Ashland City Zoning Code
SECTION 3
0 USE REGULATIONS
3.1
PRINCIPAL USES. Except as provided by law or in this By-law in each district, no building or structure shall be constructed, used or occupied, nor shall land be used or occupied, except for the purposes permitted as set forth in the accompanying Table of Use Regulations.
[Amended 11-16-2009 STM, Art. 14; 5-5-2010 ATM, Art. 23; 5-5-2010 ATM, Art. 24; 5-5-2010 ATM, Art. 25; 11-29-2010 STM, Art. 15; 11-19-2013 STM, Art. 16; 11-19-2013 STM, Art. 17; 11-19-2013 STM, Art. 18; 5-7-2014 ATM, Art. 25; 5-6-2015 ATM, Art. 19; 5-6-2015 ATM, Art. 20; 5-2-2018 ATM, Art. 20]
3.1.1
By Right. A use listed in the Table of Use Regulations is permitted as of right in any district under which it is denoted by the letter "Y" subject to such restrictions as may be specified elsewhere in this Bylaw.
3.1.2
Special Permit: Board of Appeals. A use designated in the Table by the letters "BA" may be permitted as a special permit only if the Board of Appeals so determines and grants a special permit therefor as provided in Section 9.4 of this Bylaw subject to such restrictions as are set forth elsewhere in this Bylaw, and such restrictions as said Board may establish.
3.1.3
Special Permit: Planning Board. A use designated in the Table by the letters "PB" may be permitted as a special permit only if the Planning Board so determines and grants a special permit therefor as provided in Section 9.4 of this Bylaw subject to such restrictions as are set forth elsewhere in this Bylaw, and such restrictions as said Board may establish
3.1.4
Special Permit: Select Board. A use designated in the Table by the letters "SB" may be permitted as a special permit only if the Select Board so determines and grants a special permit therefor as provided in Section 9.4 of this Bylaw subject to such restrictions as are set forth elsewhere in this Bylaw, and such restrictions as said Board may establish.
[Amended 11-20-2019 STM, Art. 14; 11-20-2019 STM, Art. 15]
TABLE OF PRINCIPAL USE REGULATIONS | |||||||||
|---|---|---|---|---|---|---|---|---|---|
PRINCIPAL USES | |||||||||
A. RESIDENTIAL USES | RA | RB | RM | CH | CD | CV | CN | I | |
Single-family dwelling | Y | Y | Y | Y | Y | Y | Y | N | |
Mobile home or trailer | N | N | N | N | N | N | N | N | |
Two-family dwelling | N | Y | Y | BA | Y | BA | Y | N | |
Conversion of single-family to two-family dwelling | N | Y | Y | BA | Y | BA | Y | N | |
Conversion of single or two family to dwelling with not more than four units | N | N | N | N | N | N | BA | N | |
Multifamily dwelling | N | N | BA | N | N | N | N | N | |
Lodging or boarding house | N | N | N | Y | Y | Y | BA | N | |
Assisted living facility | Y | Y | N | Y | Y | N | BA | N | See Section 7.4 |
Cluster development | PB | PB | PB | N | N | N | N | N | |
Planned multifamily development | N | N | N | BA | BA | BA | N | N | |
Senior residential community | PB | PB | N | PB | PB | N | N | N | See Section 7.2.5 |
Nursing or convalescent home | N | N | N | Y | Y | Y | BA | N | |
Mixed residential units and commercial uses in the same building | N | N | N | PB* | N | N | N | N | |
*Number of dwelling units permitted shall not exceed a maximum of five (5) units per acre. | |||||||||
TABLE OF PRINCIPAL USE REGULATIONS | |||||||||
|---|---|---|---|---|---|---|---|---|---|
PRINCIPAL USES | |||||||||
