AMENDED TO DATE-NOVEMBER 10, 2006

ZONING BY-LAW, NORTH BROOKFIELD, MASSACHUSETTS

Section I

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Purpose: To promote the health, safety, convenience and general welfare of its inhabitants, to protect the community and to promote sound growth, the Town of North Brookfield is hereby divided into districts in which the use of land and the construction, alteration, height, location and use of buildings and structures are hereby regulated as provided under the authority of Chapter 40 A of the General Laws.

Section II

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Definitions: In this By-Law certain terms are defined as follows:

A. Accessory Use of Building: A use or building located on the same lot with (or in) the main building which is incidental or subordinate to the principal use of building.

B. Building: Any roofed structure designed for housing or enclosing persons, animals or personal property.

C. Camp: Any land or buildings used primarily for recreational purposes by organizations or groups of people, whether or not conducted for profit, but does not include dwellings used on a seasonal basis for family purposes.

D. Dwelling Unit: One or more rooms providing complete living facilities for one family, including equipment for cooking or provisions for the same, and including rooms for living, sleeping and eating.

D.1 Dwelling, Apartments: A group of rooms intended for occupancy as separate living quarters. Separate living quarters are those in which the occupants live separately from any other individuals in the building and which have a direct access from the outside of the building through a common hall. Each unit in an apartment building is counted as one housing unit. Dwelling unit is not owned in simple fee.

D.2 Dwelling, Townhouse: A row of at least three one-family dwelling units whose sidewalls are separated from other dwelling units by a firewall or walls. Each unit in the row or townhouse may be owned by a separate owner and shall have its own access at grade level.

E. Dwelling. Single Family: A detached building designed and intended for occupancy by a single family whether for year-round or seasonal purposes.

F. Family: Any number of individuals living together as a single housekeeping unit.

G. Farm: A tract of land in separate ownership devoted primarily to agricultural use. Includes necessary personnel structures, buildings, vehicles and equipment but not residential or commercial structures other than those directly related to farm operation. Shall not include slaughterhouses or the commercial raising of swine or furbearing animals.

H. Lot: A tract of land under separate ownership, occupied or intended to be occupied by a principal building and the structures and areas accessory to it, defined by metes and bounds or shown on a duly recorded plan.

H.1 Lot, Rear: A tract of land zoned and used for residential purposes with reduced frontage requirements.

I. Home occupation: Any use customarily conducted for profit by the inhabitants within a dwelling, provided such use is clearly incidental and secondary to the use of the building for dwelling purposes and does not change the residential character thereof.

J. Scrap Yard: Land or structures used commercially for collecting, storing or selling wastepaper, rags, scrap metal or discarded materials or for collecting, dismantling, storing, salvaging or selling inoperative machinery or vehicles or parts thereof.

K. Nonconforming Use: Use of a building or land, existing at the time of the enactment or subsequent amendment of this By Law which does not conform to the regulations of the district in which it is situated.

L. Street: A public or private vehicular thoroughfare, which affords the principal means of access to abutting property and which, as defined, includes the entire right of way. If no right of way has been established, it shall be deemed to extend 25 feet on each side of the center of the traveled way and parallel thereto.

1. Limited Residential: A street, which generally serves only those residents living on that street and which can be considered to permanently serve the exclusive function of being a residential street.

2. Secondary Street: A street which serves or may eventually serve any of the following purposes: provide for internal traffic movement within an area of the town, such as a subdivision; provide for through traffic movements within a local area; connect such areas with the major Arterial System, or other subdivision, or industrial/commercial centers. A secondary street is intended to supply abutting property with the same degree of land service as a local street, while at the same time serving local traffic movement.

3. Primary Street: A street, which handles or is expected to handle a considerable volume of traffic and provides inter-town access between North Brookfield and adjoining communities.

M. Structure: A combination of materials at a fixed location to give support or shelter or for other purposes, and shall include buildings, framework, sheds, platforms, towers and the like.

