ARTICLE II
District Regulations
2100. Establishment of Districts
The Town is hereby divided into the following districts:
Residential Districts A and B
Business Districts A, B and C
Saltmarsh Conservation District (Overlay District)
Flood Plain, Watershed and Wetlands Protection District (Overlay District)
Aquifer Protection District (Overlay District)
Wireless Facility (Overlay District) – (Voted STM 12/8/97, Article 3.)
Village Overlay District – Voted ATM 5/25/1999 – Article 14
Adult Entertainment Overlay District – (Voted STM 12/17/2001, Articles 1 and 2)
All zoning districts are shown on "Zoning Map, Town of Norwell, September 1959, revised June 21, 1972, March 20, 1980, March 9, 1981, December 30, 1985, and further revised on December 8, 1997, May 25, 1999 and December 17, 2001” which are filed in the Town Clerk's office and is made a part hereof, and are described in ARTICLE VI of this Zoning Bylaw.
2200. Use Requirements
2210. Application. No building or structure shall be erected, and no premises shall be used, except as provided in Section 2300, District Use Regulations.
2220. Classification. Where an activity might be classified under more than one of the following uses, the more specific classification shall determine permissibility; if equally specific, the more restrictive shall govern.
2300. District Use Regulations
2310. Residential Districts.
2311. Permitted Residential Uses.
a) One-family detached dwellings and associated outbuildings, with not more than one such dwelling located on any lot;
b) Conversion of a dwelling existing on April 10, 1952 to a two- or three-family dwelling, provided that such conversion does not substantially change the character or size of the structure, and provided further that the lot appurtenant to said dwelling has an area per family unit for at least half that required for a single-family unit.
2312. Permitted Community Service Uses.
a) Municipal buildings conforming to area and setback requirements and properly landscape screened.
b) Public utility buildings directly needed to provide services to the townspeople, which conform to area and setback requirements and which are properly landscape screened, but not including business offices, repair garages, or outside storage areas.
c) Cemetery.
d) Educational and religious uses exempt from zoning prohibition by G.L. c.40A, s.3.
e) Other institutional, educational, recreational, philanthropic or religious buildings or use, provided such building or use is not a business undertaking, but not including one , the chief activity of which is a service (1) to delinquent criminal, mentally deficient or mentally deranged persons, or (2) customarily carried on as a business.
2313. Permitted Accessory Uses.
a) An office of either a doctor, or a dentist, or a lawyer, provided that the principle use is residential and the business is conducted in the dwelling by the person residing on the premises and involves not more than two agents, servants or employees, excluding the resident doctor, dentist or lawyer. (Amended 5/10/2004 – Article No. 32)
b) Agricultural pursuits (and buildings necessary to such pursuits) in accordance with M.G.L. Chapter 40A, Section 3 as amended.
c) Customary house occupations, conducted within the dwelling, such as insurance, or real estate, craft manufacturing, dressmaking, millinery, hair dressing, preparing food for sale, mail order businesses, the taking of not more than four boarders or lodgers at any one time, and the like, conducted by a person residing on the premises and involving not more than two additional operatives; and provided that such occupations and use are not injurious or offensive to the neighborhood because of the emission of odors, fumes, dust, noise, smoke, vibration or other causes.
d) Service businesses provided that (1) the business is conducted by a resident occupant; (2) the business is conducted principally away from the premises; (3) the business is not injurious or offensive to the neighborhood because of the emission of odors, fumes, dust, noise, smoke, vibrations or other cause; and (4) there is no display of goods visible from the street.
