Lee City Zoning Code
ARTICLE IV
Use Regulations
§ 199-4.1 Use regulations established.
[Amended 3-24-2022 STM by Art. 10]
All buildings or structures erected, reconstructed, altered, enlarged, or moved, and the use of all premises in the Town, shall be in conformity with the provisions of the Zoning Bylaw. No building or structure or land or part thereof shall be used for any purpose or in any manner other than as expressly permitted in the district in which such building, structure or land is located as allowed by special permit in that district and after that a special permit has been granted and recorded. Nothing in this bylaw supersedes the provisions of the State Building Code or General Laws c. 40A.
§ 199-4.2 List of permitted uses.
[Amended 3-24-2022 STM by Art. 11; 3-24-2022 STM by Art. 12; 3-24-2022 STM by Art. 13; 3-20-2025 STM by Art. 12]
A.
Residential districts (R-20 and R-30).
(1)
Uses allowed by right:
(a)
Detached one-family dwelling.
(b)
Detached two-family dwelling subject to the dimensional requirements set forth in the Table of Dimensional Requirements[1] and all other applicable provisions of this chapter.
[1]
Editor's Note: Said table is included as an attachment to this chapter.
(c)
The use of land or structures for the primary purpose of agriculture, horticulture or floriculture on lots of five or more acres.
(d)
Renting of rooms or furnishing of board for not more than three persons in a dwelling regularly occupied for residential purposes.
(e)
Accessory uses customarily incidental to a permitted main use on the same premises, including but not limited to the following:
[1]
Use of a room or rooms in a dwelling for customary home occupations conducted by resident occupants, such as dressmaking or candy making, or for the practice by a resident of a recognized profession, provided that the maximum accessory use shall be no more than 20% of the square footage of the dwelling, in compliance with off-street parking and all other applicable provisions of this chapter, and provided that there is no external evidence of any business other than a permitted sign and that no undue burden shall be placed on the neighborhood by parking on the street or an excess of traffic or other noises.
[2]
Use of premises or building thereon in connection with his or her trade by a resident carpenter, electrician, painter, plumber or other artisan, provided that:
[a]
No manufacturing or business requires two or more employees on the premises; and
[b]
The use is in compliance with off-street parking and all other applicable provisions of this chapter; and
[c]
All storage of materials, supplies and equipment shall be kept within the principal building or within a suitable accessory building; and
[d]
No undue burden shall be placed on the neighborhood by parking on the street or an excess of traffic or other noises.
(f)
Municipal use; provided, however, that no new municipal use shall be established and no existing municipal use shall be substantially expanded unless and until the Representative Town Meeting votes an appropriation for said use.
(2)
Uses requiring a special permit from the Select Board shall be as follows:
(a)
Multiple dwelling, in compliance with the requirements set forth in § 199-9.2.
(3)
Uses requiring a special permit from the Board of Appeals in accordance with § 199-13.2B(3) of this chapter, and in compliance with all other applicable provisions of this chapter, shall be as follows:
(a)
Private club not conducted for profit.
(b)
Hospital, sanitarium and convalescent and nursing home.
(c)
Golf course.
(d)
Any accessory use to a by-right use, whether or not on the same parcel, which is necessary in connection with scientific research and development or related production, provided that the Board of Appeals finds that the proposed accessory use does not substantially derogate from the public good.
(4)
Uses requiring a special permit from the Planning Board in accordance with § 199-13.4 of this chapter shall be as follows:
(a)
Parking lot.
B.
Residential-Agricultural District (RA-40).
(1)
Uses allowed by right:
(a)
Detached one-family dwelling.
(b)
Detached two-family dwelling subject to the dimensional requirements set forth in the Table of Dimensional Requirements[2] and all other applicable provisions of this chapter.
[2]
Editor's Note: Said table is included as an attachment to this chapter.
(c)
The use of land or structures for the primary purpose of agriculture, horticulture or floriculture on lots of five or more acres.
(d)
Renting of rooms or furnishing of board for not more than three persons in a dwelling regularly occupied for residential purposes.
