Home Page	Zoning By-Laws
Date:	October 1997
Location:	Town of Billerica, Massachusetts

ZONING BY-LAWS OF THE TOWN OF BILLERICA

THESE BY-LAWS WERE COMPILED AND CODIFIED BY COMMITTEE APPOINTED UNDER SECTION 7-9-B OF THE 1979 BILLERICA CHARTER.

RE-CODIFIED UNDER ARTICLE 16 OF THE ANNUAL FALL TOWN MEETING OF OCTOBER 1, 1985 AND AMENDED THRU May 5, 1997 ANNUAL TOWN MEETING.

NOTES AND ACKNOWLEDGEMENT

1. The original Zoning By-Law of the Town of Billerica was adopted at a special Town Meeting, July 30, 1945, Article 1. Approved by the Attorney General July 31, 1945, Effective August 1, 1945.

2. Certain amendments passed during the years of 1962 through 1969 are subject to Chapter 427 of the Acts of 1970 and are marked with an asterisk*.

3. Explanation of Effective Date: Before July 1, 1978 - date of Attorney General approval is Effective Date. From July 1, 1978, Effective Date is date of Town Meeting approval.

4. For the purposes of this by-law the titles: Inspector of Buildings, Building Inspector and Building Commissioner are one and the same.

5. The By-Laws Review Committee wishes to acknowledge the efforts of Town Clerk Myrtie D. Smith; Assistant Town Clerk Shirley E. Schult; and Town Counsel Edward J. Owens, Esq.

TABLE OF CONTENTS

Section 1. Purposes- Enactment

Section 2. Definitions

Section 3. Establishment of Districts

Section 4. Zoning District Boundaries

Section 5. Building and Uses Permitted

Section 6. Earth Migration, Slopes, Walls and Fencing

Section 7. Yard Spaces and Green Areas

Section 8. Building Heights Permitted

Section 9. Lot Areas & Lot Widths Required

Section 10. Corner Clearance

Section 11. Non-Conforming Uses

Section 12. Parking & Loading Regulations

Section 13. Occupancy Permits

Section 14. Zoning Board of Appeal

Section 15. Amendments, Procedure

Section 16. Sign Regulations

Section 17. Administration and Enforcement

Section 18. Site Plan Special Permits

Section 19. General Provisions

Section 20. Validity

Section 21. Effective Date

Section 1 PURPOSES---ENACTMENT

Amended, Article 12, T.M. 3/12/55; Effective 8/12/55.

Section 2 DEFINITIONS

2.1 ACCESSORY BUILDING OR USE:

2.2 ADULT ENTERTAINMENT ESTABLISHMENTS:

2.2.A. Adult Bookstore: An establishment having a substantial or significant portion of its stock in trade printed matter, books, magazines, picture periodicals, motion picture films, video cassettes, or coin operated motion picture machines for sale, barter or rental which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "Sexual Conduct" as that term is defined in G.L. C. 272, Section 31; or an establishment having for sale sexual devices which shall mean any device primarily designed, promoted or marketed to physically stimulate or manipulate the human genitals, pubic area or anal area, or an establishment with a segment or section devoted to the sale or display of such materials.

2.2.B. Adult Live Entertainment Establishments: Establishments which feature live entertainment which consists of entertainers engaging in "Sexual Conduct" or "Nudity" as defined in G.L. C. 272, Section 31.

2.2.C. Adult Motion Picture Theater: An enclosed building with a capacity of 50 or more persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to "Sexual Conduct" as defined in G.L. C.272, Section 31 for observation by patrons therein.

2.2.D. Adult Mini Motion Picture Theater: An enclosed building with a capacity for less than 50 persons used for presenting material distinguished or characterized by emphasis on matter depicting, describing or relating to "Sexual Conduct" as defined in G.L. C. 272, Section 31 for observation by patrons therein.

Amended: Article 57, ASTM 5/2/95; Effective 5/23/95

2.3 ALCOHOL AND DRUG REHABILITATION HOSPITAL:

2.4 AUTOMOBILE:

2.5 BILLBOARD:

2.5.A. BUFFER ZONE:

2.6 BUILDING:

2.7 BUILDING HEIGHT:

Amended: Article 57, ASTM 5/2/95; Effective 5/23/95

2.7.A BUILDING PERIMETER:

2.8 CAMPING VEHICLE:

2.8.A. CANOPY:

2.8.B DRIVE-IN (also called "DRIVE-UP"):

2.8.C DRIVE-THROUGH (also called "DRIVE-THRU"):

2.9 DUPLEX RESIDENCE:

2.10 DWELLING UNIT:

Amended: AFTM, 10/6/92; Article 26; Effective 10/15/92

2.11 EARTH MIGRATION:

2.11.a. Any lot of land in the Town to another lot of land in the Town;

2.11.b. Out of the Town to any lot of land in the Town;

2.11.c. Any lot of land in the Town to anywhere out of the Town.

2.12 FAMILY:

2.13 FIRE LANE:

2.14 FLOOR AREA:

2.14.A FLOOR AREA RATION (F.A.R.):

2.15 FREIGHT:

2.16 FRONTAGE, LOT:

Amended: AFTM, 10/3/95, Article ; Effective10/19/95

2.16.A FRONTAGE STREET:

Amended: Article 59, AFTM, 10/3/95; Effective 10/19/95

2.17 HALF STORY:

2.18 HOME OCCUPATIONS:

2.18.A. The activity is administered or operated as a secondary and subsidiary use of the premises by a permanent resident of the premises;

2.18.B. The employment of non-residents is prohibited unless authorized by Special Permit of the SPGA;

2.18.C. No externally visible changes or additions shall be made which alter the residential character of the premises;

2.18.D. The activity shall not be injurious, noxious or offensive to the senses of the neighborhood residents; this restriction includes but is not limited to, the effects of client traffic and/or parking.

2.19 KIOSK:

2.20 LOT:

2.21 LOT AREA:

Amended: Article 18, ASTM, 5/7/96; Effective 7/14/96

2.22 LOT CORNER:

2.23 LOT FRONTAGE:

2.23.A MASSAGE/BODYWORK/MOVEMENT:

2.24 MUNICIPAL:

2.25 NON-CONFORMING USE OR BUILDING:

2.26 OPEN AREA, PERCENTAGE:

2.27 PARCEL:

2.28 PARKING SPACE:

2.29 PERSON:

2.30 PUBLIC:

2.31 REAR LINE OF A LOT:

2.32 RECORDED:

2.33 SANITARY SEWER:

2.34 SCHOOL BUS:

2.35 SIDE LINE OF A LOT:

2.36 SINGLE FAMILY RESIDENCE:

Amended: Article 59, AFTM, 10/3/95; Effective 10/19/95

2.37 SIGN:

2.37.a. Flags and insignia of any government, except when displayed in connection with a commercial promotion.

2.37.b. Legal notices, identification, informational or directional signs erected or required by governmental bodies.

2.37.c. Integral decorative or architectural features of buildings, except letters, trademarks, moving parts of moving lights.

2.41 SIGN, ACCESSORY:

2.42 SIGN, LANDSCAPED:

2.43 SIGN, NON-ACCESSORY:

2.44 SIGN, PROJECTING:

2.45 SIGN, SIZE:

2.46 SIGN, STANDING:

2.47 SIGN, TRAFFIC FLOW:

2.48 SIGN, WALL:

2.49 SIGN, WINDOW:

2.50 SITE:

2.47 SPGA:

2.48 STORY:

2.49 STORY, HALF:

2.50 STREET, ROAD OR WAY:

2.50.A. A public way duly laid out by the Town, the Middlesex County Commissioners, or the Commonwealth of Massachusetts, or a way which the Town Clerk certifies is maintained by public authority and used as a public way, or

2.50.B. A way shown on a plan theretofore approved and endorsed in accordance with the Subdivision Control Law;

2.50.C. A way in existence having, in the opinion of the Planning Board, sufficient width, suitable grades, and adequate construction to provide for the needs of vehicular traffic in relation to the proposed use of the land abutting thereon or served thereby, and for the installation of municipal services to serve such land and the buildings erected or to be erected thereon.

2.50.D. A public or private way as aforesaid shall not be deemed to be a "street" as to any lot of land that does not have rights of access to and passage over said way.

2.51 STREET LINE:

2.52 STRUCTURE:

Amended: STM, 10/18/94, Article 9; Effective 11/3/94

2.53 SWIMMING POOL:

2.54 TEMPORARY STRUCTURE:

2.55 TEMPORARY USE:

2.56 TOWN:

2.57 TRUCK:

2.58 TRUCK TERMINAL:

2.58.A. Cargo trucks and/or trailers to exchange cargoes;

2.58.B. Cargo trucks to exchange trailers;

2.58.C. Cargo trucks to exchange truck drivers;

2.58.D. Cargo trucks and/or trailers to organize, classify, distribute cargoes;

2.58.E. Cargo trucks and/or trailers temporary parking and the like.

