverse effects)."(Adopted Special Town Meeting, December 6,1982 Article #1) Alteration: Any construction, reconstruction, or other action resulting in a change in he structural parts or height, number of stories or exits, size, use or location of a building or other structure. Aquifer Protection Areas: Certain areas consisting of aquifers and/or aquifer recharge areas including areas that through hydrogeologic testing are considered for potential public water supply, which are delineated on a map entitled "Town of Stoughton, Massachusetts Town-wide Hydrogeologic Study, Hydrogeologic Zone Delineations and Groundwater Protection Areas, Camp Dresser & McKee, Inc., Environmental Engineers, Cambridge, Massachusetts, Scale: 1"=1200', January 1993" and as it may be amended from time to time II-2 by vote of the Town Meeting. Said map is on file with the Office of the Town Clerk. The Aquifer Protection Area is further described as follows: "The protective areas delineated as Zone II and Zone IIIA on the above-referred to map." Added by action of Town Meeting, April 30, 1991, Article #15. Amended by action of Annual Town Meeting, May 3, 1993, Article #54 Automotive Repair or Service Station: A building or use which is designed or intended to be used for the storage, servicing, repair, maintenance, or cleaning of motor vehicle or other automotive equipment. Added by action of Town Meeting, April 24, l978, Article #60. Basement : A portion of a building, partly below grade, which has more than one half of its height, measured from finished floor to finished ceiling, above the average finished grade of the ground adjoining the building. A basement is not considered a story unless its ceiling is 4.5 feet or more above the finished grade or one-half of the total height above the finished grade, whichever is greater. Bedroom : Any area in a dwelling unit which is or could be used for the provisions of private sleeping accommodations for residents of the premises, whether such area is designated as a bedroom, guestroom, maid's room, dressing room, den, stud y, library, or by another name. Any room intended for regular use by all occupants of the dwelling unit such as living room, dining room, or kitchen shall not be considered a bedroom, nor shall bathrooms, halls or closets having no horizontal dimensions over six (6) feet. Added by action of Town Meeting, April 28, l975, Article #44. Board : The Zoning Board of Appeals of the Town of Stoughton, Massachusetts. Boarding House: A building other than a hotel, motel, cafe, restaurant, where, for compensation, meals and lodgings are provided for three (3) or more persons. Added by action of Town Meeting, April 24, l978, Article #60. Building : A combination of any materials, whether portable or fixed, having a roof, and enclosed within exterior walls or firewalls, built to form a structure for the shelter of persons, animals or property. For the purposes of this definition "roof" shall include an awning or any similar covering, whether or not permanent in nature. Building , Accessory: A detached building, the use of which is customarily incidental and subordinate to that of the principal building, and which is located on the same lot as that occupied by the principal building. Building Area: The aggregate of the maximum horizontal cross-section area of all buildings on a lot exclusive of cornices, eaves, gutters, chimneys, unenclosed porches, bay windows, balconies, and terraces, expressed as a percentage of total lot area. Building , Attached: A building having any portion of one or more walls in common with adjoining buildings. Building , Detached: A building having open space on all sides. Building Line: The line parallel to the street line at a distance therefrom equal to the depth of the front yard required for the zoning district in which the lot is located; except in the case of a rear lot, the building line shall be that line to the rea he rear property line of the front lot, and it shall not be less than the depth of the required f ront yard for the zoning district in which the lot is located. II-3 Added by action of Town Meeting, April 24, l978, Article #60. Building , Principal: A building in which is conducted the principal use of the lot on which it is located. Building , Semi-Detached: A building, which has one (1) party wall in common with an adjacent building. Added by action of Town Meeting, April 24, 1978, Article #60. Business Office or Service: A business establishment, which does not offer a product or merchandise for sale to the public but offers a professional service to the public. However, personal services, such as barber and beauty shops, and repair shops, such as radio, television, and automotive, are not to be included in the definition of business offices. Added by action of Town Meeting, April 24, 1978 #60. Camper Trailer: A folding structure, mounted on wheels and designed for travel, creation, and vacation use. Added by action of Town Meeting, April 24, l978, Article #60. Cellar: A portion of a building, partly or entirely below grade, which has more that one half of its height measured from finished floor to finished ceiling, below the average established finished grade of the ground adjoining the building. A cellar is not de med a story. Cluster Development: A division of land into lots for use as single family building sites where said lots are arranged into more than one group having area and yard measurements less than the minimum required in the Table of Dimensional and Density Regulations. These clusters or groups shall be separated from adjacent property and other groups of lots by intervening "common land". The number of lots over the entire tract of land shall not exceed the number of lots permitted under normal application of the T able of Dimensional and Density Regulations of the zone in which the tract of land is located. The number of lots in a group shall not exceed eight. Amended by action of Town Meeting, June 23, 1975, Article #14. Common Land: Land in a subdivision not required for lots which shall be set aside for recreation, park purposes, or retained as natural woodland, accessible from all sections of the development, designed and intended for the use and enjoyment of the residents within the subdivision or community. Added by action of Town Meeting, June 23, l975, Article #14. Community Facilities: Premises owned and operated by a governmental or chartered nonprofit organization, but not including fraternal, sports, or similar membership