The purposes of this bylaw are to promote the health, safety,
convenience, morals, and general welfare of the inhabitants of the
Town of Mansfield, to protect and conserve the value of property within
the Town, to increase the amenities of the Town, and to secure safety
from fire, congestion or confusion, all in accord with the General
Laws of the Commonwealth of Massachusetts, Chapter 40A.
This bylaw shall not apply to existing buildings or structures,
nor to the existing use of any building or structure, or of land to
the extent of that use at the time of the adoption of the bylaw.
A.Â
For the purposes of this bylaw, any lawful building or structure
or use of a building, structure or land or part thereof may be constructed,
altered, enlarged and used for any purpose which does not violate
any section of this bylaw or any of the provisions of the bylaws of
the Town of Mansfield.
B.Â
For the safety and general welfare, all principal buildings designed
or intended for residence purposes hereafter erected shall be in a
location which fronts upon an accepted street or upon a public way
of sufficient width to secure safety from fire and to provide adequate
light and air; such width to be determined by the Select Board and
approved by the Planning Board.
C.Â
Any lots recorded at the time of the adoption of this bylaw may be
used for any permitted use in the district in which the lot is located,
provided that lots which do not conform are used with the minimum
nonconformance as to yards as approved by the Board of Appeals, provided
there was at the time of the effective date of this bylaw no other
land under the same ownership available for use, and further provided
that any lot on which more than one house existed at the time of the
adoption of the bylaw may be divided and sold to separate owners.
A.Â
The provisions of this bylaw, so far as they are the same as those
of existing bylaws, shall be construed as continuations thereof. All
bylaws or parts of bylaws heretofore adopted which are inconsistent
with the provisions of this bylaw are hereby repealed.
B.Â
When this bylaw imposes a greater restriction of the use of buildings,
structures or premises or on height of buildings, or requires larger
yards or open spaces than are imposed or required by any regulations
or permits, or by any restrictions or permits, or by any regulations,
easements, covenants or agreements, the provisions of this bylaw shall
control.
For the purpose of this bylaw, certain terms and words are herein
defined as follows: Words used in the present tense include the future;
words in the singular number include the plural number and words in
the plural number include the singular number; the word "shall" is
mandatory and not directory; the word "building" includes the word
"structure"; the word "lot" includes the word "plot"; the word "land"
includes the words "marsh" and "water."
A detached subordinate building located on the same lot with
the main building or use, the use of which is customarily incidental
to that of the main building or to the use of the land. Where a substantial
part of a wall of an accessory building is part of the wall of the
main building, or where an accessory building is attached to the main
building, such accessory building shall be counted as part of the
main building.
A use customarily incidental and subordinate to the main
use or building and located on the same lot therewith. In no case
shall such accessory use dominate in area, extent, or purpose the
principal lawful use of the building and shall not be located between
the principal building and the street right-of-way.
An establishment having as a substantial or significant portion
of its stock-in-trade books, magazines and other matter which are
distinguished or characterized by their emphasis depicting, describing
or relating to sexual conduct or sexual excitement as defined in MGL
c. 272, § 31.
A nightclub, bar, restaurant, tavern, dance hall, or similar
commercial establishment which regularly features:
An establishment used for presenting a substantial or significant
portion of material distinguished by an emphasis on matter depicting,
describing or relating to sexual conduct or sexual excitement as defined
in MGL c. 272, § 31.
An establishment having as a substantial or significant portion
devices, objects, tools, or toys which are distinguished or characterized
by their association with sexual activity, including sexual conduct
or sexual excitement as defined in MGL c. 272, § 31.
For the purposes hereof, the words "substantial or significant" shall
mean more than 25% of the establishment's inventory of stock or more
than 25% of the establishment's gross floor area.
An establishment having as a substantial or significant portion
of its stock-in-trade videos, movies, or other film materials which
are distinguished or characterized by their emphasis depicting, describing,
or relating to sexual conduct or sexual excitement as defined in MGL
c. 272, § 31. For the purposes hereof, the words "substantial
or significant" shall mean more than 25% of the establishment's inventory
of stock or more than 25% of the establishment's gross floor area.
A-frame/sandwich board signs are permitted in the Downtown
Business Zone only and are defined as follows: a nonpermanent, two-sided
advertising sign in the shape of the letter "A" that displays information
on the sponsoring business, located directly in front of said business.
The land area in line with airport runways as indicated schematically on the Zoning Map referred to in Article II of this bylaw and as defined in MGL c. 90, § 35B, as amended.