2.59 TWO-FAMILY RESIDENCE:

2.60 WAREHOUSE:

2.61 WAY:

2.62 YARD:

2.63 YARD FRONT:

2.64 YARD REAR:

2.65 YARD SIDE:

Amended: Article 20, ASTM, 10/2/90; Effective 10/4/90
Amended: Article 9, STM, 10/18/94; Effective 11/3/94
Amended: Article 59, AFTM, 10/3/95; Effective 10/19/95

2.66 SELF-SERVICE STORAGE FACILITY:

Amended: Article 13, T.M., 3/12/55; Effective 8/12/55
Amended: Article 33, T.M., 4/5/83; Effective 4/5/83
Amended: Article 5, T.M., 11/29/83; Effective 11/29/83
Amended: Article 17, T.M., 10/1/85; Effective 10/3/85
Amended: Article 19, T.M., 10/1/85; Effective 10/3/85
Amended: Article 7, STM, 5/5/87; Effective 5/19/87
Amended: Article 43, TM, 10/6/87; Effective 10/20/87
Amended: Article 51, ASTM, 5/2/89; Effective 5/16/89
Amended: Article 57, ASTM, 5/2/89; Effective 5/18/89
Amended: Article 20, AFTM, 10/2/90; Effective 10/4/90

Section 3 ESTABLISHMENT OF DISTRICTS

3.1 For the purpose of this By-Law, the Town of Billerica is hereby divided into Zoning Districts as shown on the Zoning Map, as amended and as designated in this By-Law as follows:

3.1.1 FLOOD PLAIN DISTRICTS

3.1.2 RESIDENTIAL DISTRICTS

3.1.2.a. Village Residence

3.1.2.b. Neighborhood Residence

3.1.2.c. Rural Residence

3.1.2.d. Garden Style Apartment & Townhouse District

3.1.3 BUSINESS DISTRICT

3.1.3.a. Neighborhood Business Districts

3.1.3.b. Adult Entertainment Districts

3.1.3.c. General Business Districts

3.1.3.d. Commercial Districts

3.1.4 INDUSTRIAL DISTRICTS

3.1.4.a. Industrial Park Districts

3.1.4.b. Industrial Districts

3.1.4.c. Refuse Transfer Station Districts

3.1.4.d. Private and Public Dumping Ground Districts

3.1.4.e. Self-Service Storage Facility Districts

3.1.5 ALCOHOL & DRUG REHABILITATION HOSPITAL DISTRICT

3.1.6 HISTORIC DISTRICTS OVERLAY DISTRICT

3.1.7 RESIDENTIAL CLUSTER OVERLAY DISTRICT

3.1.8 COMPOSTING DISTRICT

3.1.9 ELDERLY HOUSING OVERLAY DISTRICT

Amended: Article 15, T.M., 3/12/55; Effective 8/12/55
Amended: Article 51, T.M. 3/10/56; Effective 1/4/57
Amended: Article 16, T.M., 3//19/62; Effective 7/12/62
Amended: Article 22, T.M., 1/16/73; Effective 8/16/73
Amended: Article 12, T.M., 3/6/81; Effective 3/6/81
Amended: Article 31, T.M., 4/5/83; Effective 4/5/83
Amended: Article 6, T.M., 11/29/83; Effective 11/29/83
Amended: Article 15, T.M., 10/2/84; Effective 10/2/84
Amended: Article 17, T.M., 10/1/85; Effective 10/3/85
Amended: Article 19, T.M., 10/1/85; Effective 10/3/85
Amended: Article 43, FTM, 10/6/87; Effective 10/20/87
Amended: Article 39, FTM, 10/4/88; Effective10/20/88
Amended: Article 20, STM, 5/5/94; Effective 5/10/94
Amended: Article 47, AFTM, 10/4/94; Effective 10/13/94
Amended: Article 52, ASTM, 5/2/95; Effective 5/18/95
Amended: Article 58, AFTM, 10/3/95; Effective 10/19/95

Section 4 ZONING DISTRICT BOUNDARIES

4.1 DETERMINATION OF ZONING DISTRICT BOUNDARIES

The location of zoning district boundaries is as shown upon the Zoning Map and shall be determined as follows:

4.1.A. Where the zoning boundary lines are shown upon the map as the street lines of public or private streets or ways, the center lines of such streets or ways shall be the boundary lines.

4.1.B. Where zoning boundary lines are shown approximately on the location of existing property or lot lines and the exact location of the zoning boundaries is not indicated by means of figures, distance or otherwise, the property or lot lines shall be the zoning boundary lines.

4.1.C. Where the zoning boundary lines are shown upon the map outside of street lines and approximately parallel thereto, they shall be considered to be parallel to such street lines. Figures placed upon the map between the zoning boundary lines and the street lines indicate measurements at right angles to the street unless otherwise specified.

4.1.D. In cases not covered by provisions of paragraphs A., B. and C. immediately preceding, the location of zoning boundary lines shall be determined by the distances in feet when given upon the map, or when distances are not given, by the scale of the map.

4.1.E. Whenever the exact location of zoning boundary lines cannot be precisely determined under the provisions stated above, the identification and location of such a line shall be determined by the Planning Board and submitted for Town Meeting approval, subject to any amendments Town Meeting may desire; in the interim period, the most restrictive zone on the lot in question will prevail as they range from more restrictive to less restrictive in the order they appear in Section 3.

Amended: Article 14, T.M., 3/12/55; Effective 8/12/55
Amended: Article 19, T.M., 10/1/85; Effective 10/3/85

4.2 DESIGNATION OF GENERAL AND NEIGHBORHOOD BUSINESS DISTRICTS

Voted that the Town amend the Zoning Map by designating as General Business all the former business zoning districts by their respective boundaries lawfully existing as of February 28, 1955, within the following general locations of Billerica, namely:

4.2.A. Adjoining both sides of Boston Road from the Burlington Town line northerly to the Chelmsford Town line;

4.2.B. At Rio Vista, adjoining both sides of Nashua Road near the Concord River, extending from a point on the center line of Nashua Road only two ????

4.2.C. By designating as Neighborhood Business all other former business zoning districts by their respective boundaries lawfully existing as of February 28, 1955, in all other locations wheresoever situated throughout the Township of Billerica.

Amended: Article 20, T.M., 3/12/55; Effective 8/12/55

4.3 DESIGNATION OF RESIDENTIAL DISTRICTS

Voted to amend the Billerica Zoning Map but only all those areas throughout Billerica residentially zoned at the time of the vote on this article, by changing all of them into one or more kinds of residential zoning districts named in Section 3 of the Billerica Zoning By-Law as voted to be amended, such new residential zoning districts being located as designated and described hereunder:

4.3.1 VILLAGE RESIDENCE DISTRICTS

All land and water areas within the locations described below that are not zoned for Neighborhood Business, General Business or Industry are hereby declared to be in VILLAGE RESIDENCE districts:

4.3.1.A. At North Billerica, bounded northerly by the Chelmsford-Tewksbury electric power transmission line; easterly by the railroad; southerly by the center line of Mt. Pleasant Street and said line extended from the railroad to the river; southeasterly by the thread of the river; southerly by the center line of Charlesmere Road and said line extended from the river to Boston Road; southerly and southwesterly by the center line of Chelmsford Road between Boston Road and the Billerica-Chelmsford Town Line; Northwesterly by said Billerica-Chelmsford Town Line.

4.3.1.B. At East Billerica, bounded northerly by a line parallel to and 800 feet northerly from the center line of Andover Road between the power line and the Billerica-Tewksbury Town Line; northeasterly by said Town Line; southeasterly by said Billerica-Tewksbury Town Line; westerly and southwesterly by a line parallel to and 200 feet westerly from the center line of Bellflower Road between said Town Line and Salem Road, and thence by a line parallel to and 200 feet southwesterly from the center line of Salem Road between Bellflower Road and Baldwin Road, and thence by a line parallel to and 200 feet westerly or southwesterly from the center line of Route 129 between Baldwin Road and the electric transmission power line; westerly by the center line of said electric power transmission line.

4.3.1.C. At Pinehurst, bounded northeasterly by a line parallel to and 200 feet southwesterly from the center line of that portion of Bignell Road between Cook Street and the electric power transmission line and by the center line of the electric power transmission line between Bignell Road and the Billerica-Burlington Town Line; southeasterly, southwesterly and southeasterly again by said Billerica-Burlington Town Line between the electric power transmission line and a point on said Town Line 1400 feet southwesterly from its intersection with Burlington Road center line; southwesterly, by a line parallel to and 200 feet southwesterly from the center line of Wildwood Avenue, and said line extended between the aforesaid portion of the Billerica-Burlington Town Line and the Shawsheen River westerly of the intersection of Wildwood Avenue and Robin Road; westerly and northwesterly by the thread of the Shawsheen River; northeasterly by the center line of Boston Road between the Shawsheen River and Cook Street; northwesterly by a line parallel to and 250 feet southeasterly from the center line of Cook Street between Boston Road and Bignell Road.

