Section 22 - Residential Dist
ARTICLE 2. DISTRICT REGULATIONS
Section 21. Establishment of Districts
21.1 For the purposes of this By-law, the Town of CityplaceMillbury is hereby divided into the following zoning districts:
Residential I
Residential II
Residential III
Residential Office Overlay District
Suburban I
Suburban II
Suburban III
Suburban IV
Business I
Business II
Industrial I
Industrial II (Industrial Park)
Aquifer and Watershed Protection overlay District
Route 146 Highway Corridor Overlay District
(By-Laws of 9-30-74, Art. 8(II); By-Laws of 4-2-77, Art. 63, Section 1; By-Laws of 4-4-81, Art.22; By-Laws of 4-5-86, Art.51, Section 4)
21.2 Zoning map.
The boundaries of theses districts are defined and bounded as shown on the map entitled “Zoning Map” dated May 7, 1991, or as subsequently amended by vote of the Town Meeting on file with the Town Clerk. That map and all explanatory mater thereon is hereby made a part of this By-Law.
(By-Laws of 9-30-74, Art.9; By-Laws of 4-5-86, Art. 51, Section 5; By-Laws of 5-7-91, Art. 6a)
21.3 Where uncertainty may exist with regard to the boundaries at the various Zoning Districts, the following rules shall apply:
21.31 Unless otherwise indicated, district boundaries are the conter lines of streets, ways, alleys, parkways, waterwys, or rights-of-way of public utilities, and railroads, or perpendicular or radial thereto.
21.32 Other district boundary lines not listed in the preceding section shall be considered as lines paralleling a street and at distances from the side lines of such street which are stated on the zoning map.
21.33 Other district lines not listed above shall be considered as lot lines.
21.4 Where a district boundary line divides any lot existing at the time such line is adopted, the regulations for any district in which the lot has frontage on a street may be extended not more than thirty feet into the other district.
21.5 When a lot is situated in part in the Town of CityMillbury and in part in an adjacent municipality, the provisions of this bylaw shall be applied to the portion of such lot in the Town of placeCityMillbury in the same manner as if the entire lot were situated in Millbury. (Bylaws of 5-2-2006, Art. 44)
Section 22. Residential Districts.
The intent of Residential Districts is to provide for a range of dwelling types in areas having existing development at relatively high densities and having public utility service, and in residential office overlay districts, to additionally provide for a limited range of compatible business uses. The Residential Office Overlay District overlies the presently existing Residential-I District. This underlying district remains unchanged, and all Residential-I regulations must be met, except where the requirements of the overlaying Residential Office District are more stringent, in which case the more stringent requirements shall govern.
(By-Laws of 4-2-77, Art. 63, Section 2; By-Laws of 4-4-87, Art. 5l)
22.1 In a Residential District, only the following uses are permitted:
22.11 Permitted residential uses:
One-family dwelling other than a mobile home;
Boarding, loading or tourist homes.
(By-Laws of 5-1-90, Art. 68)
22.12 Permitted community service uses:
School or college
Religious, sectarian or denominational buildings or uses;
Nursing, convalescent or rest home, or hospital;
Cemetery;
Municipal use not elsewhere more specifically cited;
Philanthropic institutions.
22.13 Other Permitted Uses:
Agricultural, horticultural or floricultural uses;
Florist shop;
Parking to service a permitted use;
Standard golf course;
In residential office overlay districts only, conversion of an existing structure for offices for legal, educational, accounting, engineering, medical, real estate, insurance or architectural uses, or other activities having similar externally observable characteristics, or for a funeral home or mortuary; but only if not involving extensions subsequent to July 1, 1977, totaling more than one thousand (1,000) square feet gross floor area.
(By-Laws of 4-2-77, Art. 63, Section 3; By-Laws of 4-1-78, Art. 40)
22.14 Permitted Accessory Uses:
Home occupation, in accordance with section 4l;
Roadside stand for goods principally produced on the premises;
Parking to service a permitted use, but not including more than one (1) commercial vehicle or any construction equipment or any truck over one and one-half (1 1/2) tons;
Temporary structures to be used only as temporary construction offices in relation to and in conjunction with a current construction project and to be removed in the case of building construction upon the final issuance of all occupancy permits or in the case of other types of construction projects upon the completion of all construction work, in either case the temporary structure shall not remain on the property for more than twenty-four (24) months.
