Any building or structure which conforms to the provisions of this chapter and in compliance with the Building Code of the City of Marlborough.

Window or drive-in or drive-through service provided for any type use in all sections of the Zoning Ordinance of the City of Marlborough shall be allowed only by grant of a special permit by the City Council, in accordance with Article VIII, Chapter 650, § 650-59 of the Zoning Ordinance.

All uses noted with "Y" are allowed as of right, subject to any referenced conditions.

All uses noted with "SP" are allowed by special permit, subject to any referenced conditions.

All uses noted with "N" are not permitted.

Single-family zero lot line:

Conversion of a single-family house to a two-family house. Conversion of a single-family house existing at the time of the passage of the original Zoning Ordinance in 1956 to accommodate two families, provided that:

Conversion of a two-family to a three-family. The conversion of a one- or two-family residence building to accommodate not more than three dwelling units, provided that:

Multifamily dwelling. One structure or multiple structures consisting of a multifamily dwelling containing three or more dwelling units on a single lot, provided that the lot meets all the requirements of Article VII and, in addition, has a landscaped area meeting all the requirements of § 650-18A(9)(e). The above provision shall not apply to mixed use or multifamily developments within the Marlborough Village District.

Trailer; mobile homes.

Accessory uses, residential.

Customary home occupations. Customary home occupations are permitted, provided that:

Customary yard sales, charitable sales, bazaars. Customary residential yard sales, charitable sales or bazaars are permitted, provided that:

Two residential structures on a lot less than 80,000 square feet. Two or more structures consisting of single-family, two-family or multifamily dwellings or any combination thereof on a single lot of not less than 80,000 square feet and subject to the following conditions:

Agriculture, horticulture or floriculture, on lots of more than five acres. Agriculture, horticulture or floriculture or the expansion or reconstruction of existing structures for the primary purpose of agriculture, horticulture or floriculture, except that all such activities shall be limited to parcels of more than five acres which are not zoned for agriculture, horticulture or floriculture.

Forests, woodlots, woodworking mills and machinery. Forests, woodlots, portable woodworking mills and machinery are permitted, providing that:

Livestock farms. The raising of or keeping of a small flock of poultry (other than chicken hens), less than 10, or of saddle horses, private kennel, livestock, or other farm animals for use only by residents of the premises, provided further, that adequate open space is available for their care.

Farms and poultry farms. Farms and poultry farms, but not piggeries; market gardens, orchards, nurseries, greenhouses and stands for the sale of produce raised on the premises. Cultivated uses are allowed up to all property and street lines. All other uses permitted shall be located not less than 25 feet from any street line.

Golf courses, country clubs and beaches. Golf courses, country clubs and beaches and the sale of equipment and refreshments incidental to that of the foregoing purposes shall be permitted in Rural Residence Districts. In Residence A-1, A-2 and A-3 Districts, the foregoing shall be permitted by special permit.

Charitable and philanthropic buildings. Religious purposes or educational purposes on land owned or leased by the commonwealth or any of its agencies, subdivisions or bodies politic or by a religious sect or denomination or by a nonprofit educational corporation; provided, however, that such land or structure shall be subject to regulations concerning the bulk and height of structures, yard size, lot area, open space, parking and building coverage requirements in accordance with the provisions of this chapter.

Child-care centers. Child-care centers (either nonprofit or for-profit) subject to reasonable regulations concerning the bulk and height of structures and determining yard sizes, lot area, setbacks, open space, parking and building coverage requirements.

Public buildings. Buildings used exclusively for administrative purposes, such as government buildings, City, county, state or federal; telephone exchanges and other administrative office buildings, provided that there is no service yard or garage; parks and playgrounds and housing for the elderly under the jurisdiction of any governmental agency. The use of any building, structure and/or land which is used by a lessee of the City of Marlborough is permitted in all portions of the City with prior approval of the City Council following, when requested by a Councilor, a public hearing, and any such use as an assisted living facility shall be exempt from compliance with the dimensional, landscaping and parking requirements set forth in Chapter 650, Article VII, §§ 650-40 through 650-49, provided that approval of wireless communications facilities shall be subject to the provisions of § 650-25.

Buildings converted to offices, banks, insurance and financial institutions. Buildings converted to offices, banks, insurance and financial institutions, provided that the exterior character of the building shall not be altered.

Retail stores, shops and service establishment uses, excluding automotive service establishments (such as gasoline filling stations and places for the repair and service of motor vehicles), on a retail lot are also permitted upon the issuance of a special permit, provided that such uses are not inconsistent with uses customarily located in shopping malls.

Commercial radio towers, television towers and wireless communication. Commercial radio towers, television towers, receivers, transmitters and wireless communications facilities only when authorized by a special permit of the City Council and pursuant to all the applicable provisions of § 650-25 of this chapter.

Hotels and motels with conference centers. Hotels and motels, together with associated conference, trade and meeting facilities. Commercial uses may also be included, subject to the same special permit and subject to the following limitations:

Residential conference and training center with food and recreation facilities. Residential conference and training center, which may include conference and education facilities, facilities for preparation and serving of food and alcoholic and other beverages, sleeping and living accommodations, tennis courts, swimming pools and other recreational and athletic facilities, on a single lot of not less than 15 acres.