organizations. Compact Parking Space: An open space on a lot or in a garage used for parking motor vehicles, the dimensions of which are not less than eight (8) feet wide by eighteen (18) feet long and to which there is an access from a street, plus not less than 81 square feet of access and maneuvering space, whether inside or outside a structure for exclusive use as a parking stall for one motor vehicle, and further being surfaced with a bituminous or cement concrete pavement. Adopted by action of Special Town Meeting within the Annual Town Meeting, May 5, 1997, Article 8, ID 28. District A zoning district as established by Section III of this by-law. Drive-In Establishment: A business establishment that includes service that is provided from a drive-up or drive-through window or other similar arrangement that allows the II-4 service of a patron while the patron remains in a vehicle, whether parked or live parked. The term shall include eating establishments and service establishments such as banks, dry cleaners, pharmacies, photo shops and the like and automotive service stations and gasoline stations are the like. Amended by action of Annual Town Meeting, May 18, 2009, Art. 51 Driveway : A paved area located on a lot built for access to a garage, or off-street par king or loading space. (See Section VIII) Adopted by action of Special Town Meeting, April 25, 1983, Art. 39 Dwelling : A privately or publicly owned permanent structure containing a dwelling unit, or dwelling units. The term "one family", "two family" or "multifamily" dwelling shall not include hotel, lodging house, hospital, membership club, trailer or dormi tory. Dwelling Unit: One or more living or sleeping rooms arranged for the use of one or more individuals living as a single housekeeping unit, with cooking, living, sanitary and sleeping facilities. Dwelling , Multifamily: Deleted by action of Town Meeting, June 23, 1975, Article #15. Dwelling , Two Family: A detached building containing two dwelling units. Only one such building shall be developed on any one lot. Amended by action of Town Meeting, April 26, 1976, Article #38. Effective Date: The effective date of any requirement hereto or any amendment thereto subsequently adopted shall be the date that Town Meeting votes adoption, pending subsequent approval by the Attorney General, and posting or publishing the printed by-law or amendments thereto; however, no building or special permit may be issued for any proposed structure or use which would be affected by any proposed new by-law or amendment from the date first advertised for public hearing on such by-law or amendment. Amended by action of Town Meeting, April 24, 1978, Article #69. Essential Services: Services provided by public utility or governmental agencies through erection, construction, alteration, or maintenance of underground or overhead gas, electrical, steam, or water transmission or distribution systems and collection, communication, supply, or disposal systems. Facilities necessary for the provisions of essential services include poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, and other similar equipment and accessories in connection therewith. Specifically excluded from this definition are buildings necessary for the furnishing of adequate service by such public utility or governmental agencies for the public health, safety and general welfare. Exception : A use of a structure or lot or any action upon a premises which may be permitted under this by-law only upon application to and the approval of the Board and in accordance with provisions of Section X-K. Family : One or more persons, including domestic employees, occupying a dwelling unit and living as a single, nonprofit housekeeping unit, provided that a group of five or more persons who are not within the second degree of kinship shall not be deemed to constitute a family. Fast Order Food: Food which is (a) primarily intended for immediate consumption; (b) available upon a short waiting time; (c) packaged or presented in such a manner that it can II-5 be readily eaten outside the premises where it is sold; (d) served on paper plates or in paper containers, consumed with plastic utensils; and (e) of a self-service nature, that is, no waitresses or waiters are involved. Patrons place their order at a counter and take it to a table on the premises or leave the premises. Added by action of Town Meeting, April 24, 1978, Article #60 Fast Order Food Establishments: An establishment whose primary business is the sale of fast order food for consumption on or off the premises. Flood Line: The limits of flooding from a particular body of water caused by a storm whose frequency of occurrence is once in five or more years, as determined and certified by a registered professional engineer, qualified in drainage. Flood Way: The area subject to periodic flooding, the limits of which are determined by the flood line. Floor Area, Gross: The sum of the areas of the several floors of a building, measured from the exterior faces of the walls. It does not include cellars, unenclosed porches or attics not used for human occupancy or any floor space in accessory buildings or in the main building intended and designed for the parking of motor vehicles in order to meet the parking requirements of this by-law, or any such floor space intended and designed for accessory heating and ventilating equipment. Height : The vertical distance from the average finished grade of the adjacent ground to the top of the structure of the highest roof beams of a flat roof, or the mean level of the highest gable of the slope of a hip roof. Home Occupation: An accessory use which by custom has been carried on entirely within a dwelling unit, and is incidental and subordinate to the dwelling use and which shall not occupy more than 40 percent of the net floor area or 400 square feet, whichever is less of the dwelling unit so used. In connection with such use there is to be kept no stock in trade nor commodities sold on the premises. Such use shall be carried on by the occupants of the dwelling unit with no more than one nonresident employee, and shall not in any manner change the residential character of the building. Hospital: A building providing 24-hour in-patient services for the diagnosis, medical and surgical treatment and care of human ailments. Hotel: A building or any part of a building containing rooming units without individual cooking facilities for transient occupancy and having a common entrance