4.3.1.D. At Nutting Lake, bounded northerly by a line parallel to and 200 feet northerly from the center line of Laurel Street and said line northeasterly and westerly; northwesterly by a line parallel to and 200 feet northwesterly from the center line of that portion of Friendship Street between Everett Street and Plenty Street near Old Middlesex Turnpike, and said line extended both easterly and westerly; westerly by Billerica-Bedford branch of B & M RR; southwesterly by the limited access State Highway Route 3 between the intersection with said railroad and its intersection with Manning Road; southerly by the center line of Pearl Road and said line extended westerly to new Route 3 and easterly to and beyond Lexington Road; easterly by a line parallel to and 200 feet easterly from the center line of Lexington Road.

4.3.1.E. At Rio Vista, bounded northeasterly by a line parallel to and two thousand eight hundred (2,800) linear feet southwesterly from the center line of new Route 3 right-of-way; southeasterly by the thread of the Concord River; southwesterly by the Billerica-Carlisle Town Line, and northwesterly by the center line of Treble Cove Road, from said town line to a point on said Treble Cove Road 400 feet northeasterly of its intersection with Pequot Street center line.

4.3.1.F. At River Pines, bounded northerly by the center line of Bridge Street; easterly by the thread of the Concord River; southwesterly by the center line of Old Middlesex Turnpike; and westerly and northwesterly and northerly by the center line of Treble Cove Road between Old Middlesex Turnpike and Bridge Street.

4.3.2 NEIGHBORHOOD RESIDENCE DISTRICTS

All land and water areas with the locations described below that are not zoned for Village Residence, Neighborhood Business, General Business or Industry are hereby declared to be NEIGHBORHOOD RESIDENCE DISTRICT.

4.3.2.A. The central portions of Billerica Township bounded northerly by the center line of Mt. Pleasant Street and said line extended from the railroad to the Concord River; northeasterly and northerly by the B & M RR Main Line, Southern Division; southeasterly by a line parallel to and 1,400 feet easterly from the center line of that portion of High Street near the Old Middlesex Canal; southeasterly by the northwestern most boundary of land now or formerly B & M RR Shops and yard tracks; easterly by a line parallel to and 600 feet easterly from that portion of the Billerica-Bedford Branch of B & M RR extending from Salem Road to and beyond Old North Cemetery; northerly by a line parallel to and 700 feet northerly from the center line of that portion of Salem Road between the Billerica-Bedford branch of B & B RR and Pond Street and said line extended easterly, easterly by a line parallel to and 700 feet easterly from the center line of that portion of Pond Street between Arch Avenue and Andover Road; northerly and northeasterly by a line parallel to and 700 feet northerly and northeasterly from the center line of that portion of Andover Road between Pond Street and Allen Road; easterly by a line parallel to and 700 feet easterly from the center line of Allen Road between Andover Road and Pine Road; northerly and northeasterly by a line parallel to the center line of Pine Road and of Sylvan Road and said line extended easterly to the Shawsheen River ; southeasterly by the Shawsheen River; southwesterly by a line parallel to and 700 feet southwesterly from Boston Road between the Shawsheen River and Wyman Road; southeasterly by a line parallel to and 700 feet southeasterly from the center line of that portion of Wyman Road between Boston Road and School Lane; southeasterly and southerly by a line parallel to and 700 feet southerly from the center line of School Lane; westerly by a line parallel to and 200 feet easterly from Lexington Road; southerly again by a line parallel to and 200 feet northerly from the center line of Laurel Street and said line extended, and by a line parallel to and 200 feet northerly from the center line of that portion of Friendship Street between Everett Street and Plenty Street and said line extended easterly and westerly; southeasterly by the B & M RR, Billerica-Bedford branch, southwesterly by the new limited access State Highway Route 3 between said Railroad and the Concord River generally, westerly by the thread of the Concord River between said new State Route 3 and the center line of Mt. Pleasant Street extended from the Railroad to the river at North Billerica.

4.3.3 RURAL RESIDENCE DISTRICTS

All land and water areas within Billerica Township not above designated Neighborhood Residence, Village Residence, Neighborhood Business, General Business, or Industrial Zoning Districts are hereby expressly declared to be in RURAL RESIDENCE zoning districts.

Amended: Article 20, T.M., 3/12/55; Effective 8/12/55
Amended: Article 53, T.M., 3/10/56; Effective 1/4/57

4.3.4 HISTORIC DISTRICTS OVERLAY DISTRICT

All land shown on the Town's Historic District Maps recorded at the Middlesex North District Registry of Deeds in Plan Book 174, Plan 103 shall be designated as an Historic Districts Overlay District.

Amended: Article 20, STM., 5/5/94; Effective 5/10/94

Section 5 BUILDINGS AND USES PERMITTED

5.1 Building and Uses Permitted by Special Permit

Deleted Special Town Meeting, 5/5/87; Article 10: Effective 5/19/87

5.2 Buildings and Uses Prohibited

Deleted Special Town Meeting, 5/5/87, Article 11; Effective 5/19/87

5.3 District Objectives

5.3.4 The following districts are established to include, but not limited to the following objectives and performance standards:

5.3.4.A. To lessen congestion in the streets

5.3.4.B. To conserve health

5.3.4.C. To secure safety from fire, flood, panic and other dangers

5.3.4.D. To provide adequate light and air

5.3.4.E. To prevent overcrowding of land

5.3.4.F. To avoid undue concentration of population

5.3.4.G. To encourage housing for persons of all income levels

5.3.4.H. To conserve the value of land, buildings and structures

5.3.4.I. To conserve natural resources

5.3.4.J. To prevent blight

5.3.4.K. To prevent pollution of the environment

5.3.4.L. To encourage the most appropriate use of land throughout the Town

5.3.4.M. To preserve and increase amenities

5.3.4.N. To preserve and enhance the development of the natural, scenic and aesthetic qualities of the community

5.3.4.O. To consider recommendations of the Town's master plan, comprehensive plan, strategic plan and the like, if any

5.3.4.P. To prevent obnoxious, hazardous or injurious uses to the neighborhood or to property

5.3.4.Q To facilitate the adequate provision of:

5.3.4.Q.B. Transportation

5.3.4.Q.C. Water supply

5.3.4.Q.D. Drainage

5.3.4.Q.E. Sewage Disposal

5.3.4.Q.F. Schools

5.3.4.Q.G. Parks

5.3.4.Q.H. Open space

5.3.4.Q.I. Other public requirements

5.4 General Provisions

5.4.A. In the following Sections, Districts and Table of Use Regulations, the designated buildings and alterations and extensions thereof and buildings accessory thereto and designated uses of land, buildings, or parts thereof and uses of land, buildings, or parts thereof and uses accessory thereto are permitted, along with any exceptions that may apply;

5.4.B. Sign Regulations are included separately in Section 16 of this By-Law;

5.4.C. The Special Permit Granting Authority (SPGA) for Section 5 is the Board of Appeal;

5.4.D. All other buildings and uses not expressly authorized in this By-Law are expressly prohibited.

5.4.E. In all districts, vehicle access curb and sidewalk openings shall be limited to an aggregate of twenty-four feet in each fifty feet of frontage and no such curb or sidewalk openings shall exceed twenty four feet in width.

5.4.F. In all districts, vehicle access curb and sidewalk openings to which the general public will have a limited or unlimited right of access shall not be made until a street opening permit for such openings has been issued by the Superintendent of Public Works with a copy to the Inspector of Buildings; the Inspector of Buildings shall not issue a building permit until application for the aforementioned street opening permit has been approved by the Superintendent of Public Works and the Chief of Police, or their designees, to assure that all standards of the Department of Public Works, Public Safety and Public Convenience have been met. For the purpose of this section, it shall be assumed that curbs and sidewalks are existing within every street layout.

5.4.G. In all districts, surface runoff rates to existing and discrete off site areas for the predevelopment existing condition must not be increased for the post development condition.

5.4.H. In all districts, except Residential Districts screening shall be provided, erected and maintained to shield business and industrial uses of land and buildings from adjoining residential and municipal lots and shall consist of a solid fence, wall, landscaped earthen barrier, evergreen planting or combination of these elements not less than six feet in height and along the property line. Screening may be reduced to three and one-half feet where it acts to shield an adjacent public way. Where planting is used, the height, distance and materials shall be approved by the Inspector of Buildings in order that a completely effective barrier be accomplished.