2316. Uses requiring a Special Permit from the Board of Appeals.
(Revised May 3, 1994 at Annual Town Meeting)
a) The business uses enumerated in subparagraph 2313 a) through c), inclusive, but not meeting the requirements in subparagraph 2313 a).
b) Acessory scientific uses (see Section 4310).
c) A private club managed and controlled by the membership, but not including one whose chief activity is a service customarily carried on as a business. However, the foregoing shall not prohibit the customary functions of bona fide country clubs, sportsman clubs, amateur dramatic clubs, social or educational clubs, and the like.
d) Conversion to add one accessory dwelling unit to a single-family dwelling which has been in existence for and not substantially altered within twenty-four months or longer at the time of application. For
purposes of this section, an accessory dwelling unit shall mean one
or more rooms with kitchen and bathroom facilities not shared with any
other dwelling unit and located in a main dwelling originally designed and constructed as a single-family dwelling. Such Special Permit shall be granted only if:
(1) the owner of the premises will occupy one of the units except for temporary absences and the other unit will be occupied by one or more persons (a) directly related to the owner by blood, marriage, adoption or (b) 60 years of age or more;
(2) exterior alterations will not change the appearance of the main dwelling as a single-family residence;
(3) the Board of Health documents to the Board of Appeals that sewage disposal will be satisfactorily provided for, and that there is an appropriate reserve area on the site meeting requirements of the Board of Health Rules and Regulations and Title V of the State Environmental code, having soils suitable for replacement on-site disposal system.
(4) Occupation of the accessory dwelling unit as a separate dwelling will require a Special Permit. This permit will terminate upon the transfer of ownership, and use will revert back to a single-family
dwelling.
(5) In addition to any applicable conditions specified in this section, the Board of Appeals may impose such additional conditions as it finds reasonably appropriate to safeguard the neighborhood or otherwise serve the purpose of this by-law, including but not limited to the following:
a. maximum number of occupants
b. maximum number of rooms
c. modification of driveway or parking spaces to provide adequate
off-street parking.
2317. PROHIBITED HOME OCCUPATIONS (Revised 5/3/94 Annual Town Meeting)
(Revised 5/15/2001 ATM)
The following uses shall be prohibited:
1. Ambulance service
2. Automobile, truck, trailer, small engine
or boat repair; automobile, truck, trailer,
or boat parts sales, washing or detailing
services on site.
3. Veterinary services, principally at home.
4. Health salons, gyms and tanning salons.
5. Restaurants, taverns
6. Junk, salvage or storage yards
7. Tow truck services
8. Laundry, laundromat, and/or dry cleaning services
9. Photo developing as primary use
10. Sales of firearms and/or ammunition.
Body Art Establishments or Establishment (ATM5/15/2001)
(See Article V – Definitions)
2320. Business District A.
2321. Permitted Residential Uses.
a) One-family detached dwelling and associated outbuildings, with not more than one such dwelling located on any lot.
b) Conversion of a dwelling existing at the time of the passage of this Bylaw to a two or three family dwelling, provided that such conversion does not substantially change the character or size of the structure, and provided further that the lot appurtenant to said dwelling has an area per family unit of at least half that required for a single-family unit.
2322. Permitted Community Service Uses.
a) Municipal buildings conforming to area and setback requirements and properly landscape screened.
b) Public utility buildings directly needed to provide services to the townspeople, which conform to area and setback requirements and which are properly landscape screened, but not including business offices, repair garages, or outside storage areas.
c) Cemetery.
d) Educational and religious uses exempt from zoning prohibitions by G.L. c, 40A, s. 3.
e) Other institutional, educational, recreational, philanthropic, or religious building or use, provided that such building or use is not a business undertaking, but not including one, the chief activity of which is a service (1) to delinquient criminal, mentally deficient or mentally deranged persons, or (2) customarily carried on as a business.
2323. Permitted Business Uses.
a) An office of either a doctor, or a dentist, or a lawyer with not more than (3) members of said profession in occupancy.
2324. Other Permitted Principal Uses.
a) A private club managed and controlled by the membership, but not including one whose chief activity is a service customarily carried on as a business. However, the foregoing shall not prohibit the customary functions of bona fide country clubs, sportsman clubs, amateur dramatic clubs, social or educational clubs, and the like.
b) Agricultural pursuits (and buildings necessary to such pursuits) including the sale of products most of which are raised on the premises and the processing of timber or lumber grown on the premises, but not that grown elsewhere, except as otherwise permitted in the Section.
