Stoughton City Zoning Code
SECTION 3
0 Use Regulations
3.1 Principal uses.
3.1.1.
Applicability of use regulations. Except as provided in the Zoning Act[1] or in this bylaw, no building, structure, or land shall be used except for the purposes permitted in the district as described in this section and in the Stoughton Center District (SCD) found in Section 9.3.4. Any use not listed shall be construed to be prohibited.
[Amended 5-2-2022 ATM by Art. 24]
[1]
Editor’s Note: See MGL c. 40A, § 1 et seq.
3.1.2.
Permitted uses. In the following Table of Use Regulations,[2] 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 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 |
[2]
Editor’s Note: The Table of Use Regulations is included as an attachment to this chapter.
3.1.3.
Uses subject to other regulations. Uses permitted by right or by special permit shall be subject, in addition to use regulations, to all other provisions of this bylaw.
3.1.4.
Table of Use Regulations. See the Table of Use Regulations in this section and the Stoughton Center District (SCD) Table of Use Regulations found in Section 9.3.4, which are declared to be part of this bylaw.[3]
[Amended 5-2-2022 ATM by Art. 24]
[3]
Editor’s Note: The Table of Use Regulations is included as an attachment to this chapter.
3.2 Accessory uses.
3.2.1.
General. An accessory use located on the same lot with, and customarily incidental to, any of uses set forth in the Table of Use Regulations[1] as allowed or allowed by special permit shall be permitted.
[1]
Editor’s Note: The Table of Use Regulations is included as an attachment to this chapter.
3.2.2.
Home occupation. A home occupation may be conducted as set forth in the Table of Use Regulations, subject to the following standards.
1.
No more than one nonresident shall be employed therein.
2.
The use is carried on strictly within the principal building or a lawful accessory structure.
3.
Not more than 40% of the existing net floor area not to exceed 400 square feet is devoted to such use.
4.
That there shall be no display of goods or wares visible from the street.
5.
No advertising on the premises other than a small nonelectric sign not to exceed two square feet in area, and carrying only the occupant's name, telephone number, e-mail or website address, and his occupation such as physician, artisan, teacher, day-nurses, lawyer, architect, salesman (type), engineer, clergyman, accountant, osteopath, dentist, and similar occupations or professions.
6.
The buildings or premises occupied shall not be rendered objectionable or detrimental to the residential character of the neighborhood due to the exterior appearance, emission of odor, gas, smoke, dust, noise, electrical disturbance, or in any other way. In a multifamily dwelling, the use shall in no way become objectionable or detrimental to any residential use within the multifamily structure. (Refer to Section 6.3, Environmental performance standards.)
7.
Any such building shall include no feature or design not customary in buildings for residential use.
8.
Such uses as clinics, barbershops, retail, gift shops, beauty parlors, tearooms, tourist homes, animal hospitals, kennels, contractor's yard, landscaper's yard, and others of a similar nature shall not be considered as home occupations.
9.
The prohibition of retail home occupations shall not be construed to prohibit infrequent yard, tag or estate sales.
3.3 Accessory structures.
[Amended 5-7-2018 ATM, Art. 48]
3.3.1.
General. In R and B Districts, a detached accessory building or structure with less than 900 square feet of gross floor area is allowed as of right, subject to the following:
1.
The accessory structure shall be located behind the front line of the principal building on the lot;
2.
The accessory structure shall not be less than five feet from any rear or side lot line or less than 10 feet from any principal building or structure; and
3.
The accessory structure shall not exceed 1.5 stories and 20 feet in height.
3.3.2.
Special permit. A detached accessory building or structure which exceeds 900 square feet of gross floor area, or exceeds 1.5 stories, or exceeds 20 feet in height shall require a special permit from the Zoning Board of Appeals. No such accessory structure shall occupy more than 25% of the required rear yard.
3.3.3.
Attached. An accessory building or structure attached to the principal building shall be considered as an integral part thereof and shall be subject to front, side and rear yard requirements applicable to the principal building or structure.
3.4 Residential portable self-storage units.
3.4.1.
General. A portable self-storage unit, otherwise known as a "POD" or a "box container," shall be allowed in a residence district for not more than six consecutive months, unless not visible from the street or any adjacent property.
3.4.2.
Exception. A portable self-storage unit serving a construction project with an active building permit is exempt.
3.5 Donation boxes.
3.5.1.
General. One or more donation boxes may be allowed on a property as set forth in the Table of Use Regulations[1] upon the grant of a special permit by the Board of Appeals.
[1]
Editor’s Note: The Table of Use Regulations is included as an attachment to this chapter.
3.5.2.
Limitations.
1.
No donation box shall be larger than 125 cubic feet.
2.
The Board of Appeals may impose reasonable conditions for the donation box, including a time limit on the special permit and provisions requiring removal of the donation box after the expiration of the special permit.
3.
The owner or lessee of the premises shall regularly ensure that surplus donations do not spill over into the parking area and are not visible from the street.