Tables 1, 2 and 3 contain regulations and controls intended to regulate development in the various zones. These regulations are supplemented by other sections of this chapter.

Except as hereinafter otherwise provided:

1.

No building shall be erected and no existing building shall be moved, altered, added to or enlarged, nor shall any land or building be designed, used or intended to be used for any purpose or in any manner other than as specified among the uses hereinafter listed as permitted in the district in which such building or land is located.

2.

a.

For R-3, R-4, commercial, and industrial zones only, no building shall be erected, reconstructed or structurally altered to exceed in height the limit hereinafter designated for the district in which such building is located except by special permit.

b.

For I-1, no accessory structure shall be erected, reconstructed or structurally altered to exceed in height the limit hereinafter designated for the district in which such building is located except by special permit.

3.

No building shall be erected, no existing building be altered, enlarged or rebuilt, nor shall any open space surrounding any building be encroached upon or reduced in any manner, except in conformity to the yard, lot area and building location regulations hereinafter designated for the district in which such building or open space is located.

4.

No yard or other open space provided about any building for the purpose of complying with the provisions of this chapter shall be considered as providing a yard or open space for any other building, and no yard or other open space on one lot shall be considered as providing a yard or open space for a building on any other lot.

5.

Construction or operations under a building or special permit shall conform to any subsequent amendment of the ordinance unless the use or construction is commenced within a period of not less than six (6) months after the issuance of the permit and in cases involving construction, unless such construction is continued through to completion as continuously and expeditiously as is reasonable.

(Code 1965, § 27-8; Ord. No. D69, 7-24-78; Ord. of 9-11-2023(5))

TABLE 1. STANDARDS FOR RESIDENTIAL ZONES

*Building height modifications: In the R-2 and R-3 Districts, buildings may be erected to a height of 6 stories or 80 feet, provided the yard requirements in each district are met and, in addition to these requirements, the rear and side yards shall be increased by one foot for each 5 feet of building height above 45 feet.

(Code 1965, § 27-9; Ord. No. D128, 8-27-81; Ord. No. E007, § III, 9-26-00; Ord. of 9-11-2023(5))

TABLE 2. STANDARDS FOR COMMERCIAL ZONES

¹ Provided, however, that the 20-foot side and rear yard requirements when abutting a residential zone shall not apply to any retail use containing at least 50,000 square feet of retail floor area and a minimum lot size of 5 acres if the applicable yard is separated from such residential zone by any part of the street.

² In the case of rehabilitation of commercial and/or industrial buildings to residential use and new residential construction, there shall be one (1) perking space provided for the first bedroom and .5 parking space for each additional bedroom per unit.

(Ord. No. 1965, § 27-10; Ord. No. D129, 8-27-81; Ord. No. D371, 7-28-95; Ord. No. F010, § II, 11-27-01; Ord. No. F011, § II, 12-31-01; Ord. No. G037, § I, 3-12-07; Ord. of 9-11-2023(5))

TABLE 3

STANDARDS FOR INDUSTRIAL ZONES

Off-Street parking and loading. See off-street parking and loading regulations, Article 9.

Signs (Maximum). In all districts—As per Article XIV, section 27-67(2), (3) and (4).

(Code 1965, § 27-11; Ord. No. D130, 8-27-81; Ord. No. G071, § IV, 6-28-10; Ord. of 9-11-2023(5))

A single-family structure may be constructed on any existing lot of record in any residential zone if such lot has less than the minimum area or frontage, or both, required for building lots in the residential zone in which it is located; provided the following conditions exist or are met.

1.

No structure shall be erected on any nonconforming lot if adjacent to the lot in question there exists vacant land, in the same record ownership at the time of enactment of this chapter, which would create a conforming lot if such vacant land were combined with the lot deficient in area, or frontage, or both.

2.

No structure shall be erected on a lot containing less than the required area of frontage, or both, unless the owner can demonstrate that such structure will have a minimum side yard of six (6) feet on interior lots and ten (10) feet on the side yard adjacent to any street.

3.

No structure shall be built on any lot of less than the required area or frontage, or both, unless the minimum front and rear yards for lots in the residential zone where such lot is located are maintained.

4.

All lots, regardless of size, shall have provision for off-street parking for at least one (1) vehicle.

5.

All lots shall have a minimum frontage of fifty (50) feet and a minimum area of five thousand (5,000) square feet.

(Code 1965, § 27-12; Ord. No. D255, 7-29-88)

The frontage of any lot shall be the horizontal distance between the side lot lines measured between the points where said side lot lines intersect the street right-of-way. Said frontage shall be continuous and unbroken and shall be measured along the constructed portion of the way only. On all corner lots, the frontage set forth above shall be measured on one (1) street only, and when the two (2) streets are connected by a radiused corner, said frontage may include one-half (½) the length of arc connecting the two (2) streets. In the event that a lot is situated on a cul-de-sac, the frontage, as set forth above, shall be measured along the minimum setback line for the zone in which said lot is located.

(Code 1965, § 27-13; Ord. No. E016, § 2, 1-26-01)

The minimum width of any lot shall be one hundred twenty-five (125) feet, and said width shall be maintained for a distance of one hundred (100) feet back from the lot front.

(Ord. No. E016, § 3, 1-26-01)

Where a single lot under individual ownership extends from a street to a street, such lot shall not be further subdivided except in conformity with minimum lot sizes as provided in Table 1.

(Code 1965, § 27-14)

The area or dimension of any zone lot, yard, parking area or other space shall not be reduced to less than the minimum required by this chapter; and, if already less than the minimum required by this chapter, such area or dimension may be continued and shall not be further reduced.

(Code 1965, § 27-15)

Height limitations stipulated elsewhere in this chapter shall not apply to open amusement uses, church spires, belfries, gas holders, cupolas and domes, monuments, water towers, chimneys, smokestacks, flag poles, bulkheads, elevator enclosures, fire towers, monitors, penthouses, skylights or water tanks occupying in the aggregate less than ten (10) percent of the area of the roof on which they are located; or to parapet walls, except that no parapet wall may extend more than five (5) feet above the limiting height of the building.

(Code 1965, § 27-16; Ord. No. D273, 9-28-89; Ord. No. D374, 9-28-95)

1.

Where the side wall of a building is not parallel with the side lot line or is broken or otherwise irregular, the side yard may be varied. In such case the average width of the side yard shall not be less than the otherwise required minimum width; provided, however, that such side yard shall not be narrower at any point than one-half the otherwise required minimum width.

2.

