A.
No structure shall be erected or used or land used
except as set forth in the Use Regulation Schedule[1] or in § 195-6, Accessory uses, unless exempted by this chapter or by statute. Uses not expressly provided for herein are prohibited. Not more than one principal structure shall be placed on a lot, except in accordance with § 195-12.
[1]
Editor's Note: The Use Regulation Schedule is included as an attachment to this chapter.
B.
When an activity might be classified under more than
one of the uses on the Use Regulation Schedule, the more specific
classification shall govern; if equally specific, the more restrictive
shall govern.
Any use permitted as a principal use is also allowed as an accessory use, as are others customarily accessory and incidental to permitted principal uses. Accessory uses are permitted only in accordance with lawfully existing principal uses. An accessory use may not, in effect, convert a principal use to a use not permitted in the zoning district in which it is located. Where a principal use is permitted under special permit, its accessory use is also subject to the special permit. In all instances where site plan review and approval are required for a principal use, the addition of any new accessory use to the principal use, where such addition exceeds the thresholds established in § 195-104, shall also require site plan review and approval.
A.
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 production 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.
B.
Major recreational equipment. No major unregistered
recreational equipment shall be stored on any lot in a residential
district other than in a carport or enclosed building or behind the
building line of the principal building; provided, however, that such
equipment may be parked anywhere on residential premises for a period
not to exceed 72 hours. No such equipment shall be used for living
or housekeeping purposes when stored on a residential lot or in any
location not approved for such use. All equipment which does not conform
to these regulations shall be considered nonconforming.
C.
Family day-care homes. Family day-care home providers
shall be registered with and have obtained all applicable licenses
from the Commonwealth of Massachusetts Office of Children and shall
be in full compliance with all applicable rules and regulations promulgated
by the Office of Children as set forth in accordance with MGL c. 28A,
particularly §§ 9 through 13 thereof, and in accordance
with Section 13 of Chapter 785 of the Acts of 1972. Providers shall
also comply with the provisions of the Life Safety Code adopted by
the National Fire Protection Association, Section 10-9, Family Child
Day-Care Homes, and any amendments or revisions thereto or act in
relation thereto.
D.
Barn sale, yard sale, garage sale or flea market.
The temporary use of residential, institutional or industrial premises
for the sale of personal property is permitted, provided that a temporary
occupancy permit is obtained. Such permits shall be issued by the
Inspector of Buildings for up to two consecutive days only, not more
than twice each calendar year for any given premises. For each such
sale a separate permit shall be required. No merchandise dangerous
to life or limb shall be shown or sold, and all persons conducting
such sales shall take all necessary steps for the protection of persons
while on their premises.
E.
Up to two cattle, horses, sheep, hogs, goats, or similar
livestock may be maintained accessory to a dwelling only on a lot
having an area not less than 40,000 square feet. An additional 15,000
square feet is required per large farm animal in excess of the first
two. Such animals and their wastes shall be contained at least 50
feet from any abutting lot line of a residentially used lot and at
least 50 feet from any year-round surface water body.
[Amended 10-16-2017 by
ATM, Art. 20; 2-4-2019 STM by Art. 1]
[Added 10-15-2001 ATM by Art. 19; amended 10-18-2010 ATM by Art.
18]
A.
Objectives.
(1)
To allow the provision of a limited accessory apartment (LAA) within
an as-existing (as of the date of application) single-family dwelling
unit for extended family members of the owner;
(2)
To assure that the single-family character of the neighborhood will
be maintained;
(3)
To assure that the limited accessory apartment shall not be converted
to a rental unit;
(4)
To provide for flexibility within the existing Zoning Bylaw
to afford an opportunity to accommodate additional living arrangements;
(5)
To plan for changing demographics and economic climate;
(6)
To increase the supply of affordable housing for family members;
(7)
To provide housing options for extended family members;
(8)
To ensure compliance with building, safety, fire code standards
and zoning provisions.
B.
EXTENDED FAMILY MEMBER
LIMITED ACCESSORY APARTMENT (LAA)
Definitions. The following definitions shall apply to the LAA Bylaw:
Related by blood, marriage, or adoption to the owner of the
property, or to the owner's spouse, or persons providing nursing or
domiciliary care.
