Haverhill City Zoning Code
SECTION 3
0 USE REGULATIONS
§ 3.1.1 Applicability of Use Regulations.
Except as provided in the Zoning Act or in this chapter, no building, structure or land shall be used except for the purposes permitted in the district as described in this section. Any use not listed shall be construed to be prohibited.
§ 3.1.2 Uses Subject to Other Regulations.
Uses permitted by right or by permit shall be subject, in addition to these use regulations, to all other provisions of this chapter.
§ 3.1.3 Table of Use and Parking Regulations; Key.
In Appendix A, Table 1: Table of Use and Parking Regulations, the uses permitted by right in the district shall be designated by "Y." Those uses that may be permitted by special permit from the Planning Board in the district shall be designated by "PB." Those uses that may be permitted by special permit from the Zoning Board of Appeals in the district shall be designated by "BA." Those uses that may be permitted by special permit from the City Council in the district shall be designated by "CC." Uses not allowed shall be designated as "N." The Table of Use and Parking Regulations, as referenced and included as Appendix A, is declared to be a part of this chapter.[1]
[1]
Editor's Note: Appendix A, Table 1: Table of Use Regulations, is included as an attachment to this chapter.
§ 3.2.1 General.
An accessory use shall be permitted only on the same lot as the building or use to which it is accessory, except as otherwise provided herein. When an accessory use may also be considered a principal use, it shall be treated as if it is an accessory use for the purposes of this provision.
§ 3.2.2 Nonresidential Accessory Uses.
The following nonresidential accessory uses are permitted as set forth in Table 1:[1]
1.
Temporary Construction Trailers. A trailer or mobile home shall be allowed as per Table 1 for each contractor or subcontractor for temporary use on a construction site, provided that it is removed from the site within 30 days after completion of said construction. A nonregistered trailer truck or truck body, with or without wheels, shall not be used in any zone as accessory storage for nonemergency use for more than 90 days, except on an active construction site.
2.
Trailer, Automobile, or Boat. Accessory storage of one trailer, one unregistered automobile and/or one boat shall be allowed as per Table 1.
3.
Accessory Scientific Uses. Any accessory activities necessary in connection with scientific research or scientific development or related productions as per Table 1.
[1]
Editor's Note: Appendix A, Table 1: Table of Use Regulations, is included as an attachment to this chapter.
§ 3.2.3 Residential Accessory Uses.
The following provisions shall apply to residential accessory uses and structures in the residential districts:
1.
Boarders in Single-Family Dwelling. The renting of rooms and/or furnishing of board to three or fewer persons in a single-family dwelling by the owner who is the occupant thereof shall be a permitted accessory use as per Table 1.[1]
[1]
Editor's Note: Appendix A, Table 1: Table of Use Regulations, is included as an attachment to this chapter.
2.
Prohibited Accessory Uses. In the residential districts, the following accessory uses are prohibited:
3.
Family Day-Care Homes. Small family day-care homes are allowed in all districts except CM as of right. Large family day-care homes are allowed in all districts except CM upon the issuance of a special permit by the Board of Appeals.
4.
Adult Day-Care Homes. Adult day-care homes are allowed in all districts as an accessory use only upon the issuance of a special permit by the Board of Appeals.
5.
Temporary Mobile Home. A mobile home occupied by the owner and occupier of a residence which has been destroyed by fire or other natural holocaust placed on the site of such residence to be resided in for a period not to exceed 12 months while the residence is being rebuilt. The mobile home shall be subject to the provisions of the State Sanitary Code.
§ 3.2.4.1 Purpose.
The purpose of this § 3.2.4 is to regulate the temporary use of certain residential and nonresidential storage containers and structures.
§ 3.2.4.2 Definitions.
See § 11.0, "Storage containers or structures."
§ 3.2.4.3 Requirements.
The residential or nonresidential accessory uses of regulated storage containers are permitted as follows:
1.
With the prior issuance of a regulated storage container permit from the City's Inspectional Service Department, the use of not more than two regulated storage containers for up to six consecutive months in a calendar year at a residential or nonresidential location is permitted.
2.
The use of more than two regulated storage containers, or the use of a regulated storage container for more than six months, shall require the issuance of a permit by the City Council. Prior to hearing any application for a permit, seven days' written notice of the application and the hearing date shall be sent to all immediate abutters by regular mail. Regulated storage containers must comply with all accessory setback requirements of this chapter.
§ 3.2.4.4 Violation/Penalty.
Upon notification of a violation of this section, an owner of the real property upon which the regulated storage container(s) is located shall have 48 hours to remove the offensive regulated storage container(s) from the property. Any owner of a building who fails to comply with this section shall thereafter be subject to a fine of $100 per day from the original date of written notice from the Building Inspector and or Local Building Inspector for each day the regulated storage container(s) remains on the property.
§ 3.3.1 Home Occupation - As Of Right.
One home occupation may be allowed on any premises as of 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.
Does not produce offensive noise, vibration, smoke, dust, odors, heat, lighting, electrical interference, radioactive emission or environmental pollution;
4.
Does not utilize exterior storage of material or equipment (including the parking of commercial vehicles);
5.
Does not exhibit any exterior indication of its presence or any variation from residential appearance;
6.
Does not produce any customer, pupil, or client trips to the occupation site and has no nonresident employees, except for not more than five music or art pupils at any time and only between the hours of 7:00 a.m. and 9:00 p.m., Monday through Saturday;
[Amended 1-25-2022 by Doc. 110-B]
7.
Is registered as a business with the City Clerk.
§ 3.3.2 Home Occupation - By Special Permit.
One or more home occupations may be allowed on any premises by special permit issued by the Board of Appeals, provided that:
2.
Is conducted within a dwelling solely by the person(s) occupying the dwelling as a primary residence and, in addition to the residents of the premises, by not more than three additional employees;
3.
Does not exhibit any exterior indication of its presence, or any variation from residential appearance, except for a sign or name plate in compliance with § 6.2;
4.
A special permit for such use is granted by the Board of Appeals, subject to conditions including, but not limited to, restriction of hours of operation, maximum floor area, off-street parking, and maximum number of daily customer vehicle trips. Such special permit shall expire upon the transfer of the property, and the new owner shall require a new special permit.