or entrances including an inn, motel, motor inn and tourist court, but not including boarding house, lodging house, or rooming house. Junkyard: An establishment or place of business which is maintained, operated or used for storing, keeping, buying or selling junk, or for the maintenance or operation of an automobile graveyard, and the term shall include garbage dumps and sanitary landfills. Added by action of Town Meeting, May 4, 1992 Article 38 ID 75 Loading Space: An off-street space used for loading or unloading not less than fourt een feet in width, forty-five feet in length and fourteen feet in height, and containing not less than l,300 square feet including both access and maneuvering area. II-6 Lodging Unit: One or more rooms for the use of one or more individuals not living as a single housekeeping unit and not having cooking facilities. A "Lodging Unit" shall include rooms in boarding houses, tourist houses, or rooming houses. Lot: An area or parcel of land or part thereof, not including water area, in common ownership, designated on a plan filed with the administrator of this by-law by its owner or owners as a separate lot. Lot, Contiguous: A lot which physically abuts another lot or lots under common ownership, or a lot which is physically separated from another lot or lots under common ownership only by a street in which the fee ownership is retained by the party owning the abutting lots Adopted by action of Special Town Meeting, within the Annual Town Meeting, May 5, 1997, Article 8, ID 28. Lot, Corner: A lot at the point of intersection of and abutting on two or more intersecting streets, the interior angle of intersection of the street lot lines, or in case of a curved street, extended lot lines, being not more than l35 degrees. Lot Depth: The horizontal distance between the front lot line and the rear lot line. Amended by action of Town Meeting, May 5, 1997, Art #43, ID 26. Lot Frontage: The horizontal distance measured along the front lot line between the points of intersection of the side lot lines with the front lot line. Lot Line, Front: The property line dividing a lot from a street (right-of-way). On a corner lot the owner shall designate one street line as the front lot line. Lot Line, Rear: The lot line opposite the front lot line. Lot Line, Side: Any lot line not a front or rear lot line. Lot, Nonconforming: A lot lawfully existing at the effective date of this by-law, or any subsequent amendment thereto, which is not in accordance with all provisions of this by-law. Lot, Through: An interior lot, the front and rear lot lines of which abut streets, or a corner lot two opposite lines of which abut streets. Lot, Width: The horizontal distance between side lot lines, as required by the TABLE OF DIMENSIONAL AND DENSITY REGULATIONS, is to be measured at the minimum front yard depth (required setback distance), at the minimum required lot depth, and at all intermediate side line points. Amended by action of Town Meeting, May 1, 1991, Article #17. Membership Club: A social, sports, or fraternal association or organization, which is used exclusively by members and their guests, which may contain bar facilities. Mobile Home: Any manufactured, transportable, year-round structure on one (1) or more chassis and containing a flush toilet, bath or shower, and a kitchen sink; designed to be connected to a piped water supply, sanitary sewage system and electric or gas service. Added by action of Town Meeting, April 24, 1978, Article #60. Motel : A building or group of buildings containing one (l) or more guest ro oms with separate outside entrances for each room or suite of rooms and for which room or suite of rooms automobile parking space is provided. II-7 Added by action of Town Meeting, April 24, 1978, Article #60. Multifamily Apartment House: Any building or portion thereof used as a multiple dwelling for the purpose of providing three (3) or more separate dwelling units with shared means of egress. Added by action of Town Meeting, June 23, 1975, Article #15. Multifamily Rowhouse (townhouse, condominium): An attached or semidetached building or structure with continuous or common walls containing three or more dwelling units. Added by action of Town Meeting, April 26, 1976, Article #39 Offices: Space or rooms used for professional, administrative, clerical, and similar uses. Added by action of Town Meeting, April 24, 1978, Article #60. Open Space: The space on a lot unoccupied by buildings, unobstructed to the sky, not devoted to streets, driveways, or off-street parking or loading spaces and expressed as a percentage of total lot area. Owner : The duly authorized agent, attorney, purchaser, devisee, trustee, lessee or any person having vested or equitable interest in the use, structure or lot in question. Parking Space: An open space or a garage, on a lot used for parking motor vehicles, the dimensions of which are not less than nine (9) feet wide by nineteen (19) feet long and to which there is an access from a street, plus not less than l00 square fee t of access and maneuvering space, whether inside or outside a structure for exclusive use as a parking stall for one motor vehicle, and further being surfaced with a durable pavement. Planned Unit Development: A development permitting single family, two family, and multifamily dwelling units, community facilities and commercial facilities on a single tract of land arranged in such a manner so that the number of dwelling units and/or facilities on said tract of land is consistent with the zoning in which the tract is located (namely, RU, RC, RB, RA, and R-M) and further that the number of dwelling units and/or facilities in all other zones (namely GB, HB, NB, I) shall be consistent with R-M zoning. Amended by action of Town Meeting, April 29, l974, Article #20. Professional Office or Service: An office for the conducting and operating of a profession. For the purposes of this By-Law, professional occupations shall be limited to the practice of accounting, insurance, real estate, medicine, law, dentistry, architecture, planning and engineering. Added by action of Town Meeting, April 24, 1978, Article #60. Quarrying : The business or occupation of extracting stone from an open excavation. Quarrying does not include the excavation and removal of sand and gravel. Recorded : Recorded in the Norfolk District of Registry of Deeds or registered in the Norfolk District Registry of Land Court. Rooming House: Any building or portion thereof which contains at