The side street setback line of any corner lot platted on the assessor's tax map as the lot existed at the time of adoption of this chapter or any corner lot shown on any subdivision plat which received final approval prior to the adoption of this chapter shall not be less than one-half of the depth of the minimum front yard required on any adjoining lot fronting on a side street. Any corner lot delineated by subdivision after the adoption of this chapter shall provide a side street setback line which shall not be less than the minimum front yard required on any adjoining lot fronting on the side street.

3.

When a vacant lot in a residential zone is situated between two (2) improved lots, each having a principal building within twenty-five (25) feet of any side lot line of such unimproved lot, the front yard may be reduced to the greatest depth of the front yard of the two (2) adjoining improved lots, but shall be not less than ten (10) feet. However, that where any lot shall front on a right-of-way which is proposed, on the official map of the city, to be widened, the front yard of such lot shall be as required in the district where such lot is located and shall be measured from such proposed future right-of-way.

4.

Certain architectural features may project into required yards as follows:

a.

Cornices, canopies, eaves or other similar architectural features may project into side yards a distance not exceeding two (2) inches per one foot of side yard width but may not exceed a total of three (3) feet.

b.

Fire escapes may project into side and rear yards a distance not exceeding four (4) feet six (6) inches.

c.

Bay windows, balconies, fireplaces, uncovered stairways and necessary landings, and chimneys may project a distance not exceeding three (3) feet, provided that such features do not occupy, in the aggregate, more than one-third of the length of the building wall on which they are located.

d.

Patios may be located in side and rear yards provided that they are not closer than three (3) feet to any property line.

5.

Notwithstanding the provisions in Tables 1, 2, and 3, the yard requirements for a "child care facility" as defined in M.G.L. chapter 40A, section 3, and M.G.L. chapter 28A, section 9 and with more than ten (10) children shall be as follows:

Front yard: Fifty (50) feet.

Side yard: Fifty (50) feet.

Rear yard: One hundred (100) feet.

(Code 1965, § 27-17; Ord. No. D433, § 1, 1-5-99)

Land coverage by principal and accessory buildings or structures on each zone lot shall not be greater than is permitted in the district where such principal and accessory buildings are located.

Every lot shall contain a certain percentage of space reserved for green areas. Such areas shall not be paved or hardtop surfaced and shall be used for landscaping and storm drainage purposes.

Green Space Requirement Per Zoning Classification

* Provided, however, that a 5% green space requirement shall apply to any retail use containing at least 50,000 square feet of retail floor area and a minimum lot size of 5 acres.

Appliability of Green Space Requirement

The provisions of this section shall apply to every lot with respect to which a building permit or certificate of occupancy for any new structure is hereafter required. Additions, enlargement and rehabilitation of existing structures are excluded.

(Code 1965, § 27-18; Ord. No. D257, 10-14-88; Ord. No. F011, § III, 12-31-01)

There shall be not more than one (1) principal dwelling structure, one (1) accessory dwelling unit whether as an attached ADU or Detached ADU, and two (2) accessory structures (which shall not include ADUs), including a private garage, on each lot in a R-1A, R-1B, and R1C Zone except as provided in section 27-3(b).

(Code 1965, § 27-19; Ord. No. 01-30-2025(1), 1-30-25)

1.

Accessory structures which are not attached to a principal structure may be erected in accordance with the following restrictions:

a.

No accessory structure is located closer than five (5) feet to the side and rear lot lines.

b.

No accessory structure is located closer to the street than the required front yard setback of the principal structure.

c.

No accessory structure is located closer to a principal structure than ten (10) feet.

d.

On corner lots, accessory structures shall not be located on the side street side between the side street and the required front yard setback line of structures fronting on the side street.

2.

When an accessory structure is attached to the principal building, it shall comply in all respects with the requirements of this chapter applicable to the principal buildings.

3.

Accessory structures shall comply with front and side yard requirements for the principal structure to which they are accessory.

4.

On a corner lot no fence, wall or structure more than three and one-half (3½) feet high above the plane of the established grades of the streets shall be erected on a front or side yard herein established which is included within the street lines of the intersecting streets and a straight line connecting said street lines at points which are twenty (20) feet distant from their point of intersection, measured along said street line, and no trees, hedges or obstructions of any kind which will materially obstruct the view of a driver of a vehicle approaching the main street intersection shall be placed or maintained within such area.

5.

Fences shall not exceed six (6) feet on the rear and sides of the lot and shall not exceed four (4) feet on the front of the lot. Corner Lots shall be subject to the conditions stated in subsection 4. above. Any side yard fences that extend from the front property line are limited to four (4) feet in height for the first ten (10) feet of the fence, beginning at the front property line. After this ten (10) foot distance, the fence may return to the maximum height as noted above.

(Code 1965, § 27-20; Ord. of 9-11-2023(1))

In any residential zone, nonresidential uses which are permitted such as hospitals, clubs, etc., and apartment buildings with over fifty (50) units, may conduct customary and appropriate retail activities such as gift shops, soda fountains, delicatessens, etc., provided such uses are conducted within the principal structure, no external evidence of retail activity is discernible from the outside of the structure, and that access to the retail activity may be had only from within the principal structure.

(Code 1965, § 27-21)

Temporary structures or signs erected in connection with a development, on the same premises, by a builder, contractor or such other persons interested in such development, may be erected and maintained in any zone provided:

a.

That no such structure or sign creates a hazard to public safety;

b.

The provisions of section 27-64(4)(b) and (c) shall apply to all such signs erected.

c.

Any such structure shall be removed by the developer within thirty (30) days of the final sale of property.

(Code 1965, § 27-22; Ord. No. D131, 8-27-81)

This chapter shall not restrict the use of land for any church or other religious purpose or for any educational purpose which is religious, sectarian, denominational or public except as specifically detailed herein:

a.

Educational facilities with long term or temporary living accommodations, including, but not limited to sleeping quarters for two (2) or more individuals, shall meet the following standards:

1)

A minimum of fifty (50) square feet of useable open space for recreation purposes for each individual living in the facility (open areas designated for vehicle use may not be considered in open space computations);

2)

A minimum of one off-street parking space for every two (2) individuals living in the facility;

3)

The standards for building height, lot area, lot frontage, yards and lot coverage for a single-family home in an R-2 zone shall apply.

(Code 1965, § 27-23; Ord. No. D70, 7-24-78)

1.

Intent. It is the intent of this section to require the provision of an effective barrier between nonresidential uses and residential uses and zones; nonresidential uses and parks or playgrounds; apartment buildings containing four (4) or more residential units and one-, two- or three-family detached homes.

2.

Any industrial use which directly abuts a residential use and/or zone must be screened from the residential use and/or zone by a planting screen not less than ten (10) feet in width, consisting of not less than (2) rows of alternating evergreen and deciduous trees, planted not greater than five (5) feet apart. Said trees shall have an original planting height of not less than six (6) feet and be able to attain a height of at least ten (10) feet.

