Sharon City Zoning Code
SECTION 3
0 Use Regulations
§ 3.1.1 Authorization.
No premises shall be used except as provided in the Table of Use Regulations § 3.2, and no building or structure or part thereof shall be erected, altered or extended unless in conformance with this bylaw.
§ 3.1.2 Special permits.
Uses authorized by special permit shall, where appropriate, be made subject to conditions, limitations and safeguards as provided in § 10.5. Such conditions, limitations and safeguards shall be in writing and made part of the special permit by the special permit granting authority.
§ 3.1.3 Site plan approval.
In certain business districts, new construction, additions, exterior alterations or changes of use shall require site plan approval as provided in § 10.6.
§ 3.1.4 Activities in two classifications.
Where an activity might be classified under more than one of the following uses, the more specific classifications shall determine permissibility; if equally specific, the more restrictive shall govern.
§ 3.2.1 General.
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 § 10.5, shall be designated by identification of the special permit granting authority, which is either:
BA | Zoning Board of Appeals |
PB | Planning Board |
SB | Select Board |
§ 3.2.2 Table of use regulations.
See Table 1.[1]
[1]
Editor's Note: Said table is included as an attachment to this chapter.
§ 3.3.1 General.
Accessory uses are allowed as set forth in the Table of Use Regulations, Section K. In addition, other accessory uses are allowed provided they meet the definition of "accessory use," which is "a use incidental and subordinate to the principal use, and located on the same lot."
§ 3.3.2 Accessory uses in the residential districts.
Accessory uses in the Residential Districts shall comply with the following standards:
1.
The business or profession must be owned and operated by a person residing on the premises.
2.
The business or profession shall be "subordinate" and "incidental" to the dwelling and any accessory building used in the business or profession.
4.
There shall be no building alteration resulting in a nonresidential character, or visible parking of commercial vehicles in excess of 15,000 gvw.
5.
No parking and no impervious surfaces other than walks and driveways shall be located within a required front yard setback.
6.
There shall be no sale of articles produced elsewhere than on the premises.
7.
There shall be no evidence of the business or profession discernible off the premises through persistent or excessive sound, or through glare, vibration, heat, humidity, smell, smoke, dust or other particulates, exterior storage or display, or other discernible effects.
§ 3.3.3 Accessory uses in the BA, BB, BC, and BD districts.
Accessory uses in the BA, BB, BC, and BD Districts shall comply with the following standards:
1.
Accessory uses shall be customarily incidental and subordinate to the principal use located on the same lot.
2.
Such accessory uses may include outdoor storage or display of parts, materials or inventory; enclosed storage of parts, materials or inventory in excess of the amounts reasonably required for work to be done on the premises or goods to be delivered on the premises; drive-through services serving the customer while seated in a car vending machines, shall be placed within a building or a parking lot.
§ 3.4.1 Home occupation - As of right.
One home occupation may be allowed as of right at a locus, provided that:
1.
It is conducted solely within a dwelling and solely by the person(s) occupying the dwelling as a primary residence;
2.
It is clearly incidental and secondary to the use of the premises for residential purposes;
3.
It does not produce offensive noise, vibration, smoke, dust, odors, heat, lighting, electrical interference, radioactive emission or environmental pollution;
4.
It does not utilize exterior storage of material or equipment;
5.
It does not exhibit any exterior indication, including signs, of its presence or any variation from residential appearance;
6.
It does not produce any customer, pupil, or client trips to the occupation site and has no nonresident employees;
7.
It is registered as a business with the Town Clerk.
§ 3.4.2 Home occupation - By special permit.
One home occupation may be allowed at a locus by special permit issued by the Planning Board, provided that:
1.
It fully complies with § 3.4.1.2, 3, 4 and 7, above;
2.
It is conducted within a dwelling 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 three additional employees;
3.
It 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 this bylaw;
4.
A special permit for such use is granted by the Board, 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 vehicle trips. Such special permit shall be limited to the time of the transfer of the property.
§ 3.5 Short-term rentals.
[Added 5-1-2023 ATM by Art. 26]
§ 3.5.1 Purpose.
