Erving City Zoning Code
ARTICLE 230
3.0 USE REGULATIONS
§ 230-3.1 PRINCIPAL USES AND STRUCTURES.
3.1.1.
General. No principal building or structure shall be constructed, and no building, structure or use of land, or plan thereof shall be used for any purpose or in any manner other than for one or more uses hereinafter set forth as permissible. Any uses not listed in the Use Regulation Schedule, Section 3.1.2, shall be considered prohibited. Unless otherwise authorized, not more than one principal structure or dwelling may be erected on a lot.
3.1.2.
Use Regulation Schedule. Symbols employed in the following Use Regulation Schedule shall have the following meaning:
Y - Yes, the use is permitted by right in that Zoning District.
N - No, the use is not permitted in that Zoning District.
PB - The use may be permitted if a special permit is granted by the Planning Board.
BA - The use may be permitted if a special permit is granted by the Zoning Board of Appeals.
SB - The use may be permitted if a special permit is granted by the Select Board.
USE | |||||
|---|---|---|---|---|---|
A. | RESIDENTIAL USES | RR | VR | CV | FK |
1. | Single Unit dwelling | Y | Y | Y | Y |
2. | Two-Unit dwelling | Y | Y | Y | Y |
3. | Multi-Unit Dwelling | N | PB | PB | PB |
4. | Temporary mobile home (see § 230-7.3) | Y | Y | Y | Y |
5. | Mobile home or mobile home park | N | N | N | N |
6. | Bed and Breakfast | Y | Y | Y | Y |
7. | Senior Housing (see § 230-8.3) | PB | PB | PB | PB |
8. | Flexible Development (see § 230-8.2) | PB | PB | PB | PB |
B. | COMMUNITY USES | RR | VR | CV | FK |
|---|---|---|---|---|---|
1. | Use of land or structures for religious purpose | Y | Y | Y | Y |
2. | 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 |
3. | Child Care Center/School Aged Child Care Program | Y | Y | Y | Y |
4. | Essential services | PB | PB | PB | PB |
5. | Municipal parks, playgrounds, senior center, offices, fire and police stations, municipal recreational uses, municipal wells, water storage and processing, sewage lift stations, municipal cemetery, and related building and parking facilities | Y | Y | Y | Y |
6. | Municipal yards and related facilities | PB | PB | PB | PB |
7. | Charitable or philanthropic use; Hospital | PB | PB | PB | PB |
8. | Community or private club, not conducted for profit | PB | PB | PB | PB |
9. | Private cemetery, not conducted for profit | PB | PB | PB | PB |
C. | AGRICULTURAL, OPEN SPACE USES | RR | VR | CV | FK |
|---|---|---|---|---|---|
1. | Agriculture, horticulture and floriculture on parcel five acres or more or two qualified acres | Y | Y | Y | Y |
2. | Commercial greenhouse and nursery uses on parcels five acres or more or two qualified acres | Y | Y | Y | Y |
3. | Commercial greenhouse and nursery uses on parcels less than five acres or two qualified acres | PB | PB | PB | PB |
4. | For properties under five acres or less than 2 qualified acres in size, the raising or keeping of livestock, including poultry, horses, or cows | SB | SB | SB | SB |
5. | Farm stand | Y | Y | Y | Y |
6. | Wildlife preserve, conservation uses, or passive recreational uses | Y | Y | Y | Y |
7. | Outdoor commercial recreation | PB | PB | PB | PB |
8. | Campground | PB | PB | PB | PB |
D. | GENERAL BUSINESS USES | RR | VR | CV | FK |
|---|---|---|---|---|---|
1. | Adult Entertainment Uses | N | N | PB | PB |
2. | Business or professional office, small | PB | PB | Y | Y |
3. | Business or professional office, large | PB | PB | Y | PB |
4. | Bank or financial establishment | N | N | Y | PB |
5. | Medical office, clinic | N | PB | Y | PB |
6. | Retail establishment, small | PB | PB | Y | Y |
7. | Retail establishment, medium | N | N | Y | Y |
8. | Retail establishment, large | N | N | PB | PB |
9. | Sales and storage of building materials | N | N | PB | PB |
10. | Personal or general service establishment | N | PB | Y | Y |
11. | Restaurant | PB | PB | Y | Y |
12. | Restaurant, with drive through window | N | N | PB | PB |
13. | Laundry, laundromat | N | N | PB | PB |
14. | Theater | N | N | PB | PB |
15. | Motel or hotel | PB | PB | PB | PB |
16. | Commercial kennel | PB | N | N | PB |
17. | Hobby kennel | Y | PB | PB | Y |
18. | Landscaper or contractor yard | PB | N | N | PB |
19. | Veterinary office or clinic | PB | PB | Y | Y |
20. | Printing and publishing establishment | N | N | Y | Y |
21. | Indoor commercial recreation | PB | PB | PB | PB |
22. | For profit educational establishment | PB | PB | PB | PB |
23. | Brewery, tavern, winery, or distillery | PB | PB | PB | PB |
24. | Sale of firearms | PB | PB | PB | PB |
E. | MOTOR VEHICLE RELATED USES | RR | VR | CV | FK |
|---|---|---|---|---|---|
1. | Motor vehicle light service station | N | N | PB | PB |
2. | Repair or body shop for motor vehicles | N | N | PB | PB |
3. | Motor vehicle or boat sales and service | N | N | PB | PB |
4. | Car wash | N | N | PB | PB |
5. | Electric vehicle charging station | Y | Y | Y | Y |
6. | Public parking or garaging of automobiles not incidental to another permitted use | PB | PB | PB | PB |
7. | Drive-in or drive-through window or facility | N | N | PB | PB |
F. | MARIJUANA RELATED USES | RR | VR | CV | FK |
|---|---|---|---|---|---|
1. | Medical Marijuana Treatment Center | N | N | PB | PB |
