Town of Tyngsborough- Zoning Bylaw

1 Town of Tyngsborough- Zoning Bylaw (Amended Through November 3, 2018). TOWN OF Tyngsborough- Zoning Bylaw . TABLE OF CONTENTS. Page No. PURPOSE, AUTHORITY AND PROCEDURE .. 1. Authority and Purpose .. 1. Authority .. 1. Purpose .. 1. 1. Enforcement .. 1. Compliance Certification .. 2. Building Permit .. 2. Professional Inspection .. 2. Penalty .. 2. Reserved .. 3. Board of Appeals .. 3. Establishment .. 3. Powers and Duties of the Board of Appeals .. 3. Public Hearings .. 4. Repetitive 4. Amendments .. 4. Appeals .. 4. Special Permits .. 4. General Rules, Regulations and Administration .. 5. Site Plan Special Permits .. 7. 9. Other Laws .. 9. Minima .. 9. Validity .. 9. Growth Management .. 9. Intent and Purpose ..10. Applicability ..10. Planned Growth Rate of Development Scheduling.

2 11. Exemptions ..12. Inclusionary Zoning ..13. Intent and Purpose ..13. Definitions ..13. Applicability ..15. Methods of Providing Affordable Housing Units ..15. General Provisions for Affordable Housing ..16. Local Construction, Building Permit and Occupancy Requirements, Severability ..17. ii TOWN OF Tyngsborough- Zoning Bylaw . DISTRICT Establishment of Districts ..18. Regulation of Application ..18. Uses Not Listed ..18. Table of Permitted Uses ..19. Principal Use Definitions ..23. Accessory Use Regulations ..33. Intensity of Use (Dimensional Requirements) ..35. Standard Dimensional Provisions ..35. Minimum Land Area ..35. Lot Perimeter ..35. Methods for Calculating Dimensional Table of Standard Dimensional Requirements ..40. Flood Plain and Floodway Districts ..40. Purpose.

3 41. Methods for Determining Flood Plain District and Floodway Boundaries ..41. Flood Plain Regulations ..41. Floodway Regulations ..42. Uses Allowed by Special Permit in the Flood Plain District (Excluding the Floodway) ..43. Procedures for Applying for a Special Permit Pursuant to Section ..44. Wetlands District ..45. Purposes of District ..45. Boundaries of Wetlands District ..45. Prohibited Uses ..45. Allowed Uses ..46. Notification of Water Course Alteration 47. Nonconforming Lots, Uses and Structures ..48. Nonconforming Nonconforming Uses and Structures ..48. Mixed Use Overlay District ..50. Purposes of District 50. Boundaries ..50. Relationship to Existing Zoning 50. Definitions .51. Permitted Uses .. 51. Site Plan Special Permit .52. Dimensional Requirements ..52. Applicant Procedures.

4 54. iii TOWN OF Tyngsborough- Zoning Bylaw . Waiver 55. GENERAL REGULATIONS ..56. Parking and Loading ..56. Objectives and Applicability ..56. Parking Requirements ..56. Loading Areas ..58. Parking and Loading Area Design and Location ..59. Sign Purpose ..63. Definitions ..63. General Provisions 66. Permitted Signs ..68. Signs for Property Abutting Limited Access, High Speed Highways ..75. Soil, Vegetation, Rock, and Gravel Removal ..76. Purpose ..76. General Provisions ..76. Application for Soil, Vegetation, Rock and Gravel Removal ..77. Permit for Soil, Vegetation, Rock and Gravel Removal Incidental to Development, Construction or Improvement ..79. Public Hearing ..79. Operational Standards for Removal and Restoration ..79. Security Requirements ..82. Buffering, Screening and Grading.

5 82. Buffering and Screening From Adjacent Residential Uses ..82. Buffering and Screening Requirements Between Land Uses in Business and Industrial Zones ..84. Grading ..85. Environmental Protection Standards ..85. Compliance ..85. Water Quality ..86. Air Quality ..86. Noise ..86. Solid Waste Storage ..87. Other Requirements ..87. Outdoor Lighting ..87. SPECIAL REGULATIONS ..88. Special Permits - Major Business Complex ..88. Applicability and Objectives ..88. Submittals Generally ..88. iv TOWN OF Tyngsborough- Zoning Bylaw . Decision Criteria ..89. Special Permits - Major Industrial Applicability and Objectives ..89. Submittals Generally ..90. Decision Criteria ..90. Special Permits - Multifamily Development ..91. Applicability and Objectives ..91. Submittals Generally ..91. Decision Criteria.

