Great Barrington City Zoning Code
SECTION 3
0 Use Regulations
3.1 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 by General Laws. Any building or use of premises not herein expressly permitted is hereby prohibited.
3.1.1.
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 agencies.
3.1.2.
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.
3.1.3.
Symbols. Symbols employed in the Table of Use Regulations shall mean the following:
Y | - | Permitted as of right |
N | - | Prohibited |
BA | - | Special Permit/Board of Appeals |
PB | - | Special Permit/Planning Board |
SB | - | Special Permit/Selectboard |
3.1.4.
Table of use regulations. The Table of Use Regulations shall be as follows:[1]
[1]
Editor's Note: The Table of Use Regulations is included as an attachment to this chapter.
3.2 Accessory uses.
3.2.1.
General. A related minor use or structure which is either necessary to the operation or enjoyment of a lawful principal use, or appropriate, customarily incidental and subordinate to any such use, shall be permitted as an accessory use. Such use shall be permitted only on the same lot with or on an abutting lot in common ownership with the building to which it is accessory and shall be subject to the limitations set forth in this bylaw.
3.2.2.
Restrictions.
1.
No use shall be permitted in any district as an accessory use which increases the number of dwelling units on any lot beyond that which is permitted in that district or which constitutes in effect a conversion of a permitted use to one not permitted in that district, unless a dwelling unit is permitted as an accessory dwelling unit in accordance with Section 8.2.
2.
No accessory building shall be used as a dwelling, unless permitted in accordance with Section 8.2, or except in an Industrial District for the accommodation of a night watchman or janitor.
3.
An accessory building shall not be located in the front yard or nearer to any street line than the minimum setback in the zoning district in which it is located. No accessory building shall be within 10 feet of any side or rear lot line. An accessory building exceeding 15 feet in height shall conform to all minimum setback requirements for the zoning district.
4.
An accessory building in a Residence District shall not exceed 25 feet in height.
3.2.3.
Boarders. The renting of rooms or the furnishing of table board by a resident family to not more than three roomers or boarders is permitted, provided that no separate cooking facilities are maintained.
3.3 Home occupations.
3.3.1.
Purpose. It is the intent of this subsection to permit certain home occupations with reasonable safeguards in all zoning districts. It is not intended to allow retail stores in residential neighborhoods. The Inspector of Buildings shall issue a certificate of occupancy before such residence or accessory building(s) may be used for the purpose of a home occupation. Such certificate of occupancy shall be issued for the following incidental uses in the districts where permitted upon determination that all prescribed requirements and conditions are met for the applicable category as herein described.
3.3.2.
Permitted home occupations. Low-impact professional and customary home occupations, as defined in Section 11 of this bylaw, are permitted in the primary building or accessory building(s) except as otherwise restricted by this bylaw. If any professional or customary home occupation has more than one nonresident employee, it shall be considered a moderate-impact home occupation and shall be subject to the requirements of Section 3.3.3.
3.3.3.
Home occupations allowed by special permit. Moderate-impact home occupations, as defined in Section 11 of this bylaw, may be permitted in the primary building or accessory building(s) by special permit from the Selectboard in accordance with Sections 3.3.4 and 10.4.
3.3.4.
Special permit procedures. Application shall be made to the Selectboard which shall conduct a public hearing.
1.
Site plan review by the Planning Board shall be required.
2.
The home occupation shall not involve the use or storage of heavy vehicles (gross vehicle weight exceeding 14,000 pounds) or heavy equipment or involve trucking or warehousing activities.
3.
The only machinery used in the home occupation shall be powered by hand or electric motors of not more than five horsepower, or, in the case of air compressors, not more than eight horsepower.
4.
The special permit shall authorize the home occupation for an initial period not exceeding one year. Renewal, and any subsequent renewals, of the permit may be granted by the special permit granting authority for a period not to exceed three years, upon certification by the Building Inspector that the home occupation continues to comply with this bylaw. The special permit pertains only to the specific use of the original applicant and does not transfer with the property.
3.3.5.
Standards for home occupations.
1.
The principal residence of the owner/operator of every home occupation shall be the dwelling unit on the premises in which the home occupation operates.
2.
Home occupations shall be conducted within the principal building and/or accessory building(s) and shall be clearly incidental and secondary to a dwelling. No outdoor display or storage of materials, goods, supplies or equipment shall be permitted.
3.
The floor area for the home occupation shall not exceed 33% of the gross floor area of the dwelling unit and accessory building(s). In no case shall the space occupied by any home occupation(s) in an accessory building exceed 750 gross square feet on the same property.
4.
There shall be no ongoing retail trade, salesrooms, show windows or displays. All materials or supplies shall be stored within the 33% of the gross floor area allowed for use as a home occupation.
5.
Sale of articles produced elsewhere than on the premises and brought to the premises for the purpose of sale is not permitted. Catalog sales may be permitted at the discretion of the SPGA, provided that all other conditions of this bylaw are met.
7.
Low-impact home occupations may employ one person who is not residing on the premises on which such home occupation is allowed. Additional nonresident employees may be permitted only by special permit in accordance with Sections 3.3.4 and 10.4.
8.
An off-street parking area shall be provided in compliance with requirements of this bylaw.
9.
Hours of operation. In no case shall the home occupation be open to the public, including clients, visitors and deliveries, at times neither earlier than 8:00 a.m. nor later than 8:00 p.m.
10.
Home occupations shall comply with all local, state, or federal regulations pertinent to the activity pursued, and the requirements of or permission granted by this bylaw shall not be construed as an exemption from such regulations.