Amended: STM, 5/5/87, Article 9; Effective 5/19/87

5.4.I. In all districts, the following information shall be submitted to the Building Department as a prerequisite to the issuance of a building permit:

5.4.I.1. A properly completed building permit pre-application with all required approvals;

5.4.I.2. Building permit fee as most recently required;

5.4.I.3. A brief description, in terms of the uses permitted within this By-Law, of the intended use of any new structure or addition to an existing structure. Said description to be noted in a conspicuous place on the plan submitted with the pre-application for the building permit;

5.4.I.4. A pre-application for a building permit for an addition to an existing building (s) must be accompanied by a plot plan showing the existing building(s) on the lot, the proposed addition, lot number, book and page of the owner of record, size of the lot, distance from all streets, side lines, easements, water and sewer lines, and any other data required by the Inspector of Buildings;

5.4.I.5. A pre-application for a building permit for all new structures must be accompanied by a site plan drawn in a scale of one inch equals forty feet, showing the north point, proposed location of the building(s) or structure(s) on the lot, book and page number of the owner of record, lot number, size of the lot, distances from all streets, side lines and easements, elevation contour lines drawn at a two foot contour interval, boundaries of the flood plain and wet lands, water and sewer lines and services, and any other data required by the Inspector of Buildings to prove zoning compliance;

5.4.I.6. In the event that the plan filed with the building permit pre-application is larger than twenty four inches by thirty-six inches, the Inspector of Buildings may accept a plan showing the building(s) and surrounding area for a distance of at least one hundred feet at a scale of one inch equals one hundred feet or such other scale as may be appropriate to show the entire lot on one or more sheets of a convenient size;

5.4.I.6. Site plans for business and industrial buildings and structures shall additionally include the design of on-site drainage, layout of roads, driveways, curb cuts, walk ways, parking requirements and the provisions for the handicapped as detailed in the Rules and Regulations of the Architectural Barrier Board;

5.4.I.8. A valid sewage disposal permit issued by the Health Department for all new buildings and structures which will not be serviced by Town Sewer; permission granted by the Health Department for all additions to existing structures, swimming pools, etc. which will not be serviced by Town Sewer, or a valid Town Sewer Connection Permit;

5.4.I.8. The foregoing information together with the plot plan or site plan certified and stamped by a land surveyor or civil engineer registered by the Commonwealth of Massachusetts must be submitted to and accepted by the Inspector of Buildings prior to the erection of any part of a building or structure;

5.4.I.10. Foundationless agricultural production buildings shall be exempt from Section 5.4.I.

5.4.I.A. In all districts, except residential, stone or masonry bounds markers must be installed by a registered land surveyor or registered professional civil engineer, and maintained for inspection at all times to reflect the metes, bounds and courses of each lot prior to the issuance of a building permit.

5.4.I.B. No trailer of any size, make or description excepting small utility, boat trailers, campers and/or travel for storage purposes only customary to home use shall be allowed in any zoning district except Industrial Zones, or by Special Permit for storage purposes in the General Business District for a maximum of six (6) months, or unless used in connection with new construction in the Town and only then after permission from the Inspector of Buildings. Each trailer used for nonresidential use shall obtain a building permit in addition to all other applicable permits.

Amended: Article 56, SFTM 10/1/89; Effective 10/19/89

5.4.L. No residential trailer with or without wheels shall be allowed in any zoning district except within the now existing confines of the trailer park unless for parking and/or storage of the unit. The Building Inspector may issue temporary permits for an emergency use of a residential trailer, with approval of the Board of Health, not to exceed 90 days, with one thirty (30) day extension. Further extension beyond one hundred and twenty (120) days must have the approval of the SPGA.

Amended: Article 19, TM, 10/1/85; Effective 10/3/85

5.4.M. Drive-Through service establishments are permitted provided that:

5.4.M.1. Customers are served inside the perimeter of a building, enclosure or canopy;

5.4.M.2. The green areas required in Section 7 are fully maintained;

5.4.M.3. That adequate safeguards are employed to control the disposal of disposable containers including requirements for the use of biodegradable materials.

Amended: AFTM 10,6/92, Article 26; Effective 10/15/92

5.5 Alcohol and Drug Rehabilitation Hospital Districts

5.5.A. Alcohol and/or Drug Rehabilitation Hospitals as defined in Section 2, part 3 of the zoning by-laws. Such Alcohol and Drug Rehabilitation Hospitals shall be restricted to operation within the Alcohol and Drug Rehabilitation Hospital District only.

5.5.B. Screening shall be provided, erected and maintained to shield the establishment from adjoining residential or municipal properties. Screening shall consist of a solid fence, wall or evergreen planting, in all cases not less than six (6) feet in height. Where planting is used, of height, distance and material approved by the Building Commissioner.

5.5.C. Vehicle access curb and sidewalk openings shall be limited to twenty-four (24) feet in each fifty (50) feet of frontage and no such curb or sidewalk openings shall exceed twenty-four (24) feet in width.

5.5.D. The minimum area per lot shall be 120,000 square feet and not less than 200 feet of street frontage and not more than 25% of the total area of any such lot shall be covered by any buildings, structures or pavement.

5.5.E. Yard space, building height and any other provisions of the zoning by-laws applicable to General Business Districts shall apply to lots within Alcohol and Drug Rehabilitation Districts unless contrary to the provisions contained in this section.

Amended: Article 17, T.M., 10/1/85; Effective 10/3/85

5.6 Flood Plain Districts

5.6.A. Buildings and Structures Permitted: The purpose of this district is to promote the health and safety of the occupants of lands deemed subject to seasonal or periodic flooding. The land included in this district is also included in one of the other districts defined in this by-law. It is the intention of these regulations that the requirements of the Flood Plain District shall be considered to apply in addition to the requirements of whatever other district may include the land. No building or structure intended for human occupancy, either continuous or intermittent, shall be erected or placed in the Flood Plain District unless a special permit for an exception is granted by the Board of Appeal. Only those buildings and structures which in the opinion of the Board of Appeal, are so situated and constructed as to be suitable and safe for human occupancy shall be permitted; such permit shall be secured in the manner prescribed in this section.

Amended: Article 16, T.M. 3/10/62; Effective 7/12/62
Amended: Article 44, T.M. 3/12/66; Effective 5/26/66

5.6.B. Application for Building Permit: Any person desiring a permit to erect or place a structure or building for human occupancy, either continuous or intermittent, within this district, shall submit to the Building Inspector an application which shall be accompanied by plans of the building or structure, the lot and the adjacent land to the extent required to understand the flooding conditions. Said plans, prior to submission, shall have endorsed thereon the approval of the Board of Health. Upon receipt of the application and properly endorsed plans, the Building Inspector shall transmit these forthwith to the Board of Appeal.

5.6.C. Issuance of a Building Permit: No building permit shall be issued unless the Board of Appeal has granted a special permit as an exception as provided in this subsection. All permits issued shall indicate the condition under which the Board of Appeal approval is granted.

Amended: Article 44, T.M., 3/12/66; Effective 5/26/66

If after ninety (90) days from receipt of said application and properly endorsed plans, the Board of Appeal has failed to act., the Building Inspector may issue a building permit without restrictions under this section of the Zoning By-Laws.

Amended: Article 44, T.M., 3/12/66; Effective 5/26/66

5.6.D. Board of Appeal Approval

5.6.D.4. The Board of Appeal shall grant an approval under this section if it finds:

5.6.D.4.a. That the Board of Health has approved whatever solution is offered to drainage and sewage disposal problems incident to the erection or placement of said building or structure.

5.6.D.4.b. That access to said structure or building shall be constructed at an elevation sufficiently high to insure that it can be maintained as safe at all times.

5.6.D.4.c. That all spaces contemplated for use are elevated at least two feet above the expected water level in flood periods for the particular flood plain district as defined by the map of the Flood Plain District and that the fill and foundations are installed in a manner to be safe from erosion and undermining by flood waters.

Amended: Article 44, T.M., 3/12/66; Effective 5/26/66

5.6.D.4.d. That the use of the premises will not endanger the health or safety of the occupants thereof, or of other land in the Flood Plain District

5.6.D.4.d.2. In the event that, in the opinion of the Board of Appeal such buildings, structures or plans do not comply with the intent and purposes of this section, the Board shall issue a denial. Said denial shall include a general statement indicating the reasons for the action, and be transmitted forthwith to the applicant. The Building Inspector shall then formally deny the issuance of a permit.

5.6.E. Other Uses No land in such district shall be filled or paved except with the approval, after a public hearing, of the Board of Appeal.

Amended: Article 31, T.M., 4/5/83; Effective 4/5/83

Uses other than those requiring special permits for exceptions as required in this subsection 5.6 shall be permitted provided such uses are permitted in the particular zoning district containing the particular land involved. All conditions and qualifications of said zoning district shall apply.