6 92. Additional Dwelling Units ..93. Special Permits - Fairs, Carnivals and Similar Purpose ..94. Applicability ..94. Duration ..94. Other Requirements ..94. Special Permit - Open Space Residential Development ..94. Objectives ..94. Open Space Residential Regulations ..95. Legal Requirements for Common Land Ownership and Maintenance ..96. Submissions Generally ..96. Decision .97. Relation to Subdivision Control Act ..97. Special Permit - Temporary Independent Living Quarters 97. Applicability and Objectives ..97. Submittals Generally ..98. Decision Criteria ..98. Special Permit Conditions ..99. Special Permit - Telecommunications Towers (TC-1) .. 100. A Purpose .. 100. B General Requirements .. 100. C Application Process .. 100. D Design Guidelines .. 101. E Special Use Permit Review.

7 102. Special Permit - Outdoor Sales of Holiday Trees, Wreaths, or Similar Purpose ..103. Applicability ..103. Duration ..103. Submittals Generally ..103. Decision Criteria ..103. Special Permit - Farmer's Markets, Farm Stands, or Similar v TOWN OF Tyngsborough- Zoning Bylaw . Purpose ..103. Applicability ..104. Duration ..104. Submittals Generally ..104. Decision Criteria ..104. Special Requirements for Licensed Marijuana Establishments .. 104. Purpose ..104. Applicability ..104. Eligible Locations ..106. General Requirements and Conditions for all Licensed Marijuana Establishments ..107. Special Permit Requirements .. 107. Abandonment or Discontinuance of Use .. 111. Severability 111. Table of Revisions .. 112. vi TOWN OF Tyngsborough- Zoning Bylaw . PURPOSE, AUTHORITY AND PROCEDURE.

8 Authority and Purpose Authority - This By-law which shall be known as the Town of Tyngsborough Zoning By-law is adopted pursuant to Chapter 40A of the General Laws of the Commonwealth of Massachusetts and Article 89 of the Amendments to the Constitution of the Commonwealth of Massachusetts. Purpose - The purpose of this By-law is to implement the Zoning powers granted to the Town of Tyngsborough pursuant to the Constitution of the Commonwealth and Statutes of the Commonwealth and includes, but is not limited to, the following objectives: to lessen congestion in the streets; to conserve health; to secure safety from fire, flood, panic and other dangers; to provide adequate light and air; to prevent overcrowding of land, to avoid undue concentration of population; to encourage housing for persons of all income levels; to facilitate the adequate provision of transportation, water, water supply, drainage, sewerage, schools, parks, open space and other public requirements.

9 To conserve the value of land and buildings, including the conservation of natural resources and the prevention of blight and pollution of the environment; to encourage the most appropriate use of land throughout the Town of Tyngsborough, including consideration of the recommendations of the land use plan adopted by the Planning Board; and the plans of the Northern Middlesex Area Commission; and to preserve and increase amenities; and to preserve and enhance the natural scenic and aesthetic qualities of the Town of Tyngsborough. Administration Enforcement - This By-law shall be enforced by the Building Inspector of the Town of Tyngsborough. The Building Inspector, upon being informed in writing of a possible violation of this By-law or on his own initiative, shall make or cause to be made an investigation of facts and an inspection of the premises where such violation may exist.

10 If the Building Inspector is so informed in writing and declines to act, he shall within fourteen (14) days of his receipt of such information give to his informant, in writing, his reasons for refraining from taking any action. The Building Inspector, on evidence of any violation after investigation and inspection, shall give written notice of such violation to the owner and to the occupant of such premises, and the Building Inspector shall demand in such notice that such violation be abated within such reasonable time as may be given by mail addressed to the owner at the address appearing for him on the most recent real estate tax records of the Town of Tyngsborough and to the occupant at the address of the premises of such seeming violation. If, after such notice and demand, such violation has not been abated within the time specified, the Building Inspector shall institute appropriate action or proceedings in the name of the Town of Tyngsborough to prevent, correct, restrain or abate any violation of this By-law.