Otis City Zoning Code
ARTICLE VII
Special Residential Regulations
§ 150-7.1 Accessory apartments.
[Amended 5-20-2025 ATM by Art. 23]
A.
Purpose. For the purposes of (a) providing small additional dwelling units to rent without adding to the number of buildings in the Town or substantially altering the appearance of the Town, (b) providing alternative housing options, and (c) enabling owners of single-family dwellings larger than required for their present needs to share space and the burdens of home ownership, an accessory apartment may be allowed by special permit from the Board of Appeals, provided that each of the following conditions is met:
B.
Conditions.
(1)
A plot plan of the existing dwelling unit and proposed accessory apartment shall be submitted to the Building Inspector, showing the location of the building on the lot, the proposed accessory apartment, location of any septic system and required parking. A mortgage inspection survey may be used to meet this requirement;
(2)
An affidavit shall be provided stating that one of the two dwelling units shall be occupied by the owner of the property, except for bona fide temporary absence;
(3)
The accessory apartment or the principal dwelling unit on the subject property must be occupied by the owner of the property;
(4)
Not more than one accessory apartment may be established on a lot. The accessory apartment shall not exceed 800 square feet in gross floor space and shall be located in the principal residential structure on the premises or in a preexisting accessory structure;
(5)
The external appearance of the structure in which the accessory apartment is to be located shall not be significantly altered from the appearance of a single-family structure;
(6)
Sufficient and appropriate space for at least one additional parking space shall be constructed by the owner to serve the accessory apartment. Said parking space shall be constructed of materials consistent with the existing driveway and shall have vehicular access to the driveway;
(7)
No permit shall be granted unless the accessory apartment conforms to the provisions of Title 5 of the State Sanitary Code, 310 CMR 15.00.
C.
Decision. Special permits for an accessory apartment may be granted by the special permit granting authority (SPGA) upon a finding that the construction and occupancy of the apartment will not be detrimental to the neighborhood in which the subject property is located and after consideration of the factors set forth in § 150-9.3 of this Zoning Bylaw. The special permit shall expire after two years; provided, however, that the special permit may be renewed by the SPGA without a public hearing if the permittee submits an affidavit to the SPGA prior to such expiration indicating that there has been no change in circumstances with regard to the accessory apartment.
§ 150-7.2 Home-based businesses.
A.
Purpose. The purpose of this section is to:
(1)
Permit the residents of the Town of Otis a broad choice in the use of their homes as places of livelihood and the production or supplementing of personal and family income;
(2)
Protect residential property values;
(3)
Protect residential areas from any adverse impacts associated with home-based business;
(4)
Ensure that the rights of neighbors and other townspeople are not compromised by intrusive, hazardous, or environmentally degrading business activities; and
(5)
Establish performance criteria and standards for home-based businesses that will provide fair and equitable administration and enforcement of this section.
B.
Standards for all home-based businesses. The following standards shall be used as requirements for all home-based business, whether they are home occupations or cottage industries:
(1)
Residency requirements. The principal residence of the owner/operator of every home-based business shall be the dwelling unit on the premises in which the business operates.
(2)
Parking standards. Off-street parking for any home-based business must be provided on the premises and should be located at the side or rear of the principal building. While adequate off-street parking must be provided for all regular employees, visitors, and clients, the property owner shall avoid providing excessive parking.
(3)
Landscaping. Landscaping may be required to screen parking areas from the road and adjacent landowners. See the definition of screening materials below.
(4)
Storage of heavy equipment and commercial vehicles. All heavy equipment, such as tractor trailers, semitrailers, or construction equipment, must be either garaged or screened with plantings or fencing of at least the height of the equipment. See the definition of screening materials below.
(5)
Screening materials. Screening materials include natural vegetation, landscaping, fencing and earthen berms. All screening materials shall be in keeping with the rural and residential character of the Town of Otis.
(7)
Lighting standards. Any outdoor lighting fixture newly installed or replaced shall be shielded so that is does not produce a strong, direct light beyond the property boundaries. All outdoor lighting must be placed in such a fashion as not to have an adverse effect on neighboring properties or passersby.
(8)
Hours of operation. In no case shall a home-based business be open to the public, including nonresident employees, clients, visitors, and deliveries, at times earlier than 7:00 a.m. nor later than 10:00 p.m.
(9)
General nuisances. Any activity that might result in excessive noise, electrical interference, smoke, dust, odors, heat, or glare beyond that which is common to the residential character of the district is prohibited. The Board of Appeals may require an applicant to provide tests demonstrating such conformance.
(10)
Hazardous materials. No highly toxic, explosive, flammable, combustible, corrosive, radioactive or similar hazardous materials shall be used, stored, or manufactured on the premises in amounts exceeding those which are typically found in normal residential use.
(11)
Traffic. Traffic associated with a home-based business, such as deliveries or visits by clients, shall not place an unreasonable burden on the Town, the roads, or the neighborhood of the home-based business because of safety concerns, excessive noise, or aesthetics. Traffic concerns will reviewed as part of the permitting process for all home-based businesses.
C.
Additional standards for home occupations.