B. EXEMPT AND INSTITUTIONAL USES | RA | RB | RM | CH | CD | CV | CN | I | |
Use of land or structures for religious purposes | Y | Y | Y | Y | Y | Y | Y | Y | |
Use of land or structures for educational purposes on land owned or leased by the commonwealth or any of its agencies, subdivisions or bodies politic or by a religious sect or denomination, or by a nonprofit educational corporation | Y | Y | Y | Y | Y | Y | Y | Y | |
Child care facility | Y | Y | Y | Y | Y | Y | Y | Y | |
Municipal buildings and facilities, including vehicle storage, fire and police station | BA | BA | BA | Y | Y | Y | Y | Y | |
Municipal sanitary waste disposal facility | N | N | N | N | N | N | N | BA | |
Essential services | BA | BA | BA | BA | BA | BA | BA | BA | |
Hospital | N | N | N | N | N | N | BA | N | |
Philanthropic institution with less than 10,000 square feet gross floor area | Y | Y | Y | Y | Y | Y | N | Y | |
Philanthropic institution with more than 10,000 square feet gross floor area | BA | BA | BA | Y | Y | Y | N | Y | |
TABLE OF PRINCIPAL USE REGULATIONS | |||||||||
|---|---|---|---|---|---|---|---|---|---|
PRINCIPAL USES | |||||||||
C. AGRICULTURAL USES | RA | RB | RM | CH | CD | CV | CN | I | |
Use of land for the primary purpose of agriculture, horticulture, floriculture, or viticulture on a parcel of more than five acres in area | Y | Y | Y | Y | Y | Y | Y | Y | |
Facilities for the sale of produce, and wine and dairy products, provided that during the months of June, July, August, and September of every year, or during the harvest season of the primary crop, the majority of such products for sale, based on either gross sales dollars or volume, have been produced by the owner of the land containing more than five acres in area on which the facility is located | Y | Y | Y | Y | Y | Y | Y | Y | |
Nonexempt agricultural use | Y | Y | Y | Y | Y | Y | N | Y | Section 3.2 |
Nonexempt farm stand | Y | Y | Y | Y | Y | Y | N | N | |
Greenhouse or nursery | N | N | N | Y | Y | Y | N | Y | |
TABLE OF PRINCIPAL USE REGULATIONS | |||||||||
|---|---|---|---|---|---|---|---|---|---|
PRINCIPAL USES | |||||||||
D. COMMERCIAL USES | RA | RB | RM | CH | CD | CV | CN | I | |
Nonexempt educational use | BA | BA | BA | BA | BA | BA | N | BA | |
Animal clinic or hospital; kennel | BA | BA | BA | Y | Y | Y | BA | Y | Section 3.2 |
Private nonprofit club or lodge | N | N | N | N | N | N | BA | N | |
Funeral home | N | N | N | N | N | N | BA | N | |
Motel or hotel | N | N | N | Y | Y | Y | N | N | |
Bed and breakfast | N | N | N | Y | Y | Y | BA | N | |
Retail establishment not more specifically defined | N | N | N | Y | Y | Y | BA* | Y | |
Convenience store | N | N | N | Y | Y | Y | N | N | |
Open air vending | N | N | N | Y | Y | Y | N | N | |
General service establishment | N | N | N | Y | N | BA | BA | Y | |
Personal service establishment | N | N | N | Y | N | Y | BA | Y | |
Restaurant | N | N | N | Y | Y | Y | N | Y | |
Restaurant, fast-food | N | N | N | BA** | BA** | BA** | N | BA | |
Business or professional office | N | N | N | Y | Y | Y | Y* | Y | |
Medical or dental office or clinic | N | N | N | Y | Y | Y | BA | N | |
Medical marijuana dispensary | N | N | N | PB | N | N | N | PB | |
Bank; financial agency | N | N | N | Y | Y | Y | BA | N | |
Catering service | N | N | N | Y | Y | Y | N | N | |
Indoor commercial recreation | N | N | N | Y | Y | Y | N | Y | |