[Added 4-9-2019 ATM by
Art. 35]
FAMILY ENTERTAINMENT CENTERSixty-five thousand square foot or smaller indoor facility or facilities that provides a variety of amusement opportunities. These uses may include, but are not limited to, a skating rink, theater, cinema, bowling alley, arcade, indoor golf or other sports simulation, art-studio-like enrichment activities or other uses, as well as food and beverage offerings.
Adult bookstore, adult motion-picture theater, adult paraphernalia
store, adult video store and adult cabaret are specifically excluded
from this definition.
A building or area within a building, the primary use of
which is the display of works of art such as paintings, photographs
or sculpture for viewing or purchase.
[Added 4-10-2018 ATM
by Art. 27]
The flood having a one-percent chance of being equaled or
exceeded in any given year.
A structure having a roof supported by columns or walls for
shelter, support or enclosure of persons, animals or chattels. When
separated by division walls from the ground up without openings, each
portion of such building shall be deemed a separate building.
The wall of the building most nearly parallel with and adjacent
to the front of the lot on which it is situated.
Measured vertically from sidewalk grade at front of structure
to the highest point of a roof; and to the mean height level between
eaves and a ridge of a gable, hip or gambrel roof, excluding structural
elements not meant for habitation. Those nonhabitable elements shall
not exceed five feet above the maximum building height except by special
permit of the Planning Board, including but not limited to elevator
penthouses, chimneys, wireless communication antenna arrays, smoke
and ventilation stacks, roof-mounted solar energy systems, stairwells
and parapet walls designed solely to screen mechanical and elevator
equipment.
[Amended 11-4-2021 STM by Art. 17]
A building in which is conducted the principal use of the
lot on which it is situated. In any residential district, any dwelling
or apartment shall be deemed to be a main building on the lot on which
the same is situated.
Any human-made change to improved or unimproved real estate,
including, but not limited to, building or other structures, mining,
dredging, filling, grading, paving, excavation or drilling operations.
A business in the Downtown Business Zone having a nonprimary,
for zoning purposes, secondary frontage on a public or private way
or public or private parking lot may be permitted an additional wall
sign on that second frontage. Said wall sign shall not be greater
in length than 20% of the rear facade of the building. Rear wall signs
shall not be larger than 16 square feet.
An individual or two or more persons related by blood, marriage,
or legal adoption living as a single housekeeping unit and including
necessary home help. A group of individuals not related by blood,
marriage, or legal adoption but living together as a single housekeeping
unit may constitute a family. For purposes of controlling residential
density, each such group of four individuals shall constitute a family,
except those residential homes duly authorized by the Commonwealth
of Massachusetts.
Administers the National Flood Insurance Program. FEMA provides
a nationwide flood hazard area mapping study for communities as well
as regulatory standards for development in the flood hazard areas.
The land in the floodplain within the municipal boundaries
of the Town of Mansfield subject to a one-percent or greater chance
of flooding in any given year. The area is designated as Zones A and
AE on the FIRM dated July 7, 2009.
The ratio of gross floor area of all buildings, exclusive
of parking structures, to the total lot area. The gross floor area
includes all of the floor area on all floors contained within the
outside dimensions of the building.
A building, a part of a building or a group of buildings,
other than a private garage, made up of units containing provisions
for not more than two motor vehicles in each unit, in which motor
vehicles are kept and taken care of by their respective owners, who
are either tenants or owners of each unit in which their motor vehicles
are kept, all said motor vehicles being solely for private or professional
use, and not for sale, rent, hire, exhibition or demonstration purposes.
A detached accessory building of not more than 35% of the
ground floor of the main building, used for the purposes of parking
or temporary storage of automobiles of occupants of the premises,
except that one space may be used by the private automobiles of persons
not resident on the premises.
Any refuse or material determined to be hazardous waste pursuant
to Chapter 21C of the Massachusetts General Laws or the regulations
promulgated thereunder at 310 CMR 30.00 et seq.; or any waste or material
determined to be hazardous waste pursuant to the bylaws and regulations
of Mansfield, if any.
Any refuse dumping ground, sanitary landfill, solid waste
landfill, or any other works or facility that disposes of or places
refuse into the land and is subject to MGL c. 111, § 150A.
An off-street space or berth on the same lot with a building,
or contiguous to a group of buildings, for the temporary parking of
vehicles while loading or unloading merchandise or material, and which
has access to a street, alley or other appropriate means of ingress
and egress.