An area contained within an owner-occupied as-existing (as
of the date of application) single-family dwelling unit that maintains
internal access and circulation to the dwelling unit, and which is
restricted to extended family members, consisting of provisions for
bathing, cooking and sleeping. The inclusion of an apartment within
a single-family dwelling unit does not convert the single-family dwelling
to a two-family dwelling. Internal walls and doors, for purposes of
privacy, and additional means of access/egress are not precluded.
The LAA shall be ancillary/subordinate in size, location and function
to the single-family dwelling unit.
C.
Applicability/Eligibility.
(1)
The Building Inspector may issue a permit (by right) for an LAA based
upon the following criteria:
(2)
The Zoning Board of Appeals may issue a special permit for a LAA
located within a new addition, inclusive of additions made to legal
nonconforming structures.
(3)
The Zoning Board of Appeals may issue a waiver for a deviation from any of the design standards in Subsection D.
(4)
The Zoning Board of Appeals may issue a special permit for the renewal
of an LAA that has been discontinued and where a permit has automatically
lapsed and become null and void.
(5)
LAAs shall not be rented to or occupied by persons who do not qualify
as extended family members.
D.
Design standards.
(1)
Ingress, egress, access. Adequate provision, as determined by
the Building Inspector, shall be provided for separate ingress and
egress to the outside of the limited accessory apartment. To the extent
possible, exterior passageways and accessways shall not detract from
the single-family appearance of the dwelling. Any new exterior entrance
for the LAA shall be located to the side or rear of the single-family
dwelling. Staircases, serving a second or third floor, shall be enclosed.
An interior doorway shall be provided between the LAA and the principal
dwelling unit.
(2)
Area limitation. An LAA shall be limited to a maximum of 750
square feet of gross floor area, exclusive of stairwells and common
areas associated with ingress, egress or access.
(3)
Parking and utilities. Provisions for off-street parking of residents and guests of both units shall be provided so as to be consistent with the character of the neighborhood, as determined by the Zoning Board of Appeals. The requirements of § 195-17 need not apply to the LAA. Both the principal and accessory apartment shall be tied into Town sewer, if available. The LAA shall not have separate metered utilities, unless required by the State Building Code.
(4)
Only one LAA may be created per lot.
(5)
An LAA shall not have more than two occupants.
E.
Use restriction. To ensure continued compliance with owner-occupancy
and other bylaw requirements by current as well as by any subsequent
owners, LAAs permitted under this bylaw shall be subject to a use
restriction, to be recorded in the Registry of Deeds. The use restriction,
to be provided by the Building Inspector, shall be the only form acceptable
and shall include the following:
(1)
Notice that the existence of the LAA is predicated upon occupancy
by the owner or the owner's extended family, to whom the permit has
been issued;
(2)
Notification to a buyer of the LAA bylaw;
(3)
Upon sale of the property, the new owner shall be required to
file a new application, with the Building Inspector, for purposes
of maintaining the LAA;
(4)
Within 30 days of receipt of a letter from the Building Inspector
determining a violation, a special permit shall be sought for the
continuation of the LAA. Failure to apply for the special permit within
30 days shall result in the LAA being discontinued and the permit
shall automatically lapse and be null and void.
(5)
Require that current and future property owners notify the Building
Inspector in the event the LAA has been or will voluntarily be discontinued.
(6)
The dwelling unit remains a single-family and the LAA cannot
be rented to persons who are not extended family members.
F.
Procedural requirements.
(1)
By right. The Building Inspector shall issue a building permit for an LAA allowed by right in compliance with Subsection D.
(2)
Special permit. The Zoning Board of Appeals shall hold a public
hearing, in accordance with MGL c.40A, § 9, for LAA allowed
by special permit.
(3)
Prior to the issuance of a building permit, the special permit,
if applicable, and the use restriction shall be recorded in the Registry
of Deeds and evidence of such shall be submitted to the Building Inspector.
G.
Submission requirements. For purposes of both by right and special
permit applications, the following shall be submitted:
(1)
Architectural plans for the entire structure, including building
elevations and floor plans.