2a.

Any individual use which directly abuts a park or playground must be screened by a minimum of one hundred (100) feet wide natural landscape buffer or a dense planting not less than fifty (50) feet in width. Screening trees shall have an original planting height of not less than six (6) feet for evergreens and not less than ten (10) feet for deciduous trees.

3.

Any business use which directly abuts a residential use and/or zone must be screened from the residential use and/or zone by an attractive wall, fence or dense planting at least six (6) feet in height and of sufficient density not to be seen through.

3a.

Any business use which directly abuts a park or playground must be screened by a minimum of one hundred (100) feet wide natural landscape buffer or a dense planting screen not less than fifty (50) feet in width. Screening trees shall have an original planting height of not less than six (6) feet for evergreens and not less than ten (10) feet in height for deciduous trees.

4.

Any apartment building containing four (4) or more residential units which directly abuts a one-, two- or three-family house must be screened from the one-, two- or three-family house by an attractive wall, fence or dense planting at least six (6) feet in height and of sufficient density not to be seen through.

4a.

Any apartment building containing two (2) or more residential units which directly abuts a park or playground must be screened by a minimum of fifty (50) feet wide natural buffering or a dense planting screen not less than twenty-five (25) feet in width. Screening trees shall have an original planting height of not less than six (6) feet for evergreens and not less than ten (10) feet for deciduous trees.

5.

Any industrial use required by federal, state, or local regulation to install sound attenuation walls, structures, frameworks or similar protections in order to reduce sound levels shall be required to have a densely planted landscaped buffer and plantings of not less than one hundred (100) feet in width for each ten (10) feet in height of such sound attenuation protections.

(Code 1965, § 27-24; Ord. No. D201, 11-21-85; Ord. No. G071, § V, 6-28-10)

(a)

[Purpose.] The purpose of [this section] is to regulate the following adult use activities: adult bookstores, adult motion picture theaters, adult paraphernalia stores, adult video stores, and nude dancing establishments.

(b)

[Definitions.] These aforementioned activities are defined as follows:

Adult bookstore. An establishment having as a substantial or significant portion of its stock in trade, books, magazines, and other matter which are distinguished or characterized by their emphasis depicting, describing, or relating to sexual conduct or sexual excitement as defined in General Laws Chapter 272, Section 31.

Adult motion picture theater. An enclosed building used for presenting material distinguished by emphasis on matter depicting, describing, or relating to sexual conduct or sexual excitement as defined in General Laws Chapter 272, Section 31.

Adult paraphernalia store. An establishment having as a substantial or significant portion of its stock devices, objects, tools, or toys which are distinguished or characterized by their association with sexual activity, including sexual conduct or sexual excitement as defined in General Laws Chapter 272, Section 31.

Adult video store. An establishment having as a substantial or significant portion of its stock in trade, videos, movies, or other film material which are distinguished or characterized by their emphasis depicting, describing, or relating to sexual conduct or sexual excitement as defined in General Laws Chapter 272, Section 31.

Nude dancing establishment. A nightclub, bar, restaurant, tavern, dance hall, or similar commercial establishment which regularly features:

(1)

Persons who appear in a state of nudity; or

(2)

Live performances which are characterized by an emphasis depicting anatomical areas specified as less than completely and opaquely covered genitals, pubic region, buttock and female breast below a point immediately above the top of the areola, and human genitals in a state of sexual arousal, or relating to sexual conduct or sexual excitement as defined in General Laws Chapter 272, Section 31; or

(3)

Films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of anatomical areas specified as above, or relating to sexual conduct or sexual excitement as defined in General Laws Chapter 272, Section 31.

(c)

[Special permitted use.] All such adult use activities as defined herein shall be allowed only in I-3 Heavy Industrial Zones and only as a special permitted use subject to the following restrictions:

Adult uses shall be permitted only when located outside the area circumscribed by a circle which has a radius consisting of the following distances from the specified uses or zoning districts:

One thousand five hundred (1,500) feet from any residence zone (R1-A, R1-B, R1-C, R-2, R-3) or any residential use;

One thousand five hundred (1,500) feet from any public or private school;

One thousand five hundred (1,500) feet from any church or other religious facility or institution;

One thousand five hundred (1,500) feet from any day care center;

One thousand five hundred (1,500) feet from any OS open space zone or any public park;

One thousand five hundred (1,500) feet from any boys' and girls' club, or children-oriented activity establishment;

One thousand five hundred (1,500) feet from any establishment licensed under the provisions of General Laws Chapter 138, Section 12;

Adult uses shall be permitted only when located one thousand five hundred (1,500) feet from any other adult use.

No special permit shall be issued to any person convicted of violating the provisions of General Laws Chapter 119, Section 63 or General Laws Chapter 272, Chapter 28.

The radius distance shall be measured by following a straight line, without regard to intervening buildings or structures, from the nearest point of the property parcel upon which the proposed use is to be located, to the nearest point of the parcel of property or the land use district boundary line from which the proposed adult use is to be separated.

The special permit granting authority for the activities defined herein shall be the zoning board of appeals.

Said special permit granting authority shall adopt and from time to time amend rules relative to the issuance of such permits, and shall file a copy of said rules in the office of the city or town clerk. Such rules shall prescribe a size, forum contents, style and number of copies of plans and specifications and the procedure for a submission and approval of such permits.

All applications for the uses defined herein shall be acquired from and submitted to the building department and shall be subject to a public hearing as prescribed by General Laws Chapter 40A, Section 9A. Said application shall comply with the rules of submission provided to the applicant with the application form.

Any existing adult bookstore, adult motion picture theater, adult paraphernalia store, nude dancing establishment or adult video store shall apply for such permit within ninety (90) days following the adoption of [this section] or by-law by a municipality.

A special permit granted under this section, if not established within one (1) year, shall lapse, including such time required to pursue or await the determination of an appeal.

(Ord. No. D410, 6-26-97)

State Law reference— G.L. c. 40A, § 9A.

A.

[Application; exceptions.] This section shall apply to the use or occupancy of any lot or structure thereon and the noise produced thereby, but shall not apply to the following, without a permit from the License Commission. The License Commission shall promulgate rules and regulations relative to the issuance of such permits.

1.

To the intermittent or occasional use, during the daytime, of light homeowner's residential outdoor equipment or commercial service equipment provided said equipment and its use complies with other provisions of this chapter;

2.

To construction activities and the associated use of construction devices nor to the noise produced thereby, provided such activities, and such equipment and its use, comply with provisions of this chapter.

B.

Noise in regulated areas or Affecting Residential Property. No person shall create or cause to be emitted from or by any source subject to the provisions of this chapter, any noise which causes or results in a noise level, measured at any lot line of any lot located in any regulated area or an adjacent residential use, in excess of any level of subsection of this section, Noise emitted from construction sites shall be excepted from this regulation.

