Ayer City Zoning Code
ARTICLE 5
Use Regulations
§ 320-5.1 Principal uses.
No land shall be used and no structure shall be erected or used except as set forth in the following Table of Use Regulations, including the notes to the Table, or as otherwise set forth herein, or as exempted under MGL c. 40A, § 3. Any building or use of premises not herein expressly permitted is hereby prohibited.
A.
Other laws. All uses permitted as of right or by special permit are subject to all applicable provisions of this bylaw, including but not limited to overlay districts, general regulations and special regulations, and the regulations of the Board of Health and any other Town departments.
B.
If classified under more than one use. Where an activity may be classified as more than one of the principal uses listed in the Table of Use Regulations, the more specific classification shall determine permissibility; if equally specific, the more restrictive shall govern.
C.
In all zoning districts, no use shall be permitted which would be offensive because of injurious or noxious noise, vibration, smoke, gas, fumes, odors, dust, debris, glare, radiation, or electrical interference, or other objectionable features, or be hazardous to the Town due to fire or explosions or the creation of traffic hazards, or any other cause.
§ 320-5.2 Table of Use Regulations.
A.
The Table of Use Regulations shall be as shown in Appendix A.[1]
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
B.
Symbols. Symbols employed in the Table of Use Regulations shall mean the following:
P - Permitted as of right |
N - Prohibited |
SPB - Special Permit/Planning Board |
SPZ - Special Permit/Board of Appeals |
SPS - Special Permit/Select Board |
§ 320-5.3 Accessory uses.
5.3.1
General.
A.
An accessory use shall be incidental and subordinate to the principal use on the lot.
B.
An accessory use shall be located on the same lot as the principal residential or nonresidential use to which it is accessory, and shall not alter the character of the premises on which it is located or impair the area proximate to its location.
5.3.2
Residential accessory uses. The following shall be deemed accessory residential uses under this bylaw:
A.
An accessory building, such as a garage for parking and storage of up to three vehicles, not more than one of which shall be a commercial vehicle; or a barn, shed, or greenhouse.
B.
An accessory structure, such as gazebos, tennis courts or above-ground or below-ground swimming pools.
C.
Accessory apartment, subject to the following requirements:
[Added 10-28-2019 ATM by Art. 5]
(1)
An accessory apartment is allowed only by special permit from the Zoning Board of Appeals;
(2)
There shall be not more than one accessory apartment on a lot;
(3)
The owners of the dwelling or property with the accessory apartment shall occupy one of the units as their principal residence, except for temporary absences of not more than six months. For the purposes of this bylaw, "owners" shall be one or more individuals holding title to the property, and "principal residence" shall mean the owner's residence for voting and tax purposes;
(4)
The gross floor area of the accessory apartment shall not exceed 25% of the gross floor area of the existing dwelling to a maximum of 750 square feet;
(5)
The accessory apartment shall be designed so as to preserve the appearance of the existing single-family dwelling on the lot;
(6)
There shall be provided at least one off-street parking space for the accessory apartment in addition to parking for the principal dwelling. Off-street parking shall be located in a garage or carport, or in the driveway. In order to be eligible for an accessory apartment, the principal dwelling must be able to provide the required number of off-street parking spaces as required in Section 9.1.2A of the Ayer Zoning Bylaw. In no event shall off-street parking for an accessory apartment be located within a required yard area;
(7)
The accessory apartment shall not be held in or transferred into separate ownership from the principal residence under a condominium form of ownership or otherwise;
(8)
Owners of accessory apartments approved under this section must file an affidavit with the Building Commissioner each year stating that the requirements of any special permit issued under this section, and any conditions of approval issued by the Zoning Board of Appeals, are still being met. Such affidavit is due within one month of the anniversary date of the decision of the Zoning Board of Appeals; and
(9)
Accessory apartments shall be discontinued and reincorporated into the principal residence if the property owner dies or transfers ownership of the principal dwelling, or when the accessory apartment ceases to be occupied; unless the Zoning Board of Appeals (ZBA) grants a new special permit for the changed circumstances.
(10)
Prior to submitting a special permit application with the ZBA, applicants must consult with the Building Commissioner to show that they have the ability to install an accessory apartment in conformance with this section. The letter of the Building Commissioner to the ZBA shall be considered part of the necessary application package for a special permit application.
D.
Home occupation, subject to the following requirements:
(1)
Not more than one nonresident shall be employed on the premises except by special permit from the Board of Appeals;
(2)
Not more than 25% of the existing gross floor area of the dwelling shall be devoted to the home occupation, including any stock-in-trade, commodities, or products associated with said use, except by special permit from the Board of Appeals;
(3)
Except for one sign as permitted in a residential district under § 320-9.5, there shall be no advertising visible from off the lot or display of goods or wares visible from the street;
(4)
No traffic shall be generated by the home occupation in greater volume than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of the home occupation shall be met off the street and other than in a required front yard;
(5)
There shall be no sale of goods on the premises unless authorized by special permit from the Board of Appeals; and
(6)
No equipment or process shall be used in the home occupation which creates noise, vibration, odor, fumes, gas, smoke, dust, or electrical disturbance detectable to the normal senses off the lot.
E.
Bed-and-breakfast, by special permit from the Board of Appeals.
F.
Rooming house for up to four boarders not members of the resident family.
G.
Family day-care home.
5.3.3
Nonresidential accessory uses.
A.
Any use permitted as a principal use also shall be permitted as an accessory use, provided such use is customarily incidental to the main or principal building or use of the land, as determined by the Building Commissioner.
B.
Any use authorized as a principal use by special permit may also be authorized as an accessory use by special permit, provided such use is customarily incidental to the main or principal building or use of the land.
C.
Nonresidential accessory uses also include:
(1)
Facilities for training employees of the principal use.
(2)
Accessory to an industrial use:
(a)
Restaurant or cafeteria, pharmacy, printing and copying, office supplies or personal services accessory to a permitted use, primarily for the use of employees, provided that all such uses combined shall not exceed 15% of gross floor area of principal building.
(b)
Retail outlet accessory to a light manufacturing use.
(c)
One dwelling unit per industrial establishment, on the same lot as and incidental to a permitted industrial use, occupied by the owner or an employee, such as a watchman's or caretaker's quarters.
D.
Outdoor display of retail goods shall be permitted for any retail use, subject to the following requirements:
(1)
There shall be no outside storage of materials or finished goods, but outdoor display of merchandise is permitted for any retail use during normal hours of operation within the front yard or within the side yard if the side yard abuts a public right-of-way, provided that:
(a)
Such use is clearly related to the retail use conducted inside the principal building;
(b)
All merchandise shall be located within the confines of the retailer's owned or leased property;
(c)
A minimum width of 42 inches shall be continuously maintained and unobstructed on the sidewalk or entrance into the principal building, or any other designated sidewalks or pedestrian paths, as shown on the approved site plan;
(d)
Outdoor display of merchandise is prohibited in designated or required landscaped areas, parking lots, or drive aisles.
(e)
Such use does not obstruct or otherwise interfere with visibility at intersections.
(2)
Outdoor display is not intended to be, and shall not be interpreted to include, outdoor storage of inventory or of items that are not part of the business operation. No merchandise shall remain outdoors when the business is closed.
E.
Mobile homes. No mobile home or travel trailer shall be permitted in any nonresidential district unless it is clearly accessory to the principal business use of the lot.