Other customary accessory uses.
(By-Laws of 4-2-83, Art. 18)
22.2 In a Residential I District the following principal uses are permitted if granted a special permit by the special permit granting authority:
22.21 In a Residential I District
Accessory dwelling in accordance with Section 46.2
Assisted Living Facility in accordance with Section 42;
Multifamily dwelling: provided that it is serviced by public sewerage and public water
Nonprofit club or lodge;
Par 3 golf course;
Public utility without service yards;
Residential social service facility, provided that all building code, health and zoning by-law requirements are met, and that the specific premises are not unsuitable in relation to the needs of the persons being cared for, and in consideration of avoidance of undue concentration of such facilities in any neighborhood.
Temporary structure or uses not conforming to this by-law;
Accessory scientific use in accordance with Section 46;
In a residential office overlay district only, offices for legal, educational, accounting, engineering, medical, real estate, insurance or architectural uses, or other activities having similar externally observable characteristics, or for a funeral home or mortuary; if not allowed outright under Section 22.13.
(By-Laws of 5-27-75, Art. 83(2); By-Laws of 4-2-77, Art. 63, Section 4; By-Laws of 4-1-78, Art. 40; By-Laws of 4-5-86, Art. 5l, Section 6, By-Laws of 5-2-06, Art. 45, By-Laws of 5-1-07, Art. 50)
22.22 In a Residential II District:
Nonprofit club or lodge;
Par-3 golf course;
Public utility without service yards;
Residential social service facility, provided that all building code, health and zoning by-law requirements
are met, and that the specific premises are not unsuitable in relation to the needs of the persons being
cared for, and in consideration of avoidance of undue concentration of such facilities in any
neighborhood.
Temporary structures or uses not conforming to this by-law;
Accessory scientific use in accordance with Section 46;
Accessory dwelling in accordance with Section 46.2.
Multi-family dwelling: provided that it is serviced by public sewerage and public water
Assisted Living Facility in accordance with Section 42;
(By-Laws of 4-5-86, Art. 5l, Section 7, By-Laws of 5-2-06, Art. 45 By-Laws 5-1- 07, Art. 50)
22.23 In a Residential III District:
Nonprofit club or lodge;
Par-3 golf course;
Residential social service facility, provided that all building code, health and zoning by-law requirements
are met, and that the specific premises are not unsuitable in relation to the needs of the persons being
cared for, and in consideration of avoidance of undue concentration of such facilities in any
neighborhood.
Temporary structures or uses not conforming to this by-law;
Accessory scientific use in accordance with Section 46;
Multifamily addition or renovation to an existing structure, under Section 14.11 (a) special permit from Planning Board.
Accessory dwelling in accordance with Section 46.2
Assisted Living Facility in accordance with Section 42;
(By-Laws of 4-5-88, Art. 5l, Section 8, By-Laws of 5-2-06, Art. 45, By-Laws of 5-1-07, Art. 50)
22.24 Accessory Uses in Residential Districts. Kennels
(By-laws of 4-5-99, Art. 60)
22.3 In a Residential District, no lot shall be built upon or changed in size or shape except in conformity with the following:
Max.
placeLot Max.
Minimum Min.Lot Minimum Yards Cover- Bldg.
District Lot Area Frontage Front/Side/Rear age Height
Residential 40,000sf* l00ft. 25 ft./1o ft./10ft. 30% 30 ft.
* The minimum lot area requirement may be reduced to 32,000 sf if the lot will be serviced by public water. The minimum lot area requirement may be reduced to 20,000 sf if the lot will be serviced by public sewerage. The minimum lot area requirement may be reduced to l2,500 sf if the lot will be serviced by public water and public sewerage.
* In the Residential III District for dwelling units in excess of one, increase the minimum lot area by l0,000 square feet per additional unit plus 5,000 per additional bedroom.
(By-Laws of 5-27-75, Art. 86(1); By-laws of 4-4-81, Art. 23; By-Laws of 4-5-86, Art. 51, Section 9; By-Laws of 4-4-87, Art. 51; By-Laws of 6-6-89, Art. 73)
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