(e)
Accessory uses customarily incidental to a permitted main use on the same premises, including but not limited to the following:
[1]
Use of a room or rooms in a dwelling for customary home occupations conducted by resident occupants, such as dressmaking or candy making, or for the practice by a resident of a recognized profession, provided that the maximum accessory use shall be no more than 20% of the square footage of the dwelling, in compliance with off-street parking and all other applicable provisions of this chapter, and provided that there is no external evidence of any business other than a permitted sign and that no undue burden shall be placed on the neighborhood by parking on the street or an excess of traffic or other noises.
[2]
Use of premises or building thereon in connection with his or her trade by a resident carpenter, electrician, painter, plumber or other artisan, provided that no manufacturing or business requiring two or more employees shall be permitted on the premises, in compliance with off-street parking and all other applicable provisions of this chapter, and provided that all storage of materials, supplies and equipment shall be kept within the principal building or within a suitable accessory building and that no undue burden shall be placed on the neighborhood by parking on the street or an excess of traffic or other noises.
(f)
Municipal use; provided, however, that no new municipal use shall be established and no existing municipal use shall be substantially expanded unless and until the Representative Town Meeting votes an appropriation for said use.
(g)
Farm, forestry or nursery, including the display and sale of natural products raised in town.
(2)
Uses requiring a special permit from the Select Board shall be as follows:
(a)
Multiple dwelling, in compliance with the requirements set forth in § 199-9.2.
(b)
Resort, subject to the special requirements in § 199-9.8.
(3)
Uses requiring a special permit from the Board of Appeals in accordance with the regulations appearing in § 199-13.2B(3) of this chapter, and in compliance with all applicable provisions of this chapter, shall be as follows:
(a)
Private club not conducted for profit.
(b)
Hospital, sanitarium and convalescent and nursing home.
(c)
Golf course.
(d)
Any accessory use to a by-right use, whether or not on the same parcel, which is necessary in connection with scientific research and development or related production, provided that the Board of Appeals finds that the proposed accessory use does not substantially derogate from the public good.
(e)
Boat livery, riding stable and ski tow.
(f)
(Reserved)[3]
[3]
Editor's Note: Former § 199-4.2B(3)(f), regarding raising livestock in the RA Zone, was repealed 3-24-2022 STM by Art. 13.
(4)
Uses requiring a special permit from the Planning Board in accordance with § 199-13.4 of this chapter shall be as follows:
(a)
Parking lot.
C.
Residential-Multiple Dwelling District (RM).
(1)
Uses allowed by right:
(a)
Detached one-family dwelling.
(b)
Detached two-family dwelling subject to the dimensional requirements set forth in the Table of Dimensional Requirements[4] and all other applicable provisions of this chapter.
[4]
Editor's Note: Said table is included as an attachment to this chapter.
(c)
The use of land or structures for the primary purpose of agriculture, horticulture or floriculture on lots of five or more acres.
(d)
Renting of rooms or furnishing of board for not more than three persons in a dwelling regularly occupied for residential purposes.
(e)
Accessory uses customarily incidental to a permitted main use on the same premises, including but not limited to the following:
[1]
Use of a room or rooms in a dwelling for customary home occupations conducted by resident occupants, such as dressmaking or candy making, or for the practice by a resident of a recognized profession, provided that the maximum accessory use shall be no more than 20% of the square footage of the dwelling, in compliance with off-street parking and all other applicable provisions of this chapter, and provided that there is no external evidence of any business other than a permitted sign and that no undue burden shall be placed on the neighborhood by parking on the street or an excess of traffic or other noises.
[2]
Use of premises or building thereon in connection with his or her trade by a resident carpenter, electrician, painter, plumber or other artisan, provided that no manufacturing or business requiring two or more employees shall be permitted on the premises, in compliance with off-street parking and all other applicable provisions of this chapter, and provided that all storage of materials, supplies and equipment shall be kept within the principal building or within a suitable accessory building and that no undue burden shall be placed on the neighborhood by parking on the street or an excess of traffic or other noises.
(f)
Municipal use; provided, however, that no new municipal use shall be established and no existing municipal use shall be substantially expanded unless and until the Representative Town Meeting votes an appropriation for said use.
(2)
Uses requiring a special permit from the Select Board shall be as follows:
(a)
A multiple dwelling, in compliance with the requirements set forth in § 199-9.2.