C.

Table of noise standards.

Maximum Allowable Octave Band Sound Pressure Levels

D.

This ordinance shall apply to any:

(A)

Any use of land within a C-7 Zone, Sports and convention complex zone as established in Section 27-32.9 or

(B)

Any use of any lot or group of lots of ten (10) acres or greater in size for public amusement or entertainment purposes.

(Ord. No. G024, 8-22-05)

(a)

Purpose. The purpose of this section is to regulate the locations of medical marijuana cultivation, harvesting, dispensing and other related activities, as allowed by Commonwealth of Massachusetts petition number 11-15, An Initiative Petition for a Law for the Humanitarian Medical Use of Marijuana. The provisions of this section have neither the purpose nor the intent of imposing a limitation on the content of any communicative matter or materials. Similarly, it is not the purpose or intent of this section to restrict or deny access by adults to medical marijuana distribution or to other related matter or materials that are protected by the Constitutions of the United States of America or of the Commonwealth of Massachusetts, nor to restrict or deny rights that distributors of such materials may have to sell or distribute such materials. Neither is it the intent or purpose of this section to legalize the sale, rental, or distribution of illicit or other illegal matter or materials.

(b)

Definitions. These aforementioned activities are defined as follows:

(1)

"Medical Marijuana Law." Commonwealth Massachusetts petition number 11-11, An Initiative for a Law for the Humanitarian Medical Use of Marijuana and regulations formulated by the Massachusetts Department of Public Health (DPH) and unanimously approved by the Public Health Council for the implementation of An Act Regarding Humanitarian Medical Use of Marijuana.

(2)

The following terms, as used by this section, are defined in the Medical Marijuana Law:

a.

Card holder.

b.

Dispensary agent.

c.

Enclosed, locked facility.

d.

Marijuana.

e.

Medical marijuana treatment center.

f.

Medical use of Marijuana.

g.

Personal caregiver.

h.

Registration card.

(3)

Hardship cultivation registration is a registration issued by the Commonwealth of Massachusetts under Section 11 of the Medical Marijuana Law.

(4)

Medical marijuana manufacturer is an establishment where medical marijuana may be grown or cultivated, harvested, prepared, processed, manufactured, compounded, encapsulated, infused, and packaged.

(5)

Medical marijuana dispensary(ies) is an/are establishments) where medical marijuana may be acquired, sold, provided, shared, and exchanged; and as an accessory use medical marijuana related supplies and educational materials may be provided or sold.

(6)

Residential use is any building where one or more persons habitate. This shall include all short-term and long-term nursing facilities, rest homes, licensed lodging houses, single or multiple family dwellings but shall not include hospitals or similar medical facilities.

(c)

Special permitted use. Medical marijuana treatment centers, medical marijuana manufacturer(s) and medical marijuana dispensaries, as defined herein, shall be allowed only in Humanitarian Medical Use of Marijuana Overlay Districts (HMMOD) and only as a special permitted use granted by the zoning board of appeals subject to the following restrictions:

(1)

All operations are conducted within a completely enclosed building, in conformance with Massachusetts General Laws and regulations issued thereunder, as amended.

(2)

An application fee shall be required in an amount to be established by the Brockton City Council and said fee shall be submitted with the application.

(3)

All medical marijuana manufacturer(s) facilities shall be reviewed under the site plan review ordinance.

(4)

A special permit shall only be valid for use by the applicant and will become null and void upon sale or transfer of the registered medical marijuana registration or license.

(5)

In the event that the DPH revokes, fails or refuses to issue a license or registration, a special permit issued by the City of Brockton for the medical marijuana treatment center, medical marijuana manufacturer, or dispensary shall be deemed null and void.

(6)

Medical marijuana treatment center(s), medical marijuana manufacturer(s), and dispensaries shall be permitted only when located outside the area circumscribed by a circle which has a radius consisting of the following distances from the specified uses or zoning districts:

a.

Two hundred fifty (250) feet from any residential zone (R1-A, R1-B, R1-C, R-2, R-3);

b.

Five hundred (500) feet from any public or private preschool, kindergarten, elementary or high school;

c.

Five hundred (500) feet from any City of Brockton conservation land or public park;

d.

Five hundred (500) feet from any boys' and girls' club, or children-oriented activity establishment (such as a registered day care centers);

e.

The radius distance shall be measured by following a straight line, without regard to intervening buildings or structures, from the nearest point of the property parcel upon which the proposed use is to be located, to the nearest point of the parcel of property or the land use district boundary line from which the proposed medical marijuana dispensary is to be separated.

(7)

The applicant shall provide a written exterior refuse control plan to the police department for comment which shall be submitted with the application for approval by the special permit granting authority.

(8)

The applicant shall provide a written security plan to the police department for comment which shall be submitted with the application for approval by the special permit granting authority.

The security plan shall at a minimum include a description of:

a.

Provisions for security cameras to be monitored by a UL Approved monitoring entity;

b.

On-site security personnel;

c.

Emergency procedures.

(9)

The applicant shall provide a written fire safety plan, to the fire and building departments for comment which shall then be submitted with the application for approval by the special permit granting authority. The fire safety plan shall at a minimum include a description of:

a.

Types, amounts, and method of storage of hazardous materials to be utilized on-site;

b.

Procedures in the case of fire or medical emergency.

(10)

The applicant shall provide a written plan to reduce odorous emissions to the board of health for comment, which shall then he submitted with the application for approval by the special permit granting authority.

(11)

The applicant shall provide a survey plan stamped by a licensed surveyor showing adherence to all set back requirements outlined in this section, subject to review and approval by the special permit granting authority. This plan must be dated not more than three months prior to the submittal of the application.

(12)

There shall be no signage or ornamentation that promotes or indicates the nature of the business other than the name of the business. All signage must be non-descript and innocuous and conform otherwise to the sign controls of the Revised Zoning Ordinances of the City of Brockton. Drawings of the proposed signage, colors, and type of illumination shall be submitted as part of the application for approval by the SPGA.

(13)

All applications for the uses defined herein shall be subject to a public hearing as prescribed by General Laws Chapter 40A, Section 9A. Said application shall comply with the rules of submission provided to the applicant with the application form.

(14)

A special permit granted under this section, if not exercised within two (2) years, shall lapse, unless an appeal is pending as defined by MGL Chapter 40A Section 9.

(15)

A special permit shall not be issued until an applicant demonstrates compliance with all applicable state regulations.

