Harvard City Zoning Code
ARTICLE III
Use Groupings
§ 125-6 Intent.
[Added 3-6-1971 ATM by Art. 34]
It is the intent of this article to provide groupings of uses for selective inclusion as permitted uses in various types of districts. Uses as described herein are permitted in a particular district only as specifically permitted by the subsection for the particular district.
§ 125-7 Agricultural uses.
[Amended 3-5-1966 ATM by Art. 44; 3-6-1971 ATM by Arts. 33 and 34; 3-4-1972 ATM by Art. 44; 3-25-1978 ATM by Art. 23; 3-31-1990 ATM by Art. 18; 4-5-1997 ATM by Art. 46]
A.
General agriculture. Agriculture (see § 125-2, Definitions) conducted on a parcel of five or more acres in area shall not be subject to the provisions of § 125-20 of this Zoning Bylaw, provided that the otherwise prohibited activity constitutes or is accessory to a principal agricultural use, as set forth in G.L. c. 40A, § 3. Accessory uses may include:
(1)
An accessory camp for seasonal farm labor, approved by the Board of Health. A mobile home unit may be used for such a camp provided a permit issued by the Building Commissioner[1] is in effect. A permit shall be for a sixty-day period. A permit may be renewed for additional periods up to a total additional time of 50 days. Setbacks for structures shall apply to the extent permitted by law.
[1]
Editor's Note: References to the "Inspector of Buildings" throughout this bylaw were amended to read "Building Commissioner" 12-3-2002 STM by Art. 19.
(2)
An accessory farm stand for sales of natural produce principally from the premises or from other premises that are part of the same principal agricultural use including premises constituting a "farming use" pursuant to § 125-35D(2)(a)[4].
B.
Home farm. Agriculture (see § 125-2, Definitions) conducted on a parcel of less than five acres in area. A home farm shall be subject to the provisions of § 125-20 of this Zoning Bylaw. A home farm may include, but is not limited to, the following activities: rental of horse stalls, selling of its own produce to the public, and operation of a "you-pick" harvest.
[Amended 3-29-2003 ATM by Art. 37]
§ 125-8 Single residence use.
[Added 3-4-1972 ATM by Art. 44; amended 3-4-1972 ATM by Art. 45; 3-25-1978 ATM by Art. 23; 3-27-1982 ATM by Art. 36; 11-16-1987 STM by Art. 12; 4-5-1997 ATM by Art. 44]
A.
Primary uses.
(1)
Detached one-family dwelling. An amateur-radio tower may be a permitted accessory structure.
(2)
A mobile home unit only as a temporary detached one-family dwelling provided a permit issued by the Building Commissioner is in effect. An initial permit shall be for a thirty-day period. A permit may be renewed for additional periods of up to 120 days for each renewal, up to a total additional time of one year only if the applicant has a building permit for a detached one-family dwelling on the lot and is diligently carrying on construction. Board of Health regulations and setbacks for dwellings apply to such mobile home units. This Subsection A(2) applies to any mobile home unit, however mounted.
B.
Secondary uses. The following secondary uses may accompany use of the premises for Subsection A above provided the external character of the premises is that of a customary single residence and said secondary uses are clearly subordinate and incidental to the primary use in Subsection A(1) above:
(1)
Home occupations not including retail or wholesale trade or showroom on the premises, conducted in a dwelling or building accessory thereto by the resident family.
(2)
Renting of rooms or furnishing of board to non-transients in a dwelling by the resident family.
§ 125-9 Multiple residence use.
[Added 3-7-1970 ATM by Art. 46; amended 3-6-1971 ATM by Arts. 33 and 34]
Multiple residence use is subject to § 125-39, Site standards, and:
A.
An individual lot for each multifamily dwelling shall be a lot in undivided ownership conforming to § 125-29, Lot size standards, and having additional land area of 1.50 acres for each dwelling unit beyond the first.
[Amended 3-4-1972 ATM by Art. 45; 3-3-1973 ATM by Art. 37; 3-25-1978 ATM by Art. 23; 11-16-1987 STM by Art. 12]
B.