(3)
Uses requiring a special permit from the Board of Appeals in accordance with § 199-13.2B(3) of this chapter, and in compliance with all other applicable provisions of this chapter, shall be as follows:
(a)
Private club not conducted for profit.
(b)
Hospital, sanitarium and convalescent and nursing home.
(c)
Golf course.
(d)
Any accessory use to a by-right use, whether or not on the same parcel, which is necessary in connection with scientific research and development or related production, provided that the Board of Appeals finds that the proposed accessory use does not substantially derogate from the public good.
(4)
Uses requiring a special permit from the Planning Board in accordance with § 199-13.4 of this chapter shall be as follows:
(a)
Parking lot.
D.
Conservation-Residential District (CR).
(1)
Uses allowed by right:
(a)
Detached one-family dwelling.
(b)
Detached two-family dwelling subject to the dimensional requirements set forth in the Table of Dimensional Requirements[5] and all other applicable provisions of this chapter.
[5]
Editor's Note: Said table is included as an attachment to this chapter.
(c)
The use of land or structures for the primary purpose of agriculture, horticulture or floriculture on lots of five or more acres.
(d)
Renting of rooms or furnishing of board for not more than three persons in a dwelling regularly occupied for residential purposes.
(e)
Accessory uses customarily incidental to a permitted main use on the same premises, including but not limited to the following:
[1]
Use of a room or rooms in a dwelling for customary home occupations conducted by resident occupants, such as dressmaking or candy making, or for the practice by a resident of a recognized profession, provided that the maximum accessory use shall be no more than 20% of the square footage of the dwelling, in compliance with off-street parking and all other applicable provisions of this chapter, and provided that there is no external evidence of any business other than a permitted sign and that no undue burden shall be placed on the neighborhood by parking on the street or an excess of traffic or other noises.
[2]
Use of premises or building thereon in connection with his or her trade by a resident carpenter, electrician, painter, plumber or other artisan, provided that no manufacturing or business requiring two or more employees shall be permitted on the premises, in compliance with off-street parking and all other applicable provisions of this chapter, and provided that all storage of materials, supplies and equipment shall be kept within the principal building or within a suitable accessory building and that no undue burden shall be placed on the neighborhood by parking on the street or an excess of traffic or other noises.
(f)
Municipal use; provided, however, that no new municipal use shall be established and no existing municipal use shall be substantially expanded unless and until the Representative Town Meeting votes an appropriation for said use.
(g)
Farm, forestry or nursery, including the display and sale of natural products raised in town.
(2)
Uses requiring a special permit from the Select Board shall be as follows:
(a)
Resort, subject to the special requirements in § 199-9.8.
(b)
Multiple dwelling, in compliance with the requirements set forth in § 199-9.2.
(3)
Uses requiring a special permit from the Board of Appeals in accordance with § 199-13.2B(3) of this chapter, and in compliance with all other applicable provisions of this chapter, shall be as follows:
(a)
Private club not conducted for profit.
(b)
Hospital, sanitarium and convalescent and nursing home.
(c)
Golf course.
(d)
Any accessory use to a by-right use, whether or not on the same parcel, which is necessary in connection with scientific research and development or related production, provided that the Board of Appeals finds that the proposed accessory use does not substantially derogate from the public good.
(e)
Boat livery, riding stable, ski tow.
(f)
(Reserved)[6]
[6]
Editor's Note: Former § 199-4.2D(3)(f), regarding raising livestock in the CR Zone, was repealed 3-24-2022 STM by Art. 13.
(4)
Uses requiring a special permit from the Planning Board in accordance with § 199-13.4 of this chapter shall be as follows:
(a)
Parking lot.
E.
Rural Business District (RB).
(1)
Uses allowed by right:
(a)
Detached one-family dwelling.
(b)
Detached two-family dwelling subject to the dimensional requirements set forth in the Table of Dimensional Requirements[7] and all other applicable provisions of this chapter.
[7]
Editor's Note: Said table is included as an attachment to this chapter.
(c)
The use of land or structures for the primary purpose of agriculture, horticulture or floriculture on lots of five or more acres.
(d)
Renting of rooms or furnishing of board for not more than three persons in a dwelling regularly occupied for residential purposes.