least three (3), nor more than nine (9) guest rooms which are designed for lodging, with or without meals, and are provided for compensation. Added by action of Town Meeting, April 24, 1978, Article #60. Rooms : As applied to all residential dwelling units, a room shall be defined as a living room, kitchen, and/or bedrooms. A kitchenette which does not include space for eating, and a dining area of which one full wall opens into a living room shall be counted as one-half (1/2) room each. A bathroom shall not count as a room. Added by action of Town Meeting, April 24, 1978, Article #60 II-8 Shopping Center or Planned Business Development: One or more retail stores or commercial buildings with a unified plan and/or architectural scheme (as determined by the Zoning Board of Appeals in the Special Permit), on a single parcel of land or on single parcels contiguously arranged, and shall include, but shall not be limited to the following: 1. (a) A department store, general merchandise store, or a food market having a total gross floor area of at least 20,000 square feet of gross floor area; and (b) One or more retail stores having a total gross floor area of at least 20,000 square feet of gross floor area; or 2. A single store containing a minimum of 175,000 square feet of gross floor area in the aggregate, of which a minimum of 50,000 square feet of gross floor area is devoted to retail sales of one or more of the following: dry goods, apparel and accessories, furniture And home furnishings, home equipment, hardware, or the like. Such store may also contain other uses permitted in the district by right or by Special Permit and such other, accessory, uses as the Zoning Board of Appeals permits in the Special Permit for th e Planned Business Development. Parking for the Planned Business Development shall be permitted as determined by the Zoning Board of Appeals in the Special Permit, provided the minimum requirements of Section XIF are satisfied. Added by action of Town Meeting, April 24, 1978; Article #60. Amended by action of Town Meeting, November 1, 1988, Article #9, I.D. 14 Sign : Any permanent or temporary structure, device, letter, word, model, banner, pennant, insignia, trade flag, or representation used as, or which is in the nature of, an advertisement, announcement, or direction, or is designed to attract the eye by intermittent or repeated motion or illumination. Sign , Business: A sign used to direct attention to a service, product sold or other activity performed on the same premises upon which the sign is located. Sign , Identification: A sign used simply to identify the name, address, and title of an individual family or firm occupying the premises upon which the sign is located. Sign , Surface Area Of: 1. For a sign, either free standing or attached, the area shall be consi dered to include all lettering, wording, and accompanying designs and symbols, together with background, whether open or enclosed, on which they are displayed, but not including any supporting framework. 2. For a sign consisting of individual letters, designs, and symbols attached to or painted on a surface, building, wall, or window, the area shall be considered to be that of the smallest quadrangle which encompasses all of the letters, designs, and symbols. Site Plan: A plan for a lot or subdivision on which is shown existing and proposed topography, the location of all existing and proposed buildings, structures, road, rights-of-way, boundaries, all essential dimensions and bearings, utilities, and physical features, including natural waterways, bodies of water, existing stone walls, fences, all trees over six (6) inch caliper, rock ridges, and outcroppings, and swamps; and any other information deemed necessary by the Zoning Board of Appeals in unusual or special cases. Added by action of Town Meeting, April 24, l978, Article #60. II-9 Slope : The ratio of vertical rise over horizontal distance and is expressed as a fraction or percentage: e.g. 1/5 or 20 percent. Added by action of Town Meeting, June 23, 1975, Article #14. Story : That part of a building comprised between a floor and the floor or roof next above. If a mezzanine floor area exceeds one third of the area of the floor immedia tely below, it shall be deemed a story. Street: A way which is over 24 feet in right-of-way width which is dedicated or devoted to public use by legal mapping or by any other lawful procedure. A street includes all public ways, a way which the Town Clerk certified is maintained and used as a public way, a way shown on a plan approved and endorsed in accordance with the "Subdivision Rules, Regulations, and Requirements, in Stoughton, Massachusetts" and a way having, in the opinion of the Stoughton Planning Board sufficient width, suitable grades and adequate construction to provide for the needs of vehicular traffic in relation to the proposed uses of the land abutting thereon or served thereby, and for the installation of municipal services to serve such land and the buildings erected on or to be erected thereon. Structure : A combination of materials assembled at a fixed location to give support or shelter, such as a building, bridge, trestle, tower, framework, retaining wall, tank, tunnel, tent, stadium, reviewing stand, platform, bin, fence, sign, flagpole, swimming pool, or the like. Structure , Nonconforming: A structure lawfully existing at the effective date of this by-law or any subsequent amendment thereto, which does not conform to one or more provisions of this by-law. Temporary Additional Living Area (to be added after Structure, Nonconforming, to read:) The Board of Appeals, as a Special Permit Granting Authority, may issue a Special Permit authorizing the conversion and use of a portion of a single family dwelling into a separate living area with cooking facilities for a family member of the owner or owners. Said permit shall be valid only for the occupancy of the said premises by the person for whom it is issued; upon cessation of occupancy by such person, the permit shall lapse, and be null and void. If occupancy of the said additional living area is then desired by another family member of the owner or owners, a new application for a Special Permit authorizing such occupancy shall be made. It is the intention of this provision that such additional living area shall not be used as an apartment for hire, but only as a convenience for a member of the owner's family, under special circumstances. Adopted Special Town Meeting, April 25, 1983. Art. 