Building length shall be no more than 150 feet, and any garage structure shall be no more than one story in height. The lowest floor level of a dwelling unit shall be at least partly above grade. Any one multiple residence shall contain no more than eight dwelling units.
[Amended 3-4-1972 ATM by Art. 46]
C.
Development shall provide pedestrianways (footpaths) for circulation and for access to schools, parks, open space areas, playgrounds, shopping or other similar facilities.
§ 125-10 Conversion for multiple residence.
[Amended 3-6-1971 ATM by Arts. 33 and 34; 3-4-1972 ATM by Art. 46; 3-3-1973 ATM by Art. 37; 4-5-1986 ATM by Art. 38]
It is the intent to provide, where suitable, for conversion for multiple residence in undivided ownership, including subsidized multiple residence, of pre-existing dwellings (and their accessory barns, if any) which, because of oversize or other condition, cannot reasonably be continued or adapted for the existing use or other use regularly permitted in the district, and at the same time preserve the character of the AR District as one primarily for compatible agriculture and single-family residence. As used here, the word "barn" refers to an accessory structure, having a volume of at least 15,000 cubic feet, that was built with and retains the foundations and structural integrity to support the floor, joist, column, and roof loadings required for the proposed conversion; actual antecedent agricultural use is not a consideration. Any such conversion shall be by special permit (see § 125-46, Special permits) authorized by the Board of Appeals, subject to § 125-39A(1), and provided:
A.
The dwelling (and its accessory barn, if any) was in existence on March 6, 1965, and is not significantly enlarged from its size at that time;
B.
External character of the premises (including the barn, if any) is and will continue to be that of a customary one-family residence;
C.
The lot has land area conforming to lot size standards with additional land area of at least 0.50 acre for each dwelling unit beyond the first;
D.
The lowest floor level of a dwelling unit shall be at least partly above grade;
E.
The parking area shall be screened from view from neighboring properties and streets as provided in § 125-39D if it will be larger than a parking area normally used by a customary single-family dwelling;
[Amended 3-29-2003 ATM by Art. 37]
F.
The septic system, including the leaching facility and its expansion area, shall be located in land having a grade of less than 8%, be easily accessible by cleaning and repair vehicles, and be no more than the greater of 500 feet from the street or 200 feet from the building served;
G.
The Board of Appeals, after considering the land and soil type characteristics, including the ability of the soil to absorb expected quantities of sewage disposal effluent, the degree of filtration of effluent before entering bedrock fissures or other groundwater supply, and the characteristics of the soil with respect to surface water runoff, specifically finds that the conversion, including the parking area and septic system, will not result in substantial increase in surface water runoff to neighboring properties or streets, or substantial danger of pollution or contamination of groundwater supply, a groundwater absorption area, a well, pond, stream, watercourse, W District, or inland wetland, and specifically finds and requires that the increased surface water runoff that results from the development shall be retained within the lot in which it originates or shall be discharged into existing identifiable watercourses without material impact on abutting properties;
H.
Written evidence of final approval by the Board of Health as to water supply and sewage disposal for the proposed conversion is submitted with and as part of the application for special permit;
I.
The dwelling (and its accessory barn, if any) shall remain in undivided ownership.[1]
[1]
Editor's Note: Original Sec. 4.4j, which immediately followed this subsection and dealt with the conversion of an accessory barn, was deleted 11-7-1992 STM by Art. 8.
§ 125-11 Conversion of seasonal residence.
[Added 3-3-1973 ATM by Art. 34; amended 3-25-1978 ATM by Art. 23]
Conversion of a lawful existing seasonal residence for use as a permitted year-round residence and for which the lot is not conforming to the lot size standards of the Bylaw is subject to special permit (see § 125-46, Special permits) authorized by the Board of Appeals. Any application for such permit shall also be referred to the Board of Health for report in the same fashion as for the Planning Board.
A.
