Marlborough City Zoning Code
ARTICLE V
Permitted Uses
§ 650-14 Use regulations applicable in all districts.
B.
For the purposes of this Zoning Ordinance, the following uses of a building, structures and land are permitted in all portions of the City, as hereafter provided:
(1)
Any building or structure which conforms to the provisions of this chapter and in compliance with the Building Code of the City of Marlborough.
§ 650-15 Use regulations applicable in Business B, Commercial Automotive CA, Limited Industrial LI and Industrial I Districts.
A.
Permitted uses in the Business District B and Commercial Automotive District CA shall be conducted in enclosed buildings except for the following: required off-street parking spaces; outdoor storage; parking lots; open air markets; outdoor dining; outdoor recreation; places of amusement and places of assembly.
B.
Permitted uses in the Limited Industrial Districts shall be conducted in enclosed structures or buildings except for the following: outdoor parking and loading areas; accessory uses completely hidden from abutting streets, lots or tracts by appropriate screening and fencing; uses necessary in connection with scientific research, development or related production; recreation and athletic facilities related to residential conference and training centers; other outdoor recreation facility or use; and outdoor dining areas.
C.
In Commercial Automotive CA, Limited Industrial LI and Industrial I Districts, any use similar in character and similar in effect on adjacent property to those uses allowed in the district (either by right or by special permit) may be allowed by special permit from the City Council.
§ 650-16 Table of Uses, general.
§ 650-17 Table of Uses.
(The Table of Uses is included at the end of this chapter.)
§ 650-18 Conditions for uses.
[5-9-2005 by Ord. No. 05-100713C; 8-28-2006 by Ord. No. 06-1001202B; 12-1-2014 by Ord. No. 14-1005947C; 11-28-2016 by Ord. No. 16-1006631D; 4-2-2018 by Ord. No. 18-1007163-1C; 5-21-2018 by Ord. No. 18-1007163-2D; 12-16-2019 by Ord. No. 19-1007716E; 5-18-2020 by Ord. No. 20-1007915D; 6-22-2020 by Ord. No. 20-1007947H; 10-20-2021 by Order No. 21-1008344D; 12-4-2023 by Ord. No. 22/23-1008721M; 7-22-2024 by Ord. No. 24-1009136D; 4-14-2025 by Order No. 25-1009351C]
A.
Conditions for use as noted in the Table of Uses.
(1)
Single-family zero lot line:
(a)
Located within an open space development in accordance with the requirements of § 650-28E(3).
(b)
Have the appearance and character of single-family dwellings.
(2)
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:
(a)
The house contains at least 1,800 square feet of gross floor area, not including basement rooms or open attic space.
(b)
The lot contains at least 15,000 square feet in Rural Residence Districts and 10,000 square feet in Residence A-1, Residence A-2 and Residence A-3 Districts.
(c)
The appearance and character of a single-family house is preserved.
(d)
Stairways, unless on the rear of the building, shall be located within the walls of the building and, on corner lots, shall be within the walls of the building.
(3)
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:
(a)
The exterior one- or two-family character of the building is not altered and no major structural change is made in the exterior other than is necessary to provide means of egress from each unit as required by the Building Code. Stairways, unless in the rear of the building, shall be located within the walls of the building and, on corner lots, shall be within the walls of the building.
(b)
There is at least 600 square feet of floor area for each dwelling unit, and provided further that each dwelling unit has separate toilet and cooking facilities.
(4)
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.
(5)
Trailer; mobile homes.
(a)
Trailer coaches; mobile homes. No trailer coach or mobile home may be occupied except in a trailer park operating under a license from the Board of Health and by special permit of the City Council.
(b)
Trailer offices and storage trailers are permitted on site only within the locus of construction activity and only during the period of active construction which is carried on continuously in good faith pursuant to a valid building permit.
(c)
Trailer showrooms are prohibited.
(6)
Accessory uses, residential.
(a)
For residences such uses are limited to:
[1]
A toolshed, playhouse, tennis court, boathouse or other building or structure for domestic use, such as storage of boats and boat trailers or private garage for motor vehicles, but not including more than one vehicle owned by a nonresident of the premises.
[2]
The taking of no more than three lodgers or boarders by a resident family in a dwelling, except in Residence C Districts, provided that no dwelling so used shall be enlarged but may be remodeled for the same or like purpose, and stairways, unless in the rear of the building, shall be located within the walls of the building and, on corner lots, shall be within the walls of the building, and further provided that the requirements of Article VII, including but not limited to off-street parking, lot coverage and landscaping and screening, are met in full.
(b)
For farms such accessory uses are limited to:
[1]
The uses of Subsection A(6)(a)[1] without a limitation as to number.