40. Trailer: Any vehicle which is immediately portable, and is arranged, intended, designed, or used for sleeping, eating, or temporary business use in conjunction with construction, or is a place in which persons may congregate including a house trailer or camper. Trailerand Recreational Vehicle: A vehicular, portable structure built on a chassis, designed as a temporary dwelling for travel, recreation and/or vacation. Added by action of Town Meeting, April 24, 1978, Article #60. Use : The purpose for which a structure or lot is arranged, designed, or intended to be used, occupied, or maintained. Use , Accessory:; A use incidental and subordinate to the principal use of a structure or lot, or a use, not the principal use, which is located on the same lot as the principal structure. II-10 Accessory use by area shall be interpreted not to exceed 40 percent of the area of the t otal use of the structure or lot on which it is located, but this area limitation shall not be applicable either to: (i) accessory off-street parking and loading spaces, whether or not in excess of that required in Section VIII, (ii) Accessory filling of water, wet area or depression, or (iii) accessory removal of gravel, sand, or other earth material incidental to and in connection with the construction of a building or a lot. Amended by action of Town Meeting, April 28, 1980, Article #5. Use , Nonconforming: A use lawfully existing at the time of adoption of this By-Law or any subsequent amendment thereto, which does not conform to one or more provisions of this By-Law. Use , Principal: The main or primary purpose for which a structure or lot is designed, arranged, or intended, or for which it may be used, occupied, or maintained under this By-Law. Any other use within the main structure or the use of any other structure or land on the same lot and incidental or supplementary to the principal use and permitted under this By-Law shall be considered an accessory use. Use , Substantially Different: A use which by reason of its normal operation would cause readily observable differences in patronage, service, sight, noise, employment or similar characteristics from the use to which it is being compared. Variance : Such departure from the terms of this By-Law as the Board, upon appeal in specific cases, is empowered to authorize under the terms of Section X. Yard : A portion of a lot upon which the principal building is situated, unobstructed artificially from the ground to the sky, except as otherwise provided herein. A court shall not be considered to be a yard or any part thereof. Yard , Front: A yard extending for the full width of the lot between the front line of the nearest building wall and the front lot line. Yard , Rear: A yard except by an accessory structure or accessory use as herein permitted, extending for the full width of the lot between the rear line of the building wall and the rear lot line. Yard , Side: Yard extending for the full length of a building between the nearest building wall and the side lot line II-11 SECTION III ESTABLISHMENT OF ZONING DISTRICTS A. Divisioninto Districts. The Town of Stoughton, Massachusetts is hereby divided into ten Zoning Districts to be designated as follows: FullName Short Name Residential-Suburban A RA Residential-Suburban B RB Residential-Suburban C RC Residential-Urban RU Residential-Multifamily R-M Central Business District CBD General Business GB Neighborhood Business NB Highway Business HB Industrial I Amended by action of Town meeting, April 24, l978, Article #53. Amended by action of Special Town Meeting May 3, 1999 Article #3. B. Zoning Map. The location and boundaries of the Zoning Districts are hereby established as shown on a map titled "Zoning Map of the Town of Stoughton, Massachusetts, Map C" dated June 29, l970 which accompanies and is hereby declared to be a part of this by-law. The authenticity of the Zoning Map shall be identified by the signature of the Town Clerk, and the imprinted seal of this Town under the following words: "This is to certify that this is the Zoning Map of the Town of Stoughton, Massachusetts, referred to in the Zoning By-Law of the Town of Stoughton, Massachusetts, which was approved by the Town Meeting on June 29, l970. C. Changes to Map. Any change in the location of boundaries of a Zoning District hereinafter made through the amendments of this By-Law shall be indicated by the alteration of such map, and the map thus altered as declared to be part of the By-Law thus, amended. The Zoning Map shall be drawn to scale of l" = 600' with ink in stable material, and shall be located in the Office of the Building Inspector. Photographic reductions of this large-scale map may serve as copies of the Zoning Map. D. Boundaries of District: Where any uncertainty exists with respect to the boundary of any district as shown on the Zoning Map, the following rules shall apply: 1. Where a boundary is indicated as a street, railroad, watercourse or other body of water, it shall be construed to be the centerline or middle thereof, or where such boundary approximates a town boundary, then to the limits of the town boundary. 2. Where a boundary is indicated as following approximately or paralled to a street, railroad, watercourse or other body of water, it shall be construed to be parallel thereto and at such distance therefrom as shown on the Zoning Map. If no dimension is given, such distance shall be determined by the use of the scale shown on the Zoning Map. 3. Where a dimensional boundary coincides within ten feet or less with a lot line, the boundary shall be construed to be the lot line. 4. Where a boundary is indicated as intersecting the centerline of a street, railroad, watercourse or other body of water, it shall be construed to intersect at right angles to said centerline, or in the case of a curved centerline, at right angles to the tangent to the curve at the point of intersection. E. Flood Hazard, Wetlands and Watershed Districts. INDEX Heading Section Short Title...........................................................1............. ... Purposes ......................................................2............ .......... Definitions...........................................................3.......... ...... Official Flood Hazard/Wetlands/Watershed Maps................. 3A Informational Flood Hazard/Wetland/Watershed Map ......... 