(e)
Accessory uses customarily incidental to a permitted main use on the same premises, including but not limited to the following:
[1]
Use of a room or rooms in a dwelling for customary home occupations conducted by resident occupants, such as dressmaking or candy making, or for the practice by a resident of a recognized profession, provided that the maximum accessory use shall be no more than 20% of the square footage of the dwelling, in compliance with off-street parking and all other applicable provisions of this chapter, and provided that there is no external evidence of any business other than a permitted sign and that no undue burden shall be placed on the neighborhood by parking on the street or an excess of traffic or other noises.
[2]
Use of premises or building thereon in connection with his or her trade by a resident carpenter, electrician, painter, plumber or other artisan, provided that no manufacturing or business requiring two or more employees shall be permitted on the premises, in compliance with off-street parking and all other applicable provisions of this chapter, and provided that all storage of materials, supplies and equipment shall be kept within the principal building or within a suitable accessory building and that no undue burden shall be placed on the neighborhood by parking on the street or an excess of traffic or other noises.
(f)
Municipal use; provided, however, that no new municipal use shall be established and no existing municipal use shall be substantially expanded unless and until the Representative Town Meeting votes an appropriation for said use.
(g)
Farm, forestry or nursery, including the display and sale of natural products raised in town.
(h)
Office, bank, newspaper or printing establishment.
(i)
Hotel, motel or restaurant.
(j)
Any wholesale or retail business, research laboratory, service or public utility not involving manufacture on the premises except of products the major portion of which is sold on the premises by the producer to the customer.
(k)
Automobile service station, automobile repair shop, automobile storage garage or automobile dealer.
(2)
Uses requiring a special permit from the Select Board shall be as follows:
(a)
Multiple dwelling, in compliance with the requirements set forth in § 199-9.2.
(3)
Uses requiring a special permit from the Board of Appeals in accordance with the regulations appearing in § 199-13.2B(3) of this chapter, and in compliance with all applicable provisions of this chapter, shall be as follows:
(a)
Private club not conducted for profit.
(b)
Hospital, sanitarium and convalescent and nursing home.
(c)
Golf course.
(d)
Any accessory use to a by-right use, whether or not on the same parcel, which is necessary in connection with scientific research and development or related production, provided that the Board of Appeals finds that the proposed accessory use does not substantially derogate from the public good.
(e)
Boat livery, riding stable and ski tow.
(f)
(Reserved)[8]
[8]
Editor's Note: Former § 199-4.2E(3)(f), regarding raising livestock in the RB Zone, was repealed 3-24-2022 STM by Art. 13.
(g)
Place of amusement or assembly or club conducted for profit.
(4)
Uses requiring a special permit from the Planning Board in accordance with § 199-13.4 of this chapter shall be as follows:
(a)
Parking lot.
F.
(Reserved)
G.
Commercial Business Corridor (CBC).
(1)
Uses allowed by right:
(a)
Detached one-family dwelling.
(b)
Detached two-family dwelling subject to the dimensional requirements set forth in the Table of Dimensional Requirements[9] and all other applicable provisions of this chapter.
[9]
Editor's Note: Said table is included as an attachment to this chapter.
(c)
The use of land or structures for the primary purpose of agriculture, horticulture or floriculture on lots of five or more acres.
(d)
Renting of rooms or furnishing of board for not more than three persons in a dwelling regularly occupied for residential purposes.
(e)
Accessory uses customarily incidental to a permitted main use on the same premises, including but not limited to the following:
[1]
Use of a room or rooms in a dwelling for customary home occupations conducted by resident occupants, such as dressmaking or candy making, or for the practice by a resident of a recognized profession, provided that the maximum accessory use shall be no more than 20% of the square footage of the dwelling, in compliance with off-street parking and all other applicable provisions of this chapter, and provided that there is no external evidence of any business other than a permitted sign and that no undue burden shall be placed on the neighborhood by parking on the street or an excess of traffic or other noises.
[2]
Use of premises or building thereon in connection with his or her trade by a resident carpenter, electrician, painter, plumber or other artisan, provided that no manufacturing or business requiring two or more employees shall be permitted on the premises, in compliance with off-street parking and all other applicable provisions of this chapter, and provided that all storage of materials, supplies and equipment shall be kept within the principal building or within a suitable accessory building and that no undue burden shall be placed on the neighborhood by parking on the street or an excess of traffic or other noises.