N. Tourist or Guest House: A dwelling in which overnight accommodations are provided for paid transient guests.

O. Use: The purpose of which a building or land is arranged or intended or for which a building or a tract of land is or may be occupied.

P. Variance: An exception allowed by the Board of Appeals in the case of an individual property owner where strict enforcement of this By Law would create unusual hardship.

Q. Town Water: Water supplied by the Town of North Brookfield. A property or lot is considered to be served by Town Water when it abuts a public way for a distance of at least twenty feet (20) which is served by a minimum water main size of eight inches (8) in diameter.

Q.1. Town Sewer: Sewer installed or recognized as meeting the sub division control regulation standards of the Town of North Brookfield. A property or lot is considered to be served by Town Sewer when it abuts a public way for a distance of at least twenty feet (20) which is served by a minimum sewer main size of eight inches (8) in diameter.

R. Recorded or Of Record: Recorded or registered in the Worcester County Registry of Deeds or a record title to a parcel of land disclosed by any or all pertinent records.

S. Yard: Front, Side, Rear An occupied space open to the sky on the same lot with a building or structure. The drawing below illustrates the positions of the front, side, and rear Yards.

S.1. Frontage: The distance between the sidelines of a lot measured along a street line.

T. Dwelling, Multi family: A residential building designed for or occupied by two (2) or more families with the number of families in residence not exceeding the number of dwelling units provided.

T.1 Accessory Apartment: Accessory apartment is a separate housekeeping unit, complete with its own sleeping, cooking and sanitary facilities that are substantially contained within a structure of a single-family dwelling but functions as a separate unit. The owner(s) of the residence in which the accessory apartment is located shall occupy the principal dwelling unit. Either the occupants of both units shall be related by blood or marriage, or the accessory apartment shall be occupied by an individual hired to provide medical assistance, or custodial care to one or more individuals in the principal dwelling unit. All accessory apartments shall meet the standards for such units as set forth below (Section IV Use Regulations A. Residential District 1. Permitted uses d(5).

U. Trailer: A detached residential dwelling unit designed for transportation after fabrication on streets or highways on its own wheels and on its own frame and axle, and arriving at the site where it is to be occupied as a dwelling complete and ready for occupancy except for minor and incidental unpacking and assembly operations, location on jacks or other temporary or permanent foundations, connections to utilities, and the like.

V. Trailer Park: A parcel of land which has been planned and improved for the placement of trailers and mobile homes for nontransient use and is designed to accommodate three or more mobile homes. Subject to Chapter 140 of the General Statutes of Commonwealth.

W. Family Day Care Home: Any private residence which on a regular basis receives for temporary custody and care during part or all of the day, children under seven years of age or children under sixteen years of age if such children have special needs; provided, however, in either case, that the total number of children under sixteen years of age in a family day care home shall not exceed eight, including participating children living in the residence. Family day care home shall not mean a private residence used for an informal cooperative arrangement among neighbors or relatives, or the occasional care of children with or without compensation therefore.

X. Artisan: An artisan is a worker who practices a trade or handicraft and or one who creates or performs with skill or dexterity especially in manual arts: glass, jewelry, stone or gold.

Section III. ESTABLISHMENT OF DISTRICTS:

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A. Zoning Districts: The Town of North Brookfield is hereby divided into the following types of districts for the purpose of this By Law. (See Table 1 for detailed dimensional requirements for each district.)

B. Location of Districts: The location and boundaries of these districts shall be as shown on the Zoning Map of the Town of North Brookfield, dated May 7, 2004 which shall be on file in the Office of the Town Clerk. The zoning Map with the explanatory matter thereon, is hereby made a part of this By­ law.

C. Interpretation of District. Boundaries:

1. Where a right of way, street, railroad or water course is shown on the map as a district boundary, the center line thereof is the actual boundary

2. Where a district boundary is shown approximately parallel to a street it shall be deemed parallel to the exterior line of the right of way of the street and at such distance therefrom as indicated on the Zoning Map.