3B Wetland Areas.....................................................3C............. Flood Hazard Areas ..................................................3D....... Watershed Areas...................................................3E........... Applicant............................................................3F..... ........ Wetland, Flood Hazard and Watershed Districts................. 3G Excluded Flood Hazard, Wetland and Watershed Districts .. 3H Drainage Report......................................................3I......... Engineering Presumption..............................................3J.... Use Regulations ......................................................4............ In Flood Hazard and Wetland Districts.................................. 4A In Watershed Districts ..............................................4B........ Special Conditions on Otherwise Permitted Uses in Flood Hazard, Wetland and Watershed Districts................ 4C Administration .....................................................5................ Zoning Board of Appeals ..............................................6........ Appeals and Applications for Special Permits, Generally..... 6A Appeals Claiming Improper Designation.............................. 6B Applications for Special Permits ....................................6C.... Required Submittals for Appeals and Special Permits ............. 7 Location Plan........................................................7A....... ....... Site Plan......................................................... ..7B.................. Conservation Commission ..............................................8....... Application .........................................................9............... .... Severability..........................................................10............. .... l. Short Title. This Section E. shall be known as the "Wetlands Protection By-Law" of the Town of Stoughton. 2. Purposes . The purpose of this Wetlands Protection By-Law are: a. To provide that the lands hereafter described in the Town of Stoughton, Massachusetts subject to seasonal or periodic flooding, shall not be used in such a manner as to endanger the health or safety of the occupants or neighbors thereof. b. To protect, preserve and maintain the water table and water recharge areas within the Town so as to preserve existing and potential public and private water supplies thereby assuring the public health and safety of the residents of the Town of Stoughton. c. To assure the continuation of the natural flow pattern of the water courses within the Town of Stoughton in order to provide adequate and safe floodwater storage capacity to protect persons and property against the hazards of flood inundation. d. To protect the community against costs and hazards to life, health and safety which may be incurred when unsuitable development occurs in watershed areas and in swamps, marshes, bogs, wet meadows, and other wetlands, along water courses, or in areas subject to floods. e. To protect existing property owners from damages arising out of the development of Watershed Areas, Flood Hazard Areas and Wetland Areas including damages consequent to the obstructio n of flood run-off and consequent to the disruption of the natural water table resulting from the alteration of existing surface or subsurface water flows. f. To protect future property owners who, but for these regulations, would purchase, develop or use for residential, business, industrial or recreational purposes, areas subject to periodic damage by flooding. g. To protect the Town from individual choices in the use of land which would likely require significant and extraordinary subsequent public expenditures for public works or disaster relief. h. To conserve in those areas not suitable for the purposes prohibited in this Section, natural condition, wildlife and open spaces for the general health, safety, and welfare of the public. 3. Definitions a. The official Flood Hazard/Wetland/Watershed Maps of the Town of Stoughton shall be those maps entitled, "Flood Hazard/Wetlands/ Watershed Maps, Town of Stoughton, Massachusetts, dated October l976 revised December 3,1976"(hereinafter "Official Maps") which have been prepared by C. E. Maguire, Inc., and which consist of one hundred and one (l0l) individual maps drawn to the scale of one inch equals one hundred (l00) feet and an index sheet which are incorporated as a part of this By-Law and the Federal Flood Insurance Rate Map and Flood Boundary and Floodway Map, Town of Stoughton, Massachusetts, Norfolk County Community Panel Numbers - 250253 000l; 250253 000lB; 250253 0002; 250253 0002B; 250253 0004; 250253 0004B; whichever map being the more restrictive in any particular area shall govern for that area and which shall be kept by the Building Inspector and copies in the office of the Town Clerk of the Town of Stoughton and shall be certified by the Town Clerk of the Town of Stoughton as being true and complete copies of said Wetlands Maps as adopted by the Town Meetings as the same may from time to time be amended or updated by action of the Town Meeting through the process required by law for the adoption of Zoning By-Law changes. All references in this Wetlands Protection By-Law to "Wetlands Maps" shall be deemed to be referenced to the "Official Maps" unless the context otherwise specifically requires. Adopted Annual Town Meeting, April 26, l982, Art 48. b. Informational Flood Hazard/Wetland/Watershed Map For the convenience of those persons who wish to obtain copies of a map which, with reasonable accuracy, delineates the Flood Hazard, Wetland, and Watershed Districts of the Town of Stoughton the Building Inspector and the Town Engineer shall prepare and have available for inspection and for copying (at the expense of the person requesting such copying) a single map of the entire Town of Stoughton which shall be drawn to a scale of one inch equals six hundred (600) feet and which shall indicate, with as much accuracy, as such scale will permit, all of the Flood Hazard, Wetland and Watershed Districts indicat ed on the Official Maps. In addition, the Building Inspector nd the Town Engineer may prepare for general circulation and for convenience of reference only such other copies of the Official Maps and the Informational Map drawn to such other scales, as they shall deem necessary or appropriate. c.Wetland Areas. Wetland Areas are defined as all areas in which the water table is seasonably at or near the surface of the ground although such areas may not be entirely covered by standing or flowing water during a