Amended: Article 44, T.M., 3/12/66; Effective 5/26/66

5.6.F. Nothing contained in this Section 5.6 shall limit the authority of the Board of Health with respect to premises in the Flood Plain District or affect the applicability of the Billerica Building Code and Plumbing Regulations to any building in the Flood Plain District.

5.6.G. A site plan approval issued by the Board of Appeal or a building permit issued by the Building Inspector before the effective date of this section 5.5 shall be deemed to be a permit hereunder.

5.6.H Flood Plain District Boundaries In order to determine the boundaries of the Flood Plain District, the following reference maps shall be the sole determining factor. All land shall be considered in the flood plain whenever any one or more of the following four (4) conditions exist for that land that is contiguous to a river, brook, and/or pond. The Town Engineer and the Board of Health shall be the custodians of these maps. The Board of Appeals shall use these contour elevations to determine its requirements for granting any special permits.

5.6.H.1. Green Maps: Any land showing flood plain limits on the 1973 Town of Billerica, Massachusetts, Flood Plain Index Maps prepared by Green Engineering Affiliates, Inc. (Green Maps) including the set of one hundred forty seven (147) one hundred (100) scale contour maps prepared by Green Engineering Affiliates, Inc.

5.6.H.2. Concord River Adjustment: Any land shown on the Green Maps along the Concord River after an adjustment of three (3) feet below the flood contour as delineated shall be considered within the 100 year flood level.

5.6.H.3. Shawsheen River Adjustment: Any land shown on the Green Maps along the Shawsheen River after an adjustment of one (1) foot below the flood contour as delineated shall be considered within the 100 year flood level.

5.6.H.4. Federal Maps: Any land shown on the Flood Insurance Rate Map (FIRM), community panel number 250183-0001, with an effective date of August 5, 1985, U.S. Department of Housing and Urban Development Federal Insurance Administration, including any future adjustments or amendments. The use of this map shall be to meet the requirements of the National Flood Insurance Program. In all cases, the reference map which delineates the highest flood elevation shall supersede all others. Nothing in this section shall prohibit the Conservation Commission and/or the Board of Health from making non-zoning determinations of the flood plain and performing its required duties.

Amended: Article 21, T.M., 10/7/80; Effective 10/7/80
Amended: Article 47, T.M., 5/7/85; Effective 5/14/85
Amended: Article 25, AFTM, 10/5/93; Effective 10/14/93

5.6.I. All buildings designed for human occupancy, which are existing on the date this amendment is voted shall be exempt from the provisions of Subsection 6 of section 5, whether or not said buildings are located within the boundaries of the Flood Plain District.

5.7. Use Regulations, Table of Principal Uses & Use Narratives

5.7.1. Use Regulations

A use listed in the following table is permitted in any district under which it is denoted by the word "yes". If denoted by the letters "SP", the use is permitted only if a Special Permit is obtained as provided herein by the SPGA, Board of Appeal and/or Planning Board as appropriate and makes such specific findings as may be required by this By-Law with respect to such use and other particular uses may also require special permits if included in Section 5.1. If donated by the word "NO", the use is prohibited in any district which it is denoted and other prohibited uses may also be found in Section 5.2. Flood Plain, Garden Apartment, Refuse Transfer Station, Private and Public Dumping Ground and Adult Entertainment Districts are detailed separately in Section 5.6, Section 5.8, Section 5.10, Section 5.11 and Section 5.9 respectively of this By-Law; the remaining districts and uses are as follows:

5.7.2. Principal Use Table

5.7.2.I. Amended: Article 8, STM, 6/8/90; Effective 6/7/90
5.7.2.Q. Amended: Article 48, FTM 10/1/96; Effective 10/10/96
Amended: Article 43, ASTM, 5/1/90; Effective 5/10/90
Amended: Article 52, ASTM, 5/2/95; Effective 5/18/95
Amended: Article 58, AFTM, 10/3/95; Effective 10/19/95

5.7.3 Principal Use Table Narratives

5.7.3.A. Nursing Care, Hospital, Rehabilitation Center and Cemetery, also including a sanitarium, nursing home, rest home, convalescent home, hospital, rehabilitation hospital, clinic, nursing care, congregate living, independent living, day care for elderly persons and facilities for the treatment of specialized illnesses provided that such use by special permit will not constitute a hazard or a nuisance and will be in harmony with the general purposes and intent of this By-Law with consideration given to conserve the public health, safety, convenience, morals and welfare and such use shall not have a detrimental or injurious effect on the neighborhood.

5.7.3.AA. Fully Automated Business Establishment - Businesses where an employee is not generally present when the establishment is open for business, such as an automatic bank teller, kiosk, a laundromat, an automat, etc.

5.7.3.B. Dwelling & Elderly Housing - with dwellings defined in Section 2.10 and also including home occupations as defined and qualified in Section 2 including, but not limited to, such offices as those of an accountant, agent, architect, attorney, bookkeeper, broker, consultant, counselor, dentist, physician, registered engineer, sales representative, typist or word processor, and shall include, but not limited to such personal trade services as those furnished by a dressmaker, photographer, tailor, teacher or tutor, but shall not include such services as the operation of a barber shop, beauty salon, commercial kennel or stable or a business involving the buying, selling, repairing or servicing of motor vehicles, boats or contractor's equipment; with elderly housing including a dwelling, except the construction and use of multiple dwelling structures for the elderly and low income families on Residential District sites owned or to be owned by the Billerica Housing Authority and approved by the Department of Community Affairs of the Commonwealth of Massachusetts, United States Department of Housing and Urban Development, Housing Assistance Administration, and the Billerica Housing Authority and said sites shall first be subject to a vote at any town meeting or special town meeting with two thirds voting in favor after public hearing held by the Planning Board consistent with Section 9.3 of this By-Law, and the Planning Board shall report to the town meeting with a recommendation either in favor or opposed to said site or sites;

5.7.3.BB. Self-Service Storage Facility (see Section 5.13)

5.7.3.C. Above Ground Utility - including structures for communications or other public utility uses;

5.7.3.D. Lodge or Club - including a private lodge or club operated for members or employees;

5.7.3.E. Earth Migration and Recreation - with earth migration covered in Section 6 and with recreation including a private country club, golf course or riding stable on lots of ten acres or larger, or with recreation including a playground, fishing, boating, skiing, ski run, ski tow, skating, swimming, and similar non-municipal facility for organized athletic activities;

5.7.3.F. Philanthropic - including charitable or nonprofit library, museum, art gallery or other similar use;

5.7.3.G. Greenhouse - including a commercial greenhouse, salesroom or stand for the sale of nursery, garden or farm products provided that in all residential districts such use shall be upon five or more acres;

5.7.3.H. Forestry, Agricultural, Conservation Use, Religious, Educational, Municipal, Underground Utility - with forestry including cultivating and harvesting of forest products including, if upon more than five or more acres, firewood; with agriculture including cultivating and harvesting general crops and market gardens including the storage of necessary farm equipment including a farmstand for crops grown on the premises, and including, if upon five or more acres, a farm for the raising of cattle, horses, sheep, goats, and poultry, stabling of horses, any stable must be located at least twenty-five (25) feet from an abutter's property line, and a farm stand for the sale of farm products grown in the town or towns contiguous to the Town; with conservation including wildlife management, boating, fishing and hunting; with religious including use of land, buildings and structures for public worship carried on by a recognized religious sect or denomination which may include religious instruction, maintenance of a convent, parish house and similar facility and activities whose purpose is substantially related to furthering the beliefs of such sect or denomination; with educational including schools as defined in Massachusetts General Laws, Chapter 40A, Section 3 and use of land, buildings or structures for providing learning in a general range of subjects on land owned or leased by the Commonwealth or any of its agencies, subdivisions of bodies politic or by a recognized religious sect or denomination, or by a non-profit educational entity which may include athletic facilities, dormitories, administrative offices and similar facilities and activities whose purpose is substantially related to furthering learning with the maximum lot coverage of such a facility not to exceed twenty-five (25) per cent; with municipal being a Town facility; and finally with underground utility including the underground facilities for communications and other public utilities;

5.7.3.I. Retail Store, Bank and Personal Services - with a retail store including a drugstore, book, stationary and gift shop, florist, television and radio sales, hardware store, news store, neighborhood grocery, dry good and variety store or similar retail facility; with a bank including a bank, loan agency or similar facility; and with personal services including a barber shop, beauty shop, tailor, dressmaker, laundry or dry cleaning shop, watch and shoe repair shop, self service dry cleaning or laundry shop or similar service shop; except allowed in the Industrial and Industrial Park Districts by Special Permit.