Outdoor commercial recreation | N | N | N | BA | BA | BA | N | Y | |
Golf course | BA | BA | BA | N | N | N | N | N | |
Campground, nonprofit or supervised camping | N | N | N | N | N | N | N | N | |
Boat rental | BA | BA | BA | N | N | N | N | N | |
Adult entertainment use | N | N | N | BA | BA | BA | BA | BA | See Section 6.1 |
Wireless communication facility | PB | PB | PB | PB | PB | PB | PB | PB | See Section 6.4 |
Tattoo parlor/body piercing studio | N | N | N | BA | N | BA | BA | BA | |
Copy shop | N | N | N | Y | Y | Y | BA | Y | |
Print shop | N | N | N | N | N | N | N | Y | |
* UNDER 2,000 SQ. FT. GROSS FLOOR AREA | |||||||||
** NO ACCESS VIA POND STREET | |||||||||
TABLE OF PRINCIPAL USE REGULATIONS | |||||||||
|---|---|---|---|---|---|---|---|---|---|
PRINCIPAL USES | |||||||||
E. MOTOR VEHICLE USES | RA | RB | RM | CH | CD | CV | CN | I | |
Motor vehicle, trailer and boat sales, service and rental | N | N | N | BA | BA | BA | N | Y | |
Motor vehicle general and body repair | N | N | N | BA | BA | BA | N | Y | |
Motor vehicle light service | N | N | N | BA | BA | BA | N | BA | |
TABLE OF PRINCIPAL USE REGULATIONS | |||||||||
|---|---|---|---|---|---|---|---|---|---|
PRINCIPAL USES | |||||||||
F. INDUSTRIAL USES | RA | RB | RM | CH | CD | CV | CN | I | |
Earth removal | N | N | N | N | N | N | N | Y | |
Light manufacturing | N | N | N | N | N | N | N | Y | |
Wholesale, warehouse, or distribution facility | N | N | N | N | N | N | N | Y | |
Mini-storage warehouse facility | N | N | N | N | N | N | N | Y | |
Manufacturing | N | N | N | N | N | N | N | Y | |
Construction yard or landscaping business | N | N | N | N | N | N | N | Y | |
Junkyard or automobile salvage or graveyard | N | N | N | N | N | N | N | N | |
Land transportation terminal | N | N | N | N | N | N | N | BA | |
Assembly or packaging | N | N | N | N | N | N | N | Y | |
Research, laboratories, and development facilities | N | N | N | N | N | N | N | Y | |
Publishing and printing | N | N | N | N | N | Y | N | BA | |
Computer software development | N | N | N | Y | Y | Y | Y | Y | |
Computer hardware development | N | N | N | Y | Y | Y | Y | Y | |
Food and beverage manufacturing, bottling or processing facility | N | N | N | N | N | N | N | Y | |
Alternative energy and renewable energy manufacturing facilities | N | N | N | N | N | N | N | Y | |
Alternative energy and renewable energy research and development facilities | N | N | N | PB | N | N | N | Y | |
TABLE OF PRINCIPAL USE REGULATIONS | |||||||||
PRINCIPAL USES | |||||||||
G. ACCESSORY USES | RA | RB | RM | CH | CD | CV | CN | I | |
Accessory scientific uses | Y | Y | Y | Y | Y | Y | N | Y | |
Rooming and boarding not more than 2 persons | Y | Y | Y | Y | Y | Y | Y | N | |
Home occupation | Y | Y | Y | Y | Y | Y | Y | N | |
Adult day care | Y | Y | Y | Y | Y | Y | Y | N | |
Child day care, small | Y | Y | Y | N | N | N | N | N | |
Child day care, large | BA | BA | BA | N | N | N | N | N | |
Accessory family dwelling unit | BA | BA | BA | BA | BA | BA | Y | N | |
Drive-through | N | N | N | BA | BA | BA | N | BA | |
TABLE OF PRINCIPAL USE REGULATIONS | |||||||||
PRINCIPAL USES | |||||||||
H. OTHER USES | RA | RB | RM | CH | CD | CV | CN | I | |
Drive-through only facility | N | N | N | BA | BA | BA | N | BA | |
Commercial parking facility | N | N | N | BA | BA | BA | BA | BA | |
3.1.5(A).