Such a permit shall be authorized only if:
(1)
Minimum Standards of Fitness for Human Habitation and Minimum Requirements for Subsurface Disposal of Sanitary Sewage (Chapter II and Title V of the State Sanitary Code) and any additional requirements of the Board of Health are all met for permanent year-round residence; and
[Amended 11-7-1992 STM by Art. 12]
(2)
The Board of Appeals finds that similar such conversion of all seasonal residences in the general area having lots similar (or less limited) in lot size and land and soil type characteristics would not result in substantial danger of contamination of the groundwater supply or of any pond or stream; the ability of the soil to absorb expected quantities of sewage disposal effluent, the degree of filtration of effluent before entering bedrock fissures or other groundwater supply, and other characteristics of the land and soil types shall be considered.
B.
"Seasonal residence" includes summer cottages and other part-time residences not previously reviewed and approved as meeting requirements of the Board of Health for year-round residence.
§ 125-12 Small-scale commercial uses.
[Added 3-4-1972 ATM by Art. 44; amended 3-27-1982 ATM by Art. 38; 4-5-1986 ATM by Art. 39]
Uses are subject to § 125-39, Site standards.
A.
Legal, accounting, consulting, architectural, engineering, surveying, real estate, insurance or similar professional office.
B.
Offices for agents for industrial, distributing, and wholesale companies.
C.
Travel agency or office.
D.
Secretarial services; telephone answering service.
E.
Photocopying service.
F.
Artisan and craft studio including photography studio; artist studio, craftsperson such as silversmith or woodworking, or other artisan's studio.
[Amended 10-28-2019 STM by Art. 22]
G.
Florist, gift, stationery, or antiques shop.
H.
Repair and alteration of non-motorized or non-electronic small personal goods such as but not limited to shoes and leather wares, wearing apparel and accessories.
[Amended 10-28-2019 STM by Art. 22]
I.
Repair shop for musical instruments.
§ 125-13 Medium-scale commercial uses.
[Added 3-4-1972 ATM by Art. 44; amended 3-25-1978 ATM by Art. 23; 4-5-1986 ATM by Art. 39]
Uses are subject to § 125-39, Site standards.
A.
Medical or dental office.
B.
Automated teller machine.
C.
Personal or business service including barber or beauty salon, shoe repair, tailoring, business or trade schools, photocopying, and locksmith.
[Amended 10-28-2019 STM by Art. 22]
D.
Repair of non-motorized household goods such as but not limited to home furnishings, appliances, electronics, and upholstery.
[Amended 10-28-2019 STM by Art. 22]
E.
Sales, rental, and repair of non-motorized bicycles.
[Amended 10-28-2019 STM by Art. 22]
F.
An inn or bed-and-breakfast establishment.
[Amended 3-29-2003 ATM by Art. 39]
G.
Dry cleaning and laundry pick-up station: An establishment where customers drop-off and pick up garments or articles that are sent to another location for cleaning or laundering. A dry cleaning and laundry pick-up station does not include on-site dry cleaning or laundry facilities.
[Amended 10-28-2019 STM by Art. 22]
H.
Nursery school, kindergarten, or day-care center for preschool children.
I.
Sales and service for outboard motors, lawn mowers, snow-throwers, garden tractors, snowmobiles, and similar small engine equipment for off-street use only and not including rental for driveaway operation.
J.
Store, showroom, salesroom for the conduct of retail business, including a grocery, hardware, clothing, drug, or general store, not including auto sales, which uses shall not exceed 15,000 square feet of gross floor area of building space.
[Amended 3-27-2004 ATM by Art. 39]
K.
Sales and distribution of medical supplies and equipment, but not storage of toxic or virulent substances.
L.
Catering service, delicatessen or other food market or a permitted eating establishment.
M.
Research and development services. Establishments primarily engaged in industrial or scientific research, including limited product testing. This classification includes electronic research firms or pharmaceutical research laboratories, but excludes manufacturing, except of prototypes, or medical testing and analysis and no storage of toxic or virulent substances.
[Amended 10-28-2019 STM by Art. 22]
N.
Accessory farm stand for sales of natural produce.
O.
Banking or equivalent financial institution, with or without automated teller facility.
[Amended 10-28-2019 STM by Art. 22]
P.
Restaurant or other food service establishment whose principal business is the sale of prepared foods or beverages that are either consumed on the premises or carried out by retail customers from the premises.