l00-year Storm intending hereby to include generally all rivers, creeks, streams, brooks, ponds, lakes, and other waterways, and in addition all "bogs", "freshwater wetlands", "marshes", "swamps", and "wet” meadows" as those terms are defined by Chapter 8l8 of the Acts of l974 of the Commonwealth of Massachusetts. d. Flood Hazard Areas: The Flood Hazard Areas are defined as all areas subject to inundation during a l00-Year Storm. e. Watershed Areas: Watershed Areas are defined as all areas in the Town of Stoughton which border and lie within l00 feet of Flood Hazard Areas, Wetland Areas, rivers, brooks, lakes, ponds or stream systems. f. Applicant: An Applicant shall be a prospective purchaser who shall have signed a binding purchase and sales agreement for a Landowner's property or a Landowner or the duly appointed agent or representative of such Landowner or prospective purchaser and who shall have applied for a building or special permit, or a variance, or who shall have taken any other action under or pertaining to this Wetlands Protection By-Law. g. Wetland , Flood Hazard and Watershed Districts: The Wetland, Flood Hazard, and Watershed Districts are designated on the Wetlands Maps. These Districts have been delineated after careful study and represent as accurately as possible the Wetland, Flood Hazard, and Watershed Areas in the Town of Stoughton. h. Excluding Flood Hazard, Wetland, and Watershed Districts. All Flood Hazard, Wetland, and Watershed Districts, designated on the Official Maps which meet the following size and configuration specifications have been marked through with an "X". These Districts are not subject to the provisions of this Wetlands Protection By-Law and may be used for any purpose permitted in the underlying Zoning District in which they are located. Such excluded Districts are isolated Flood Hazard and Wetland Districts which comprise an aggregate surface area of l0,000 square feet or less computed by adding the total surface areas of all such isolated Flood Hazard and Wetland Districts which lie within a continuous Watershed District, and those isolated Industrial Zoned Wetland Districts within a continuous Watershed District that do not exceed an area of 4,500 square feet and are no closer than l00 feet to a Flood Hazard District or Wetland District. Notwithstanding the foregoing, no Flood Hazard or Wetland District is excluded from the provisions of this Wetlands Protection By-Law if it is part of a stream, creekbed, brook, river, or other waterway. Furthermore, such excluded Districts are still subject to any other federal, state or local laws governing activities in Flood Hazard, Wetland and Watershed Areas. Amended by action of Town Meeting, April 28, l980. Art #55. i.Drainage Report: The term "Drainage Report" shall mean the report entitled "Update of l963 Report on Drainage Facilities for Stoughton, Massachusetts, Section l", dated October, l976 as amended through December 30, l976, and as adopted by the Board of Selectmen on April l2, l977, and prepared by C. E. Maguire, Inc., Architects and Engineers, which is incorporated as a part of this By-Law. The master copy of the Drainage Report shall be kept by the Building Inspector and shall be certified by the Town Clerk as being a true and complete copy as adopted by the Town Meeting. Any changes or updates to such Drainage Report shall be incorporated into this Wetlands Protection By-Law only through the process required by Law for adoption of Zoning By-Law changes. j. Engineering Presumption. The term "Engineering Presumption" shall mean that there shall be a strong presumption that the formulae, assumption, constants, theories and engineering approaches incorporated directly or by reference in the Drainage Report including, without limiting the generality of the foregoing, the assumptions pertaining to the intensities and durations of l00-year Storms, Co-efficients of Run-Off, Time of Concentration, Flow in Conduits, Flow in Open Channels, Friction Coefficients and Drainage Areas are correct and complete and produce accurate results when applied to problems involving the movement and storage of water along or under the surface of the ground. The term shall mean further that an Applicant shall be able to rebut this presumption of accuracy only by a showing, using competent engineering data, that it is more likely than not that the use of formulae, assumptions, constants, theories and engineering approaches other than those which are given the benefit of the Engineering Presumption herein, will produce more accurate results than those which have the benefit of such presumption. 4. Use Regulations a . InFlood Hazard and Wetland Districts. The Flood Hazard and Wetlands Districts shall be considered as overlying other Zoning Districts. Any use permitted in the portions of the Zoning Districts so overlaid shall be permitted (subject to the applicable provision of paragraph C of this Section 4 of this Wetlands Protection By-Law) in the Flood Hazard and Wetland Districts, provided that, except as herein otherwise specifically provided, no building or structure shall be erected, constructed, altered, enlarged or moved into or within, no dumping, paving, filling or earth transfer or relocation shall be permitted nor shall such Districts be used for any purpose except the following which shall be allowed only to the extent permitted in the underlying Zoning District and subject to all other applicable Town By-Laws and to all federal, state, or local regulations governing construction in Flood Hazard or Wetland Areas or otherwise pertaining to the proposed use: (i) Conservation of water, plants and wildlife. (ii) Wildlife management areas, foot, bicycle and/or horse paths. (iii) Farming, including truck gardening, forestry nurseries, and harvesting of crops, provided that such activities are more distant than ten feet from the normal high water mark for the month of April of any stream, brook, or other waterway. (iv) Grazing of livestock. (v) Routine operation, maintenance and cleaning of existing dams, culverts, drainage, ditches, streams, rivers, ponds, lakes, and other waterways and water-control devices, subject to state and local laws. (vi) Temporary alteration of water levels and drainage and storage patterns for emergency reasons subject to the emergency procedures set forth in Section 40 of Chapter l3l of the Massachusetts General Laws or any successor statute thereto. (vii) Outdoor recreation, including play areas, nature study, boating, fishing