(16)

All medical marijuana manufacturing facilities shall be inspected on a bi-annual basis by the building department, fire department, police department and board of health. There shall be a bi-annual fee of two hundred fifty dollars ($250.00) to be paid to each department to off-set the additional costs associated with the facility,

(17)

Cultivation and storage of medical marijuana shall be in a secure, enclosed, locked area. Medical marijuana or product derived therefore shall not be visible from the street or other public areas.

(18)

Medical marijuana treatment centers, and medical marijuana dispensaries shall not be permitted when the location is within two hundred fifty (250) feet of a pediatrician's office.

(19)

The storage of medical marijuana shall be in a secure, enclosed, locked area. Medical marijuana or product derived therefore shall not be visible from the street or other public areas.

(20)

Drive-through service, take-out window, or drive-in service are not permitted.

(21)

The hours of operation for a medical marijuana use that provides, shares, exchanges, sells, or dispenses medical marijuana are no earlier than 8:00 a.m. and no later than 10:00 p.m.

(22)

No consumption of medical marijuana products is allowed on the premises.

(23)

Dispensing of any product that is intended as medical use of marijuana shall not occur in any automated manner, i.e. vending machines. All dispensing must occur in a person-to-person manner within the confines of a closed, locked facility.

(24)

Free delivery service from medical marijuana dispensaries shall be provided.

(d)

Permitted use. All persons who possess a hardship cultivation registration as defined herein shall be allowed to cultivate medical marijuana within any residential use, subject to the restrictions set forth by the Commonwealth of Massachusetts and the following limitations:

(1)

All operations are conducted within a completely enclosed, locked facility, in conformance with Massachusetts General Laws and regulations issued thereunder, as amended.

(2)

In the event a qualifying patient has received a medical marijuana registration card and has received a cultivation registration from the DPH, said qualifying patient shall submit written proof of such registration to and registered with the City of Brockton Board of Health. The location of said cultivation shall be provided to the Brockton Board of Health Department and shall be subject to inspection by Brockton Health Department personnel in the course of their official duties at all reasonable times. Compliance with this provision does not require submission of medical documents from the qualifying patient.

(3)

Further the registrant must provides a copy of their registration card to the fire, and police department, which is subject to the same restrictions under Section 15 of the Medical Marijuana Law. The registrant must comply with all Massachusetts Department of Public Health regulations relating to hardship cultivation.

(e)

No person shall be deemed to have any entitlement or vested right to permitting under this section by virtue of having received any prior license or permit from the city including, by way of example only, any zoning permit, any wholesale food manufacturer's license. In order to lawfully engage in the business of selling, cultivating, or manufacturing medical marijuana in the city on or after the date of passage of the ordinance from which this section derives, any person must qualify for and obtain a special permit and licensure in accordance with the requirements of this section.

(f)

In the event of any conflict between the provisions of this section and any other applicable state or local law, the stricter provision, as deemed by the building commissioner, shall control.

(g)

Any new application sought under this section must be publicly advertised for a period of no less than fourteen (14) days. Abutters within three hundred (300) feet must be notified in writing of said application, which shall include the date, time, and place of the public hearing on said notice.

(h)

The zoning map attached to the Revised Ordinances of the City of Brockton pursuant to section 27-5, Zoning map is hereby amended to include the Humanitarian Medical Use of Marijuana Overlay District 1 (HMMOD1), as shown on the plan attached hereto as Exhibit "A" and made a part hereof.

(Ord. No. I08, 11-26-13; Ord. of 4-25-2022(1))

Editor's note— Exhibit "A" to Ord. No. I08 is not set out herein but is available in the office of the city clerk.

1.

Purpose. The purpose of this section is to control the local cultivation, production, and distribution of marijuana as allowed by Massachusetts General Law Chapter 94G: Regulation of the use and distribution of marijuana not medically prescribed, as amended by Chapter 55 of the Acts of 2017; An act to ensure safe access to marijuana, and governed by 935 CMR 500.000: Adult use of marijuana and the Brockton City Ordinance for the Establishment of Licensing and Regulation for Adult Use Marijuana Establishments.

2.

Definitions. Unless otherwise indicated, terms used throughout this regulation shall be defined as they are in 935 CMR 500.000 and in General Laws c. 94G, § 1.

a.

Medical Marijuana Treatment Center also known as a Registered Marijuana Dispensary (RMD): means an entity registered under 105 CMR 725.100 that acquires, cultivates, possesses, processes (including development of related products such as edible cannabis or marijuana products, tinctures, aerosols, oils or ointments), transfers, transports, sells, distributes, dispenses, or administers marijuana, products containing cannabis or marijuana, related supplies, or educational materials to registered qualifying patients or their personal caregivers for medical use.

3.

Allowed uses.

a.

Principal Permitted: Pursuant to standards enumerated herein, Craft Marijuana Cultivator Cooperative, Marijuana Cultivator, Marijuana Products Manufacture, Marijuana Independent Testing Laboratory, Marijuana Transporter, Marijuana Research Facilities, Marijuana Couriers, Marijuana Delivery Operators, and other similar Marijuana Enterprises, with the exception of Marijuana Retailers, shall be principal permitted uses in I-1 Industrial Park Zones. Notwithstanding the aforementioned, the location shall not be considered a Principal Permitted Use if the location is within one hundred (100) feet of a residential use, in which case the use shall only be allowed under Section 27-24.4(3)(b) Special Permit. Access to all retail locations must be designed and constructed to comply with applicable disability access requirements including, but not limited to, the Americans with Disabilities Act (ADA).

b.

Special Permitted Uses: Pursuant to standards enumerated herein, Marijuana Retailer and the retail sale of Marijuana Accessories shall be special permitted uses in C-2 General Commercial Zones and C-3 Central Business Zones only.

i.

Marijuana Retailer hours of operation shall be no earlier than 8 a.m. and not later than 10 p.m.

ii.

Access to all retail locations must be designed and constructed to comply with applicable disability access requirements including, but not limited to, the Americans with Disabilities Act (ADA).

c.

Notwithstanding anything herein to the contrary, nothing in this Ordinance shall be construed as preventing a Medical marijuana treatment center with a special permit to operate in the Humanitarian Medical Use of Marijuana Overlay Districts (HMMOD) pursuant to Ordinance Section 27-24.3 as of July 1, 2017 from applying for a permit and/or license to operate as a Marijuana Establishment at the same location as the Medical marijuana treatment center permitted in the HMMOD.

d.

Seventy-five percent (75%) of the recreational Marijuana Retailer licenses shall be reserved for establishments to be located in C-2 zoning Districts. Twenty-five percent (25%) of the recreational Marijuana Retailer licenses shall be reserved for establishments to be located in the C-3 Zoning District. Registered Marijuana Dispensaries ("RMD") provisionally licensed no later than July 1, 2017 are exempt from this provision.

