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Lanesborough City Zoning Code

ARTICLE IV

Use Regulations

§ 165-8 Uses permitted.

Uses permitted as a matter of right in a district are denoted by a "✓" under the district heading in the Table of Permitted Uses. The uses are subject to restrictions specified elsewhere in this bylaw.

§ 165-9 Uses requiring special permits.

Uses designated "ZBA" (Zoning Board of Appeals) or "PBP" (Planning Board Permit) in the Table of Permitted Uses may be authorized by special permit of the SPGA (special permit granting authority), in accordance with the provisions of § 165-43 of this bylaw.

§ 165-10 Table of Permitted Uses.

Buildings, structures and premises may be used for any of the following purposes listed in the Table of Permitted Uses under the appropriate districts:
Table of Permitted Uses
[Amended 6-8-2021 ATM by Art. 27; 1-22-2022 STM by Art. 15; 6-13-2023 by Art. 28]
R
R-A
B
LB
MC
I
RESIDENTIAL USES
Single dwelling unit
Double dwelling unit
Multi-unit dwelling (3 to 4 units)
Conversion of a single to a double dwelling unit
Conversion of a single or double dwelling unit to multi-unit dwellings
Apartment building complex
PBP
PBP
PBP
ACCESSORY USES
Accessory uses such as but not limited to patios, breeze-ways, outdoor fireplaces, storage sheds, and swimming pools
Practice of a profession by a surgeon, physician, clergyman, architect, engineer, attorney or similar professional person in a dwelling without limit as to resident employees but with a limit of 1 nonresident employee and provided there is no external evidence of any profession other than permitted signs
Practice of a profession by a surgeon, physician, clergyman, architect, engineer, attorney or similar professional person in a dwelling, or office building without limit to as to the number of employees and provided there is no external evidence of any profession other than permitted signs
The use of a room or rooms in a dwelling or accessory building for a home occupation or trade conducted by a resident of the dwelling without limit as to resident employees but with a limit of 1 nonresident employee and provided there is no external evidence of any business other than permitted signs
Bed-and-breakfast
Renting of rooms and/or providing of board to not more than 4 persons in a dwelling
Exterior dining area
Detached accessory dwelling units
Accessory solar photovoltaic installation
Energy storage system
AGRICULTURAL USES
The use of land or structures for the primary purpose of agriculture, horticulture, floriculture or viticulture, including facilities for the sale of produce, wine and dairy products insofar as a majority of such products for sale have been produced by the owner of the land on which the sales facility is located, provided that:
a.
Such activities are limited to parcels of more than 5 acres except in R-A Zones
b.
Piggeries and fur farms shall be located 500 feet from any lot line, except that 1 or 2 pigs may be kept in an R-A Zone only in a suitable structure no less than 75 feet from any lot line
c.
Any land used for the pasturing of animals must be properly fenced
d.
Structures, shelters and waste storage for farm animals shall be located 75 feet from any lot line
Raising of crops not for commercial use
Keeping of fowl, provided that accessory structures used for their care shall be located at least 20 feet from any lot line
Farmers' market
Commercial greenhouses
RECREATIONAL USES
Campgrounds
ZBA
ZBA
ZBA
PBP
Children's camps
PBP
Golf courses (USGA regulation size)
PBP
Private clubs
ZBA
ZBA
ZBA
ZBA
Adult entertainment
PBP
Rifle ranges
ZBA
PBP
Ski areas
ZBA
PBP
Commercial places of entertainment, including, but not limited to theaters, bowling alleys, billiard rooms, night clubs, arcades, roller skating rinks, gymnasiums, health clubs, driving ranges and miniature or pitch-and-putt golf courses
Outdoor adventure recreation facility
PBP
PBP
MUNICIPAL USES
Municipal uses
RELIGIOUS AND EDUCATIONAL USES
Religious and educational uses (G.L. c. 40A, § 3)
COMMERCIAL USES
.
Motels and cabins
ZBA
PBP
Hotels and inns
Nursing homes
ZBA
PBP
Hospitals/Clinics
ZBA
PBP
Assisted-living residence
ZBA
PBP
Independent living units
ZBA
PBP
Rest home
ZBA
PBP
Funeral homes and mortuaries
ZBA
Veterinary hospitals
ZBA
PBP
Transportation services such as bus stations and taxi stands
PBP
Shopping mall
PBP
Restaurants, cafes, taverns, coffee shops and snack bars
Fast-food eating establishments
PBP
PBP
Mixed use
Stores, salesrooms and showrooms for the conduct of retail business that do not exceed 3,000 square feet of gross floor
Stores, salesrooms and showrooms for the conduct of retail business that exceed 3,000 square feet of gross floor area but have less than 5,000 square feet of gross floor area
PBP
Retail and service complexes (5,000 square feet or more gross floor area) per § 165-34
PBP
PBP
Service establishments, such as, but not limited to: barber shops, beauty salons, tailor shops, laundries, tanning and nail salons, dry-cleaning shops, shoe repair shops, provided only nonexplosive and nonflammable solvents are used and no work is done on the premises for retail outlets elsewhere
ZBA
Banking, business and other professional offices and office buildings
ZBA
Repair shops such as for radio, television, appliance and other similar consumer articles
ZBA
Package stores
ZBA
Shops for the making of custom articles, the major portion of which is sold at retail on the premises, not to exceed 3,000 square feet of gross floor area
Places of business of plumbers, painters, electricians, carpenters, building and construction contractors and similar uses compatible with the uses above mentioned. This shall include office space, storage of materials and equipment, including vehicles, necessary for the operation of the practiced trade. Within the Limited Business Zoning District, all equipment and materials shall be stored within buildings or screened from view of neighboring properties and the public way.
Motor vehicle dealerships and car washes
Filling stations and repair garages, except as allowed within motor vehicle dealerships
PBP
PBP
PBP
Convenience store
PBP
PBP
PBP
Kennels
ZBA
ZBA
ZBA
Marijuana retail
PBP
Marijuana facility
PBP
INDUSTRIAL USES
Industrial complexes (5,000 square feet or more of gross floor area) per § 165-34
PBP
PBP
PBP
Warehouses and buildings and yards used for storage, provided such yards are fenced from the view of abutting lots and the street as required under § 165-30 and § 165-31
PBP
Wholesale, or distributing establishments, provided no substantial quantities of flammable, explosive or toxic materials are involved
PBP
Printing shops, machine shops, welding shops and sheet metal shops, provided that no power forges are employed nor more than 100 horsepower be used as total capacity in electric motive power for each 5,000 square feet of floor area employed for such purposes
PBP
Laboratories; research, experimental and testing
PBP
Light and advanced manufacturing: The production of physical products for wholesale employing only electric or other generally noiseless and inoffensive motor power, utilizing hand labor or quiet machinery and processes with no evidence of manufacturing processes evident outside the premises from any odor, smoke, dust, electrical disturbance or noise. May include advanced manufacturing utilizing computer-aided design (CAD), reverse engineering, enhanced prototyping and simulations; computer-integrated manufacturing; and production that employs computer numerically controlled (CNC) equipment, robotics, laser, plasma, waterjet and other automated equipment
PBP
PBP
Machine, welding, sheet metal and printing shops and other similar uses, provided that no power forges are employed and that no more than 100 horsepower be used as total capacity in electric motive power for each 1,000 square feet of floor area employed for such purposes
PBP
Mixing and packaging of chemicals, drugs, detergents and other consumer and industrial products, provided no chemical reactions are involved and any premises used for flammable materials meet the provisions of the applicable fire code of the National Fire Protection Association and that no explosive or poisonous substances are used in substantial quantities
PBP
Quarries, gravel processing plants and cement mixing plants
PBP
Foundry casting of metal not causing noxious fumes or odors
PBP
Wind turbines and wind electrical generator towers, provided that the setback from any lot line is minimally 1 1/2 times the overall height
ZBA
ZBA
ZBA
Wireless communications towers
PBP
PBP
PBP
PBP
PBP
Utility-scale solar photovoltaic installation
PBP
PBP
PBP
PBP
PBP
PBP
Energy storage system
PBP
PBP
PBP
PBP
PBP
PBP