[Amended 10-28-2019 STM by Art. 22]
Q.
Broadcast station, newspaper, publishing, printing.
R.
Commercial entertainment and outdoor recreation, limited (outdoor and daylight hours only); golf, swimming, tennis, equestrian or polo, playground, tennis, fishing, boating, skating, swimming, fitness, or similar sports, but not motorized sports or a golf driving range.
[Amended 10-28-2019 STM by Art. 22]
S.
Shops and sales of supplies for plumbing, electrical, carpentry, cabinetmaking, plastering, masonry, glass, and similar work.
T.
Landscaping services involving equipment parking.
U.
Kennel and/or veterinary services.
V.
Mortuary.
W.
Nursing home; extended or intermediate-care facility licensed or approved to provide full-time convalescent or chronic care.
X.
Mobile storage, transfer, and distribution of fuel and petroleum products, not to exceed 5,000 gallons.
Y.
Warehousing and storage of common household goods, personal property, office equipment supplies and records, inventory and equipment owned by a municipality or any type of business allowed under § 125-12, Small-scale commercial uses, and this § 125-13, Medium-scale commercial uses. Stored/warehoused motorized vehicles and equipment shall contain no more than 3/4 of a tank of petroleum-based fuel per vehicle or piece of equipment, and while stored/warehoused shall remain disconnected from all electrical sources, including batteries. All propane tanks/cylinders not physically mounted on, or in, a stored/warehoused vehicle/piece of equipment shall be stored in one securely caged location per building. However, the following uses are specifically prohibited: warehousing or storage of toxic or virulent materials, hazardous or medical wastes, and self-storage facilities.
[Added 12-8-1998 STM by Art. 14]
Z.
Mixed-use village development (MUVD).
[Added 3-27-2004 ATM by Art. 39]
(1)
Multifamily residential use, where such use is integrated with a commercial use constituting 30% or more of the proposed development or total gross floor area.
(2)
Grocery store greater than 15,000 square feet of gross floor area, subject to the issuance of an Ayer Road Village Special Permit, § 125-52.
(3)
Eating establishments with live musical entertainment.
(4)
Small screen arts theatre with not more than one screen.
AA.
Assisted living facilities.
[Added 4-5-2016 ATM by Art. 52]
AB.
Micro-brewery, micro-cidery, micro-winery, micro-meadery:
[Added 11-6-2017 STM by Art. 3]
(1)
Retail sales of beverages produced on the premises are permitted along with retail sales of products associated with the brand, such as glassware, clothing and other marketing or promotional articles. Retail sales area may occupy no more than 25% of the floor area devoted to beverage processing and storage.
(2)
Tasting rooms may only serve alcoholic beverages produced by the facility.
(3)
A taproom, where beverages produced on the premises are sold and consumed on the premises, requires a special permit from the Planning Board.
(4)
Special events and activities, such as factory tours, weddings, and marketing events, are permitted, subject to obtaining special event permits that other departments may require.
(5)
This section is not intended to restrict the ability to conduct any use incidental to agriculture allowed by M.G.L. c. 40A, § 3, and the definition of agriculture in M.G.L. c. 128, § 1A.
AC.
Adult or family day health or day care.
[Added 10-28-2019 STM by Art. 22]
§ 125-14 Large-scale commercial uses.
[Added 3-4-1972 ATM by Art. 44; amended 3-3-1973 ATM by Art. 37; 3-27-1982 ATM by Art. 38; 4-5-1986 ATM by Art. 39]
Uses are subject to § 125-39, Site standards.
A.
Commercial greenhouse.
B.
Light manufacturing in which no more than 12 persons are engaged at any one time in forming, assembly, processing, and similar actual manufacturing operations, and in which all raw materials and finished products are stored inside the structure.
C.
Machine, welding, brazing or similar shop.
D.
Commercial entertainment and recreation: indoor with sound isolation from other premises; bowling alley, skating rink, theater, swimming pool, racquet sports, fitness center.
E.
Farm machinery sales and service.
F.