3. Where district boundary lines specifically follow private, public or institutional property lines, said boundaries shall be considered to be fixed as of the date said districts were established.

D. One Residential Building per Lot.

1. In all districts each building for residential use shall be located on a separate lot which complies with the regulations specified for the district where located.

Section IV. USE REGULATIONS:

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Except as hereinafter provided no building or structure shall be constructed, altered or maintained and no building, structure or land shall be used for any purpose or in any manner other than as indicted for the district in which the use is situated.

A. Residence Districts:

1. Permitted Uses

a. Single family dwelling.

b. Governmental, educational, religious or other nonprofit institutional use.

c. Farm, orchard, greenhouse, tree nursery, truck garden or woodlot operated for commercial purposes. May include retail sale of agricultural or horticultural products provided the major portion of those products has been raised on the premises. One or more signs with a combined maximum area of 30 sq. ft. may be displayed during the seasons when such products are for sale.

d. Accessory uses shall be permitted as follows, provided that they are customarily incidental to a permitted main use on the same premises and not detrimental to a residential neighborhood. Except as shown below there shall be no exterior indication of the accessory use and no exterior display of merchandise. No more than two(2) persons not residents on the premises are to be employed. One sign not over eight (8) sq. ft. in area may be displayed.

(1) Use of space in a dwelling for a customary home occupation, office or studio maintained by resident occupants.

(2) Use of property in connection with his trade by a resident carpenter, contractor, electrician, painter, plumber or other artisan provided that no manufacturing or assembly work requiring substantially continuous employment shall be carried on and provided that all storage of vehicles, materials or equipment shall be within the principal building or within suitable accessory buildings.

(3) Renting space to lodgers, boarders or tourists provided that no separate cooking facilities are maintained, and provided that no more than three (3) rooms are rented. Accommodations shall not be provided for more than six(6) persons in addition to the resident family.

(4) Private swimming pool, provided that any such swimming pool is set back a minimum of 30 feet from the street line, and a minimum of 10 feet from the side lines and rear line of the lot on which it is to be constructed or installed.

(5) Accessory Apartment

(a) In the case where the Accessory apartment will be occupied by an individual hired to provide medical or custodial care to one or more individuals residing in the principal dwelling unit, the rental price of the accessory apartment shall be at a price affordable to persons or families under which low income families earning not more than 50% of the median family income and moderate income families making less than 80% of the medial family income bases on household size as set forth in the guidelines of D.H.C.D. (Department of Housing and Community Development and the C.B.S.A. (Metro Worcester Core Based Statistical Area). The income affordability requirements shall run in perpetuity. Prior to the initial lease of the apartment, a use restriction complying with the terms set forth above shall be approved as to the form and content by the Board’s legal counsel. The use restriction shall insure that the unit remains affordable to low and moderate-income households in perpetuity and that the rent for the apartment will only increase in proportion to the growth in the area’s median household income as documented by the D.H.C.D.

(b) Only one (1) Accessory Apartment may be created within a single-family dwelling.

(c) An Accessory Apartment may only be created in a dwelling that would otherwise be classified as a single-family dwelling.

(d) The design of the Accessory apartment is such that the appearance remains that of a single-family residence. Any new additions required for the Accessory Apartment shall conform to the minimum yard and maximum height requirements for a single-family dwelling of the district where the building is located and be reviewed by the Planning Board prior to a building permit being issued.

(e) The Accessory Apartment shall be clearly secondary in nature to the principal dwelling, and it shall not be less than six hundred (600) square feet or more than nine hundred (900) square feet in area.

(f) At least three (3) off-street parking spaces must be provided for any single-family dwelling that has an Accessory Apartment.

(g) If the lot is not connected to public sewer, prior to obtaining a building permit, and another bedroom is added to the existing structure the Board of Health shall certify that the septic system is in compliance with Title 5 of the State Environmental code and the Board’s regulations. Certification shall be obtained prior to issuance of a building permit.