Recreation centers. Recreational center for the purpose of providing ice-skating rinks, swimming pools, tennis courts and any other indoor or outdoor recreational facility and use.

Clubs. Clubs, provided that the chief activity of such club is not a service customarily carried on as a business.

Places of repair for cars, boats, trucks and farm equipment. Automobile sales and service. No use otherwise permitted pursuant to automotive sales and service and salesrooms and places for the repair and service of boats, trucks, cars, farm equipment and building supplies shall be allowed if any residential use is still being made of the property. In addition, no said use pursuant to the uses noted above shall be allowed on any lot which is smaller than one acre in size as of November 1, 1995, unless a special permit authorizing said use has been approved by the City Council.

Outdoor storage. Outdoor storage, but not an auto junkyard, may be permitted in the Business, Commercial Automotive, and Industrial Districts if it is accessory to one of the permitted uses in the zoning district in which the main building and lot is located. Outdoor storage is allowed as an accessory use in a Limited Industrial District only for light non-nuisance manufacturing and assembly of specialized vehicles for use by municipal, state and other public agencies. Further, the outside storage must be adequately screened from the street and adjacent properties to obscure the materials stored therein.

Parking lots and garages. Automobile parking garages or lots are permitted, provided that the drives are at least 100 feet from intersections.

Gasoline filling stations and auto service establishments. Automotive service establishments, such as gasoline filling stations for dispensing fuel, washing and lubricating vehicles, and such minor repairs as changing tires, provided that all activities except dispensing fuel are conducted inside the structure. No entrance or exit shall be within 50 feet of any residence district, and no appliances for dispensing gasoline or greasing or oiling automobiles shall be located within 50 feet of any residence or within 20 feet of any street line.

Open air markets. Open air markets, including flea markets, conducted by one or more sellers in the open air or under tents or other temporary structures, where the primary purpose of the markets is business related, provided the market operator responsible for the entire market receives a license from the City Council as specified in Chapter 444 of the Code of the City of Marlborough.

Soil removal. Removal from the site of sod, loam, sand, clay, gravel, stone or quarry stone from any location, provided that approval of the City Council is obtained in accordance with Chapter 534, Soil Removal, of the Code of the City of Marlborough.

Restaurants and cafes.

Adult bookstore, video store, paraphernalia store, motion-picture theater, live entertainment establishment.

Research, experimental and testing labs. Research, experimental or testing laboratories shall be permitted, provided that, for biomedical and biotechnology uses, the following provisions shall apply:

Light manufacturing using portable electric machinery. Light manufacturing using portable electrical machinery is permitted, provided that it is above the ground floor of a business building.

Associated and accessory research 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.

Manufacturing and/or warehousing of footwear, precision instruments, tool and die, dental, medical and optical equipment, electrical or electronic instruments, hobby vehicle storage, biomedical or biotechnology products, subject to the provisions governing biomedical research in Subsection A(33) above, provided truck loading and parking areas are effectively screened from abutting office and residential use. Oil or asphalt manufacturing is prohibited.

Manufacturing or warehousing (Industrial Districts). Oil or asphalt manufacturing is prohibited.

Retail sales accessory to manufacturing. Retail outlets accessory to manufacturing firms are permitted, provided that they use less than 1/3 of the floor and/or ground area.

Service buildings, industrial. Service buildings, built and maintained by one or more of the permitted uses in the LI or I Districts shall be permitted containing either or all of the following uses: restaurant, drugstore, bank or other similar services primarily for the use of employees of the permitted uses.

Large tract development. The following uses of land, buildings and structures are permitted on a large tract development lot, provided that a traffic impact and access study, sufficient in scope in the opinion of the City Engineer, is prepared and submitted as part of site plan review and approval for the proposed large tract development:

Hotels within the Marlborough Village District are by special permit, subject to site plan approval by the City Council with input from department staff who participate in administrative site plan review as provided under § 270-2. See in § 650-34B special provisions for site plan review by City Council of hotels in the Marlborough Village District.

Mixed-use development, including multifamily residential uses, shall be subject to special permit provisions for multifamily uses. In the Wayside District, multifamily dwelling shall be allowed only as part of a mixed-use development. Mixed-use development may include vertically mixed uses in a single building or horizontally mixed uses in which multiple buildings create the mix of uses on a single parcel. Each individual building may include a single use with multiple uses occurring next to each other and within multiple buildings on the single parcel.

A combination of permitted business uses is allowed, such as a coffee shop in a bookstore, or a restaurant in a food/wine shop, or entertainment/arcade elements accessory to a restaurant.

Assisted living facilities:

Medical marijuana treatment centers:

Adult use marijuana retail; marijuana accessories retail:

Medical and/or adult use marijuana cultivator, independent testing laboratory, product manufacturer, craft marijuana cooperative, marijuana microbusiness, marijuana courier, marijuana delivery operator, marijuana research facility, or transporter:

Contractor's yard and landscape contractor's yard.

Chicken hens, personal use. The raising or keeping of female chickens (Gallus gallus domesticus) for personal use, not to exceed either six hens or 12 hens, as stated in the Table of Uses. The raising or keeping of roosters, cocks, or cockerels is prohibited. The slaughtering of chicken hens for nonpersonal use is prohibited. The selling of eggs is prohibited. No chicken coop shall be located between the street frontage and the primary structure front building line.