Auto repair garage or body shop; sales of auto accessories with installation on the premises. For purposes of this subsection "auto" includes cars, trucks up to 7,500 pounds gross vehicle weight, buses, motorcycles, and other vehicles for on-street use.[1]
[1]
Editor's Note: Original § 4.9, Industrial uses, added 3-4-1972 ATM by Art. 44, which immediately followed this section, was revised to read "Reserved" 4-5-1986 ATM by Art. 39 and has been removed from this chapter. Former Subsection G, regarding storage, parking, and incidental maintenance of construction and maintenance equipment, added 3-28-1998 ATM by Art. 29, and Subsection H, regarding certain warehousing and storage uses, added 12-9-1998 STM by Art. 14, which immediately followed this subsection, were repealed 3-27-2004 ATM by Art. 39.
G.
Marijuana establishment. In the C district, a marijuana establishment may be allowed by special permit (see § 125-46, Special permits) authorized by the Planning Board if in compliance with site plan standards and design review in § 125-38 provided that:
[Added 4-1-2014 ATM by Art. 45; amended 5-5-2018 ATM by Art. 33]
(1)
A marijuana establishment shall not be sited within a radius of 500 feet of a public or private school, day-care center, or any facility in which children commonly congregate. The five-hundred-foot distance shall be measured in a straight line from the nearest point of the facility in question to the nearest point of the proposed marijuana establishment;
(2)
The Planning Board shall not approve a special permit for more than one marijuana establishment;
(3)
The total square footage of a marijuana establishment shall not exceed 6,000 square feet, of which not more than 1,500 square feet shall be retail floor sales space; all activity shall be contained within a permanent building;
(4)
The site plan shall show all exterior proposed security measures for the premises, including, but not limited to, lighting, fencing, gates and alarms, ensuring the safety of employees and patrons and to protect the premises from theft or other criminal activity;
(5)
Hours of operation shall be between 10:00 a.m. and 8:00 p.m. seven days per week;
(6)
Prior to obtaining a certificate of occupancy or operation, an applicant shall possess a license from the Cannabis Control Commission to operate a marijuana establishment and comply with the Commission's regulations at all times; and have negotiated and entered into a host community agreement with the Select Board;
[Amended 10-22-2018 STM by Art. 2]
(7)
No building or parking area of a marijuana establishment shall be located within 200 feet of an Agricultural Residential District;
(8)
Signs advertising brands of marijuana products shall not be visible from a public way and shall comply with § 125-41, Signs;
(9)
The applicant shall negotiate a host community agreement and impact fee with the Select Board prior to opening; and as part of the site plan review, applicant must get approval of the security plan from the Chief of Police;
[Amended 10-22-2018 STM by Art. 2]
(10)
A special permit is granted exclusively to the applicant and may not be transferred.
H.
Adult entertainment uses:
[Added 3-28-2015 ATM by Art. 43]
(1)
Purpose. This bylaw is enacted pursuant to the Town's authority under the Home Rule Amendment to the Massachusetts Constitution to serve the compelling Town interest of preventing the clustering and concentration of adult entertainment enterprises as defined herein because of their deleterious effect on adjacent areas and in response to studies demonstrating their effect in generating crime and blight.
(2)
Special permit criteria. In the C District, the Planning Board shall grant a special permit for an adult bookstore, adult video store, adult paraphernalia store, adult motion picture theatre, or establishment which displays live nudity for its patrons unless the Board finds that:
(a)
The adult use would adversely affect the public health, safety or welfare.
(b)
The adult use would have severe traffic safety or congestion impacts that cannot be remedied without severe disruption to the neighborhood.
(c)
Sound produced by music, loudspeakers, or patrons would be discernible by the public beyond the walls of the premises.
(d)
Sign content identifies only the name of the establishment and contains no advertisement for activities within.
(3)
Standards. The adult use shall conform to the site plan standards in § 125-38 and the following requirements:
(a)
No such use may be located within 500 feet of a property in residential use, 200 feet of the Commercial District boundary, 400 feet of Ayer Road, or 500 feet of a school, church, child care facility, park, playground or another adult entertainment use.