The purpose of this chapter is to protect the health, safety, and welfare of both the occupant(s) of short-term rental housing units and the general public and to maintain the quality of life in residential neighborhoods. Furthermore, this bylaw is intended to provide for the orderly operation of short-term rentals within the Town and prevent negative impacts on neighborhood character, housing availability, house prices, availability of long-term rental units, and impacts on infrastructure services such as septic systems, parking, access, fire codes, building code enforcement and snow removal. These regulations are also intended to assist the Board of Health, the Building Department, and the Fire Department in the enforcement of state and local health and safety laws and regulations related to short-term rental units and to provide a method for correcting violations when conditions require immediate attention in situations associated with Short-Term Rentals.
§ 3.5.2 Short-term rental registration.
Registration is required.
1.
No owner shall rent, or offer to rent, any short-term rental for more than 14 days in any twelve-month period before registering with the Sharon Building Department. No tenant or lessee of an owner shall let or sub-let a short-term rental unless the owner consents in writing.
a.
Where a short-term rental unit is part of a condominium association, the applicant must be able to provide a signed statement that states that the operation of a short-term rental is not prohibited by condominium documents, bylaws, or other governing documents. The applicant must also submit a copy of the condo agreement to prove their claim.
2.
Compliance. A dwelling used as a short-term rental shall at all times comply with the provisions of all state and local health and safety laws, bylaws and regulations, including, but not limited to; Chapter 195, Noise, the Fair Housing Act, MGL c. 151B, and local equivalents and regulations related thereto, and all other regulations applicable to residential dwellings, except as specifically set forth otherwise herein.
3.
Application required. The owner of the dwelling shall be required to complete a Sharon short-term rental registration application with the Sharon Building Department. The applicant shall also provide proof each short-term rental is registered with the Massachusetts Department of Revenue.
4.
Registration; renewal. The Sharon Building Department may, per the above sections, issue a certificate of registration which shall expire on the following September 1, provided that the certificate shall be renewed every year. Short-term rental registrations may be renewed every year and include submission of a new application and payment of the renewal fee, prior to scheduled inspection by the Sharon Building, Health and Fire Departments.
5.
Non-transferability. Short-term rental registrations shall be granted solely to an owner and shall not be transferable or assigned to any other person, legal entity, or address. The registration does not run with the property; it shall be terminated upon the sale or transfer of the property for which the registration has been issued.
§ 3.5.3 Publication of registration number.
The Town-issued registration number shall be included on any listing offering the short-term rental for rent and displayed on the certificate of registration on the premises.
§ 3.5.4 Contact information of owner, operator, and/or operator's agent.
1.
An owner of a short-term rental shall provide the Sharon Building Department with their current residential address and telephone number upon application for registration.
2.
If the owner is a corporation, the name, address, and telephone number of the president and legal representative of the corporation shall be provided. If the owner is a realty trust or partnership, the name, address, and telephone numbers of the managing trustee or partner shall be provided.
3.
The name and contact information of the operator must be provided, along with the name and contact information of an operator's agent, if different from the operator, who can respond in person to any issues or emergencies that arise during occupancy within one hour of the complaints regarding the condition or operation of the short-term rental. Contact information must include a telephone number that is available 24 hours per day, seven days a week to short-term rental occupants and the above-stated public safety agencies. This contact information shall be included in the application for a short-term rental registration and shall be posted conspicuously within the rental unit.
§ 3.5.5 Posting of notices.
The Town shall provide information to each registered operator summarizing the regulations for short-term rentals. For each short-term rental registration issued, this will include, but shall not be limited to: the name and twenty-four-hour contact information of the operator or operator's agent designated in the application, requirements for trash removal, occupancy requirements, parking, and noise restrictions. The operator shall:
1.
Provide each occupant with a copy of the provided information; and
2.
Post the information, along with the short-term rental registration, in a conspicuous location within the short-term rental.
3.
Post a diagram indicating the location of all fire extinguishers, gas shut-off valves, fire exits, and fire alarms inside the short-term rental unit, as well as in the building, and evacuation route(s) highlighted in red. The diagram shall be posted in a conspicuous location.
