Zoning By Law - Town of Ashburnham, Massachusetts

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SECTION 1. GENERAL 1.1 Purpose ZONING BY-LAWS TOWN OF ASHBURNHAM, MASSACHUSETTS The purpose of this By-law is to promote the health, safety and general welfare of the inhabitants of the Town of Ashburnham, to lessen the danger of fire and congestion and to protect and preserve the surface and groundwater resources of the Town and the region from any use of land or buildings which may reduce the quality and quantity of its water resources, and further to conserve the natural resources of Ashburnham, to prevent temporary and permanent contamination of the environment and to improve the Town under the provisions of Chapter 40A, General Laws. 1.2 Basic Requirements 1.21 All buildings or structures herein erected, reconstructed, altered, enlarged, or moved and used of premises in the Town of Ashburnham shall be in conformity with the provisions of this By-Law. Any building, structure or land shall not be used for any purpose or in any manner other than is permitted within the district in which such building, structure or land is located. Any use not specifically enumerated in a district herein shall be deemed prohibited. In accordance with Chapter 40A, General Laws, and notwithstanding any provisions to contrary, this By-Law shall not prohibit or limit the use of land for any church or other religious purpose or for any educational purpose which is religious, sectarian denominational, or public, or for any municipal purpose. This By-Law shall not repeal, annul or in any way impair or remove the necessity of compliance with any rule, regulation, bylaw, permit or provision of law. Where this By-Law imposes a greater restriction upon the use of land, buildings or structures, the provisions of this By-Law shall control. 1.22 No building shall be erected except on a lot fronting on a street, way or road (as defined by this By-Law), and there shall be not more than one principal building on any lot, except as allowed in this By-Law. 1.3 Non-Conforming Uses 1.31 Continuation – the lawful use of any land existing at the time of the enactment or subsequent amendment of this By-Law may be continued although such use did not conform with the provisions of the By-Law as adopted or amended. ______________________________________________________________________________ ASHBURNHAM ZONING BY-LAWS Pg. 1
1.32 Extension – except for agricultural, horticultural or floricultural uses, the extent of non-conforming use of land not covered by a building or structure may not be increased by more than twenty-five (25) percent of the land area in non-conforming use at the time the By-Law is adopted or amended except by special permit from the Board of Appeals after a finding that such extension will not be detrimental or injurious to the neighborhood. 1.33 Abandonment – all non-conforming uses which have been abandoned or discontinued for more than two (2) years shall not be re-established except by special permit from the Board of Appeals after a public hearing and a finding that such re-establishment will not be detrimental or injurious to the neighborhood. 1.34 Changes – once changed to a conforming use, no land shall be permitted to revert to a non-conforming use. 1.4 Non-Conforming Buildings and Structures 1.41 Continuation – the lawful use of any building or structure existing at the time of the enactment or subsequent amendment of this By-Law may be continued although such building or structure did not conform with the provisions of the By-Law as adopted or amended. 1.42 Alteration and Enlargement – a non-conforming building may be altered or enlarged provided that such alteration or enlargement conforms to applicable yard, building height and lot coverage requirements, but a non-conforming extension or alteration of a non-conforming structure may be permitted by special permit and only if there is a finding by the Zoning Board of Appeals that such extension or alteration shall not be substantially more detrimental to the neighborhood than the existing non-conforming structure. In no case may the height of a permitted non-conforming alteration or extension of a nonconforming structure exceed that of the applicable schedule of dimensional regulations except by a variance. 1.43 Restoration – a non-conforming building or structure which has been damaged or destroyed may be repaired or rebuilt, subject to the provisions of Section 1.32, 1.33 and 1.42. 1.5 Definitions In this By-Law, the following terms shall have the following meanings unless a contrary meaning is required by the context or is specifically prescribed. Accessory Building – A building devoted exclusively to a use subordinate to and customarily incidental to the principal use. ______________________________________________________________________________ ASHBURNHAM ZONING BY-LAWS Pg. 2
Page 1 and 2: ZONING BY-LAWS TOWN OF ASHBURNHAM,
Page 3: SECTION 6. ADMINISTRATION .........
Page 7 and 8: Gross Floor Area - The sum, in squa
Page 9 and 10: irrigation, as well as all so-calle
Page 11 and 12: The LI-A and LI-B Light Industrial
Page 13 and 14: The boundary final determination to
Page 15 and 16: Use R-A R-B G-B LI-A LI-B B VC-C VC
Page 21 and 22: 3.3 Special Conditions 3.31 Prohibi
Page 23 and 24: 4.) In addition to meeting the stan
Page 25 and 26: any part of a subdivision proposal
Page 27 and 28: SECTION 4. DIMENSIONAL REGULATIONS
Page 29 and 30: SECTION 5. SPECIAL REGULATIONS 5.1
Page 31 and 32: way, and thirteen (13) feet when pr
Page 33 and 34: 5.3 Off-Street Parking and Loading
Page 35 and 36: 5.4 Minimum Residential Floor Area
Page 37 and 38: Channel: The segment of the radiati
Page 39 and 40: Self-Supporting Tower: A communicat
Page 41 and 42: h) Includes a written five-year pla
Page 43 and 44: The applicant shall provide photogr
Page 45 and 46: (m) Electric Power: Power to the si
Page 47 and 48: 5.5.7 Modifications to Existing Wir
Page 49 and 50: elevation increments, existing and
Page 51 and 52: d. Effective Date. A Soil, Vegetati
Page 53 and 54: 2. All entrances shall be screened
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1.) Trees shall be planted twenty-f
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all exterior lot lines of the park,
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D. Where the Planning Board serves
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E. A Site Plan Review application c
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G. Minimize contamination of ground
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Commission. After thirty-six (36) p
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(1) Another adult entertainment est
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C. Maintain the traditional New Eng
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B. Locating House Sites. Locate the
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uilding silhouettes shall be at lea
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5.13.11 Ownership of the Open Space
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G. Permanent signs indicating the s
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to the Town or to a public or non-p
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Board or required by the applicable
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econstruction, maintenance, or snow
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5.16.3 Use and Dimensional Regulati
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such waiver is in the public intere
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Such permits may also impose reason
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(a) Those necessary to identify the
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the Uniform Building Code. Certific
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shall specify the application proce
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Lighting shall be designed to minim
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Small Wind Energy System: All equip
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The wind generator and tower shall
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Wind system specifications, includi
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I. To protect and enhance the value
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(b) (1) additional dwelling unit be
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H. Flexible Design and Orientation
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B. Off-Street Parking Off-street pa
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i. Location of all primary streets
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already on the lot, the location of
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No proposed changes in this By-Law
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VC-R 10,000 75 20 10 10 2 1/2 35 50
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Zoning By Law - Town of Ashburnham, Massachusetts

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