2325. Permitted Accessory Uses.
a) Customary home occupations such as insurance, or real estate, craft manufacturing, dressmaking, millinery, hair dressing, preparing food for sale, mail order businesses, the taking of not more than four boarders or lodgers at any one time, the like, conducted by a person residing in the premises and provided that such occupations and use are not injurious or offensive to the neighborhood because of the emission of odors, fumes, dust, noise, smoke, vibrations or other causes.
b) Service businesses provided that (1) the business is conducted by a resident occupant; (2) the business is conducted principally away from the premises; (3) the business is not injurious or offensive to the neighborhood because of the emission of odors, fumes, dust, noise, smoke, vibrations or other causes; and (4) there is no display of goods visible from the street.
2326. Uses Requiring a Special Permit from the Board of Appeals.
a) Any business, including shops for custom work and service operations, where the product or service is customarily sold on the premises to the consumer. Gasoline and service stations and automobile sales and repair establishments are prohibited.
b) Any other business similar to but not enumerated in subparagraph 2325 a) and b).
c) Conversion to add one accessory dwelling unit to a single-family dwelling which has been in existence for and not substantially altered within twenty-four months or longer at the time of application. Such Special Permit shall be granted only if:
(1) the accessory unit will be a part of the main dwelling and the habitable floor area of the accessory dwelling unit will not be more than one-third that of the main dwelling;
(2) there will be no more than a 5% increase in the habitable floor area of the main dwelling;
(3) the owner of the premises will occupy one of the units except for temporary absences and the other unit will be occupied by one or more persons (a) directly related to the owner by blood or marriage, or (b) 60 years of age or more;
(4) exterior alterations will not change the appearance of the main dwelling as a single-family residence;
(5) the Board of Health documents to the Board of Appeals that sewage disposal will be satisfactorily provided for, and that there is an appropriate reserve area on the site meeting requirements of the Board of Health Rules and Regulations and Title V of the State Environmental Code, and having soils suitable for replacement on-site disposal system.
d) Operation of a business between the hours of 2:00 a.m. and 5:00 a.m.
In addition to any applicable conditions specified in this section, the Board of Appeals may impose such additional conditions as it finds reasonably appropriate to safeguard the neighborhood or otherwise serve the purpose of this by-law, including but not limited to the following:
a. maximum number of occupants
b. maximum number of rooms
c. modification of driveway or parking spaces to provide adequate
off-street parking.
For purposes of this section, an accessory dwelling unit shall mean one or more rooms with kitchen and bathroom facilities not shared with any other dwelling unit and located in a main dwelling originally designed and constructed as a single-family dwelling.
2327. PROHIBITED USES IN BUSINESS DISTRICT A: (ATM 5/15/2001 – Art. 26)
The following use shall be prohibited:
Body Art Establishments (See Article V – Definitions)
2330. Business District B
2331. Permitted Residential Uses
Conversion of a dwelling existing on March 14, 1963 to a two-or three-family dwelling, provided that such conversion does not substantially change the character or size of the structure, and provided further that the lot appurtenant to said dwelling has an area per family unit of at least half that required for a single-family unit.
2332. Permitted Community Service Uses.
Educational, religious, agricultural, horticultural, and floricultural uses exempt from zoning prohibition by G.L. c. 40A, s.3.
2333. Permitted Business Uses.
a) Retail stores, salesrooms or service establishments, the principal activity of which shall be the offering of goods or services at retail within an enclosed building structure, and including but not limited to personal service shops of a barber, hairdresser, manicurist, or shoe shiner; shops for custom work by a dressmaker, furrier, interior decorator, milliner or tailor; shops for custom work for a cabinet maker, job printer, repairer of household appliances or furnishings, shoemaker, upholsterer. However, gasoline service stations and automobile sales and repair establishments are prohibited.
b) Business or professional offices or agencies.
c) Banks or other financial institutions.
d) Restaurants or other eating places serving food only to persons seated at tables, or counters, if no mechanical or live entertainment is regularly furnished unless a permit for such entertainment is granted yearly by the Board of Selectmen.