Purpose. By vote at the State election on November 8, 2016, the voters of the Commonwealth approved a law entitled the Regulation and Taxation of Marijuana Act (the "Act"), regulating the control and production and distribution of marijuana under a system of licenses, regulations. Currently under the Zoning Bylaw, a Marijuana Retailer or Establishment is not a permitted use in the Town and any regulations promulgated by the Cannabis Control Commission are expected to provide guidance to the Town in regulating marijuana sales and distribution. The regulation of marijuana raises novel and complex legal, planning, and public safety issues and the Town needs time to study and consider the regulation of Marijuana Retail or Distribution centers and address such novel and complex issues, as well as to address the potential impact of the State regulations on local zoning and to undertake a planning process to consider amending the Zoning Bylaw regarding regulation of Marijuana Retail sales and distribution and other uses related to the regulation of marijuana. The Town intends to adopt a temporary moratorium on the use of land and structures in the Town for Marijuana Retail and Distribution so as to allow the Town sufficient time to engage in a planning process to address the effects of such structures and uses in the Town and to enact bylaws in a manner consistent with sound land use planning goals and objectives.
[Added 11-28-2016 STM, Art. 11]
3.1.5(B).
Definitions. "Marijuana", "Marijuana Establishment", "Marijuana Product", "Marijuana Retailer" shall have the meaning as set forth in the Act.
[Added 11-28-2016 STM, Art. 11]
3.1.6(A).
(Reserved)
3.1.6(B).
(Reserved)
3.1.6(C).
Temporary Moratorium. For the reasons set forth above and notwithstanding any other provision of the Zoning Bylaw to the contrary, the Town hereby adopts a temporary moratorium on the use of land or structures for "Marijuana", "Marijuana Establishment", "Marijuana Product", and "Marijuana Retailer". The moratorium shall be in effect through December 31, 2018. During the moratorium period, the Town shall undertake a planning process to address the potential impacts of marijuana in the Town, consider the Cannabis Control Commission regulations regarding "Marijuana", "Marijuana Establishment", "Marijuana Product", and "Marijuana Retailer" and related uses, and shall consider adopting new Zoning Bylaws to address the impact and operation of Marijuana Establishments and Marijuana Retailers and related uses.
[Added 11-28-2016 STM, Art. 11; amended 5-3-2017 ATM, Art. 21; 11-14-2017 ATM, Art. 17]
3.2
ACCESSORY USES AND STRUCTURES. Except as provided by law or in this By-law in each district, no accessory use, building or structure shall be constructed, used or occupied, nor shall land be used or occupied, except for the purposes permitted as set forth in the accompanying Table of Use Regulations.
3.2.1
Home Occupations. Home occupations are permitted if no more than twenty-five percent (25%) of the floor area of the residence is used for the occupation, not more than one (1) person not a member of the household is employed on the premises in the occupation, there is no exterior display or storage or other variation from the residential character of the premises, traffic generated does not exceed that normally expected in a residential neighborhood and all parking required to service the occupation is provided off-street, other than within a required front yard.
3.2.2
Mobile Homes and Campers. A mobile home or camper may be temporarily occupied by nonpaying guests of the owner of the premises for a period not to exceed two (2) weeks in any calendar year; or as a temporary office incidental to the construction or development of the premises on which it is located, upon prior approval of the Building Inspector, who may seek advisory from the Planning Board or its designated agent, for a period of one (1) year, renewable annually.
(A).
Storage of campers belonging to residents on the premises shall be considered a customary accessory use on residentially used premises.
(B).
An owner, or occupier with permission of the owner, of a residence which has been destroyed or otherwise, made unlivable by fire or natural holocaust may temporarily place a mobile home on the site of such residence and reside in such temporary quarters for a period not to exceed twelve (12) months. Such temporary quarters may be placed within required front or rear yards only and shall be subject to the provisions of the State Sanitary Code.
3.2.3
Keeping of Animals. No more than one (1) farm animal or no more than ten (10) rabbits or poultry shall be kept on less than one (1) acre and no more than two (2) farm animals or one hundred (100) rabbits or poultry shall be kept on less than two (2) acres. Numbers of farm animals or poultry on two (2) acres or larger shall be limited only by Board of Health requirements and by the performance standards of Section 5.8.
