Hopkinton City Zoning Code
ARTICLE VII
Rural Business BR District
[Added 10-10-1984 STM by Art. 20; amended 4-8-1985 ATM by Art. 15; 4-15-1988 ATM by Art. 53 and Art. 66; 5-2-1994 ATM by Art. 18; 5-6-1996 ATM by Art. 37; 5-5-2003 ATM by Art. 27; 5-2-2005 ATM by Art. 30; 5-4-2009 ATM by Art. 18; 5-4-2009 ATM by Art. 25; 5-3-2010 ATM by Art. 46; 5-2-2011 ATM by Art. 47; 5-7-2012 by Art. 46; 5-7-2012 ATM by Art. 475-6-2014 ATM by Art. 31]
§ 210-21 Development and design objectives.
The purpose of the Rural Business (BR) District is to provide for appropriate development of commercial areas outside the center of town. Their location and design should be such that commercial activities can be performed without impeding local travel, disturbing residential neighborhoods or detracting from the appearance of the town, especially at any principal entrance thereto.
§ 210-22 Dimensional requirements.
The following size and setback requirements shall apply:
A.
Minimum lot area: 45,000 square feet.
B.
Maximum lot coverage: 25%.
C.
Minimum lot frontage: 200 feet.
D.
Minimum setback from street line: 50 feet.
E.
Minimum side yard width: 10 feet except that the side yard depth shall be 25 feet from abutting property used partially or wholly for residential purposes at the time of application.
F.
Minimum rear yard depth: 20 feet except that the rear yard depth shall be 40 feet from residential district zoning boundaries.
G.
Maximum building height: 35 feet.
§ 210-23 Permitted uses.
[Amended 5-1-2017 ATM by Art. 33]
The following land uses and building uses shall be permitted in a BR District. Any uses not so permitted are excluded unless otherwise permitted by law or the terms hereof.
A.
Restaurant.
B.
Retail store, provided that not more than six employees are on the premises.
C.
Business, medical or professional office, and bank.
D.
Retail business: retail service or public utility use involving manufacturing, clearly incidental and accessory to a retail use, on the same premises, and the product is customarily sold on the premises, provided that not more than six operators are employed in such manufacturing.
E.
On-site residence of owner or employee of a permitted use.
F.
Accessory uses.
G.
Health services facility.
§ 210-24 Uses allowed by special permit.
[Amended 5-6-2015 ATM by Art. 39]
A.
The following uses shall be allowed in the BR District upon the granting of a Special Permit by the Board of Appeals:
(1)
Filling station and routine automobile maintenance, but not including major repairs.
(2)
Single-family residence.
(3)
Live commercial entertainment and places of assembly.
(4)
Veterinary clinic.
(5)
Continuing Care Retirement Community Facility/Assisted Living Facility/Nursing Home Facility.
B.
The following uses shall be allowed in a BR District upon the granting of a Special Permit by the Planning Board:
(1)
Drive-in, drive-through, or drive-up use, excluding the dispensing of food or drink; provided, however that:
(a)
An adequate dedicated area for at least four vehicles to queue shall be provided on the premises, and
(b)
Notification of the public hearing for such Special Permit shall be mailed to the owners of all properties within 1,000 feet of the premises.
(2)
Registered Marijuana Dispensary (RMD).
§ 210-26 Design requirements.
A.
Loading zone: as for IA District, § 210-29.
B.
Outdoor storage or display of merchandise or equipment: as for IA District, § 210-30.
C.
Landscaping: A landscaped area 12 feet in depth shall be provided along the street frontage of a lot.
D.
Screening adjacent to residence districts. The minimum setback area adjacent to a lot in a Residence A, Residence B, Residence Lake Front or Agricultural district shall be maintained in a wooded state to provide effective year-round screening of abutting property. All outdoor activity in a BR District, including parking, shall be screened as viewed from the ground. Acceptable screening may be a band of dense natural woodland 20 or more feet wide, differences in elevation sufficient to shield the view as required, an opaque fence or wall or evergreens planted to form a dense hedge of the required height within three years.