Amended: Article 8, STM, 6/7/90; Effective 6/7/90

5.7.3.J. Indoor Amusement - including a theater, cinema and bowling alley;

5.7.3.K. Repair Shop & Building Trade, Business and Professional Offices and Research Facility - with a repair shop and building trade including a repair shop for appliances, office equipment, bicycles, lawnmowers or similar equipment, caterer, bakery, governmental offices and services (i.e. county, state and federal uses, if owned by the county, state and federal governments, the limit on the number of employees does not apply), and shop of a builder, electrician, mason, plumber or similar occupation, provided that in Neighborhood Business and General Business Districts no more than five full time workers, or their equivalent, shall be employed on the premises; with business and professional offices including an office of a business, doctor, massage/bodywork/movement education professionals, lawyer, accountant, architect, engineer or similar office; with a research facility including a scientific and medical research facility, education facility for profit, and support services for the foregoing, such as office and laboratory;

Amended: Article 57, ASTM, 5/2/95; Effective 5/23/95

5.7.3.L. Supermarket and Department Store - including a supermarket, general department store, discount store, furniture and floor covering sales or similar retail facility;

5.7.3.M. Funeral Home - including an undertaking or funeral establishment;

5.7.3.N. Restaurant, Hotel & Motel - with a restaurant including a food establishment where the principal service is the sale of food on chinaware or beverage in glasses or china cups to be consumed by persons at tables within the building and the incidental sale of food to "take out" and including a fast food establishment providing that adequate safeguards are employed to control the disposal of disposable containers; restaurants in Industrial Districts are prohibited unless specifically permitted by the SPGA; with Hotel and Motel including lodging for more than four roomers, boarders or tourists, and open space shall be provided on the lot in addition to any area required for parking and associated driveways, equal to twice the gross floor area of the hotel or motel. Rooms or suites of rooms shall not contain cooking facilities unless specifically permitted by the SPGA. In all applicable districts, hotel or motel sites shall contain at least ten acres and the hotel or motel shall contain at least 100 guest rooms or suites.

Amended: Article 54, AFTM, 10/3/89; Effective 10/19/89
Amended: Article 55, ASTM, 5/2/89; Effective 5/23/89
Amended: Article 22, ASTM, 5/6/97; Effective 5/13/97

5.7.3.O. Auto: Service, Repair, Sales, Body Repair, Washing, Leasing, Rental and Parking - with auto service, repair and washing including the sale of motor vehicle fuel, related products and services, including a car wash, provided that such facilities on a particular lot shall not be within one thousand three hundred feet of another similar business and that all maintenance and service, other than minor service at the island and emergency repairs, shall be conducted entirely within a building; with auto body repair including an establishment where the principal service is the repair and painting of automobiles, provided that all but minor repairs shall be conducted entirely within a building; with auto sales, leasing and rental including a salesroom and related buildings and facilities including the open air display of automobiles; with auto parking including a commercial parking lot or parking garage;

5.7.3.P. Truck: Service, Repair, Sales, Body Repair, Washing, Leasing, Rental and Parking - with truck service, repair and washing including the sale of motor vehicle fuel, related products and services, including a truck wash, provided that such facilities on a particular lot shall not be within one thousand three hundred feet of another similar business and that all washing, maintenance and service, shall be conducted entirely within a building; with truck body repair including an establishment where the principal service is the repair and painting of trucks, provided that all repairs shall be conducted entirely within a building; with truck sales, leasing and rental including a salesroom and related buildings and facilities including the open air display of trucks with truck parking including a commercial parking lot or parking garage;

5.7.3.Q. Storage Yard & Open Air Sales - with storage including a lumber yard, contractor's yard, or other open air establishment for the storage, distribution or sale at wholesale or retail of materials (but not including salvage materials), merchandise, products or equipment, provided that all operations shall be such as to confine to the premises disturbing dust, noise or other objectionable effects and provided further that such use is not hazardous by reason of the potential for fire, explosion, radiation release or other casualty. Open air sales of garden related equipment and supplies as part of a retail business is permissible in a general business zoning district by special permit to be granted by the SPGA; no other type of storage yard or open air sales shall be allowed in a general business district;

Amended: Article 48, FTM 10/1/96; Effective 10/10/96

5.7.3.R. Aviation - with aviation including an aviation field and related facilities;

5.7.3.S. Light Manufacturing - with light manufacturing including a research or testing laboratory, printing or publishing plant, bottling works, manufacturing establishment or other assembling, packaging, finishing or processing use, provided that all operations shall be such as to confine disturbing smoke, fumes, dust, odors, and noise to the premises, and that no operations shall constitute a hazard by reason of the potential for fire, explosion, radiation release or other casualty; and provided further that in the Business Districts only manufacturing of products primarily for sale at retail on the premises shall be conducted and that no more than five full time workers, or their equivalent shall be employed on the premises; and the applicant for a building permit for these uses, or when the use is subsequently changed, shall show by written andother exhibits attached to the original building permitthat such proposed establishment will not be noxious, offensive or detrimental to the neighborhood or to the Town by reason of special danger of fire or explosion, pollution of waterways, emission of corrosive, toxic or noisome fumes, gas, smoke, soot, obnoxious dust, disagreeable odors, offensive noises or vibrations or other objectionable characteristics; and warehouse or storage use shall be permitted only as an accessory use.

5.7.3.T. Flood Plain District (see Section 5.6)

5.7.3.U. Garden Apartments District (see Section 5.8)

5.7.3.V. Public & Private Dumping Ground District (see Sect. 5.11)

5.7.3.W. Refuse Transfer Station District (see Section 5.10)

5.7.3.X. Adult Entertainment District (see Section 5.9)

5.7.3.Y. Alcohol & Drug Rehabilitation (see Section 5.5) Hospital District

5.7.3.Z. Buildings and Uses Prohibited - The following uses are expressly prohibited in all districts:

5.7.3.z. Trucking terminals

5.7.3.aa. Trailer and truck rental yards

5.7.3.bb. Junk yards

5.7.3.cc. Salvage yards

5.7.3.dd. Drive-in restaurants

5.7.3.ee. Truck service, repair, painting, body repairs and washing facilities not wholly conducted in a building sufficiently insulated to confine disturbing noise to the premises

5.7.3.ff. Trailer camps, temporary or permanent

Amended: Article 43, ASTM, 5/1/90; Effective 5/10/90

5.7.3.h. Unregistered motor vehicle open air storage in residential districts of more than two vehicles, with the second vehicle approved by special permit by the SPGA.

5.7.3.i. Slaughterhouse

5.7.3.a. Rendering plant

5.7.3.b. Fertilizer plant

5.7.3.c. Race track

5.7.3.d. Open air storage of junk, waste products and salvage materials including non-operable motor vehicles ???? The purpose of this section is to specifically identify prohibited uses for clarity. However, this list is not exhaustive.

5.7.3.ZZ. Composting District (see Section 5.15)

Amended: Article 11, STM, 5/5/87; Effective 5/19/87
Amended: Article 10, STM, 5/5/87; Effective 5/19/87
Amended: Article 43, FTM, 10/6/87; Effective 10/20/87
Amended: Article 55, ASTM, 5/2/89; Effective 5/23/89
Amended: Article 52, ASTM, 5/2/95; Effective 5/18/95

5.7.4. Accessory Uses:

5.7.4.A. In the Residential Districts or for dwellings in the Neighborhood Business District, uses customarily incident to the principal uses permitted as of right shall be permitted as accessory uses, including, but not limited to, structures such as a private garage, carport, playhouse, greenhouse and tool shed;

5.7.4.B. In the Residential Districts or for dwellings in the Neighborhood Business District, a swimming pool, tennis court or similar home recreation facility shall be permitted, provided that such a facility is used only by the residents of the premises and their guests and such recreational facility conforms to the dimensional regulations in this By-Law. All in-ground pools and above-ground pools which are accessible from ground level without the use of a ladder shall be completely fenced to a minimum height of four feet with an exclusionary fence.

5.7.4.C. In the Residential Districts or for dwellings in the Neighborhood Business District, the storage of one recreational trailer, home utility trailer, boat and one unregistered automobile shall be permitted, provided that such trailer, boat and vehicle is not stored within the front yard or the minimum side yards. The storage of more than one such trailer, boat and vehicle may be authorized by the SPGA by special permit; in the Neighborhood Business, General Business and Commercial Districts, the storage of unregistered motor vehicles may be authorized by the SPGA by special permit;

5.7.4.D. In Residential Districts, garaging or parking for one commercial automobile shall be permitted, provided that the garaging and parking of more than one such vehicle(s) or truck may be authorized by the SPGA by special permit.

