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Medford City Zoning Code

SECTION 94

3.0. - USE REGULATIONS

Sec. 94-3.1. - Principal uses.

94-3.1.1 Applicability of Use Regulations. Except as provided by law or in this chapter, in each district no building, structure, or land shall be used or occupied except for the purposes permitted as set forth in the accompanying Table of Use Regulations. Any use not listed shall be construed to be prohibited.

1.

In any district, two principal structures shall not be permitted on the same lot, other than in the MUZ District, or as otherwise authorized in this chapter, other than in the MUZ District.

94-3.1.2 Key to Table of Use Regulations. In the following Table of Use Regulations, the uses permitted by right in the district shall be designated by the letter (Y). Uses designated (N) shall not be permitted in the district. Those uses that may be permitted by special permit in the district, in accordance with section 94-11.6, shall be designated by identification of the special permit granting authority, which is either:

BA Board of appeals
CDB Community development board
CC City council

 

In addition, "PC" shall mean the Parking Code set forth in section 94-6.1.3, and "LC" shall mean the Loading Code set forth in section 94-6.1.6.

Sec. 94-3.2. - Table of use regulations.

See Table A—Table of Use and Parking Regulations.

Sec. 94-3.3. - Accessory uses.

94-3.3.1 Area of Accessory Use. The area to be occupied by an accessory use is limited as follows:

1.

No accessory use within a principal structure, other than an accessory dwelling unit, and other than required off-street parking, shall occupy more than 25 percent of the floor area of that principal structure.

2.

No accessory use not within a structure other than required off-street parking shall occupy more than 25 percent of the unbuilt lot area.

94-3.3.2 Operation. The operation of an accessory use shall be such as does not alter the scale or visual impact of the premises on which they are located or of the neighborhood. Any accessory activity that involves noise, glare, heat, smoke, or electromagnetic transmission shall be adequately shielded to achieve these ends.

94-3.3.3 Accessory Uses in All Districts. See the Table of Use Regulations for a complete list of allowed and prohibited accessory uses. The following accessory uses are specifically permitted as indicated by right or by special permit:

1.

Accessory scientific uses. Uses, whether or not on the same parcel as activities permitted as a matter of right, which 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 board of appeals as set forth in the Table of Use Regulations, provided that the board finds that the proposed use does not substantially derogate from the public good.

2.

Family day care homes. Small and large family day care homes are allowed as of right as an accessory use as set forth in the Table of Use Regulations, subject to site plan approval by the community development board.

94-3.3.4 Accessory Uses in Industrial Districts. Principal uses listed in the Table of Use Regulations which are permitted by special permit in Industrial Districts, may be permitted by special permit as accessory uses provided they meet the following requirements:

1.

The use is confined to the interior of any permitted building.

2.

The primary purpose of such accessory use is to serve the occupants of the building in which such use is located.

3.

There is no external advertising of such accessory use.

94-3.3.5 Residential Accessory Uses. The following accessory uses are specifically permitted as of right or by special permit in the Residence Districts, as set forth herein:

1.

Renting of rooms for not more than two lodgers;

2.

Housing of resident domestic employees including for health care, child care, or other household support;

3.

Parking as provided in section 94-6.1, below;

4.

Home occupations as provided in section 94-3.4; and

5.

Accessory dwelling units as provided in section 94-8.2, below.

94-3.3.6 Prohibited Accessory Uses. The following accessory uses are prohibited:

1.

Unregistered motor vehicles. See Revised Ordinances City of Medford, section 38-35.

2.

Residence Districts. In the Residence Districts, the following accessory uses are prohibited:

a.

Commercial auto repair or service.

b.

Outdoor storage or display of materials or goods.

c.

Overnight parking (except in an enclosed garage) of any commercial vehicle with a gross vehicle weight of more than 15,000 pounds.

Sec. 94-3.4. - Home occupations.

94-3.4.1 Home Occupation—As of Right. A home occupation may be allowed as of right on a lot, provided that it:

1.

Is conducted solely within a dwelling and solely by the person(s) occupying the dwelling as a primary residence;

2.

Is clearly incidental and secondary to the use of the premises for residential purposes;

3.

Does not produce offensive noise, vibration, smoke, dust, odors, heat, lighting, electrical interference, radioactive emission or environmental pollution;

4.

No regular sales of wares of goods shall be conducted on the premises;

5.

Does not utilize exterior storage of material or equipment (including the parking of commercial vehicles);

6.

Does not exhibit any exterior indication of its presence or any variation from residential appearance, except a pole sign or wall sign no larger than two square feet;

7.

Does not produce any customer or client trips to the location and has no nonresident employees.

94-3.4.2 Home Occupation—By Special Permit. One home occupation may be allowed by special permit issued by the board of appeals on a lot, provided that it:

1.

Fully complies with subsections 94-3.4.1. 2, 3, 4, and 5, above;

2.

Is conducted within a dwelling and solely by the person(s) occupying the dwelling as a primary residence and, in addition to the residents of the premises, by not more than two nonresident employees; where employees leave vehicles on the premises while conducting business elsewhere, they shall be counted as nonresident employees;

3.

Does not exhibit any exterior indication of its presence, or any variation from residential appearance, except for a sign or name plate in compliance with section 94-6.2;

4.

A special permit for such use is granted by the board of appeals, subject to conditions including, but not limited to, restriction of hours of operation, maximum floor area, off-street parking, and maximum number of daily customer or other vehicle trips;

5.

The special permit shall terminate at transfer of ownership of the property or end of lease term for the property.