(f)
Municipal use; provided, however, that no new municipal use shall be established and no existing municipal use shall be substantially expanded unless and until the Representative Town Meeting votes an appropriation for said use.
(g)
Parking lot.
(2)
Uses requiring a special permit from the Select Board shall be as follows:
(a)
A multiple dwelling, in compliance with the requirements set forth in § 199-9.2.
(3)
Uses requiring a special permit from the Board of Appeals in accordance with Section § 199-13.2B(3) of this chapter, and in compliance with all other applicable provisions of this chapter, shall be as follows:
(a)
Private club not conducted for profit.
(b)
Hospital, sanitarium and convalescent and nursing home.
(c)
Golf course.
(d)
Any accessory use to a by-right use, whether or not on the same parcel, which is necessary in connection with scientific research and development or related production, provided that the Board of Appeals finds that the proposed accessory use does not substantially derogate from the public good.
(4)
Uses allowed under site plan review by the Planning Board in accordance with § 199-13.3:
(a)
Office, newspaper or printing establishment.
(b)
Bank, without a drive-through.
(c)
Hotel or motel.
(d)
Restaurant, no fast food.
(e)
Any wholesale or retail business, research laboratory, service or public utility not involving manufacture on the premises except of products the major portion of which is sold on the premises by the producer to the customer.
(5)
Uses requiring a special permit from the Planning Board in accordance with § 199-13.4 of this chapter shall be as follows:
(a)
Restaurant, fast food.
(b)
Bank, with drive-through.
(c)
Convenience store.
(d)
Gas station.
(e)
Automobile dealer and service station.
(f)
Auto repair shop.
(g)
Auto storage garage.
(h)
Place of amusement or assembly.
(i)
Club conducted for profit.
(j)
Multistory parking.
H.
Downtown Commercial Business Corridor District (DCBC).
(1)
Uses allowed under site plan review by the Planning Board in accordance with § 199-13.3 of this chapter shall be as follows:
(a)
Detached one-family dwelling.
(b)
Detached two-family dwelling subject to the dimensional requirements set forth in the Table of Dimensional Requirements[10] and all other applicable provisions of this chapter.
[10]
Editor's Note: Said table is included as an attachment to this chapter.
(c)
The use of land or structures for the primary purpose of agriculture, horticulture or floriculture on lots of five or more acres.
(d)
Renting of rooms or furnishing of board for not more than three persons in a dwelling regularly occupied for residential purposes.
(e)
Accessory uses customarily incidental to a permitted main use on the same premises, including but not limited to the following:
[1]
Use of a room or rooms in a dwelling for customary home occupations conducted by resident occupants, such as dressmaking or candy making, or for the practice by a resident of a recognized profession, provided that the maximum accessory use shall be no more than 20% of the square footage of the dwelling, in compliance with off-street parking and all other applicable provisions of this chapter, and provided that there is no external evidence of any business other than a permitted sign and that no undue burden shall be placed on the neighborhood by parking on the street or an excess of traffic or other noises.
[2]
Use of premises or building thereon in connection with his or her trade by a resident carpenter, electrician, painter, plumber or other artisan, provided that no manufacturing or business requiring two or more employees shall be permitted on the premises, in compliance with off-street parking and all other applicable provisions of this chapter, and provided that all storage of materials, supplies and equipment shall be kept within the principal building or within a suitable accessory building and that no undue burden shall be placed on the neighborhood by parking on the street or an excess of traffic or other noises.
(f)
Municipal use; provided, however, that no new municipal use shall be established and no existing municipal use shall be substantially expanded unless and until the Representative Town Meeting votes an appropriation for said use.
(g)
Office, newspaper or printing establishment.
(h)
Bank, without a drive-through.
(i)
Hotel or motel.
(j)
Restaurant, no fast food.
(k)
Any wholesale or retail business, research laboratory, service or public utility not involving manufacture on the premise except of products the major portion of which is sold on the premises by the producer to the customer.
(l)
Parking lot.
(2)
Uses requiring a special permit from the Select Board shall be as follows:
(a)
Multiple dwelling, in compliance with the requirements set forth in § 199-9.2.