4.

Prohibited uses. Marijuana Establishments are prohibited from R-1 Single-Family Residential Zones, R-2 and R-3 Multi-Family Residential Zones, C-1 Neighborhood Commercial Zones, C-4 Planned Shopping Center Zones, C-5 Office Zones, C-6 Regional Shopping Center Overlay Zones, C-7 Sports and Convention Complex Zones, C-8 Highway Commercial Zones, and Thatcher Street Smart Growth Overlay District.

5.

Conversion. RMDs registered no later than July 1, 2017 that engage in the cultivation, manufacture, or sale of marijuana or marijuana products to a marijuana establishment for adult use engaged in the same type of activity shall also be subject to these regulations.

6.

Operational Requirements, Restrictions, and Conditions.

a.

Prohibition Against Nuisances: Marijuana Establishments shall be located, constructed, and operated in such a way as to minimize any noise, safety, odor, and environmental impacts. Marijuana Establishment operations shall not create nuisance conditions in parking areas, sidewalks, streets and areas surrounding its premises and adjacent properties. "Nuisance" includes, but is not limited to, disturbances of the peace, open public consumption of Marijuana, excessive pedestrian or vehicular traffic, odors emanating from the Marijuana Establishment's premises, electrical lighting, illegal drug activity under State or local law, harassment of passersby, excessive littering, excessive loitering, illegal parking, excessive loud noises, excessive citation for violations of State traffic laws and regulations and/or Transportation Division Rules and Regulations, queuing of patrons (vehicular or pedestrian) in or other obstructions of the public way (sidewalks and streets), collision between vehicles, bicyclists, and pedestrians, lewd conduct or police detentions and arrests.

b.

Odor Control and Ventilation: All premises shall be equipped with odor control filtration and ventilation system(s) based on the then current industry-specific best control technologies and best management practices. No operable windows or exhaust vents shall be located on any building facade. Exhaust vents on rooftops shall direct exhaust away from residential uses or zones. The building, or portion thereof, used for marijuana retailing shall be designed or equipped to prevent detection of marijuana odors and other objectionable odors from the property line. All Marijuana Establishments shall be ventilated in such a manner that no:

i.

Pesticides, insecticides or other chemicals or products used in the cultivation or processing are dispersed into the outside atmosphere;

ii.

No odor from marijuana cultivation, processing, sale, storage or consumption can be detected by a person with an unimpaired and otherwise normal sense of smell at any adjoining use or adjoining property to the marijuana establishment; and

iii.

The exhaust system to control odor shall be designed by a licensed professional air quality/environmental engineer recognized by the Commonwealth.

c.

Building: Marijuana Establishment uses shall be located only in a permanent building and not within any mobile facility. No outside storage is permitted. Marijuana waste shall also be stored within a permanent building. All sales shall be conducted either within the building or, if allowed by applicable state regulations, by home deliveries to qualified clients pursuant to applicable state and local regulations.

i.

The use of a walk-up or drive-thru window service is strictly prohibited.

ii.

Marijuana Establishments may only use their designated square footage for the purposes of operating such an establishment, as encompassed in this Ordinance and Ordinance Section 27-24.3.

iii.

No Marijuana Retailer shall have a gross floor area in excess of 5,000 square feet.

iv.

All Marijuana Establishments submit a secure solid waste disposal and recycling plan to be approved by the City of Brockton Board of Health.

d.

Visibility: No Marijuana Establishment shall allow cultivation, processing, manufacture, sale or display of Marijuana or Marijuana Products to be visible from a public place without the use of binoculars, aircraft, or other optical aids.

e.

Dimensional Requirements: Except where it is explicitly stated otherwise in this Section, a Marijuana Establishment shall conform to the dimensional requirements applicable to non-residential uses within the base zoning districts.

f.

Location (Buffer Zone): No Marijuana Retail Establishment shall be within:

i.

Five hundred (500) feet of another presently existing or permitted Marijuana Dispensary or Recreational Retail Facility; or

ii.

Five hundred (500) feet of a pre-existing public or private school providing education in kindergarten or any of grades 1 through 12.

iii.

The distance under this section shall be measured in a straight line from the nearest point of the property line in question to the nearest point of the property line where the Marijuana Retail Establishment is or will be located. Where any portion of a lot is within a required separation, the entire lot shall be considered to be within the required separation.

g.

Co-Location:

i.

Marijuana and tobacco products shall not be smoked, ingested, or otherwise consumed in the building space occupied by the retailer.

ii.

The simultaneous operation of a marijuana medical dispensary and an adult use recreational dispensary on the same lot or building is strictly prohibited. All Registered Medical Dispensaries registered no later than July 1, 2017 are exempt from this provision.

iii.

Marijuana retailing shall not be co-located on the same parcel or within the same building with any retail shop that sells tobacco or marijuana paraphernalia, i.e. Vape Shops.

h.

Age Requirement: No persons under the age of twenty-one (21) shall be permitted to be present in the building, or portion thereof, occupied by any Marijuana Establishment.

i.

Hours of Operations for Deliveries: Marijuana Couriers, Marijuana Delivery Operators, and Marijuana Establishments with a Delivery Endorsement shall only deliver marijuana between the hours of 8:00 a.m. and 9:00 p.m.

j.

Marijuana Couriers: All Marijuana Couriers must maintain a site location which allows for parking of delivery vehicles and office space to serve as a dispatch/management location. Marijuana Couriers are not permitted to store marijuana products on-site.

k.

Marijuana Operators: All Marijuana Operators must maintain a site location for parking of delivery vehicles, storage warehouse, loading dock and office and are permitted to store marijuana on-site.

l.

Buffer Zone for Loading Areas: A ten-foot buffer strip, which shall be landscaped, bermed, or fence at a suitable height and density to effectively screen the loading area and lights of delivery trucks from shining onto residential property, shall be required for any Marijuana Courier or Marijuana Delivery Operator sites located within one hundred (100) feet from residential property.

7.

Special Permit/Site Plan Review. All Marijuana Establishments require Site Plan Review. Marijuana Retail operations require a Special Permit from the Zoning Board of Appeals.

a.

Site Plan Review Procedure: An application for Site Plan Review shall be submitted and administered in accordance with the provisions of Article XV - SITE PLAN REVIEW of the Brockton Zoning Ordinances.Site Plan approval for all Marijuana Establishments shall be subject to the requirements indicated herein and shall be in addition to the provisions ARTICLE XV - SITE PLAN REVIEW. The applicant shall submit a copy of its provisions or final license, if issued by the Cannabis Control Commission ("CCC"), along any materials submitted to the Cannabis Control Commission for the purpose of seeking such license.

b.