(b)
No special permit shall be issued to any person convicted of violating the provisions of M.G.L. Ch. 119, § 63, or M.G.L. Ch. 272, § 28.
(c)
No store which rents and/or sells videos shall have any adult videos openly displayed in the same public viewing area as non-adult videos. Said adult videos shall be displayed in a separate room from the non-adult videos, which is to be constructed to prevent the view of adult video stock by the general public unless they enter the room itself. Said enclosure shall have only one entrance and be located to ensure proper monitoring.
(d)
No pictures, publications, videotapes, movies, covers, or other implements, items, or advertising that fall within the definition of adult entertainment enterprise merchandise or are erotic, prurient, or related to violence, sadism, or sexual exploitation shall be displayed in the windows of, or on the building of, any adult entertainment enterprise, or be visible to the public from pedestrian sidewalks or walkways or from other areas, public or semi-public, outside such establishments.
I.
Media production. Establishments engaged in the production of movies, video, music and similar forms of intellectual property. Typical facilities include movie and recording studios and production facilities, distribution facilities, editing facilities, catering facilities, printing facilities, post-production facilities, set construction facilities, sound studios, special effects facilities and other entertainment-related production operations. This classification does not include facilities for live audiences or transmission and receiving equipment for radio or television broadcasting (See Communication Facilities [R.] above[2]).
[Added 10-28-2019 STM by Art. 22]
(1)
Support facilities. Administrative and technical production support facilities such as offices, editing and sound recording studios, film laboratories, and similar functions that occur entirely within a building.
(2)
Full-service facilities. Indoor and outdoor production facilities, distribution facilities, post-production facilities, set construction facilities, sound stages, special effects facilities, and other media-related production operations.
[2]
Editor’s Note: So in original.
§ 125-15 Earthmoving.
[Added 3-7-1970 ATM by Art. 47; amended 3-6-1971 ATM by Art. 34; 6-26-1972 STM by Art. 5; 3-25-1978 ATM by Art. 23; 3-27-1993 ATM by Arts. 19 and Art. 22]
Moving of soil and stone within the premises is permitted except as otherwise limited.
A.
Removal of soil and stone from the premises or landfilling from off the premises is permitted, except as otherwise limited:
(1)
As an accessory use provided the gross amount removed is less than 2,000 cubic yards; removal of more than 15 cubic yards per year is accessory only if the removal is from the site of and incidental to grading required for permitted construction of a structure or way or fire pond; or
(2)
For construction of or, if authorized by the Select Board by special permit (see § 125-46, Special permits), operation of public works by the Town of Harvard or other public body.
[Amended 10-22-2018 STM by Art. 2]
B.
The Select Board may authorize other soil removal operations by special permit (see § 125-46, Special permits). Such soil removal shall be limited in scale and meet the following standards:
[Amended 10-22-2018 STM by Art. 2]
(1)
Except for one access driveway, all operations, including loading and excavation of earth material and parking and storage of equipment and material, shall be set back at least 100 feet from lot boundaries and at least 300 feet from the center line of any street.
(2)
Excavation shall be conducted on no more than one acre for each year of the permit, averaged over the duration of the permit.
(3)
Lot area shall be at least 15 acres.
(4)
No more than 25,000 cubic yards of earth material shall be removed from the lot in any one year.
(5)
Upon completion of all excavation and of each substantial portion thereof, the disturbed area shall be restored by:
(a)
Clearing of stumps and boulders by burial or removal from the lot; and
(b)
Regrading with slopes not exceeding 1:4 (1 foot vertical to 4 feet horizontal), except not exceeding 1:3 where natural slopes exceeded 1:4, and with drainage free of erosion; and
(c)
Providing at least four inches of topsoil over at least two feet of subsoil, after compacting or settling, or by restoring the land, whichever is lesser; and
(d)
Providing a suitable ground cover.
C.
In authorizing such a permit, the Board shall, among other things, limit the depths of excavation and hours of operation, and require security sufficient to assure restoration of the area. Any such permit shall be for not more than three years. A site plan is required; however site standards are not generally applicable.
D.