(b)
Conversion of existing buildings that are at least 10 years old to mixed use for business, professional offices and multiple-family housing with more than eight units, provided the special permit granting authority finds, in addition to the other findings required by this chapter, that the proposed conversion maintains the existing architectural character of the corridor.
(3)
Uses requiring a special permit from the Board of Appeals in accordance with § 199-13.2B(3) of this chapter, and in compliance with all other applicable provisions of this chapter, shall be as follows:
(a)
Private club not conducted for profit.
(b)
Hospital, sanitarium and convalescent and nursing home.
(c)
Golf course.
(d)
Any accessory use to a by-right use, whether or not on the same parcel, which is necessary in connection with scientific research and development or related production, provided that the Board of Appeals finds that the proposed accessory use does not substantially derogate from the public good.
(4)
Uses requiring a special permit from the Planning Board in accordance with § 199-13.4 of chis chapter shall be as follows:
(a)
Multistory parking.
I.
Planned Commercial Village Center District (PCVC).
(1)
Uses allowed by right:
(a)
Planned commercial village center, as defined in Article XIV, Definitions, provided that the total square feet of floor area does not exceed 75,000 square feet.
(b)
Planned unit office or research center, as defined in Article XIV, Definitions, provided that the total square feet of floor area does not exceed 75,000 square feet.
(c)
Library.
(d)
Museum.
(e)
Municipal use.
(f)
Educational and religious uses as allowed by MGL c. 40A, § 3.
(g)
Agricultural uses as allowed by MGL c. 40A, § 3.
(h)
Accessory tourist information center, whether operated by a public or private operator, in association with any of the principal uses in the district.
(2)
Uses requiring a special permit from the Planning Board in accordance with § 199-13.4 shall be as follows:
(a)
Planned commercial village center, as defined in Article XIV, Definitions, provided that the total square feet of floor area exceeds 75,000 square feet.
(b)
Planned unit office or research center, as defined in Article XIV, Definitions, provided that the total square feet of floor area exceeds 75,000 square feet.
(c)
Multistory parking.
(3)
Uses requiring a special permit from the Select Board shall be as follows:
(a)
One-family rental or condominium dwellings, two-family rental or condominium dwellings, and multiple dwelling rental or condominium dwellings, provided that ownership of the underlying land is not divided.
J.
Industrial District (I).
(1)
Uses allowed by right:
(a)
Any manufacturing or industrial use, including processing, fabrication and assembly, provided that no such use shall be permitted which would be detrimental or offensive or tend to reduce values in the same or adjoining districts by reason of dirt, odor, fumes, smoke, gas, sewage, refuse, noise, excessive vibration or danger of explosion or fire. (See Article XII, Environmental and Performance Standards.)
(b)
Accessory uses and structures customary to the preceding uses.
(2)
Uses allowed under site plan review by the Planning Board in accordance with § 199-13.3 of this chapter shall be as follows:
(a)
Business offices, excluding retail, but including the following:
[1]
Financial.
[2]
Insurance.
[3]
Engineering, development and management.
[4]
Publishing and data processing.
[5]
Telecommunication.
[6]
Environmental.
[7]
Real estate.
[8]
Legal.
[9]
Medical and dental services.
[10]
Social services.
[11]
Educational services.
[12]
Motor vehicle repairs.
[13]
Leasing of building space for commercial purposes inside an existing commercial facility.
(b)
Retail sale of products manufactured, assembled or processed on-site or product associated therewith. The retail space shall not exceed 20% of the total floor area.
(c)
Laboratories for the purpose of conducting research or providing medical, dental and technical services, including offices accessory to these activities.
(d)
Distribution of commercial and industrial supplies and wholesale trade (except motor vehicles), provided that the space dedicated to storage of the product shall not exceed 70% of the total floor area and the total floor area does not exceed 100,000 square feet.
(e)
Uses permitted by MGL c. 40A, § 3, such as public and private nonprofit religious and educational institutions.
(f)
Municipal use.
(g)
Accessory uses and structures customary to the preceding uses.
(h)
Parking lot.
(3)
Uses requiring a special permit from the Planning Board in accordance with § 199-13.4 of this chapter shall be as follows:
(a)
Outside storage of materials not used in the manufacturing process.