Special Permit Procedure: The special permit shall conform to this Section of the Zoning Ordinance and to M.G.L. Chapter 40A, Section 9, as well as to regulations which the Zoning Board of Appeals shall adopt from time to time for carrying out its requirements under this Section. An application for special permit under this Section shall be submitted and administered in accordance with the provisions Ordinance Section 27-49.

8.

Materials for Review. In addition to the materials required under ARTICLE XV - SITE PLAN REVIEW, an application to the Planning Board of the City of Brockton, as a part of a public hearing for a Site Plan Review, shall include, at a minimum, the following information:

a.

Description of Activities: The applicant shall submit a narrative providing information about the type and scale of all activities that will take place on the proposed site, including, but not limited to, cultivating and processing of marijuana or marijuana infused products (MIPs), on-site sales, off-site deliveries (if allowed by state regulation), distribution of educational materials, and other programs or activities.

b.

Service Area: A map and narrative describing the area proposed to be served by the Marijuana Establishment and the anticipated number of customers that will be served within the area. This description shall indicate where any RMDs and/or Marijuana Establishments, including Marijuana Retailers, exist or have been proposed within the expected service area.

c.

Context Map: The applicant shall submit a context map depicting all properties and land uses within a one thousand foot (1,000') radius (minimum) of the project site whether such uses are located in Brockton or within surrounding communities, including, but not limited to, all educational uses. Required Buffer Zones as defined under provision 7(i) of this Section shall also be included for review.

d.

Transportation Analysis: The applicant shall provide a Transportation Demand Management Plan to establish the impacts of the peak traffic demand and shall adequately address issues of traffic demand, parking, and queuing, especially at peak periods at the facility, and its impact on neighboring uses. The transportation demand management plan shall also model expected origin and frequency of client and employee trips to the site, the expected modes of transportation used by clients and employees, and the frequency and scale of deliveries to and from the site.

e.

Security Plan: The applicant shall submit a security plan that has been reviewed and approved by the Brockton Police Department that indicates that the site is designed as such that it provides convenient, safe and secure access and egress for clients and employees arriving to and leaving from the site using all modes of transportation, including drivers, pedestrians, and public transportation users. The applicant shall also submit a security plan for review and approval by the Brockton Police Department for its transportation vehicles if applicable to their license issued by the Massachusetts Cannabis Control Commission or Massachusetts Department of Public Health. The Security Plan shall not be considered public document subject to the Massachusetts Public Records Law or Freedom of Information Act.

f.

Site Plan: A plan or plans depicting all proposed development on the property, including the dimensions of the building, the layout of the automobile and bicycle parking, the location of pedestrian, bicycle and vehicular points of access and egress, the location and design of all loading, refuse and service facilities, the location, type and direction of all outdoor lighting on the site, stormwater facilities, and landscape design including landscape buffers along abutting properties and public ways.

g.

Building Elevations and Signage: For all new buildings, architectural drawings of all exterior building facades and all proposed signage, specifying materials and colors to be used, shall be submitted by the applicant. Perspective drawings and illustrations of the site from public ways and abutting properties are also required. For existing buildings and structures, any changes to the exterior of the building shall be shown along with location of proposed entrances, loading areas and signage. All signage and advertising materials shall be consistent with underling zoning requirements and comply with the provisions and prohibitions within 935 CMR 500.

h.

Emergency Response Plan. All Marijuana Establishments shall meet with the Brockton Fire Department and the Brockton Police Department to discuss and identify emergency plans/contingency plans for the site prior to the issuance of a certificate of occupancy. A written Emergency Response Plan shall be filed with the Brockton Fire Department and the Brockton Police Department pursuant to M.G.L. c. 94G, § 12. All Marijuana Establishments shall designate a single on-site staff member as the community liaison with direct interaction with on-site security and City police. Emergency Response Plans shall not be considered public document subject to the Massachusetts Public Records Law or Freedom of Information Act.

i.

Solid Waste Disposal and Recycling Plan. All Marijuana Establishments shall submit a secure solid waste disposal and recycling plan to be approved by the City of Brockton Board of Health.

9.

Special Permit Criteria. In granting a Special Permit for a Marijuana Retailer, in addition to the general criteria for issuance of a Special Permit as set forth in Ordinance Section 27-49, the Zoning Board of Appeals shall find that the following criteria are met:

i.

The building and site are designed such that they provide convenient, safe and secure access and egress for customers and employees arriving to and from the site using all modes of transportation, including drivers, pedestrians, bicyclists, and public transportation users.

ii.

Loading, refuse, and service areas are designed to be secure and shielded from abutting uses.

iii.

The building and site have been designed to be compatible with other buildings in the area and to mitigate any negative aesthetic impacts that might result from required security measures and restrictions om visibility into the building's interior.

10.

Conditions of Approval. Special Permits and/or Site Plan Approval under this Ordinance shall impose conditions reasonably appropriate to improve site design, traffic flow, public safety, protect water quality, air quality, and significant environmental resources, preserve the character of the surrounding area and otherwise serve the purpose of this Section. In addition to any specific conditions applicable to the Marijuana Retailer the following conditions shall be included in any permits or approvals granted under this Section:

a.

Licensed to Operate: All permitted Marijuana Establishments shall be properly licensed by the CCC and shall comply with all applicable state and local regulations, laws, and rules at all times. No Building Permit or Certificate of Occupancy shall be issued for a Marijuana Establishment that is not properly licensed with the CCC.

b.

Limitation of Approval: A Special Permit and/or Site Plan approval authorizing the location of a Marijuana Establishment shall be valid only for the licensed entity to which the Special Permit or Site Plan approval was issued and only for the site at which the Marijuana Establishment has been authorized by the Special Permit or Site Plan approval.

c.

Operations and Security Measures: The Marijuana Enterprise shall comply with all regulations promulgated by the CCC, as well as any additional security measures imposed by the City of Brockton Zoning Board of Appeals or Planning Board.

d.

Host Community Agreement: The applicant shall provide documentation in the form of a single-page certification signed by Mayor of the City of Brockton and the applicant evidencing that the applicants for licensure and host municipality have executed a Community Agreement.

e.

Hours of Operation: The hours of operation may be set by the Zoning Board of Appeals, but in no event shall a Marijuana Establishment that dispenses marijuana or marijuana products to the public be open earlier than 8 am and not later than 8 pm.

f.

Validity of Permits and Cessation of Operations:

i.

The Special Permit and/or Site Plan approval shall lapse one (1) year from the date the Zoning Board of Appeals files its decision with the City Clerk, pursuant to M.G.L. c. 40A, §9 if a substantial use thereof has not sooner commenced.

ii.