2334. Uses allowed by Special Permit from the Board of Appeals.
a) Light manufacturing.
b) Research laboratories.
c) Wholesale sales and light storage facilities.
d) Such similar uses as the Board of Appeals may approve.
e) Conversion to add one accessory dwelling unit to a single-family dwelling which has been in existence for and not substantially altered within twenty-four months or longer at the time of application. Such Special Permit shall be granted only if:
(1) the accessory unit will be a part of the main dwelling and the habitable floor area of the accessory dwelling unit will not be more than one-third that of the main dwelling;
(2) there will be no more than a 5% increase in the habitable floor area of the main dwelling;
(3) the owner of the premises will occupy one of the units except for temporary absences and the other unit will be occupied by one or more persons (a) directly related to the owner by blood or marriage, or (b) 60 years of age or more;
(4) exterior alterations will not change the appearance of the main dwelling as a single-family residence;
(5) the Board of Health documents to the Board of Appeals that sewage disposal will be satisfactorily provided for, and that there is an appropriate reserve area on the site meeting requirements of the Board of Health Rules and Regulations and Title V of the State Environmental Code, and having soils suitable for replacement on-site disposal system.
f) Operation of a business between the hours of 2:00 a.m.. and 5:00 a.m.
g) Body Art Establishments – (See Article V – Definitions) Provided that no Body Art Establishment be located within three hundred (300) feet of a place of worship, school, or day care center. (ATM 5/15/2001)
In addition to any applicable conditions specified in this section, the Board of Appeals may impose such additional conditions as it finds reasonably appropriate to safeguard the neighborhood or otherwise serve the purpose of this By-Law, including but not limited to the following:
a. maximum number of occupants
b. maximum number of rooms
c. modification of driveway or parking spaces to provide adequate off-street parking.
For purposes of this section, an accessory dwelling unit shall mean one or more rooms with kitchen and bathroom facilities not shared with any other dwelling unit and located in a main dwelling originally designed and constructed as a single-family dwelling.
2340. Business District C.
2341. Uses allowed by Special Permit from the Board of Appeals.
a) Research laboratories with incidental assembly or test manufacture.
b) Light Manufacturing enterprises.
c) Building materials salesrooms, utility structures, storage warehouses and buildings, wholesale distribution plants.
d) Printing or publishing establishments, photographic studios, medical or dental laboratories.
e) Business or professional offices or banks, and Attorneys offices over 5000 gross square feet. (ATM - REVISED 5/13/2002)
f) Restaurants or other places for serving food or alcoholic beverages, provided all food service is confined within the structure.
g) Motels
h) Theaters contained within a permanent structure, but not outdoor amusement uses, such a golf driving ranges, go-cart tracks, miniature golf courses, drive-in theaters, etc.
i) Salesrooms for automobiles, bicycles, boats, farm implements and similar equipment, but not automobile junkyards.
j) Gasoline service stations, garages and repair shops provided that:
(1) Repairs shall be limited to minor repairs and adjustments unless conducted in a building.
(2) There shall be no storage of motor vehicles, appliances and equipment on the premises other than those in process of repair or awaiting delivery.
k) Retail store, nursing home or service establishment, the principal activity of which shall be the offering of goods or services at retail within the building but not mobile home parks or campsites.
l) Cafeterias for employees, parking areas or garages for use of employees, customers, or visitors, and other normal accessory uses.
m) Operation of a business between the hours of 2:00 a.m. and 5:00 a.m.