(2)
Site plan showing at a minimum the footprint of all structures,
all building entrances and exits, parking, and screening from abutting
uses.
(3)
The names of the owner and the person(s) proposed to reside
in the limited accessory apartment.
(4)
An executed use restriction regarding the LAA, as described
above.
H.
Criteria for approval. The Zoning Board of Appeals may grant a special permit for an LAA based upon the criteria as set forth in § 195-103 of this Zoning Bylaw. In order to provide an adequate dwelling unit for disabled and handicapped individuals, the Zoning Board of Appeals may allow reasonable deviation from the requirements of this bylaw where the Board finds that it is necessary to install features that facilitate access and mobility for disabled persons in addition to any requirements in accordance with the Massachusetts State Building Code and as exempt pursuant MGL c.40A, § 3.
(1)
Monitoring, inspections and enforcement. The following methods
are available to ensure continued compliance with these regulations
as set forth:
(a)
In accordance with § 195-6.1(3), upon the sale of
the property, the new owner shall be required to file a new application
with the Building Inspector. Upon filing, the Building Inspector shall
conduct an inspection of the LAA for purposes of verifying compliance.
(2)
If a complaint is filed with the Building Inspector, the Building Inspector shall inspect the LAA for purposes of determining whether there is a violation. If a violation is found, the owner shall apply to the Zoning Board of Appeals for a special permit for the continuation of the LAA; such application shall be filed within 30 days from the receipt of the letter from the Building Inspector notifying the owner of the violation. Failure to apply for the special permit within 30 days shall result in the LAA being discontinued and the permit shall automatically lapse and be null and void. Renewal of said LAA that has been discontinued in which the permit has automatically lapsed and become null and void may be sought in accordance with § 195-6.1C(4).
(3)
Discontinued LAAs, whether by choice of the property owner or
as a result of a violation, may be inspected by the Building Inspector
by providing reasonable notice to the property owner.
[Amended 10-21-2013 ATM by Art. 13]
A.
Home occupations as of right. Businesses or professions incidental
to and customarily associated with the principal residential use of
premises may be engaged in as an accessory use by a resident of that
dwelling; provided, however, that all of the following conditions
shall be satisfied:
(1)
The occupation or profession shall be carried on wholly within the
principal building or within a building or other structure accessory
thereto which has been in existence at least five years, without extension
thereof.
(2)
Not more than 25% of the combined gross floor area, not to exceed a maximum of 500 gross square feet, of the residence and any qualified accessory structures shall be used in the home occupation. The gross square feet shall be calculated based upon square feet principally used for the home occupation. Common areas within the principal structure shall not be included in this calculation. In calculating gross floor area for the purposes of a home occupation, the provisions of this section shall prevail over those in § 195-108 (floor area, gross).
(3)
No person not a member of the household shall be employed at the
home occupation site.
(4)
The home occupation shall not serve clients, customers, salespersons
or the like on the premises with the exception of individualized services
not to exceed four visits per day and the visits cannot occur concurrently.
Business hours shall be from 8:00 a.m. to 8:00 p.m., Monday through
Saturday.
(5)
There shall be no sign or exterior display, no exterior storage of
materials and no other exterior indication (such as but not limited
to noise, smoke, dust, odor, vibrations) of the home occupation or
other variation from the residential character of the premises, including,
but not limited to, alterations to utility services which may not
be increased beyond that which is required for residential structures
of similar size.
(6)
No use or storage of hazardous materials in quantities greater than
associated with normal household use shall be permitted.
(7)
Traffic generated shall not exceed volumes normally expected in a
residential neighborhood.
(9)
By-right home occupations shall be required to apply for a business
certificate with the Town Clerk.
B.
Home occupations by special permit. All non as-of-right businesses
or professions incidental to and associated with the principal residential
use of premises may be engaged in as an accessory use by a resident
of that dwelling upon the issuance of a special permit by the Board
of Appeals; provided, however, that all of the following conditions
shall be satisfied:
(2)
Not more than one person not a member of the household shall perform
work in the home occupation at any one time.
