Littleton City Zoning Code
ARTICLE XII
Accessory Uses
§ 173-53 Accessory uses.
Customary access uses are permitted as specified in § 173-26B. Uses shall not be considered accessory if they occupy more than 30% of the floor area or more than 50% of the land area of any lot.
§ 173-54 Home occupations.
Customary home occupations, office of professional persons residing on the premises, handicrafts, hobbies or activities of a similar nature are allowed, provided that such activities are carried on by residents of the dwelling, plus not more than one additional employee, and that accessory buildings used for such purposes shall not be placed forward of the rear line of the building.
§ 173-55 Accessory scientific uses.
Uses, whether or not on the same parcel as activities permitted as a matter of right, accessory to activities permitted as a matter of right, which activities are necessary in connection with scientific research or scientific development or related production, may be permitted upon the issuance of a special permit by the special permit granting authority, provided that the special permit granting authority finds that the proposed accessory use does not substantially derogate from the public good.
§ 173-56 Mobile homes.
[Added 1988 ATM, Art. 15]
A.
A special permit may be granted for use of a mobile home as a residence during the construction, reconstruction or extensive remodeling of a dwelling on the same lot, subject to the following conditions:
(1)
The permanent septic system and water supply must be in place and usable, and the mobile home must be connected to them.
(2)
The permit shall be limited to a reasonable time for completion of the work and shall not be renewed unless a valid, unavoidable reason for delay of the work can be demonstrated.
B.
A special permit may be granted for use of a mobile home as an accessory dwelling on the same lot as an existing dwelling, subject to the following conditions:
(2)
The occupant, due to physical handicap, requires special provisions in the dwelling which are impractical to provide otherwise, due to financial hardship or other reasons.
(3)
The mobile home shall be connected to an approved water supply and septic system, which may be that of the primary dwelling.
§ 173-57 Accessory business uses at active farms.
[Added 2011 ATM, Art. 18]
A.
The Town of Littleton finds that in order to protect and preserve the agricultural, horticultural, viticultural or floricultural lands (hereafter "agricultural uses"), to protect and preserve natural resources, and to maintain land in active agricultural uses, it is necessary to enable the owners of said lands that are in active agricultural use to conduct, in addition to any primary or accessory use subject to the protection of M.G.L. c.40A, § 3, par. 1, certain other appropriate accessory business uses to supplement the income from said agricultural uses.
The Planning Board, by special permit, may grant approval for the following accessory business uses at active farms on contiguous farmland parcels in excess of five acres:
• | Veterinarians' office. |
• | Agricultural equipment and supply dealers. |
• | Custom farm providers. |
• | Feed milling and delivery. |
• | Facilities for hosting or staging of revenue-generating events, tours, weddings, and functions which are appropriate in scale to the premises and any surrounding residential area, including the preparation and serving of food and beverages for such events, provided that the facilities are primarily outside or under an open shelter and shall be operated seasonally. |
• | Small-scale abattoir/meat processing facilities. |
• | Facilities for the production and sale of farm-related products, such as but not limited to cider, baked goods, butter, wine, cheeses, or ice cream, whether or not the farm is the main source of the raw materials used in the farm products, provided that the facilities and associated parking shall not occupy more than 10% of the total farm area. |
• | Farm stand restaurants designed and used for the sale of farm crops and livestock grown on farms in the local agricultural area; provided that the facilities and parking for the farm stand restaurant, and the associated farm stand, shall not occupy more than 10% of the total farm area. |
• | Animal boarding facilities for the boarding of up to 50 animals other than those stabled, raised, or kept onsite in connection with the primary agricultural use. |
• | Farm implement and similar heavy machinery repair services, such as a welding operation, blacksmith shop, etc. that the farm operator would normally undertake in maintenance of machinery for his/her own farm. |
• | Subsurface disposal of septic effluent from nearby or adjacent residential or commercial facilities, or municipal waste water treatment facility, provided that the surface of any such area shall be placed under a conservation or agricultural preservation restriction. |
B.
The Planning Board may set conditions such as hours of operation, number of employees, or other conditions that they deem appropriate when granting a special permit pursuant to this section. In order to maintain agriculture as the primary use for the property, the uses provided for herein (excluding those uses for which a specific maximum is provided above), and any associated parking, shall occupy no more than 5% of the land area of the farm parcel(s). The Planning Board may require that the special permit, including all conditions, be recorded at the Registry of Deeds. The special permit shall recite the circumstances under which the special permit is being granted (e.g. the amount of land area in active agricultural use, the nature of the primary agricultural use, etc.) and shall include a condition requiring that the given circumstances continue to exist.
C.
Decision Criteria: Special Permits for accessory business uses at active farms shall be granted only if the Planning Board determines that the criteria of Section 173-7C are met, after consideration of the following:
(1)
Roads, water and drainage facilities are existing, or as committed by the applicant to be improved, and their ability to serve this proposal adequately and safely without material deterioration in service to other locations.
(2)
Degree of assurance that no planned process or unplanned contingency will result in undue hazard or contamination of air, land, or water resources.
(3)
Visual compatibility with the vicinity, including consideration of site arrangement, consistency in architectural scale (or reasonability of departure), retention of existing site features, especially trees, and architectural character.
(4)
Degree of threat to environmental resources, including loss of valuable trees and other vegetation, disturbance to habitats, and soil loss through erosion.
(5)
Buffering and screening from any nearby uses of different character.
(6)
Retaining prime or important agricultural soils in active production.
Specific uses that are prohibited on residentially zoned agricultural lands include:
• | Gas stations or retail or wholesale fuel storage or delivery. |
• | Retail Stores such as drug, department, hardware, and clothing stores. |
• | Manufacture of non-agricultural products. |
D.
This section does not preclude a landowner from applying for other permits for Extensive Recreational uses of the agricultural lands that are not incompatible with the seasonal agricultural uses of the agricultural lands.
E.
This section is not intended to, and does not, impact the ability of the landowner to undertake any use or construct any structure allowed by right under local zoning, M.G.L. c.40A, § 3, first par. and/or state definitions related to agriculture.