2. | Cultivation of medical and/or recreational marijuana occupying a building(s) or greenhouse(s) no greater than 10,000 square feet | PB | PB | PB | PB |
3. | Cultivation of medical and/or recreational marijuana occupying a building(s) or greenhouse(s) greater than 10,000 square feet | PB | PB | PB | PB |
4. | Indoor cultivation of medical and/or recreational marijuana, including craft marijuana cultivator cooperatives | PB | N | PB | PB |
5. | Retail marijuana product stores - Marijuana product sales and related paraphernalia including edibles of medical and recreational marijuana | N | N | PB | PB |
6. | Marijuana Social Consumption Establishment | N | N | PB | PB |
7. | Processing and product manufacturing of medical and/or recreational marijuana | PB | N | PB | PB |
8. | Independent testing laboratory facility for medical and recreational marijuana | PB | N | PB | PB |
9. | Marijuana Microbusiness | PB | PB | PB | PB |
10. | Marijuana, Delivery-Only Retailer | PB | PB | Y | Y |
G. | INDUSTRIAL USES | RR | VR | CV | FK |
|---|---|---|---|---|---|
1. | Junk yard, dump, and landfill | N | N | N | N |
2. | Manufacturing, processing and laboratory | N | N | PB | PB |
3. | Freight or transportation facility | N | N | PB | N |
4. | Quarrying, gravel mining and earth removal | N | N | N | N |
5. | (Reserved) | ||||
6. | Sawmill | PB | PB | N | N |
7. | Bulk storage, warehouse | N | N | PB | PB |
8. | Self-storage warehouse | N | N | PB | PB |
9. | Energy storage system | PB | N | N | PB |
H. | ACCESSORY USES | RR | VR | CV | FK |
|---|---|---|---|---|---|
1. | One or two boarders in a single unit dwelling | Y | Y | Y | Y |
2. | Tennis court, or similar court when accessory to a dwelling | Y | Y | Y | Y |
3. | Accessory Dwelling Unit in detached building (See § 230-8.1) | PB | PB | PB | PB |
4. | Home based business (See Section 3.2.2) | Y | Y | Y | Y |
5. | Accessory uses or structure on the same lot with and customarily incidental to a permitted main use on the same premises, including off-street parking | Y | Y | Y | Y |
6. | Uses, whether or not on the same parcel as activities permitted as a matter of right, accessory to activities permitted as a matter of right, which activities are necessary in connection with scientific research or scientific development or related production | PB | PB | PB | PB |
7. | Family day care home, large | PB | PB | PB | PB |
8. | Family day care home, small | Y | Y | Y | Y |
9. | Adult social day care | PB | PB | PB | PB |
10. | Energy storage system, accessory | Y | Y | Y | Y |
§ 230-3.2 ACCESSORY USES.
3.2.1.
General. Accessory uses are allowed as set forth in the Schedule of Use Regulations, Section H. In addition, other accessory uses are allowed provided they meet the definition of "accessory use," which is "a use incidental and subordinate to the principal use, and located on the same lot."
3.2.2.
Home Based Business. A business or profession is allowed as an accessory use out of a dwelling ("home occupation"), provided that:
1.
Such use is clearly secondary to the residential use and the home occupation shall be carried on within the principal building or an accessory building on the lot or an adjoining lot in common ownership. Such adjoining lot in common ownership must be either adjacent to or only separated by a public way from the lot on which the principal building is located.
2.
No more than 50% of the gross floor area of the residence shall be used for the purposes of the home occupation.
3.
If the home occupation is located in an accessory building, the gross floor area devoted to the home occupation shall not exceed 50% of the gross floor area of the residence or 2,000 square feet, whichever is greater.
4.
The home occupation shall be carried on by a resident of the principal dwelling and not more than two nonresidents shall be employed on the premises at any one time.
5.
No external change is made which alters the residential appearance of the building on the lot.
6.
Except for a permitted sign of not more than 6 square feet, per § 230-6.2, there shall be no exterior display or other exterior indication of the home occupation or other variation from the residential character of the premises.
7.
No outside storage shall be allowed unless a special permit is granted by the Planning Board and such outside storage is screened from neighboring properties and the public way by a fence or an evergreen hedge of sufficient depth or height to provide screening.
8.
Traffic shall not exceed volumes normally expected in a residential neighborhood. For purposes of this Bylaw, this shall be defined as 15 trips per day per dwelling unit which is approximately 150% of the average weekday trip rate for single unit homes from the Institute for Traffic Engineers Trip Generation Manual.
9.
Adequate off-street parking shall be provided. Parking areas shall not be within 20 feet of a street line or within any required side or rear yard and shall be adequately screened from neighboring residential uses. Parking areas shall not have more than four spaces per dwelling unit.
10.
The home occupation shall comply with the environmental performance standards listed in § 230-6.3.
11.
Automotive repair shops operating out of a residential dwelling and which otherwise meet the criteria for a home occupation shall require a Special Permit from the Planning Board.