2342. Permitted Uses.
a) Educational or religious uses exempt from zoning prohibition by G.L. c.40A, s.3.
b) Agricultural, horticultural, and floricultural uses.
c) Attorneys offices less than, or equal to, 5000 gross square feet. (ATM 5/13/2002)
2400. Intensity of Use Regulations.
2410. General.
2411. Building. All building in any district shall meet the minimum requirements set forth in Section 2400 unless otherwise expressly provided by this Bylaw or by G.L.c.40A, s.6.
2412. Lot Change. No lot shall be created nor shall an existing lot be changed in size or shape except through a public taking, or except where otherwise permitted herein, so as to result in violation of the requirements set forth in these Intensity of Use Regulations.
2420. Lot Area.
2421. The minimum size for lots in all districts shall be one acre.
2422. No part or portion of any lot which is determined by the Conservation Commission to be a coastal or freshwater wetland, as defined by the Wetlands Protection Act (G.L. c.131, s. 40) and the regulations promulgated thereunder (310 C.M.R. 10.00), shall be used in determining minimum lot size as required herein, except that this paragraph shall not apply to any lot lawfully laid out by plan or deed duly recorded, as defined in G.L. c. 41, s. 81L, prior to the effective date of this paragraph, to any lot shown on a plan endorsed, prior to the effective date of this paragraph, with the words, "approval under the subdivision control law not required" or words of similar import, pursuant to G.L. c. 41, s. 81P, or to any lot shown on a Definitive Plan endorsed with the words "Approved under the subdivision control law" or
words of similar import, pursuant to G.L. c. 41, s. 81U, which complied at the time of such recording or endorsement whichever is earlier, with all of the minimum area requirements set forth in the Zoning Bylaw, except for this paragraph, provided, however, that this paragraph shall apply to any subdivision under the subdivision control law, aforesaid, submitted to the Planning Board on or after the effective date of this paragraph.
(VOTED ATM 5/13/2002) No part or portion of any lot which contains a surface or subsurface detention or retention basin, or swales that form part of a Stormwater Management System, shall be used in determining minimum lot size as required herein, except that this paragraph shall not apply to any lot lawfully laid out by plan or deed duly recorded, as defined in M.G.L. c.41, s. 81L, prior to the effective date of this paragraph, to any lot shown on a plan endorsed, prior to the the effective date of this paragraph, with the words, “Approval under the Subdivision Control Law not required”, or words of similar import, pursuant to M.G.L. c. 41, s. 81P, or to any lot shown on a Definitive Plan endorsed with the words “Approved under the Subdivision Control Law” or words of similar import, pursuant to
M.G.L. c. 41, s. 81U, which complied at the time of such recording or endorsement whichever is earlier, with all of the minimum area requirements set forth in the Zoning Bylaw, except for this paragraph, provided, however, that this paragraph shall apply to any subdivision under Subdivision Control Law, aforesaid, submitted to the Planning Board on or after the effective date of this paragraph.
2430. Lot Frontage and Width.
2431. The minimum frontage measured at the street line shall be 80 feet for lots in all districts. Street frontage shall be continuous and uninterrupted.
2432. The minimum lot width measured at the required setback line shall be 150 feet in all districts except Business Districts A and B where the minimum shall be 125 feet.
2433. No two points on lot lines shall be less than eighty (80) feet apart, measured in a straight line, except where the shortest distance between such points, measured along the perimeter of the lot, is less than or equal to three times the aforesaid straight line distance. (Voted at Special Town Meeting 1/21/1999; approved by A/G on 2/26/99)
2440. Required Yards.
2441. Front Yard. No building and/or structure shall be erected, placed or added to so as to extend within the following required front yards:
Measured from:
Front Property Line Way Centerline
Residential A 50 feet 75 feet
Residential B 35 feet 60 feet
Business 50 feet 75 feet
However, no required yard shall exceed the average yards provided on lots abutting on either side, a vacant lot to be considered as if occupied by a building and/or structure at the minimum front yard setback.