(1)
Employees. No more than two employees not residing on the premises shall be permitted to work on the premises at one time for a home occupation.
(2)
Retail sales. There shall be no sales of services or products which are not produced on the premises. A home-based business is permitted to hold occasional events, such as craft fairs or open houses, up to three times per year.
D.
Additional standards for cottage industries. For all cottage industries the home based business owner must maintain the use of the parcel as primarily residential, with the business as an incidental, accessory use.
(1)
Employees. No more than seven employees not residing on the premises shall be permitted to work on the premises at one time for a cottage industry use.
(2)
Increased setback requirements. Required zoning setbacks may be increased for a cottage industry subject to the review of the Board of Appeals for any activity that could potentially detract from the surrounding neighborhood. Potentially detracting activities include, but are not limited to, employee parking areas, loading zones, and storage sheds. Additional screening may also be required by the Board of Appeals to shield these accessory uses from adjoining residential lots.
(3)
Retail sales. There shall be no sales of services or products on the premises which are not produced on the premises. A home-based business is permitted to hold occasional events, such as craft fairs or open houses, up to three times per year.
§ 150-7.3 Townhouse development.
A.
Purpose. The purpose of this § 150-7.3, Townhouse development, is to protect the natural environment; to protect the value of real property; to promote more sensitive siting of buildings and better overall site planning; to facilitate the construction and maintenance of streets, utilities, and public services in a more economical and efficient manner; and to promote the development of varied housing opportunities.
B.
Applicability. Any parcel of larger than 20 acres and located entirely within the Town may proceed under this § 150-7.3, Townhouse development, pursuant to the issuance of a special permit by the Planning Board, as indicated in Table of Use Regulations.[1] Such special permits shall be acted upon in accordance with the following provisions.
[1]
Editor's Note: The Table of Use Regulations is included as an attachment to this chapter.
C.
Procedures. Applicants for townhouse development shall file with the Planning Board 10 copies of a development plan conforming to the requirements for a preliminary subdivision plan under the Subdivision Regulations of the Planning Board. Such plan shall also indicate:
(1)
Existing and proposed topography;
(2)
Wetland areas; where wetland delineation is in doubt or dispute, the Planning Board shall require the applicant to submit to the Conservation Commission a request for determination of applicability pursuant to MGL c. 131, § 40, and 310 CMR 10.05(3), the Wetlands Protection Act.
(3)
The results of deep soil test pits and percolation tests. The Planning Board shall refer data on proposed wastewater disposal to the Board of Health for its review and recommendation.
(4)
Specifications demonstrating that access roads and drainage facilities shall meet the functional requirements of the Planning Board's rules and regulations.
(5)
Any additional information necessary to make the determinations and assessments cited herein.
D.
Number of dwelling units. The maximum number of bedrooms allowed in a townhouse development shall be equal to 2.5 times the number of lots which could reasonably be expected to be developed as of right upon that parcel under a conventional plan in full conformance with all zoning, subdivision regulations, health regulations, wetlands regulations and other applicable requirements. The proponent shall have the burden of proof with regard to the design and engineering specifications for such conventional plan.
(1)
No individual structure within a townhouse development shall contain more than five dwelling units.
E.
Open space requirements. A minimum of 30% of the parcel shown on the development plan shall be contiguous open space, excluding required yards and buffer areas. Such open space may be separated by the road(s) constructed within the townhouse development. Not more than 25% of such open space shall be wetlands, as defined pursuant to MGL c. 131, § 40. The required open space shall be used for conservation, historic preservation and education, outdoor education, recreation, park purposes, agriculture, horticulture, forestry, or for a combination of these uses, and shall be served by suitable access for such purposes. The required open space shall remain unbuilt upon, provided that 10% of such open space may be paved or built upon for structures accessory to the dedicated use or uses of such open space, pedestrian walks, and bike paths, and agriculture. Underground utilities to serve the townhouse development site may be located within the required open space.
F.
Buffer areas. All dwellings and structures shall be located a minimum of 50 feet from adjacent properties, and 100 feet from adjacent surface waters or wetlands. Buffer areas shall be retained in their natural vegetative state to the maximum extent feasible, except where adjacent to agriculturally used property. This provision may be waived where the Planning Board finds reasonable buffer areas already exist or may be established by alternative means.
G.
Decision. The Planning Board may approve, approve with conditions, or deny an application for a townhouse development, after assessing whether the townhouse development better promotes the objectives of § 150-7.3, herein, than would orthodox development.
H.
Relation to other requirements. The submittals and permits of this section shall be in addition to any other requirements of the Subdivision Control Law[2] or any other provisions of this Zoning Bylaw. Where the provisions of this § 150-7.3 conflict with any other provisions of the Subdivision Control Law or Zoning Bylaw (including, without limitation, § 150-4.1A and B), the provisions of this § 150-7.3 shall prevail.
[2]
Editor's Note: See MGL c. 41, §§ 81K to 81GG.
I.
Appeal. Any person aggrieved by a decision of the Planning Board pursuant to this section may appeal said decision in accordance with MGL c. 40A, § 17.