(b)
Adult uses, as regulated in § 199-9.4 of this chapter.
(c)
Retail.
(d)
Apartments, lofts or other residential uses.
(e)
Warehousing.
(f)
Hotel/conference center.
(g)
Restaurant.
(h)
New construction of facilities exceeding 100,000 square feet in floor space, where the facility will be used for distribution of commercial and industrial supplies and wholesale trade (except motor vehicles), provided that the space dedicated to storage of product shall not exceed 70% of the total floor area.
(i)
Accessory uses and structures customary to the preceding uses.
(j)
In cases of special permits for building reuses noted above, the special permit granting authority may authorize alteration or expansion of the existing building.
(k)
Multistory parking.
K.
Office Park and Light Industrial District (OPLI).
(1)
Uses allowed under site plan review by the Planning Board in accordance with § 199-13.3 of this chapter shall be as follows:
(a)
Business offices, including the following services:
[1]
Financial.
[2]
Insurance.
[3]
Real estate.
[4]
Engineering and management.
[5]
Publishing and data processing.
[6]
Communications (telegraph, telephone and radio and television studios).
[7]
Environmental.
[8]
Legal.
[9]
Health services.
[10]
Social services.
[11]
Education.
[12]
Public administration.
(b)
Research, medical, dental and technical service laboratories and offices accessory to these.
(c)
Light industry, including:
[1]
Apparel and other textile and leather products.
[2]
Millwork, plywood and structural members.
[3]
Household and office furniture.
[4]
Envelopes and stationery products.
[5]
Molded plastic products.
[6]
Fabricated metal products, such as cutlery, hand tools, hardware and screw machine products.
[7]
Industrial machinery, such as metalworking machinery, textile machinery, paper machinery, printing trades machinery, food products machinery and packaging machinery, but excluding ordnance.
[8]
Computer and office equipment.
[9]
Electronic and other electrical equipment.
[10]
Instruments and related products.
[11]
Paper, paperboard and plastic-converting products.
(d)
Retail sales where the sales area is not more than 20% of the total floor space and:
[1]
The product(s) is manufactured on-site.
[2]
It is not the primary retail outlet for the product(s).
[3]
Such sales are incidental to the primary use.
(e)
Retail sales for products manufactured off-site only if sales are conducted exclusively by phone and/or by mail.
(f)
Distribution of commercial and industrial supplies and wholesale trade (except motor vehicles), provided that the space dedicated to storage of product shall not exceed 70% of the total floor area.
(g)
Uses required by MGL c. 40A, § 3, such as public and private nonprofit religious and educational institutions. (Refer to § 199-9.6, Land or structures for certain religious or education purposes.)
(h)
Accessory structures and uses customary to the preceding uses.
(i)
Municipal use.
(j)
Parking lot.
(2)
Uses requiring a special permit from the Planning Board in accordance with § 199-13.4 of this chapter, and in compliance with all other applicable provisions of this chapter, shall be as follows:
(a)
Processing of dairy, vegetable, grain and food materials for human consumption and for distribution.
(b)
Express shipping offices.
(c)
Warehousing.
(d)
Light industry not previously permitted and which can be operated with a minimum of noise, smoke, fumes, odors and other nuisances and which does not create adverse impacts on adjacent uses. (See Article XII, Environmental and Performance Standards.)
(e)
Accessory structures and uses customary to the preceding uses.
(f)
Express parcel and letter delivery or pickup stations may be located within the development.
[1]
The space for the station shall be provided by the developer.
[2]
The station shall have a paved parking area able to accommodate a minimum of 600 square feet, and such parking area shall be connected to the public roadway by a paved driveway.
[3]
The station may be identified by one sign located on the station and not to exceed 100 square inches.
(g)
Multistory parking.
§ 199-4.3 Prohibited uses.
A.
The following uses are specifically prohibited in all districts:
(1)
Garbage and refuse incinerators or the dumping of refuse matter not originating on the premises, except after a permit is issued by the Board of Selectmen.
(2)
Distillation of bones, rendering of fat or reduction of animal matter.
(3)
Manufacture of animal glue.
(4)
Oil refining.
(5)
Slaughterhouse, except a custom slaughterhouse.