(h) The construction of an Accessory Apartment must be in conformity with all applicable state Building Code requirements.

(i) The Planning Board may require more or other appropriate conditions in order to protect the public health and safety, and the single-family character of the neighborhood. The Board may also allow deviation from the above conditions when necessary.

(j)Accessory Apartments existing prior to (approval of this zoning by-law) shall be Grand fathered, as long as they conform to all state building codes and to the above guidelines.

2. Uses which may be allowed, on special permit, by the Board of Appeals, or in the case of "o" below, by the Planning Board, after a public hearing and subject to appropriate regulations if determined to be neither offensive or detrimental to the neighborhood.

a. Cemetery, golf course, riding stable, boat livery, ski area, ski mobile area, airport or camp for children or adults.

b. Nursing home, sanitarium, orphanage or similar use.

c. Dog kennel or veterinary hospital (in R 66) District only.

d. Private school, kindergarten, trade or professional school.

e. Telephone exchange, natural gas or electric power facility, pumping station, railroad or bus station or other public utility use.

f. Commercial raising of swine or furbearing animals or commercial slaughterhouse.

g. Private club not conducted for profit.

h. Removal of gravel, loam, sand or rock for commercial purposes.

i. Conversion of a dwelling, existing at the time of the adoption of this by law, into a multi family dwelling provided that all sewage disposal, yard and parking requirements can be met.

j. Antique or gift shop for retail sale of products of home occupation provided items for sale are not displayed outdoors.

k. Undertaker.

l. Construction of a multi-family dwelling containing no more than four (4) dwelling units shall be permitted only in the Central Residence District provided the dwelling is served by public water and sewer. Lots for multi-family dwellings shall comply with the dimensional requirements as specified in Section V. Each dwelling unit shall have a minimum floor area of 600 square feet and not less than 180 square feet per occupant. No building of this type shall be allowed unless all water supply, sewage disposal, yard, and parking requirements can be met. Building permits for no more than two(2) multi family dwellings in any twenty four(24) month period may be granted to any one applicant, or to any agent or associate of such applicant, concerning the lots involved in such permits.

m. Office, minimum area of office should approximate 100 square feet Per person.

The Building Inspector shall issue building permits for construction of new dwelling units in single real estate modules (REM's) and in subdivisions approved after June 1, 1979, only under the following circumstances:

(a) Permit issuance will not result in more than ten (10) dwelling units having been authorized within a twenty four (24) month period for that and for contiguous sub divisions or REM's which were in the same ownership as of June 1, 1979.

(b) Permit issuance will not result in more than twenty (20) percent of the dwelling units potentially allowed by each sub­division or REM having been authorized within a twenty four (24) month period or in more than two (2) permits for each sub­division or REM authorized within a twenty four (24) month period, whichever is greater.

(c) Permit issuance will not result in more than forty (40) new dwelling units having been authorized on lots in a REM or in a sub division townwide within a twenty four (24) month period.

(d) Permit issuance is for a sub division or a REM lot exempted from these requirements. A lot becomes exempted from these requirements on the date so designated for the lot on a development schedule, if any, which has been approved by the Planning Board and recorded with the sub division plan or other plan which created the lot. Planning Board approval of a development schedule may be granted provided that (1) the schedule exempts not more than 20% of the potential dwelling units in the sub division plan, or other plan, within the first two (2) years following definitive plan endorsement or recording of the "sub division approval not required" plan, (2) in each year thereafter, the schedule adds to the exempted category not more than ten percent (10%) of the total number of potential dwelling units in the sub division plan or the "sub division approval not required" plan, (3) in the opinion of the Planning Board, the development sequence established by the schedule is not arbitrary or unreasonable, and (4) in the opinion of the Planning Board, the development schedule will not place an unreasonable burden on the Town.