A parcel of land, either occupied or vacant, or to be occupied
by a building or group of buildings and accessory buildings and used
together with such yards and other open spaces as are required by
this bylaw. A lot may be land so recorded in a deed or on a plat of
record, or it may include parts of or a combination of such lots when
adjacent to one another, provided such ground is used for one improvement.
All lots shall front on and have ingress and egress by means of a
street or public right-of-way.
Any lot abutting two or more streets at their intersection.
Minimum frontage shall be required on one street; front yard setbacks
shall be required from all streets.
The mean distance between front and rear lot lines.
The front of a lot shall be considered to be that boundary
of the lot which abuts on a street. In the case of a corner lot, the
narrowest boundary fronting on a street shall be considered to be
the front of the lot. In case the corner lot has equal frontage on
two or more streets, the lot shall be considered to front either on
the principal street or on the street on which the greatest number
of buildings have been erected within the same block. In the case
of any corner lot, access to the lot may be permitted from any street
abutting the lot.
The width of any lot shall be no less than the minimum lot frontage dimension as provided in § 230-4.2, for a distance equal to the required frontage measured at the ninety-degree angle, +/-20°, from the front of the lot as described herein.
[Added 4-10-2018 ATM
by Art. 27; amended 4-9-2019 ATM
by Art. 34]
Marquee signs are permitted in the Downtown Business Zones and
the Reservoir District only and are defined as follows: a structure
projecting over the entrance, or from the facade of a theatrical entertainment
center, art gallery or museum, commonly containing signage stating
the name of the establishment and may also display the event or performance
and cast currently appearing or soon to appear at that location. Events
must be held on the premises. Signs may be permitted to overhang a
sidewalk or project from the front face of a building, provided that
they do not exceed 12 square feet per side in area. Such signs shall
not project more than two feet from the front face of the building
wall and shall be at least eight feet above the ground. A marquee
sign may be internally illuminated, bulb lit or ground lit. Flashing,
animated, moving or otherwise distracting marquee signs are not permitted.
While the preceding subsection defines the maximum dimensions
of a marquee sign in Mansfield's Downtown Business Zones, it is the
specific intent of the following subsection to allow for larger marquee
signs in the Reservoir District.
Marquee signs in the Reservoir District may not be allowed to
overhang a public sidewalk by more than two feet, but may be allowed
to project from the face of the building up to six feet and may contain
up to 32 square feet per side. The lowest point of the marquee sign
shall be no less than eight feet above the ground.
An entity licensed under 935 CMR 501.101 by the Commonwealth
Cannabis Control Commission that acquires, cultivates, possesses,
processes (including development of related products such as edible
MIPs, tinctures, aerosols, oils, or ointments), transfers, transports,
sells, distributes, dispenses, or administers marijuana, products
containing marijuana, related supplies, or educational materials to
registered qualifying patients or their personal caregivers for medical
use. Unless otherwise specified, "MTC" refers to the site(s) of dispensing,
cultivation, and preparation of marijuana.
[Added 11-4-2021 STM by Art. 15]
A building or area within a building, the primary use of
which is the display of articles of historic, scientific, cultural
or artistic value.
[Added 4-10-2018 ATM
by Art. 27]
A building, structure, or portion thereof lawfully existing
and used at the time this bylaw became effective, which was designed,
erected or structurally altered for a use that does not conform to
the use regulations of the district in which it is located; or a building
or structure that does not conform to all of the intensity regulations
of the district in which it is located.
A use which lawfully occupied a building or portion thereof
or land at the time this bylaw became effective and which does not
conform to the use regulations of the district in which it is located.
A refuse incinerator which is not governed by MGL c. 111,
§ 150A, and MGL c. 40A, § 9, as enacted at
time of this bylaw's adoption, and more particularly defined as a
refuse incinerator rated by the Massachusetts Department of Environmental
Protection ("DEP"), or represented by the facility applicant in the
absence of a DEP rating, at one ton per hour or less of refuse incineration.
See "base flood."
In reference to Table 4.2B,[1] open space is defined to include:
Those portions of the lot area devoted to plantings, including
grass areas.
Pedestrian-oriented paved areas devoted to functional, social
or recreational use in common by the residents of the complex, provided
that such areas are kept essentially open to the out-of-doors and
are at ground level.
Specifically excluded from this definition of open space are
those areas devoted to driveways, parking and service areas, whether
or not designed for multiple use.
A set of zoning requirements that is imposed in addition
to those of the underlying district. Development within the overlay
districts or the more restrictive of the two.