5.7.4.E. In the Residential Districts the renting of rooms and furnishing of table board for not more than five persons shall be permitted provided that the owner of record of the premises is the prime resident of the dwelling. Renting rooms and boarding for more than five persons may be authorized by the SPGA by special permit;

5.7.4.F. In all districts, any building or premises owned or operated by a municipal, educational or religious organization or private lodge or club may be used with the owner's permission for fairs, bazaars, antique shows, or similar events. Events which do not conform to the provisions of this sub-section may be authorized by the SPGA by special permit;

5.7.4.G. In all districts, the Inspector of Buildings may authorize the temporary use of a trailer or mobile home as a construction site office for not more than two years, provided that the authorization shall require the removal of such use within ninety days after the completion of the work for which the temporary use was permitted and provided further that, if construction is actively proceeding according to a schedule filed with the Inspector of Buildings, the authorization for the trailer or mobile home may be renewed by the Inspector of Buildings for successive six month periods up to two additional years, then by the SPGA by special permit;

5.7.4.H. In all districts, except for the purposes specified in Massachusetts General Laws, Chapter 40A, Section 3, the use of a trailer or mobile home as a temporary dwelling for not more than fourteen days in any calendar year shall be permitted but such use of a trailer or mobile home for more than fourteen days may be authorized by the SPGA by special permit subject to a reasonable time limit.

5.7.4.I. In Neighborhood Business and General Business Districts, and at any farm stand or greenhouse permitted under Section 5.7.2.G and Section 5.7.2.H, the sale of Christmas trees shall be permitted during the months of November and December;

5.7.4.J. In all districts, except the Commercial District, no lot or parcel of land shall be used for the purpose of unenclosed storage of building equipment or supplies ancillary to building, except when a building permit has been issued for said lot or parcel. All such equipment and materials shall be removed ninety days after completion of work for which the building permit was issued;

5.7.4.K. In Residential Districts, the sale of farm products raised outside of the Town, or towns contiguous to the Town are permitted if such sales are secondary to the operation of the farm stand permitted in Section 5.7.2.H;

5.7.4.L. The SPGA by special permit may authorize uses, whether or not on the same parcel as activities permitted as a principal use which activities are necessary in connection with scientific research or scientific development or related production, provided that the SPGA finds that the proposed accessory use does not substantially derogate from the public good and are consistent with Section 5.3;

5.7.4.M. In Residential Districts, an in-law apartment may be authorized by the SPGA by special permit for an accessory use to a dwelling consisting of separate living quarters not exceeding eight hundred (800) square feet in the same building as the principle use dwelling with occupancy of no more than two related persons, with sufficient off-street parking and the building must retain its characteristically one-family appearance, and provided further that such accessory use shall cease forthwith upon the premises being vacated by the aforementioned related persons.

Amended: Article 8, STM, 5/4/93; Effective 5/6/93
Amended: Article 43, STM, 5/3/94; Effective 5/24/94

5.7.4.N. In the Residential Districts, up to two lawn or garage sales per calendar year may be undertaken for a period of one day each, upon issuance of a permit by the Board of Selectmen's Office.

5.7.4.O. In Residential Districts, the keeping of horses, according to the following table, for the personal use and enjoyment of the occupant or occupant's family shall be permitted, provided that they be properly kept, confined, and controlled so as not to be injurious, noxious, or offensive to the neighborhood, and provided further that the keeping or use of any horse or horses for business purposes such as, but not limited to, stabling; any stable must be located at least 25 feet from an abutter's property line. Boarding, raising, or breeding animals owned by persons not resident on the premises is prohibited.

Amended: Article 17, TM, 10/1/85; Effective 10/3/85
Amended: Article 19, TM, 10/1/85; Effective 10/3/85
Amended: Article 35, TM, 5/6/86; Effective 5/8/86
Amended: Article 19, TM, 10/2/90; Effective 10/4/90
Amended: Article 22, TM, 5/5/92; Effective 5/7/92

5.7.4.P. The kenneling of up to fifteen (15) dogs shall be allowed by special permit as an accessory use to the pet shop or veterinary use in the General Business District under the following restrictions:

5.7.4.P.1. There shall be at least forty (40) square feet per dog of outside kennel space on the site.

5.7.4.P.2. All kenneled dogs shall be kept indoors between the hours of 9:00 P.M. and 7:30 A.M.

5.7.4.P.3. Compliance with all applicable restrictions and laws as outlined in the Middlesex County Rules and Regulations, Chapter 140, Sections 137(A) and 137c, and Massachusetts General Laws pertaining to dogs, and as they are amended.

Amended: Article 58, ASTM, 5/2/95; Effective 5/16/95

5.8. GARDEN STYLE APARTMENT AND TOWNHOUSE DISTRICT

5.8.A. District - Townhouses and Garden Style Housing may be constructed in the Garden Style Apartment and Townhouse District subject to the controls contained herein and obtaining a special permit from the Zoning Board of Appeals. Duplexes and two-family homes are also allowed in this district by special permit. Single family homes are allowed by right if all the dimensional requirements for the Rural Residential District are met. In order to grant a special permit, the Zoning Board of Appeals shall make the following findings:

5.8.A.1. The requested use is desirable to the public convenience or welfare.

5.8.A.2. The requested use will not create or add to undue traffic congestion, or unduly impair pedestrian safety.

5.8.A.3. The requested use will not overload any public water, drainage or sewer system or any other municipal system to such an extent that the requested use or any developed use in the immediate area or in any other area of the town will be unduly subjected to hazards affecting health, safety or the general welfare.

5.8.A.4. The requested use will not impair the integrity or character of the district or adjoining districts, nor be detrimental to the public health, convenience or welfare.

5.8.A.5. The requested use will not, by its addition to a neighborhood, cause an excess of that particular use that could be detrimental to the character of said neighborhood.

5.8.A.6. The design and architectural treatment of the use is not incongruous or inappropriate to the character of the neighborhood in which it is proposed to be constructed.

Amended: Article 52, AFTM, 10/3/89; Effective 10/12/89

5.8.B. Site Plan Approval

5.8.B.1. Requirements for Site Plan - No Townhouse or Garden Style apartment shall be constructed or externally enlarged, except in conformity with a site plan bearing an endorsement of approval by the Board of Appeal. Said site plan shall show, among other things, all existing and proposed building, all existing structures, parking spaces, driveway openings, driveways, service areas, and other open uses, all facilities for sewerage, refuse and other waste disposal and for surface water, drainage, and all landscaping features such as walks, fences, walls, planting areas and greenbelts on the lot.

5.8.B.2. Approval Procedure - Any person desiring approval of a site plan under this section shall submit the required number of copies of the plan prepared by a registered land surveyor or professional engineer in collaboration with a registered landscape architect, with a properly executed application for approval thereof, directly to the Town Clerk who shall forthwith transmit it to the Board of Appeal. The Board shall then forthwith transmit one (1) copy of each plan to the Planning Board and to the Board of Health which said boards may, at their discretion, investigate the case and report in writing their recommendations to the Board of Appeal. The Board of Appeal shall not take final action on such plan until it has received a report thereon from the Planning Board and Board of Health or until said Planning Board and Board of Health have allowed thirty-five (35) days to elapse after receipt of such plan without submission of a report thereon.

5.8.B.3. General Conditions for Approval - In considering a site plan under this Section, the Board of Appeal shall assure, to a degree consistent with a reasonable use of the site for the purposes permitted or permissible by regulations of the district in which located, that the site plan provides for the convenience and safety of vehicular and pedestrian movement within the site, and in relation to adjacent streets, property or improvement. In addition, no buildings or access facilities shall be placed on any portion of the land determined by the Board of Health to be unsuitable for such construction.

5.8.B.4. Authority of the Board - The Board of Appeal shall have power to modify or amend its approval of a site plan on application of the owner, lessee, or mortgagee of the premises, or upon its own motion if such power is reserved by the Board in its original approval. All of the provisions of this Section applicable to approval shall, where apt, be applicable to such modifications or amendment, including the requirements of notice and public hearing. The Board of Appeal may not vary the provisions of the By-Laws.

5.8.C. Area Requirements - The Townhouse or Garden Style Apartment site shall have not less than 150 feet of frontage. The minimum site width shall be 150 feet. The minimum site size for such development shall be 1.5 acres.

5.8.D. Site Coverage and Design Restrictions

5.8.D.1. Buildings shall not cover more than thirty (30) percent of the site. At least forty (40) percent of the site shall be maintained as green space, as defined in Section 7.5 of the By-Laws.

5.8.D.2. There shall be a minimum distance of forty (40) feet between two (2) residential buildings or groups of townhouses on the same site.

5.8.D.3. Townhouse rows shall consist of a minimum of three (3) units and a maximum of ten (10) units. Each townhouse dwelling unit shall be a minimum of eighteen (18) feet wide.

5.8.D.4. No open parking or driveway shall be closer than fifteen (15) feet to a wall containing windows or habitable rooms.

5.8.D.5. Townhouses may be maintained as rental units or may be sold as condominiums. Townhouse units may not be sold as row houses with their own individual sites. This shall not restrict the allocation of outdoor space adjacent to individual dwelling units for the exclusive use of the occupants of specific dwelling units.