A single real estate module is a parcel of land which has been divided into three or more lots since June 1, 1979, where under Chapter 183, Section 6A of the General Laws a plan is required to be recorded in the Registry of Deeds because new boundaries are being created.

Section V. Dimensional Requirements: (see Table 1)

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No land shall hereafter be used, occupied or changed and no building, or structure shall hereafter be erected, altered, moved or used unless it complies with the provision of the Zoning By Law set forth in the Table of Dimensional Requirements or is expressly excepted in this or other sections. A lot or parcel of land having an area of frontage of lesser amount than required in the Table shall be considered as coming within the requirements of this section provided it was shown on a plan or described in a deed duly recorded or registered at the time of the adoption of this By Law.

To allow for the reasonable use of land, rear lots may be created in residence R-11, residence R-30, residence R-66 zoning districts subject to the following criteria:

1. The entire lot shall be located in land zones R-11, R-30, and R-66. Any lot which is located in more than one residential district shall satisfy the lot area requirements of the more restrictive (i.e. larger lot size) district. Rear lots may only be used for single family dwellings and their customarily incidental accessory uses.

The frontage of the rear lot shall be on a state road or

an accepted town road.

All structures shall be set back from any lot line a

minimum of 100 feet.

Only one rear lot may be created from a larger parcel of

land; any remaining lots created from the parcel must comply with the larger frontage requirement of the district in which it is located.

Rear lots shall not be further subdivided. The Planning

Board shall require that notations be placed on plans and convenants be signed to prohibit further subdivision of the rear lot.

A parcel of land existing as of August 19, 1998 which complies with the dimensional requirements for a rear lot in the zoning district in which it is located may submit a plan to the Planning Board for endorsement provided the applicant complies with the other conditions of this section.

Section VI. General Regulations:

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A. Nonconforming Uses: The lawful use of any structure or land existing at the time of the enactment or subsequent amendment of the By Law may be continued although such structure or use of land does not conform with the provisions of this By Law.

1. A nonconforming use of land or of a structure shall not be increased nor shall any major exterior alterations be made except on permit from the Board of Appeals upon finding that the increase or alteration will be less detrimental than the existing non conforming use to the surrounding neighborhood.

2. A nonconforming use which has been discontinued for two (2) years shall not be re established and all future use shall conform with this By Law.

3. A nonconforming use which has been changed to a more restricted or conforming use shall not revert to its previous use .

B. Parking, Off Street, and Loading Requirements Off street parking and loading spaces as required by this By Law must be provided to serve all parking demands created by new construction. Whenever there is a change of use or enlargement of a structure which increases the parking and loading requirements for the use or structure, there shall be provided parking and loading spaces required for the entire use or structure.

1. Parking:

a. The parking spaces required in Table 2 shall be provided on the same premises as the activity it services, or when practical difficulties prevent location on site, within two hundred (200) feet on a separate parcel if the parcel is in the same possession either by deed, easement or long term lease assuring the use of the required parking spaces.

b. Each parking space shall measure not less than nine (9) feet in width by twenty (20) feet in length, exclusive of drives and maneuvering areas. All commercial and industrial access drives and parking areas shall be limited to asphalt or other hard surface material with spaces designated by painted stripes. The surface shall be graded and drained in such a manner that there will be no free flow of water onto adjacent properties or sidewalks. Parking plans shall be submitted to the Appeals Board and approved prior to construction to insure the proposed layout provides for safe and convenient use by motorists and pedestrians.

c. Whenever a parking area of four (4) or more spaces is located adjacent to a residence, there shall be provided along the lot line a continuous solid wall fence, or evergreen plantings to prevent direct light from headlights being cast on the adjacent properties.

d. The parking area shall be separated from the street right­

of way by a landscaped strip at least ten (10) feet in width and from other property lines by a landscaped strip at least five(5) feet in width.

e. Parking spaces shall be so arranged as not to permit backing of automobiles onto any street.

f. Entrance on to the street shall not exceed twenty four (24) feet and no more than two (2) entrances per lot.