§ 3.5.6 Specific standards of short-term rental properties.
1.
Trash removal. The short-term rental operator shall be responsible for ensuring that household trash is removed from the premises immediately after occupancy is concluded or once per week, whichever is more frequent.
2.
Parking. On-site parking of one space per short-term rental bedroom.
3.
Commercial meetings and uses are prohibited in short-term rentals.
4.
Each short-term rental shall contain functional smoke detectors and carbon monoxide alarms. In addition, the operator shall provide and maintain one 2.5 lb. multi-purpose, ABC fire extinguisher on each floor.
§ 3.5.7 Occupancy requirements.
The maximum number of occupants in a short-term rental shall be two per bedroom.
§ 3.5.8 Keeping of register.
The operator or operator's agent shall be responsible for keeping a register containing the name of the occupant who is the leaseholder, the total number of occupants, and dates of occupancy. The register shall be retained for a period of two years.
§ 3.5.9 Ineligible units.
The following are not eligible to be rented or offered to rent as short-term rentals:
1.
Dwellings designated as below market rate or income-restricted, that are subject to affordability covenants, or that are otherwise subject to housing or rental assistance under local, state, or federal law;
2.
Accessory dwelling units;
3.
Dwellings subject to any requirement of local, state, or federal law that prohibits the leasing or subleasing of the unit or use of the unit as a short-term rental;
4.
Dwellings that are the subject of any outstanding building, sanitary, zoning, or fire code violations, orders of abatement, stop work orders, unsafe orders, or cease and desist orders.
5.
Units in arrears regarding any municipal or state taxes, fines, or fees.
6.
Recreational vehicles (RVs).
7.
Boats and boathouses.
8.
Tiny homes that are built on a mobile platform or that are not the primary structure in the lot.
9.
Any other dwelling that is not the primary structure.
§ 3.5.10 Failure to pay municipal taxes, fees, assessments, and charges.
The privilege of receiving or holding a short-term rental registration is contingent upon the timely payment of municipal and district taxes, fees, assessments, and charges. Failure of a person to comply with this requirement shall be the cause, after notice and hearing pursuant to the requirements of MGL c. 40, § 57, for denial, suspension, amendment, or revocation of a short-term rental registration for any property in which the person holds a direct or indirect ownership interest, as above defined.
§ 3.5.11 Inspections.
Short-term rentals shall be subject to a mandatory initial inspection and thereafter inspections every year by the Sharon Inspector of Buildings, Fire Department, Health Department, or other duly authorized authority from the Town.
§ 3.5.12 Complaint process, violations.
1.
Complaint. A complaint alleging that a short-term rental violates this chapter or any applicable law, code, or regulation may be filed with the Sharon Inspector of Buildings. The complaint must contain the short-term rental address, unit number, date and nature of the alleged violation(s), and name and contact information of the complainant.
2.
Written notice of any violations of this chapter shall be treated as a complaint and may also be initiated by the Inspector of Buildings. The notice shall specify the nature of the violation to the occupant and owner and the time within which compliance must be achieved. The requirements of this subsection shall be satisfied by mailing such notice, through the United States Postal Service by certified mail, or by delivering in hand such notice as memorialized by an affidavit of any Town employee or officer authorized to serve any form of process notice to the owner or legal representative named on the registration application.
3.
Any notice required or contemplated by this chapter shall be deemed sufficient if delivered to or mailed to the mailing address listed by the owner on the short-term rental registration application then on file with the Sharon Building Department. A written change-of-address notice signed by the owner/s and delivered to the Sharon Building Department may be filed at any time.
4.
Review of complaint. The Inspector of Buildings shall investigate the complaint(s) within a reasonable timeframe and shall determine whether there may be a violation. If the alleged violation is under the jurisdiction of another city or state or federal agency, the Inspector of Buildings shall refer the complaint to such agency for further action. Upon a finding of a potential violation, the Inspector of Buildings or designee shall serve notice of the violation upon the owner of the short-term rental. The Inspector of Buildings shall keep records of all complaints received and determinations made.
5.