The Board may relax standards in Subsection B(1), (2), (3), (4) or (5) in a specific case, but only if it finds that the soil removal and each specific relaxation is clearly advantageous to the neighborhood and the community, and that each relaxation as granted is the minimum which will achieve such advantage.
§ 125-16 Institutional uses.
[Added 3-7-1970 ATM by Art. 46; amended 3-6-1971 ATM by Art. 34; 3-3-1973 ATM by Arts. 35 and 36; 3-25-1978 ATM by Art. 23]
(See the Zoning Act, Section 3). Development is subject to § 125-39, Site standards, except for ways and for emergency access lanes for a fire, police, or other emergency service station. [Amended 11-30-1999 STM by Art. 12] |
A.
Parks, conservation, water supply areas, or other open space.
B.
Church or other religious purpose.
C.
Educational purposes on land owned or leased by the Commonwealth or its agencies, subdivisions or bodies politic, or by a religious sect or denomination, or by a nonprofit educational corporation.
D.
Town uses including: Way, as provided in § 125-41I, Off-site signs on Town ways; Town library, Town museum, Town office or Town hall; or Town protective services; other use by the Town of Harvard by special permit (see § 125-46, Special permits) authorized by the Select Board.
[Amended 3-29-2008 ATM by Art. 25; 10-22-2018 STM by Art. 2]
E.
Public service corporation with no service yard or garage, subject to special permit (see § 125-46, Special permits) authorized by the Board of Appeals, except for a corporation or other business enterprise which provides wireless communications services to the public.
[Amended 6-19-1997 STM by Art. 6]
F.
Charitable institution, or a social and recreation club not including living quarters, tax exempt under the U.S. Internal Revenue Code, subject to special permit (see § 125-46, Special permits) authorized by the Board of Appeals.
G.
Burial places or cemeteries on and under land owned by religious institutions, the Town or a cemetery corporation.
[Added 3-29-2003 ATM by Art. 35]
H.
Museums, as defined in § 125-2, with the following provisions:
[Added 3-29-2008 ATM by Art. 25]
(1)
The lot occupied by a museum must have a minimum area of 2.5 acres and access frontage of at least 180 feet.
(2)
Museums may have a permanent on-site eating establishment and/or an on-site social function facility, provided that they have obtained the required permits and licenses from the Select Board and Board of Health and comply with all provisions and conditions of such permits and licenses.
[Amended 10-22-2018 STM by Art. 2]
(3)
The seating capacity of such a permanent on-site eating establishment shall be limited to 100; the seating capacity of such an on-site social function facility shall be limited to 180.
(4)
Such an on-site eating establishment and/or social function facility shall serve to fund the museum’s operations.
(5)
If alcoholic beverages shall be served or sold in any such on-site eating establishment or social function facility permitted by Subsection H(2) and (3) above, then the establishment or facility must be setback by at least 500 feet from any off-site building used for residential purposes, except for accessory structures without living quarters.
§ 125-17 Off-site uses.
[Added 3-25-1978 ATM by Art. 23]
(See the Zoning Act, Section 9.)
A.
It is the intent to provide for activities, such as a range for measuring microwave antenna characteristics, which may require incidental use of a second site remote from the primary site, and which, with suitable conditions, safeguards, and limitations, may be an acceptable use.
B.
An off-site use, incidental to an activity being carried on as a matter of right (i.e., as a conforming use not requiring a special permit) at the primary site and not otherwise a permitted use at the proposed site, may be authorized by special permit (see § 125-46, Special permits) by the Board of Appeals, provided that:
(1)
The incidental use, if conducted on site, would be accessory to said activity; and
(2)
The Board finds said activity is necessary in connection with scientific research or scientific development or related production; and
(3)
The Board finds that the proposed off-site incidental use will not substantially derogate from the public good.