2. Loading:

a. All loading and delivery facilities shall be located either at the side or rear of buildings they are intended to serve, but not closer than ten (10) feet from a public right of way and five (5) feet from any other lot line.

b. Each required space shall be at least twelve (12) feet in width, fifty (50) feet in length, and have a vertical clearance of at least fourteen feet (14).

c. One off street loading space is required for all non­residential uses with a floor area of at least 10,000 square feet but less than 30,000 square feet. For non residential uses which have a floor area greater than 30,000 square feet one additional space shall be provided for each additional 30,000 square feet, or fraction thereof.

Section VII. Administration:

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A. Enforcement: This By Law shall be enforced by the Building Inspector. No building or structure shall be erected, altered or moved and no major use of land or of a building or use of trailer for dwelling purposes shall be commenced or changed unless a permit has been issued by the Building Inspector. If the Building Inspector is requested in writing to enforce the Zoning By law and he declines to act he shall notify in writing the party requesting such enforcement of any action or refusal to act and the reason therefore within fourteen (14) days of the request.

B. Board of Appeals: There is hereby established a Board of Appeals of three members and two associate members to be appointed by the Selectmen, as provided in Chapter 40A of the General Laws, which shall act on all matter within its jurisdiction under the provisions of this By Law as prescribed in Chapter 40A. The Board of Appeals shall have the following powers:

1. Appeals: To hear and decide an appeal taken by any person aggrieved by reason of his inability to obtain a permit from any administrative official under the provision of Chapter 40A of the General Laws, by the Regional Planning Agency in whose area the own is situated, or by any person including an officer or board of the town, or of an abutting town aggrieved by an order or decision of the inspector of buildings, or other administrative official in violation of any provision of Chapter 40A, General Laws or of this By Law.

2. Special Permits: To grant a special permit for an exception as provided by Sections of this By Law when it shall have found that the use involved will not be detrimental to the established or future character of the neighborhood and town and subject to appropriate conditions or safeguards if deemed necessary. Before granting a special permit, the matter shall be referred to the Planning Board, which shall within ten (10) days, have an opportunity to report its recommendations in writing to the Board of Appeals. The Board of Appeals shall hold a public hearing within sixty five (65) days of submission of an application for a special permit with notice as specified in Chapter 40A, shall act upon such applications within ninety (90) days following such Public Hearing and shall issue to the applicant forthwith a copy of its decision. A Special Permit granted by the Board of Appeals shall lapse within two (2) years from the date of the granting thereof, if a substantial use thereof has not sooner commenced except for good cause, or in the case of a Special Permit for construction, if construction has not begun within such time except for good cause.

3. Variances: To authorize upon appeals or upon petition in cases where a particular use is sought for which no permit is required after Public Hearings with notice as specified in Chapter 40A with respect to a particular parcel of land or to an existing building thereon a variance from the terms of the applicable zoning by law where owing to circumstances relating to the soil conditions, shape, or topography of such land or structures and especially affecting such land or structures but not affecting generally the zoning district in which it is located, a literal enforcement of the provisions of the ordinance or By Law would involve substantial hardship, financial or otherwise to the appellant, and where desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of such ordinance or By Law but not otherwise. Before taking final action on a variance the matter shall be referred to the Planning Board which shall, within ten (10) days, have an opportunity to report its recommendations in writing to the Board of Appeals. The decision of the Board shall be made within seventy five (75) days after the date of the filing of an appeal, application or petition and a copy of such decision shall forthwith be issued to appellant, applicant or petitioner. Failure by the Board to act within said seventy five (75) days shall be deemed to be the grant of the relief, application or petition sought, subject to applicable judicial review as provided for in Chapter 40 A of the General Laws. If the rights authorized by a variance are not exercised within one (1) year of the date of grant of such variance they shall lapse, and may be re established only after notice of a new hearing pursuant to this section.