Any public or private corporation, individual, trust, firm,
joint-stock company, joint venture, partnership, association, or other
entity, and any officer, employee or agent of said person, and any
group of said persons.
A business in the Downtown Business Zones or in the Reservoir
District having a non-primary, for zoning purposes, secondary frontage
on a public or private way or public or private parking lot may be
permitted an additional wall sign on that second frontage. Said wall
sign shall not be greater in length than 20% of the rear facade of
the building. Rear wall signs shall not be larger than 16 square feet.
[Added 4-10-2018 ATM
by Art. 27]
The demolition of a structure and the rebuilding of a new
structure on the same lot.
A temporary residence used for recreational purposes, house
car, camp car, or any portable or movable vehicle on wheels, skids,
or rollers, not structurally anchored to a foundation, propelled by
an attached vehicle or other propelling apparatus.
All solid or liquid waste materials, including garbage and
rubbish, refuse incinerator ash and sludge, but not including sewage,
and those materials defined as hazardous wastes in MGL c. 21C,
§ 2, and those materials defined as source, special nuclear
or by-product material under the provisions of the Atomic Energy Act
of 1954.[2]
A refuse incinerator rated by the Massachusetts Department
of Environmental Protection ("DEP") at more than one ton of refuse
per hour or other facility for incinerating refuse that is subject
to MGL c. 111, § 150A.
Any words, lettering, parts of letter figures, numeral phrases,
sentences, emblems, devices, trade names or trademarks by which anything
is made known, such as are used to designate an individual, a firm,
an association, a corporation, a profession, a business, or a commodity
or product, which are visible from a public street or right-of-way
and used to attract attention.
Soils in this association are very poorly drained organic
soils and very poorly, and poorly, drained mineral soils on low-lying
nearly level terrain. This soil association has slight limitations
for wetland wildlife and for some kinds of recreation use. Many tracts
provide suitable habitat for wetland wildlife or the habitat can be
improved with relative ease. The area has severe limitations for residential,
commercial, or industrial use because of wetness. Nearly all tracts
are difficult to drain sufficiently for such uses. In addition, the
organic soils can support only slight weight in comparison to mineral
soils.
An area having special flood and/or flood-related erosion
hazards, and shown on the FIRM as Zones A and AE.
Any repair, reconstruction, or improvement of a structure,
the cost of which includes or exceeds 50% of the market value of the
structure either:
That portion of a building included between the surface of
any floor and the surface of the next floor above it, or if there
be no floor above it, then the space between such floor and the ceiling
next above it. Any portion of a story exceeding 14 feet in height
shall be considered as an additional story for each 14 feet or fraction
thereof. "Half (1/2) story" means any story or space situated, wholly
or partly, in the roof, so designated, arranged or built to be used
for storage or habitation.
A public thoroughfare, 30 feet or more wide between property
lines.
The dividing line between a street and a lot and, in the
case of a public way, the street line established by a public authority
laying out the way upon which the lot abuts.
Anything constructed or erected which requires location on
the ground, or attached to something having location on the ground.
A parking space that can only be used after crossing another
parking space, allowing one car to park directly behind another car.
Vertical lift parking spaces shall be considered a tandem parking
space.
[Added 4-11-2017 ATM
by Art. 30]
See § 230-3.4J.
A venue, the primary use of which is the presentation of
entertainment events, such as theater productions, dance, music or
other family events.
[Added 4-10-2018 ATM
by Art. 27]
An open space, other than a court, on the same lot with a
building or group of buildings and a lot line and is unoccupied and
unobstructed from the ground upward.
A yard extending across the full width of the lot and lying
between the front lot line of the lot and the nearest line of the
building. The depth of a front yard shall be the minimum distances
between the building and the front lot line measured at right angles
to the front line of the lot.
A yard extending across the full width of the lot and lying
between the rear lot line of the lot and the nearest line of the building.
The depth of a rear yard shall be the minimum distance between the
building and rear lot line, measured at right angles to the rear line
of the lot.
An open, unoccupied space between the side lot and the nearest
line of the building and extending from the front yard to the rear
yard, or, in the absence of either such yards, to the front or rear
lot lines, as may be. The width of a side yard shall be the minimum
distance between the building and the side lot line, measured at right
angles to the side line of the lot.
[1]
Editor's Note: Table 4.2B is included as an attachment to this chapter.
[2]
Editor's Note: The former definition of "registered nonprofit
medical marijuana dispensary," which immediately followed this definition,
was repealed 11-4-2021 STM by Art. 15. See now the definition of "medical
marijuana treatment center (MTC)."