§ 165-11 Performance standards.

A. 
Purpose. These performance standards are established to permit nuisances to be measured in terms of their potentially dangerous or objectionable elements rather than by classification of use which may not reflect actual conditions or nuisances. They are also established to provide controls to protect the community from dangerous or objectionable elements and to protect any potential use from arbitrary exclusion. New construction, new facilities and new activities shall not be permitted except in compliance with these standards. Any use already established on the effective date of this bylaw shall not be so altered or modified as to conflict with, or further conflict with, said performance standards.
B. 
Regulation of nuisance elements. No land, or building or structure in any district shall be used or occupied for nonresidential purposes in such a manner so that it will cause any dangerous, injurious, noxious or otherwise objectionable fire, explosion or other hazard; electrical or other disturbance; glare, or other substance, condition or element (referred to herein as "dangerous or objectionable elements") in such amount as to adversely affect the surrounding area or premises; provided that any use permitted by this bylaw may be undertaken and maintained in the respective district if it conforms to the regulations limiting dangerous and objectionable elements at the specified point or points of the determination of their existence, as provided herein.
C. 
Location where determinations are to be made for enforcement of performance standards. The determination of the existence of any dangerous or objectionable elements shall be made:
(1) 
At the points where such elements shall be most apparent for fire and explosion hazards, for radioactivity and electrical disturbances, for smoke and other forms of air pollution.
(2) 
At or beyond the property lines of the use creating such elements for glare, and for odors wherever the effect is greatest.
D. 
Lighting, glare and heat. Every use shall be so arranged that any glare or radiant heat produced is shielded so that it is not perceptible at or beyond any boundary line of the lot on which the use is located. Exterior lighting, including, but not necessarily limited to, lighting of exterior walls of buildings from an external light source, lighting of parking areas, walks and drives, shall be of such intensities and shielded in such a manner as to divert direct light away from and minimize indirect light cast on adjacent property or public ways.
E. 
Fire and explosion hazards. All activities involving and all storage of flammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion and adequate fire-fighting and fire suppression equipment and devices approved by the Town Fire Department.
F. 
Outdoor storage and waste disposal. No materials or wastes shall be deposited on a lot in such form or manner that they may be transferred off the lot by natural causes or forces.
(1) 
All materials or wastes which constitute a fire hazard or which may be edible by or attractive to rodents or insects shall be stored outdoors only in closed containers.
(2) 
No discharge at any point into any public sewer, private sewage disposal system, or stream, or into the ground of any materials of such nature or temperature as can contaminate any water supply, or cause the emission of dangerous or offensive elements, shall be permitted, except in accordance with standards approved by the Massachusetts Department of Public Health and the Board of Health of the Town of Lanesborough.