The Special Permit and/or Site Plan approval shall be limited to the permit holder and shall lapse if the permit holder ceases operating the Marijuana Establishment. Any changes in the entity of the Special Permit holder, to the scope and scale of operations, or other material facts stated in the initial application to the CCC, shall be submitted to the City of Brockton Planning Board and Zoning Board of Appeals. If the City of Brockton Planning Board determines that there are substantial changes to the original approval, the City of Brockton Planning Zoning Board or Zoning Board of Appeals may require the permit holder to file an application for major modification to the current permit, which shall be acted upon following a public hearing.

iii.

The Special Permit and/or Site Plan approval shall automatically lapse upon the expiration or termination of the permit holder's license issued by the CCC.

iv.

The permit holder shall notify the City of Brockton Planning Board and Zoning Board of Appeals in within forty-eight (48) hours of the cessation of operation of the Marijuana Establishment or the expiration or termination of the permit holder's license issued by the CCC.

11.

Inspections. The City of Brockton and its agents, including, but not limited to, representatives from the Building Department, Board of Health, Fire Departments, Compliance Officer/Code Enforcement Officer, and Police Departments, may conduct unannounced unscheduled, periodic inspections of the premises of any Marijuana Establishment to determine the Marijuana Establishment's compliance with the requirements of state and local laws, regulations, licenses, and permits, including this Section.

(Ord. No. K25, 2-27-19; Ord. of 7-25-2022(1); Ord. of 3-14-2022(1), (2))

A special permit shall be required for any exterior stairway above the ground floor. Exterior stairways for deck access for single-family dwellings are excluded from the special permit requirement.

(Ord. of 9-11-2023(3))

(a)

Definitions.

Portable storage container means a portable, weather-resistant, receptacle designed and used for the storage or shipment of personal property, building material or merchandise. The term shall not include yard waste containers nor construction debris containers.

Portable storage containers shall not include storage trailers registered with the Registry of Motor Vehicles.

(b)

Restrictions. No storage container shall be stored or parked on a premise without a permit from the Inspectional Services Department. The permitting and use shall be subject to the following requirements and restrictions.

(1)

Residential Zones.

a.

The permit shall not allow for more than one (1) storage container or bulk transportation devices on the premises. A permit for more than one (1) storage container shall be subject to the discretion of the Commissioner of Buildings.

b.

The permit shall be for an initial period of forty-five (45) days.

c.

The permit may only be extended one (1) time for an additional period not to exceed thirty (30) days. Only one permit may issue during a twelve (12) month period commencing at the date of the original permit.

d.

Placement of storage containers must comply with all accessory setback requirements for rear and side setbacks and must comply with all front setbacks for a primary structure in the subject Residential Zone and not be situated further forward than the plane of the house. The Commissioner of Buildings may allow in his or her discretion for a portable storage container to be situated as directed by the Commissioner of Buildings if compliance with these standards cannot be met.

e.

No portable storage container shall have a length greater than twenty (20) feet or a width greater than nine (9) feet or a height greater than nine (9) feet.

(2)

Commercial and Industrial Zones.

a.

The permit shall not allow for more than five (5) storage containers on the premises.

b.

A separate permit may allow for the number of storage containers on the premises to exceed five (5); however, site plan approval is required prior to the issuance of the permit.

c.

The permit shall be for an initial period of one (1) year. The permit may be renewed each subsequent year.

d.

The storage containers shall not be connected. There shall be a minimum of ten (10) feet between each unit.

e.

The storage containers shall not be located upon designated parking spaces.

f.

Placement of storage containers on the premises must be screened from view and not be situated further forward than the plane of the primary structure. The Commissioner of Buildings may allow in his or her discretion for a portable storage container to be situated as directed by the Commissioner of Buildings if compliance with these standards cannot be met.

A permit shall be prominently displayed and visible for inspection personnel and the permit shall contain the expiration date of the permit.

Inspectional Services Department shall provide a list of prohibited materials not to be stored in the portable storage container, which shall include prohibiting storage of live animals, hazardous materials, and combustible material, and shall further prohibit habitation in the portable storage container.

Inspectional Services Department shall have the right to inspect the portable storage containers for compliance with the permit and this Ordinance.

Construction sites shall be exempt from the requirements of this ordinance.

The issuance and extension of any permit shall be within the discretion of the Inspectional Services Department. The Inspectional Services Department shall affix fees for the initial permit and permit extension and shall assign a per unit fee for Commercial and Industrial Zones. The Commissioner of Buildings shall file the fee schedule with the City Council annually. There shall be a penalty of two hundred dollars ($200.00) for any violation of this Ordinance. Each day shall constitute a separate offense.

(Ord. of 11-27-2023(1))

(a)

Home Occupation—As a Right. One (1) home occupation may be allowed on any premises as a right, provided that the home occupation:

1.

Is conducted solely within a dwelling and solely by the person(s) occupying the dwelling as a primary residence;

2.

Is clearly incidental and secondary to the use of the premises for residential purposes;

3.

The business itself is conducted indoors wholly within the confines of the residential dwelling or an accessory structure;

4.

Excludes the sale of retail on premises;

5.

Does not utilize exterior storage of material or equipment;

6.

Does not produce offensive noise, vibration, smoke, dust, odors, heat, lighting, electrical interference, radioactive emission or environmental pollution;

7.

Does not exhibit any exterior indication of its presence or any variation from residential appearance;

8.

Does not produce traffic generated by such home occupation in greater volume than would be normally expected in the immediate neighborhood;

9.

Parking is limited to no more than one (1) commercial motor vehicle, which shall not be parked on the street or on permeable land;

10.

Is registered with the city clerk; and

11.

Is properly licensed, as required, if applicable.

The term commercial vehicle as used in this ordinance shall mean a sport utility vehicle or passenger van, or a pickup truck or cargo van with markings on the vehicle. Prohibited vehicles include any vehicle which has a vehicle weight, or curb weight, of more than six thousand (6,000) pounds, as per the manufacturer's description of said vehicle, and any vehicle which has five (5) or more wheels on the ground, except for a pick-up truck that is registered to an individual and is used exclusively for personal use.

(b)

Home Occupation—By Special Permit. A home occupation may be allowed by special permit issued by the Board of Appeals provided that it:

1.

There are no employees other than full-time residents of the premises, aside from a family day care licensed by the Commonwealth of Massachusetts to provide family day care, as defined in G.L.c. 28A;

2.

Does not exhibit any exterior indication of its presence, or any variation from residential appearance, except for a sign or name plate;

3.

A special permit for such use is granted by the Board of Appeals, subject to conditions, including but not limited to, restrictions of hours of operation, maximum floor area, off-street parking, and maximum number of daily customer vehicle trips. Such special permit shall expire upon transfer of the property and the new owner shall require a new special permit.

(Ord. of 9-11-2023(2))