The front yard setback in each district shall apply to any boundaries of lots which abut and run with a street or way.
2442. Side and Rear Yards. In Residential Districts A and B, no building and/or structure, swimming pool or tennis court shall be erected or placed within 20 feet of a side or back line except that with respect to a building and/or structure existing on July 7, 1955, additions thereto may be erected or placed within 20 feet, but not within 10 feet of a side line. Excepted from this provision is Residential District B specifically where abutting Business District B5 at the westerly boundary (measuring 950.80 feet) or added to unless such building and/or structure is set back a distance of twenty-five (25.00) feet.
In Business Districts, no building and/or structure shall be erected, placed, or added to within 10 feet of the side line or 20 feet of the back line of any lot. In any Business District contiguous to a Residential District, no building and/or structure shall be erected, placed, or added to unless such building and/or structure as erected, placed, or added to is set back from the boundary line delineating said Business District a distance equal to not less than twenty per cent (20%) of the distance of the said boundary line from the way line of the public way from which the depth of such Business District is measured, provided, however, that such setback shall not be required to be more than 100 feet. For purposes of this paragraph, Business Districts A and B shall not be considered contiguous to any Residential District if the
Business District and the Residential District are separated by a public way.
Excepted from this provision is Business District B5 only. No building and/or structure in this District shall be erected, placed, or added to unless such building and/or structure is set back from the easterly boundary line (measuring 950.80 feet) a distance of twenty-five feet (25.00).
2443. Business Setback. All structures for business uses in the Business C District shall be at least 300 feet distance from residences located in a residential district, and shall be adequately screened therefrom by trees and shrubs.
2444: Route 3 Buffer Zone - In all districts, all natural vegetation will remain undisturbed within 100 feet of the way line of the State Highway (Route 3) from the Third Herring Brook to the North River. (ATM 5/15/2000, APPROVED BY A/G 6/26/2000)
2450. Lot Shape. No building lot may be created in Residential District A or Residential District B unless:
a) the lot has a width of at least 150 feet at the required setback line; which required setback line will be 50 feet measured from the front property line in Residential District A, and 35 feet measured from the front property line in Residential District B; or 75 feet measured from the Way centerline in residential District A and 60 feet measured from the Way centerline in Residential District B, and;
b) the lot shall contain at least 5,000 square feet of land between the required setback line and the Way;
c) the area of the lot between the said required setback line and a line drawn parallel to the said required setback line, a distance of 100 feet beyond the required setback line shall be not less than 11,500 square feet, and;
d) no dwelling may be erected or placed unless within a circle 150 feet in diameter inscribed within the lot lines.
2460. Height Restrictions. No building and/or structure shall be erected or altered to exceed 2 1/2 stories in height, or 34 feet, in any Residential District and Business Districts A and B; 3 stories, or 40 feet, in Business District C, nor shall any dwelling unit in a Business District exceed 2 1/2 stories, or 34 feet in height. Chimneys, elevators, poles, spires, tanks, towers and other projections not used for human occupancy may extend above the building and/or structure height limits by a maximum of 10 feet.
2461. Poles, tanks, towers and other projections not attached to a building and/or structure shall not exceed the maximum allowed building and/or structure height unless approved by a Special Permit.
2470. Business Districts A, B, and C Restrictions.
2471. Building Coverage. Buildings and/or structures shall not be erected, added to, or changed to bank or restaurant use so as to exceed the following percentage of lot area* (or in the case of mixed uses, the pro rata portion or lot area*) to be covered by buildings and/or structures:
Banks and Restaurants: 12%
Other uses:
Business District C2 (as defined in Section
6520) 24.5%
All other Business Districts 18%
2472. Open Space Area. Not less than one-third of the lot area shall be free of structures, paving, storage areas, or other elements which preclude vegetation.
*Exclusive of land in a Residential or a Flood Plain, Watershed and Wetlands Protection District.
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