and hunting where otherwise legally permitted, but excluding buildings or accessory buildings except as otherwise herein permitted. (viii) Structure (whether located in or outside of wetland or Flood Hazard Districts) lawfully existing prior to the adoption of this Wetlands Protection By-Law. (hereafter "pre-existing structures") including enlargement a nd/or extension thereof, into Flood Hazard or Wetland Districts and the maintenance and reconstruction thereof, or construction of accessory structures to such pre-existing structures, provided that such construction, reconstruction, or alterations within the Flood Hazard or Wetland Districts shall not inc rease the area of ground coverage in the Flood Hazard or Wetland Districts of the pre-existing structures and such accessory structures considered in the aggregate by more than 40% over the area (whether such area was located in or outside of the Wetland or Flood Hazard District) which was covered by the pre-existing structures. (ix) Septic systems lawfully existing within Wetland and Flood Hazard Districts prior to the adoption of thi s Wetlands Protection By-Law, including maintenance, reconstruction, enlargement and/or extension thereo f. Nothing herein shall prohibit the enlargement and/o r extension into a Flood Hazard District of septic sy stems lawfully existing wholly or partially outside of the Flood Hazard District at the time of the adoption of this Wetlands Protection By-Law. (x) The construction, reconstruction, enlargement or extension of paved play areas, tennis courts, driveways, swimming pools, and the like incidental to a residential structure lawfully existing prior to the adoption of this Wetlands Protection By-Law. (xi) The construction, installation and maintenance by a private contractor pursuant to an approved sub-division plan or by public utilities or by the Town of Stoughton of public or municipal utilites including, without limitation, storm and sanitary sewers, sewer connecting lines (by a contractor approved by the Town of Stoughton except in a subdivision that is under covenant or bond), pumping stations, water and gas lines, electric transmission lines and telephone lines, provided that subsequent to the completion of such work the pre-existing water storage and flowage characteristics of the land are approximately restored. (xii) The placement of signs, provided such signs do not affect the natural flow pattern of any water course. (xiii) Temporary stands for refreshment or for the sale of produce grown on the premises. (xiv) Temporary location of carnivals, fairs, circuses, arts and crafts displays, flea markets, concerts, and similar recreational and educational uses. (xv) Any of the following uses if a special permit is, in each case, obtained from the Board of Appeals provi ded that subsequent to the completion of such work the pre-existing water storage and flowage characteristics of the land are approximately restored: (a) Greens and fairways for golf courses. (b) Range area for rifle or archery clubs. (xvi) Bridges, causeways, elevated walkways or access roads ancillary to permitted or permissive uses within or near the underlying Zoning Districts upon special permit from the Board of Appeals; provided that subsequent to the completion of such work, the pre-existing water storage and flowage characteristics of the land are approximately restored. (xvii) Construction of ponds, retention ponds, dams, and relocation of waterways, provided that a special permit is obtained from the Board of Appeals which special permit may only be granted upon a clear showing by the Applicant that the conditions set forth in Section 6 C of this Wetlands Protection By-Law and all of the following conditions shall have been satisfied: (a) The instantaneous overflow from such pond, retention pond, waterway, or dam (without the need for adjustment or manual control) during a l00-Year Storm, measured at the boundary of the Applicant's Property, will not be greater than the instantaneous outflow as it would have been during such storm at such boundary prior to the construction of such pond, r etention pond, waterway, or dam. (b) The area inundated by such pond, retention pond, waterway, or dam, during normal conditions and during a l00-Year Storm shall not exceed the limits of the Applicant's property or such other limits as the Applicant shall have the right by valid instrument to flood. In addition, such normal and l00 -Year inundation shall not cause other structures including existing septic systems or other uses to be brought within 25 feet (or such greater distance as may be required by law) of such inundated area. (c) The course of the run-off from s aid pond, retention pond, waterway, or dam shall be unaltered downstream of the Applicant's property subsequent to the construction of such pond, retention pond, waterway or dam except as affected landowners, downstream, may otherwise agree in writing. (d) The ground water table in the area surrounding the pond, retention pond, waterway, or dam shall not be altered to the detriment of neighboring landowners, whether or not the lands of such owners abut the property of the Applicant. (e) Except as herein otherwise provided the construction, location, capacity, and outflow of the pond, retention pond, waterway, or dam shall not be inconsistent with the overall drainage plan of the Town of Stoughton as it applies to the area in which the Applicant's property is located. (f) Under normal and low flow conditions, the instantaneous outflow from the proposed pond, retention pond, waterway or dam measured at the boundary of the Applicant's property will be (without the need for adjustment or manual control) approximately equivalent to the instantaneous outflow at such point under similar conditions prior to the construction of such pond, retention pond, waterway or dam, and (g) The pond, retention pond, waterway or dam shall otherwise be constructed in accordance with applicable federal, state or local laws pertaining to the construction, maintenance and operation of man-made dams, ponds, retention ponds or waterways. b. I Watershed Districts. The Watershed Districts shall be considered as overlying other Zoning Districts and may be used to the extent permitted in the Underlying Zoning District, provided that, except to the extent permitted in Flood Hazard and Wetland Districts, no new buildings or structures shall be erected, constructed, altered
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