3.2.4
Scientific Uses. The Board of Appeals may grant a special permit for a use accessory to a scientific research, scientific development or related production activity, whether or not on the same parcel as such activity. A special permit shall be granted where the Board of Appeals finds that the proposed accessory use does not substantially derogate from the public good.
3.3
NONCONFORMING USES AND STRUCTURES.
3.3.1
Applicability. This zoning by-law shall not apply to structures or uses lawfully in existence or lawfully begun, or to a building or special permit issued before the first publication of notice of the public hearing required by G.L. c. 40A, s. 5 at which this zoning by-law, or any relevant part thereof, was adopted. Such prior, lawfully existing nonconforming uses and structures may continue, provided that no modification of the use or structure is accomplished, unless authorized hereunder.
3.3.2
Nonconforming Uses. The Board of Appeals may award a special permit to change a nonconforming use in accordance with this section only if it determines that such change or extension shall not be substantially more detrimental than the existing nonconforming use to the neighborhood. The following types of changes to nonconforming uses may be considered by the Board of Appeals:
3.3.3
Nonconforming Structures. The Board of Appeals may award a special permit to reconstruct, extend, alter, or change a nonconforming structure in accordance with this section only if it determines that such reconstruction, extension, alteration, or change shall not be substantially more detrimental than the existing nonconforming structure to the neighborhood. The following types of changes to nonconforming structures may be considered by the Board of Appeals:
3.3.4
Variance Required. Except as provided in subsection 3.3.5, below, the reconstruction, extension or structural change of a nonconforming structure in such a manner as to increase an existing nonconformity, or create a new nonconformity shall require a variance; provided, however, that the extension of an exterior wall at or along the same nonconforming distance within a required yard, shall require the issuance of a special permit from the Board of Appeals.
3.3.5
Nonconforming Single and Two Family Residential Structures. Nonconforming single and two family residential structures may be reconstructed, extended, altered, or structurally changed upon a determination by the Building Inspector that such proposed reconstruction, extension, alteration, or change does not increase the nonconforming nature of said structure. The following circumstances shall not be deemed to increase the nonconforming nature of said structure:
(A).
alteration to a structure located on a lot with insufficient area which complies with all current setback, yard, building coverage, and building height requirements,
(B).
alteration to a structure located on a lot with insufficient frontage which complies with all current setback, yard, building coverage, and building height requirements.
(C).
alteration to a structure which encroaches upon one or more required yard or setback areas, where the alteration will comply with all current setback, yard, building coverage and building height requirements.
In the event that the Building Inspector determines that the nonconforming nature of such structure would be increased by the proposed reconstruction, extension, alteration, or change, the Board of Appeals may, by special permit, allow such reconstruction, extension, alteration, or change where it determines that the proposed modification will not be substantially more detrimental than the existing nonconforming structure to the neighborhood. |
3.3.6
Abandonment or Non-Use. A nonconforming use or structure which has been abandoned, or not used for a period of two years, shall lose its protected status and be subject to all of the provisions of this zoning by-law; provided, however, that by the grant of a special permit, the Board of Appeals may reestablish such nonconforming structure or use where such reestablishment shall not be substantially detrimental to the neighborhood or the Town.
3.3.7
Reconstruction after Catastrophe or Demolition. Any nonconforming structure may be reconstructed after a catastrophe or after demolition in accordance with the following provisions:
(A).
Reconstruction of said premises shall commence within two years after such catastrophe or demolition.
(B).
Building(s) as reconstructed shall be located on the same footprint as the original nonconforming structure, shall be only as great in volume or area as the original nonconforming structure.
(C).
In the event that the proposed reconstruction would (a) cause the structure to exceed the volume or area of the original nonconforming structure or (b) exceed applicable requirements for yards, setback, and/or height or (c) cause the structure to be located other than on the original footprint, a special permit shall be required from the Board of Appeals prior to such demolition.
3.3.8
Reversion to Nonconformity. No nonconforming use shall, if changed to a conforming use, revert to a nonconforming use.