(3)
An unlighted sign of not more than three square feet in area may
be permitted. The visibility of exterior storage of materials and
other exterior indications of the home occupation, or other variation
from the residential character of the premises, shall be minimized
through screening and other appropriate devices.
(4)
Parking generated by the home occupation shall be accommodated off
street, other than in a required front yard, and shall not occupy
more than 20% of the lot area. In granting a special permit, the Board
of Appeals may consider the use of on-street parking if it finds that
the neighborhood will not be adversely impacted.
(5)
The use or storage of hazardous materials in quantities greater than
associated with normal household use shall be subject to design requirements
to protect against discharge to the environment.
(6)
No more than two commercial motor vehicles, including trailers, may
be parked in the driveway, provided that:
(a)
The motor vehicles, including any associated trailers, do not
exceed a total combined 28,000 pounds' gross vehicle weight;
(b)
The motor vehicles shall not be heavy construction equipment/apparatus;
(c)
The motor vehicles are not loaded in whole or in part with noxious,
flammable, dangerous or offensive materials or liquids.
C.
Special permits by the Zoning Board.
(1)
A special permit may be issued to waive Subsection A(1) to allow for a building that is less than five years old to be considered for the home occupation, provided the structure was an existing structure and not constructed solely for the home occupation.
(3)
A special permit may be issued to waive Subsection A(5) if it is determined that a sign not to exceed two square feet or any exterior alteration associated with the household occupation will not detract from the character of the neighborhood or the residential structure.
(4)
A special permit may only be granted to the current homeowner, shall
be personal to that person, and shall not be transferable upon the
sale of the property.
A.
Applicability. This chapter shall not apply to structures or uses lawfully in existence or lawfully begun or to a building or special permit issued before the first publication of notice of the public hearing required by MGL c. 40A, § 5 at which this chapter, 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. For the purposes of § 195-8B and § 195-8C, the Board, of Appeals shall be the special permit granting authority for single- and two-family dwellings and the Planning Board shall be the special permit granting authority for all other uses and structures, including multifamily and nonresidential uses and structures.
[Amended 10-20-2008 ATM by Art. 12]
B.
Nonconforming uses. The Board of Appeals or the Planning
Board, as applicable, may award a special permit to change a nonconforming
use in accordance with this section only if it 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:
[Amended 10-20-2008 ATM by Art. 12]
C.
Nonconforming structures (except one- and two-family structures).
The Board of Appeals or the Planning Board, as applicable, may award
a special permit to reconstruct, extend, alter or change, including
the extension of an exterior wall at or along the same nonconforming
line, parallel to the required setback, of a nonconforming structure
in accordance with this section only if it determines that such reconstruction,
extension, alteration or change shall not be substantially more detrimental
than the existing nonconforming structure to the neighborhood. The
following types of changes to nonconforming structures may be considered
by the Board of Appeals or the Planning Board, as applicable:
[Amended 10-20-2008 ATM by Art. 12; 4-30-2012 ATM by Art. 28]
(1)
Reconstructed, extended or structurally changed.
(2)
Altered to provide for a substantially different purpose or for the
same purpose in a substantially different manner or to a substantially
greater extent.
(3)
Reconstructed after a catastrophe, provided that the owner shall
apply for a building permit and start operations for reconstruction
on said premises within two years after such catastrophe, and provided
that the building(s) as reconstructed shall be only as great in volume
or area as the original nonconforming structure.
D.
Variance required. Except as provided for in Subsections C and E, 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, shall require the issuance of a variance from the Board of Appeals.
[Amended 4-30-2012 ATM by Art. 28]
E.
By-right nonconforming single- and two-family residential structures.
Nonconforming single- and two-family residential structures may be
reconstructed, extended, altered or structurally changed (the work)
upon a determination by the Inspector of Buildings that such proposed
reconstruction, extension, alteration or change does not increase
the nonconforming nature of said structure.
[Amended 4-30-2012 ATM by Art. 28; 10-28-2019 ATM by Art. 25]
(1)
The following circumstances, Subsection E(1)(a) through (d), shall not be deemed to increase the nonconforming nature of said structure.