[2]
Garages for farm vehicles and equipment, barns, greenhouses, silos, storages or other buildings for temporary or permanent farm use.
[3]
Stand for the sale of produce raised on the premises only.
(7)
Customary home occupations. Customary home occupations are permitted, provided that:
(a)
No more than 25% of the floor area of the residence is used for the purpose of the home occupation or the professional use or, if an accessory building is used, no more than 30% of the floor area of the accessory building and residence combined.
(b)
There is no external evidence of the home occupation or the profession, and no major structural change shall be made in the exterior so as to alter the appearance and character of the residence.
(c)
There are not more than two nonresidents employed on the premises.
(8)
Customary yard sales, charitable sales, bazaars. Customary residential yard sales, charitable sales or bazaars are permitted, provided that:
(a)
The sales are not conducted for business purposes. See § 650-18A(29) for regulations pertaining to open air markets conducted primarily for business purposes.
(b)
The residential yard sales are primarily intended to dispose of personal property belonging to residents living on or near the premises. As used herein, personal property shall not include property purchased or otherwise obtained for the purpose of resale.
(c)
No permanent change in the site or structure shall be made so as to alter the appearance or character of the lot.
(9)
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:
(a)
Each building shall face either upon an existing street and shall have a minimum front yard of 60 feet or face upon an open space which, in its least dimension, shall not be less than 60 feet. Each building, whether principal or accessory, shall be at least 60 feet distant from any other building in the group by air line distance between the nearest points of the buildings.
(b)
No dwelling unit shall contain less than three rooms, exclusive of halls and bathrooms. There shall be a minimum of 600 square feet of floor space, exclusive of halls and stairs, for each three-room dwelling unit, and for each additional room, the floor space shall be increased by at least 120 square feet.
(c)
There shall be at least 5,000 square feet of lot area for each family on the lot.
(d)
No part of any principal building shall be within 20 feet of any lot line.
(e)
There shall be landscaped area provided equal to the greatest single floor area of the building or equal to the sum total of the greatest single floor areas of all the principal buildings. The landscaped area shall meet the following requirements:
(10)
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.
(12)
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.
(13)
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.
(14)
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.
(15)
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.
(16)
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.
(17)
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.
(18)
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.
(19)
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.
(20)
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.
(21)
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:
(a)
Permitted commercial uses shall be limited to the following: flower shops; laundry and dry-cleaning pickup stations; restaurants; snack bars; sundries shops; gift shops; banks; travel agencies; car rental agencies and similar uses.
(b)
The structure which houses the commercial uses must be under the same ownership as the hotel or motel.
(c)
The major public entry to commercial facilities shall be provided from the interior of the hotel or motel.
(d)
No outside storage or display of merchandise shall be permitted.
(22)
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.
(23)
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.
(24)
Clubs. Clubs, provided that the chief activity of such club is not a service customarily carried on as a business.
(25)
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.
(26)
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.
(27)
Parking lots and garages. Automobile parking garages or lots are permitted, provided that the drives are at least 100 feet from intersections.
(28)
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.
(29)
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.
(30)
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.
(31)
Restaurants and cafes.
(a)
Restaurants and cafes serving food outdoors, including drive-in facilities.
[1]
Outdoor dining areas shall not be located in parking or landscaped areas required by Article VII.
[2]
Outdoor dining areas shall be screened from any abutting lot residentially zoned or used by a solid fence at least six feet high.
[3]
Any raised structure (such as a deck) on which the outdoor dining occurs shall comply with the building setback requirements of this chapter.
[4]
Any at-grade area on which the outdoor dining occurs shall be located no closer to the lot line than would otherwise be allowed of exterior parking areas.
[5]
Service of alcoholic beverages out of doors shall require a separate license from the License Commission and any appropriate state approval.
[6]
Within the Marlborough Village District, a special permit may be granted to allow for rooftop, sidewalk, or other outdoor restaurant seating that varies the provisions of this section.
(b)
Restaurants and cafes for employee use. Service buildings, built and maintained by one or more of the permitted uses, 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, are allowed in Limited Industrial and Industrial Districts.
(32)
Adult bookstore, video store, paraphernalia store, motion-picture theater, live entertainment establishment.
(a)
(b)
Special permits for uses listed above shall be subject to the establishment of rules and regulations promulgated by the City Council and shall also be subject to the following terms and conditions:
[1]
No use listed above may be located less than 1,000 feet from a residential zone, school, library, church or other religious use, day-care facility, public park, public playground, public recreational facility or another use listed above. The one-thousand-foot distance shall be measured from all property lines of the proposed uses listed above.
[2]
No pictures, publications, videotapes, movies, covers or other implements, items or advertising that fall within the definition of any use listed above, or are erotic, prurient or related to violence, sadism or sexual exploitation shall be displayed in the windows of or on the building of any establishment listed above or be visible to the public from the pedestrian sidewalks or walkways or from the other areas, public or semipublic, outside such establishments.