Offering an ineligible unit as a short-term rental. Any person who offers a unit as a short-term rental, where such unit is not an eligible dwelling unit or is not registered, may be fined in accordance with the fine schedule herein on a per violation per day basis. Each day's failure to comply with a notice of violation or any other order shall constitute a separate violation. The Inspector of Buildings or a designee may also seek an injunction from a court of competent jurisdiction prohibiting the offering of the unit as a short-term rental.
6.
Failure to obtain a registration. Any person who offers an eligible dwelling unit as a short-term rental without a valid short-term rental registration, or any person who offers an eligible dwelling unit as a short-term rental while the unit's registration is suspended, may be fined in accordance with the fine schedule herein on a per violation per day basis. Each day's failure to comply with a notice of violation or any other order shall constitute a separate violation.
7.
Failure to comply with notice of violation. Any person who fails to comply with any notice of violation or other order issued pursuant to this section by the Commissioner or a designee for a violation of any provision of this section may be fined in accordance with the fine schedule herein on a per violation per day basis. Each day's failure to comply with a notice of violation or any other order shall constitute a separate violation.
8.
Right to appeal. A person upon whom a notice of violation has been served may appeal the decision of the Inspector of Buildings for a decision from the Zoning Board of Appeals, which hearing shall be conducted and such decision shall be rendered in accordance with the applicable provisions of Sections 8, 11 and 15 of Chapter 40A of the General Laws, as the same may be amended from time to time.
9.
Violations of an unoccupied dwelling shall be corrected prior to occupancy. Violations found in an occupied dwelling shall be corrected within the time specified as determined by the Inspector of Buildings.
10.
If a written petition for a hearing is not filed within 14 days after the notice of violation has been served, or if, after a hearing, the notice of violation has been sustained in any part, each day's failure to comply with the notice of violation within the time allotted as issued or modified shall constitute a separate violation.
§ 3.5.13 Registration suspension, modification, and revocation.
In addition to, and not in lieu of, the fines that may be assessed pursuant to this chapter, the Sharon Inspector of Buildings, after notice and public hearing, may suspend, revoke or modify any or all registration approvals issued hereunder to an owner for violation of these regulations or of any conditions imposed by the Sharon Inspector of Buildings, notwithstanding that a violation may have been found with respect to one or more, but not all of the registered properties held by an owner. These remedies shall be non-exclusive.
§ 3.5.14 Judicial appeals.
Any person aggrieved by a final decision of the Zoning Board of Appeals and Sharon Inspector of Buildings with respect to a notice of violation or any other order issued under this section may seek relief therefrom in any court of competent jurisdiction.
§ 3.5.15 Penalties.
If any occupant, operator, or owner violates any provision of this chapter, the owner may be subject to a fine in accordance with the following: $300 first offense and each subsequent offense. Each day that a violation exists constitutes a separate offense.
§ 3.5.16 Enforcement.
The Town may enforce the provisions of this chapter by any or all of the following: the noncriminal disposition process of MGL c. 40, § 21D; by seeking to restrain a violation by injunction; and by filing a complaint in any court of competent jurisdiction.
§ 3.5.17 Regulations.
The Sharon Select Board may adopt regulations, policies and procedures for the implementation of this section.
§ 3.5.18 Severability.
Each provision of this section shall be construed as separate. If any part of this section shall be held invalid for any reason, the remainder shall continue in full force and effect. In the event of a conflict between this section and any other section or chapter of the General Code of Sharon, this § 3.5 shall control.
§ 3.5.19 Annual reporting.
The Town Administrator shall publish annually in the Town of Sharon Annual Report the statistical data relating to short-term rentals.
§ 3.5.20 Room occupancy excise and community fees.
Short-term rentals subject to the provisions of this bylaw are subject to the room occupancy excise under MGL c. 64G and short-term rental community impact surcharge.
§ 3.5.21 Liability.
Nothing in this bylaw shall be construed to make the Town responsible for compliance with or enforcement of a lease, condominium bylaws, or other governing documents, or any contract or agreement to which the Town is not a party.
§ 3.5.22 Requirements.
Short-term rentals shall comply with all applicable federal, state, and local laws, regulations and codes.