5.8.E. Minimum Yard Requirements - On each site there shall be provided a minimum setback of thirty-five (35) feet from the front property line, a minimum setback of thirty (30) feet from each of the side property lines, and a minimum setback of thirty (30) feet from the rear property lines. The Townhouse and Garden Style Apartment developments abutting a single-family district side and rear setbacks shall be increased to fifty (50) feet, or twenty-five (25) feet which shall be retained in its natural wooded state or landscaped along the perimeter of the site abutting the single family district. In all cases, a landscaped buffer strip shall be provided so as to protect adjoining properties from the effects of noise, lights, air or visual impact. Proponents must demonstrate to the satisfaction of the SPGA that these concerns have been adequately addressed.

5.8.F. Height Restrictions - Townhouse and Garden Style apartment buildings shall not exceed two and one-half (2 1/2) stories nor be more than thirty-five (35) feet in height, provided that no living quarters shall be located below the mean finished grade of the ground adjoining the building, nor above the second story.

5.8.G. Density - A minimum of seven thousand, five hundred (7,500) square feet of land shall be required for each dwelling unit. If consistent with Chapter 774, the minimum shall be six thousand, eight hundred (6,800). The area used in the calculation shall not include any bordering vegetative wetlands as defined by M.G.L. C. 131, Section 40 and by 310 CMR 10.00 nor any flood plain as defined by Section 5.6 of this by-law.

Amended: Article 19, AFTM, 5/7/96; Effective 5/14/96

5.8.H. Parking - There shall be two (2) parking spaces per unit.

5.8.I. Infrastructure - All sites must be served by the Town water systems. All sites must be served by an existing Town sewer, or by an extension of an existing Town sewer line, in which case it must require prior approval of the Board of Selectmen. Installation of any sewer line extension, if approved by the Sewer Commission, will be the financial responsibility of the developer, and will be installed in accordance with the specifications provided by the Sewerage Commission. Said extension will be so laid out that any residence it passes will be able to be served by the line.

5.8.J. Fire Lanes - All buildings shall be surrounded by fire lanes. A fire lane is an open space in which no vehicle may be parked and in which no building, structure, fence, stair, covered or uncovered porch, cornice, eaves or other building projection may be erected without written permission from the Chief of the Billerica Fire Department except that buildings may be interconnected by corridors or walkways, if provision is made for access by fire apparatus to all outside walls. The space shall be vacant between a building and a line parallel to and fifteen (15) feet equidistant from a building. The requirement for a fire lane surrounding the structure shall not be construed to mean that paved access surrounding the structure is required. The area may be planted with low plantings of a size which would not impede fire vehicles.

Amended: Article 57, AFTM, 10/3/95; Effective 10/19/95

5.8.K. Access Roads - All access roads shall be built in accordance with design specifications of the Subdivision Rules and Regulation of the Town of Billerica.

Amended: Article 39, AFTM, 10/4/88; Effective 10/20/88

5.9. ADULT ENTERTAINMENT DISTRICTS

5.9.A. Adult Entertainment Establishments - as defined in Section 2 of the Zoning By-laws. Such adult entertainment establishments shall be restricted to operations within the Adult Entertainment District only.

5.9.B. Minimum Area Per Lot - shall be 40,000 square feet and not less than 125 feet of street frontage and not more than 25% of the total area of any such lot shall be covered by any buildings.

5.9.C. Yard Space , building height and any other provisions of the zoning by-laws applicable to General business Districts shall apply to lots within the Adult Entertainment Districts unless contrary to the provisions contained in this section.

5.9.D. Permitted Uses - In addition to the uses described under Section 2.2, all uses which are allowed by right or special permit in the General Business District shall be likewise permitted in the Adult Entertainment District.

Amended: Article 6, TM, 11/29/83; Effective 11/29/83
Amended: Article 19, TM, 10/1/85; Effective 10/3/85
Amended: Article 21, STM, 5/5/94; Effective 5/10/94

5.10. Refuse Transfer Station Districts

5.10.A. Definition - Any facility used as a refuse transfer station. By "refuse" is meant all solid or liquid waste materials, including garbage and rubbish, sludge and residual waste but not including radioactive materials or sewage.

5.10.B. Area, Frontage and Yard Space Requirements - The proposed site shall have a minimum of 500 feet frontage on an accepted street. The proposed site shall have a buffer zone of not less than 500 feet deep when abutting any residentially used or zoned land or 100 foot buffer with a banking at least eight (8) feet high. The buffer zone shall have sufficient trees and bankings to completely shield the operations of the transfer station from the street and all abutters. The access road shall be constructed so that the transfer station is not visible from the street.

5.10.C. Building Height Restrictions - Building shall not exceed thirty (30) feet in height.

5.10.C.1. Requirement for Site Plan - No facility shall be constructed or enlarged, except in conformity with a site plan bearing an endorsement of approval by the Board of Appeal. Said site plan shall show, among other things, all existing and proposed buildings, all existing structures, parking spaces, driveway openings, driveways, service areas, and other open uses, all facilities for sewerage, refuse and other waste disposal and for surface water, drainage, and all landscaping features such as walks, fences, walls, planting areas and greenbelts on the lot.

5.10.C.2. Procedure Approval - Any person(s) desiring approval of a site plan under this section, shall file with the Board of Appeal for a Special Permit pursuant to the Rules and Regulations of the Board of Appeal. The Board of Appeal shall forthwith transmit one copy of each plan to the Planning Board and to the Board of Health, which said Boards may in their discretion, investigate the case and report in writing their recommendations to the Board of Appeal. The Board of Appeal shall not take final action on such plan until it has received a report thereon from the Planning Board and Board of Health, or until said Planning Board and Board of Health have allowed thirty-five (35) days to elapse after receipt of such plan without submission of a report thereon. No buildings or access facilities shall be placed on any portion of the land determined by the Board of Health to be unsuitable for such construction. In exercising its jurisdiction under this Section, the Board of Appeal shall conform to all requirements of procedure applicable to all Boards of Appeal when deciding requests for special permits under General Laws, Chapter 40A as amended (including the requirements thereof for public notice and hearing).

5.10.C.3. General Conditions for Approval - In considering a site plan under this Section, the Board of Appeal shall assure to a degree consistent with a reasonable use of the site for the purposes permitted or permissible by regulations of the district in which located. The applicant shall show to the Board of Appeal by written or other exhibits illustrating the use of best available control technology that the proposed use will not be noxious, offensive, or detrimental to the neighborhood or to the Town by reason of special danger of fire or explosion, pollution of water-ways, emission of corrosive, toxic or noisome fumes, gas, smoke, soot, obnoxious dust, disagreeable odors, offensive noises or vibrations or other objectionable characteristics.

5.10.C.4. Authority of the Board

The Board of Appeal shall have power to modify or amend its approval of a site plan on application of the owner of the premises, or upon its own motion if such power is reserved by the Board in its original approval. All of the provisions of this Section applicable to approval shall, where apt, be applicable to such modifications or amendment, including the requirements of notice and public hearing.

5.10.E. Wetlands or Flood PlainAny facility used as a refuse transfer station including buffer zone shall not be located within 250 feet of wetlands, or the flood plain of a brook, stream, river, pond, or lake, or the Town's water supply.

Amended: Article 14, TM, 10/2/84: Effective 10/2/84
Amended: Article 45, TM, 5/7/85; Effective 5/14/85
Amended: Article 19, TM, 10/1/85; Effective 10/3/85

5.11. PRIVATE & PUBLIC DUMPING GROUND DISTRICT

5.11.A. Definition:( Any facility used for a sanitary landfill, a refuse incinerator with a grate area in excess of ten (10) square feet, an incinerator used for disposing of human or animal parts irrespective of grate area, a refuse composting plant, a residual waste storage or treatment plant, a dumping ground for refuse or any other works for treating or disposing of refuse except refuse transfer stations. By "refuse" is meant all solid or liquid waste materials, including radioactive materials, garbage and rubbish, sludge and residual waste, but not including sewage. This type of facility shall not be allowed in any other zoning district. Said district shall be created by a town meeting vote to alter the present zoning map.

Amended: Article 13, TM, 10/2/84; Effective 10/2/84

5.11.B. Area, Frontage and Yard Space Requirements: The proposed site shall contain a minimum area of 45,000 square feet and a minimum frontage on an accepted street of 150 feet. There shall be provided an open yard space of not less than 100 feet along the front property line and not less than 35 feet along each side property line and not less than 50 feet along the rear of each lot.

5.11.C. Building Height Restrictions: Buildings shall not exceed 55 feet in height.

5.11.D. Site Plan Approval

5.11.D.1. Requirement for Site Plan: No facility shall be constructe