(a)
Conformance to historical dimensional requirements based upon
year structure was built and zoning district*:
|
Date Structure Built
|
Front
|
Side
|
Rear
|
|---|---|---|---|
|
1938 to May 10, 1954
|
25
|
10
|
10
|
|
May 11, 1954, to June 1956
|
25
|
12
|
10
|
|
July 1956 to May 1, 1961
| |||
|
R.A.1
|
40
|
25
|
30
|
|
R.A.2
|
35
|
17
|
35
|
|
R.A.3
|
30
|
15
|
35
|
|
GR
|
30
|
12
|
30
|
|
June 1961 to present
| |||
|
RA
|
40
|
25
|
30
|
|
RB
|
40
|
25
|
30
|
|
RC
|
20
|
12
|
20
|
|
*
|
Year built is based upon Assessors database or best available
information presented to the Building Commissioner. Historical Zoning
Maps are on file with the Community Development and Building Departments.
|
(b)
Insufficient lot area. The work to a structure located on a lot with insufficient lot area which complies with setback requirements per Subsection E(1)(a);
(c)
Insufficient frontage. The work to a structure located on a lot with insufficient frontage which complies with setback requirements per Subsection E(1)(a);
(d)
Other dimensional requirements. The work to a structure which complies with Subsection E(1)(a) through (c) above and also complies with current building coverage, and building height and FAR requirements. Extension of the nonconforming structure along the same nonconforming line, parallel to the required setback, shall not be deemed to increase the nonconforming nature of said structure.
F.
Abandonment or nonuse. A nonconforming use or structure
which has been abandoned, or not used for a period of two years, shall
lose its protected status and be subject to all of the provisions
of this chapter.
G.
Reversion to nonconformity. No nonconforming use shall,
if changed to a conforming use, revert to a nonconforming use.
[Amended 4-29-2013 ATM by Art. 25]
A.
Purpose. By vote at the state election on November 6, 2012, the voters
of the commonwealth approved a law regulating the cultivation, distribution,
possession and use of marijuana for medical purposes. The law provides
that it is effective on January 1, 2013, and the State Department
of Public Health is required to issue regulations regarding implementation
within 120 days of the law's effective date. Currently under the Zoning
Bylaw, a medical marijuana treatment center is a permitted use in
the Town of Chelmsford and any regulations promulgated by the State
Department of Public Health are expected to provide guidance to the
Town in regulating medical marijuana, including medical marijuana
treatment centers. The regulation of medical marijuana raises novel
and complex legal, planning, and public safety issues, and the Town
needs time to study and consider the regulation of medical marijuana
treatment centers and address such novel and complex issues, as well
as to address the potential impact of the state regulations on local
zoning and to undertake a planning process to consider amending the
Zoning Bylaw regarding regulation of medical marijuana treatment centers
and other uses related to the regulation of medical marijuana. The
Town intends to adopt a temporary moratorium on the use of land and
structures in the Town for medical marijuana treatment centers so
as to allow the Town sufficient time to engage in a planning process
to address the effects of such structures and uses in the Town and
to enact bylaws in a manner consistent with sound land use planning
goals and objectives.
B.
MEDICAL MARIJUANA TREATMENT CENTER
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A not-for-profit entity, as defined by Massachusetts law
only, registered by the Department of Public Health, that acquires,
cultivates, possesses, processes (including development of related
products such as food, tinctures, aerosols, oils or ointments), transfers,
transports, sells, distributes, dispenses, or administers marijuana,
products containing marijuana, related supplies, or educational materials
to qualifying patients or their personal caregivers.
C.
Temporary moratorium.
(1)
For the reasons set forth above and notwithstanding any other
provision of the Zoning Bylaw to the contrary, the Town hereby adopts
a temporary moratorium on the use of land or structures for a medical
marijuana treatment center.
(2)
The moratorium shall be in effect through June 30, 2014.
(3)
During the moratorium period, the Town shall undertake a planning
process to address the potential impacts of medical marijuana in the
Town, consider the Department of Public Health regulations regarding
medical marijuana treatment facilities and related uses, and shall
consider adopting new Zoning Bylaws to address the impact and operation
of medical marijuana treatment centers and related uses.