§ 125-18.1 Accessory dwelling units. [1]
[Added 3-27-1982 ATM by Art. 37; amended 4-5-1986 ATM by Art. 33; 3-25-2006 ATM by Art. 10; 11-6-2017 STM by Art. 1; 5-15-2021 ATM by Art. 21]
Intent. The intent of this bylaw is to provide the owner of a single-family residence the opportunity to establish an accessory dwelling unit (ADU) in a section of the residence or in an accessory building with no change in the principal use of the premises. The establishment of such ADU will be by special permit issued by the Zoning Board of Appeals, unless otherwise specified below. The outside appearance of the premises shall remain that of a single-family residence. The unit is for the use of a limited number of persons, with no restriction on the relationship of the occupants to the owner. To be considered a separate unit, the ADU must have its own kitchen, sleeping, and interior toilet and bath facilities, as well as a separate entrance. To be considered accessory, the apartment shall be restricted in size relative to the primary residence, and must be clearly accessory and subordinate to the principal use of the premises as a single-family residence. Any such unit shall provide adequate privacy, safety, and convenience for the occupants. Establishment of an ADU shall be as follows:
A.
Requirements.
(1)
Number and approach: One ADU on a premises can be established, provided the applicant demonstrates adherence with the provisions of this section:
(a)
By special permit from the Zoning Board of Appeals; or
(b)
By right, provided the unit is designed and constructed according to the age-appropriate design criteria as defined in § 125-57E of the Protective Bylaw.
(2)
Dimensional requirements: The unit or units shall meet the following dimensional limitations:
(a)
The ADU, whether located in a detached accessory structure or in the primary residence structure, shall occupy a maximum of 1,500 square feet, but in no case shall the total square footage of the ADU exceed 1/2 of the total habitable floor area of the primary residence.
(b)
Consistent with minimum square footage (State Sanitary Code, Chapter II, 105 CMR 410.000).
(3)
Design: Accessory dwelling units shall be designed and constructed as follows:
(a)
The outside appearance of the residence and premises shall remain that of a single-family home.
(b)
The ADU shall have its own separate entrance from the outside.
(c)
The ADU shall have its own kitchen, sleeping, interior toilet, and bathing facilities.
(d)
The rooms in the ADU shall have adequate ventilation and shall have heat that is adequately supplied and controlled.
(e)
The ADU shall comply with all health and safety requirements for residences.
(4)
Water and wastewater: The creation of any ADU must comply with 310 CMR 15.000: Septic Systems ("Title 5") and its successors and standard Board of Health regulations for any increase in bedrooms being served by the system.
B.
Limitations. The special permit and/or building permit shall be issued only if the application contains the following limitations and conditions:
(1)
The owner(s) shall continue to reside on the property as their principal residence.
(2)
The occupancy of any ADU shall be consistent with the requirements of 105 CMR 410.000.
(3)
All turnaround and parking areas shall be provided on the lot. As viewed from the street, turnaround and parking area should be that of a single-family home.
C.
Site plan standards. A special permit and/or building permit issued under this section, by itself, does not require separate site plan review under § 125-39. However, if any ADU results in new building area on the lot, an engineered site plan shall be required showing the addition and all relevant zoning dimensions to determine compliance with this section.
D.
Review and approval. Accessory dwelling units shall be reviewed based on whether the unit includes age-appropriate design features as follows:
(1)
For accessory dwelling units that are not designed according to the age-appropriate design criteria provided in § 125-57E, Age-appropriate design, applicants are required to apply to the Zoning Board of Appeals for a special permit. Applications shall include an application form, filing fee, engineered site plan as applicable, and building plans and elevations showing sufficient detail to determine compliance with this section.
(2)
For accessory dwelling units that are designed according to the age-appropriate design criteria provided in § 125-57E, Age-appropriate design, applicants are required to apply to the Building Commissioner for a building permit. Applications shall include an application form, filing fee, engineered site plan as applicable, and building plans and elevations showing sufficient detail to determine compliance with this section.
(3)
A copy of the application packet shall be provided to other interested Town boards, officials and departments for advice and recommendations. Board of Health approval shall be required.[2]
[2]
Editor's Note: Former § 125-18.2, Affordable accessory apartment, added 4-28-2012 ATM by Art. 42, amended 10-22-2018 STM by Art. 2, which immediately followed this section, was repealed 10-16-2021 ATM by Art. 3.
[1]
Editor's Note: Former § 125-18 was redesignated as § 128-18.1 4-28-2012 ATM by Art. 42.