[3]
No special permit shall be issued to any person convicted of violating the provisions of MGL c. 199, § 63, or c. 272, § 28.
[4]
Any special permit issued by the City Council pursuant to the uses listed above shall lapse within one year of the date of the grant, not including the time required to pursue or await termination of an appeal referred to in MGL c. 40A, § 17, if substantial use thereof has not sooner commenced except for good cause or, in the case of permit for construction, if construction has not begun within two years of the date of grant except for good cause.
[5]
Any existing establishment listed above shall apply for such permit within 90 days following the adoption of the above-referenced additions to the Zoning Ordinance by the City of Marlborough.
(33)
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:
(a)
All use of RDNA shall be undertaken only in conformity with current and applicable NIH guidelines, as promulgated in the Federal Register and as may be amended from time to time by the NIH or by any successor agency. (Refer to § 650-5 for definitions of "RDNA" and "NIH Guidelines.")
(b)
All users of RDNA technology shall provide at their own cost appropriate medical and environmental surveillance programs in accordance with the NIH guidelines.
(c)
Use of RDNA technology shall require certification by the user to the Board of Health that the use is in full compliance with the NIH guidelines. The Board of Health may establish appropriate rules and procedures to administer these requirements.
(34)
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.
(35)
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.
(36)
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.
(37)
Manufacturing or warehousing (Industrial Districts). Oil or asphalt manufacturing is prohibited.
(38)
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.
(39)
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.
(40)
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:
(41)
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.
(42)
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.
(43)
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.
(44)
Assisted living facilities:
(a)
Shall only be located within the A-2 Zoning District north of U.S. Route 20 and with frontage on Massachusetts State Route 85;
(b)
Shall be located only on parcels of five acres or more;
(c)
Shall be subject to a special permit based on the City Council's written determination which shall include, but not be limited to, consideration of each of the following criteria:
[1]
Adequate access to and from the proposed assisted living facility for emergency response vehicles;
[2]
Adequate alternative access, if necessary, to and from the proposed assisted living facility in case an emergency requires evacuation thereof;
[3]
Provision for medical transport; and
[4]
The overall impact of the proposed assisted living facility will not adversely affect the neighborhood or the City; and
(d)
Shall be subject to the following additional requirements:
[1]
Dimensional conformity. A proposed assisted living facility shall conform to the dimensional criteria for the A-2 Zoning District as set forth in § 650-41, entitled "Table of Lot Area, Yards, and Height of Structures"; provided, however, that if the City Council finds, in accordance with § 650-59C(12)(a), that (i) land to be donated for municipal purposes to the City as a condition of a special permit to be granted hereunder will benefit the City and its citizens generally, and that (ii) prior to such land donation the proposed assisted living facility otherwise conforms to the dimensional criteria of § 650-41, then the City Council may, as a condition for granting a special permit hereunder, modify § 650-41's dimensional criteria as applied to the proposed assisted living facility.
[2]
Application process.
[a]
The applicant shall submit a plan for the overall development, including a final site plan showing the final completed development in all phases as contemplated on the site at the time of application, regardless of the number of phases in which it may be constructed. The application shall include, at a minimum, a completely designed first phase of development.
[b]
The application shall be filed in the name of the applicant. The applicant must either own the development parcel or, when the application is submitted, submit authorization in writing to act for all of the owners of the development parcel.
[3]
Design standards. In addition to all applicable landscaping and screening regulations set forth in § 650-47, the following design standards shall apply:
[a]
Structures shall be designed to be compatible in architectural character with the surrounding neighborhood and shall not present an "institution"-like front facade;
[b]
Surface parking in front of the facility shall be minimized, with staff parking preferably at the side and rear;
[c]
Rooftop mechanicals shall be screened and not look like "add-on" elements;
[d]
Pedestrian walkways and connections to surrounding uses, particularly public uses, shall be encouraged;
[e]
Bicycle parking shall be provided; and
[f]
As appropriate, a covered bus shelter may be required.
(45)
Medical marijuana treatment centers:
(a)
Shall only be located within those portions of the B and LI Districts located along Massachusetts State Highway Route 20 (Boston Post Road) from the Northborough town line to Massachusetts State Highway Route 495, and within those portions of the B, Wayside and LI Districts located along Massachusetts State Highway Route 20 (Boston Post Road) from the Sudbury town line to Phelps Street;
(b)
Shall have frontage on Massachusetts State Highway Route 20 (Boston Post Road); and
(c)
Shall be subject to the provisions of local and state laws, standards and regulations, and ordinances, including without limitation § 650-32 of the Zoning Ordinance of the City of Marlborough, any conditions imposed on licenses and permits held by the medical marijuana treatment center, agreements between the medical marijuana treatment center and the City of Marlborough, and a special permit from the City Council (the special permit granting authority).