(6)
Storage or treatment of ash or other similar material causing dirt.
(7)
Automobile junk and/or wrecking yards.
B.
Radioactive waste. No land within any use district in the Town of Lee may be used for the collection, treatment, storage, burial, incineration or disposal of radioactive waste, including but not limited to wastes classified as low-level radioactive waste.
§ 199-4.4 Animals.
[Added 3-24-2022 STM by Art. 13]
A.
Dogs, cats and other small and traditional domestic pets are allowed by right in all zones as an accessory use to any occupied residence. Breeding such pets is also allowed, provided the breeding meets the requirements of a home occupation.
B.
The following are allowed by right as an accessory use to any occupied residence in Zones R-20, R-30, RA, CR and RB:
(1)
Up to 10 poultry, but no roosters.
(2)
Beekeeping.
C.
Commercial kennels (in which more than three dogs or domesticated animals are housed, groomed, bred, boarded, trained or sold) and commercial animal day-care services (serving three or more animals) are allowed by right in Zone I and allowed after obtaining a site plan review from the Planning Board in Zones RA, CR, and RB.
D.
The raising of horses, hogs, pigs, poultry or fur-bearing animals (not otherwise allowed as an agricultural use under the preceding subsection) is allowed after obtaining a special permit from the Planning Board in Zones R-20, R-30, RA, CR and RB.
E.
Commercial agriculture, aquaculture, silviculture, horticulture, floriculture and viticulture shall not be unreasonably regulated in a way that violates MGL c. 40A, § 3, and no special permit shall be required for those uses in any zone.
§ 199-4.5 Accessory dwelling units.
[Added 12-6-2023 STM by Art. 8; amended 5-13-2024 ATM by Art. 20; 5-8-2025 ATM by Art. 16]
A.
Purpose and intent. The purposes of this section are to:
(1)
Provide homeowners with a means of obtaining rental income, companionship, security and personal services, and thereby to enable homeowners to stay more comfortably in homes and neighborhoods they might otherwise be forced to leave;
(2)
Add moderately priced rental units to the housing stock to meet the needs of smaller households and make housing units available to moderate income households that might otherwise have difficulty finding housing;
(3)
Develop housing units in residential neighborhoods that are appropriate for households at a variety of life stages and for persons with disabilities; and
(4)
Protect property values and the character of the Town's residential neighborhoods.
B.
ADUs allowed.
(1)
In any district except the OPLI district, on a lot used for a single-family or two-family residence, a single (attached or detached) accessory dwelling unit (ADU) is a protected accessory dwelling unit under state law and is therefore an allowable use by right.
(2)
A second or subsequent ADU is allowable by special permit from the Planning Board. Where a lot contains a nonconforming structure, the Planning Board may consolidate the ADU proceeding with any special permit proceeding under Article 6.
(3)
Before granting a special permit for a second or subsequent ADU, the Planning Board shall make all the findings required by § 13.4 and, in addition, a finding either that the new ADU would be served by town sewer facilities or that the applicant has obtained certification from the Board of Health that the waste disposal system will comply with the State Environmental Code, "Title V" regulations (310 CMR 15.00).
C.
ADU requirements.
(1)
Minimum lot size. Minimum lot size requirements for a lot with an ADU shall be the same as for the lot without an ADU.
(2)
Gross floor area. The gross floor area of an ADU shall not be more than one-half of the gross floor area of the principal dwelling or 900 square feet, whichever is less.
(3)
Setbacks and lot coverage. All applicable setbacks apply to each dwelling unit. Lot coverage limitations apply to the combined dwellings.
(4)
Separation. Each ADU must function as a fully separate dwelling unit, with separate kitchen, bathroom, and egress and remains subject to the building code.
(5)
Parking. Except in the DCBC district, every lot with an ADU shall include at least one additional off-street parking space for each ADU.
(6)
Home occupation. A home occupation may be conducted in an ADU if the home occupation meets the requirements of this bylaw. Only one home occupation is permitted per lot.
(7)
Short-term rentals. No dwelling unit on a lot with an ADU shall be offered or utilized for short-term rental.
(8)
A lot on which a detached ADU has been constructed cannot be divided or conveyed in a way that divides ownership of the primary dwelling and the ADU.