(46)
Adult use marijuana retail; marijuana accessories retail:
(a)
Shall only be located within those portions of the B and LI Districts located along Massachusetts State Highway Route 20 (Boston Post Road) from the Northborough town line to Interstate Highway Route 495, and within those portions of the B, Wayside and LI Districts located along Massachusetts State Highway Route 20 (Boston Post Road) from the Sudbury town line to Phelps Street;
(b)
Shall have frontage on Massachusetts State Highway Route 20 (Boston Post Road); and
(47)
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:
(a)
Shall only be located within those portions of the I and LI Districts located west of Interstate Highway Route 495;
(b)
Shall be limited in number to one of each type (cultivator, product manufacturer, craft marijuana cooperative, marijuana micro business, marijuana courier, marijuana delivery operator, marijuana research facility, or transporter), except that the independent testing laboratory type shall be limited in number to four, but in no event fewer than the number of medical marijuana treatment centers registered to engage in the same type of activity in the City of Marlborough;
(c)
Shall be subject to the provisions of state law and of § 650-32, including but not limited to a special permit from the City Council (the special permit granting authority);
(d)
All aspects of a 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 concerning marijuana or products containing marijuana, related supplies or educational materials must take place in a fixed location within a fully enclosed building, with the exception of the actual transport of marijuana, marijuana products and related supplies, and shall not be visible from the exterior of the building; and
(e)
No outside storage or display of marijuana, related supplies, equipment, or educational materials is permitted.
(48)
Contractor's yard and landscape contractor's yard.
(a)
Exemptions; design standards for certain existing yards. All existing contractor's yards and landscape contractor's yards in the CA or LI Zoning District as of the date of this amendment that existed prior to December 31, 2014, shall not be required to obtain a special permit, but shall file for site plan review with an as-built plot plan by the City of Marlborough Site Plan Review Committee within nine months of the effective date of this subsection and complete site plan review within 24 months of the effective date of this subsection. Said site plan review shall be limited to the following design standards:
[1]
Screening. To the maximum extent practicable, the yard shall be adequately screened from the street and adjacent properties to obscure the vehicles parked thereon, and the equipment and/or materials stored therein, to create an effective visual barrier.
[2]
Vehicles, equipment and/or materials. To the maximum extent practicable, all vehicles, equipment and/or materials associated with the yard must be stored on and accessed from impervious or otherwise dust-free surfaces.
[3]
Flammable, combustible or dangerous substances. A yard shall not store excessive quantities of flammable, combustible or dangerous substances, and may be required to comply with the notification, reporting and permitting requirements set forth in SARA Title III (the Emergency Planning and Community Right-To-Know Act, or EPCRA) and/or MGL c. 148.
[4]
Maximum size of yard. The maximum size of the yard (including all structures, parking and driveways on the lot) shall not exceed the percentage of maximum lot coverage permitted under § 650-41 for the zoning district in which the lot is located. If the yard exceeds said lot coverage percentage, the yard shall not increase its lot coverage and shall be made compliant within 24 months of the effective date of this subsection.
For yards that are in compliance with a prior special permit or site plan approval, no special permit or site plan review is required. |
(b)
Design standards for all other permissible yards. Yards shall require a special permit, and site plan approval by the City of Marlborough Site Plan Review Committee, whose review shall include, but not be limited to, the following design standards.
[1]
Screening. Yard shall be adequately screened from the street and adjacent properties to obscure the vehicles parked thereon, and the equipment and/or materials stored therein, to create an effective visual barrier from ground level to a height of at least five feet.
[2]
Vehicles, equipment and/or materials. All vehicles, equipment and/or materials associated with the yard must be stored on and accessed from impervious or otherwise dust-free surfaces.
[3]
Flammable, combustible or dangerous substances. A yard shall not store excessive quantities of flammable, combustible or dangerous substances, and may be required to comply with the notification, reporting and permitting requirements set forth in SARA Title III (the Emergency Planning and Community Right-To-Know Act, or EPCRA) and/or MGL c. 148.
[4]
Maximum size of yard. The maximum size of the yard, when combined with all structures, parking and driveways on the lot being proposed for the lot on which the yard is proposed to be located, shall not exceed the percentage of maximum lot coverage permitted under § 650-41 for the zoning district in which the lot is located.
[5]
Proximity to existing residential zoning districts/uses. (i) Yard shall not be located on a lot less than 200 feet from a residential zoning district, and on any lot if a residential use is being made of any abutting lot(s); and (ii) Minimum lot area. Minimum area of the lot shall be 22,500 square feet.
(49)
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.