Town Of Boston City Zoning Code
ARTICLE XI
R-A Residential-Agricultural Distict
§ 123-48 Permitted uses and structures.
Uses and structures permitted in the R-A District are as follows:
A.
Permitted uses and structures:
(1)
Principal uses and structures permitted in the R-2 District.
(2)
Two-family dwellings.
(3)
Agricultural, floricultural and horticultural pursuits, including but not limited to, general farms, greenhouses, plant nurseries, truck gardens, dairy husbandry, animal husbandry and poultry and livestock, together with all customary buildings and other structures necessary for the production and storage of the products of such pursuits, provided that buildings, pens and runways for the confinement of livestock or poultry shall be at least 100 feet from any property line of an R District and no manure or other odor- or dust-producing substances shall be stored within 100 feet of any lot line.
(4)
Veterinarians, small-animal hospitals and dog kennels; provided, however, that buildings, pens or runways for the confinement of animals shall be at least 100 feet from the property line of an R District and no manure or other odor- or dust-producing substances shall be stored within 100 feet of any lot line.
(5)
Private wildlife reservations or conservation projects, including the customary buildings and structures therefor.
(6)
Cemeteries.
(7)
Hospitals or institutions of a religious, charitable, rehabilitative or philanthropic nature.
(8)
Nonprofit private clubs, including club swimming pools and/or tennis courts, catering exclusively to members and guests.
B.
The following uses by special use permit authorized by the Town Board (See Article XXXII.):
(1)
Radio, paging, telephone, cellular communication, television and related transmission or telecommunications facilities, antennas or towers; and receive only antennas and mountings or towers having a combined weight exceeding or equal to 50 pounds, subject to the following conditions and limitations:
[Amended 4-17-1991 by L.L. No. 1-1991; 6-16-1997 by L.L. No. 6-1997]
(a)
The Town Board shall consider as factors in granting such a permit the purpose for which the permit is being sought and the availability of other means of transmitting or obtaining the transmission or signal sought by the applicant.
(b)
The location of such antenna may be a condition in the granting of a special permit.
(c)
Insofar as is practicable, each antenna shall be located in an area not readily visible from the street or by adjoining property owners and shall be screened or buffered in a manner that will not materially interfere with the transmission or reception of any signal.
(d)
No antenna may be placed in any required front yard or side yard.
(e)
Where any such antenna shall, at the time of operation, be intended, in whole or in part, for use as a telecommunications facility as hereafter defined, said application shall be subject to § 123-128.1, supplemental regulations regarding approval and construction of telecommunication facilities contained in this chapter.
(2)
Gun clubs.
(3)
Private airports.
(a)
Any permit granted shall be subject to or conditioned upon the granting of approval of the proposed and completed airstrip by the agency of the federal government having jurisdiction.
(b)
The applicant shall furnish proof that he is duly licensed to fly the private aircraft for which the landing strip is proposed.
(c)
Such an airstrip shall be permitted only to the applicant on a nontransferable basis and only for use as an accessory use to the main use or building as permitted in an R-A District.
(d)
Such an airstrip may be used only for one aircraft by the resident for his own private aircraft and, for a maximum period not exceeding 24 consecutive hours, by not exceeding one additional guest aircraft in any consecutive twenty-four-hour period.
(e)
Such a permit shall be granted only for a period of two years and shall lapse automatically if unused for a period of one calendar year or more. Failure to comply with regulations hereby imposed shall be proper cause for revocation or refusal of renewal of the permit.
(f)
Such a permit may be granted by the Town Board only after a public hearing and determination that it is in the public interest to grant the same and that the proposed use will not unreasonably conflict with the rights of adjoining or adjacent owners of property and the general public.
(4)
Picnic grounds or groves for which a fee or rental is charged for the use of the premises, excluding all amusement devices other than customary playground apparatus.
(5)
Fur farming. The raising of fur-bearing animals for their fur with no attempt at domestication of these animals.
(6)
Raising of domestic honeybees.
(a)
Permit for keeping of bees may not be granted for a period exceeding two years.
(b)
Determining whether or not such permit shall be granted, the Town Board shall consider the following factors:
[1]
The location of any beehive with respect to the boundary lines of the property.
[2]
The distance of any beehive from adjacent dwellings or other areas regularly used by adjoining landowners.
[3]
Any other factors relating to the health, safety and convenience of the applicant and adjoining landowners and/or residents.
C.
Accessory uses and structures.
(1)
Accessory uses permitted and as regulated in the R-2 District.
(2)
Accessory uses and structures customarily incidental to permitted principal uses.
(3)
Refreshment stands dispensing food and nonalcoholic beverages incidental to the operation of a commercial picnic grove.
(4)
Temporary occupancy permits for six months' duration, on the approval of the Code Enforcement Officer, for the sale and display of agricultural products. Any stand used for the sale and display of such products shall contain not more than 200 square feet of floor area and shall be set back at least 20 feet from the street line.
(5)
No limit on the size of vehicles or equipment used for farming operations. Parking of one or more vehicles over one ton other than farm equipment and the tractor half of a tractor-trailer rig combination, only on permit by the Zoning Board of Appeals.
§ 123-49 Minimum lot size.
§ 123-50 Maximum height of buildings.
Unless otherwise provided, the maximum height of buildings in the R-A District shall be as specified in this section.
A.
Dwellings: 2 1/2 stories, not to exceed 35 feet.
B.
Other principal buildings: as regulated by yard requirements, up to a maximum of 35 feet.
C.
Clubs: three stories, not to exceed 35 feet.
D.
(Reserved)[1]
[1]
Editor's Note: Former Subsection D, Accessory buildings, was repealed 2-4-2004 by L.L. No. 3-2004. For current provisions, see § 123-136B(4).
E.
Farm buildings: no limit.
§ 123-51 Required yards.
Unless otherwise provided, the minimum required yards and other open spaces in the R-A District shall be as specified in this section.
A.
Front yard: 50 feet.
B.
Side yards: two required.
(1)
The minimum width of any side yard shall be 10 feet.
(2)
Other principal buildings, accessory buildings and farm buildings: Except as otherwise provided, each side yard shall equal 30 feet or a distance equal to the height of the principal building, whichever is greater; provided, however, that when a side yard adjoins a lot in any district other than an R District, such side yard shall equal 15 feet or a distance equal to 1/2 the height of the principal building, whichever is greater.
C.
Rear yard. No rear yard shall have a depth of less than 30 feet or a distance equal to the height of the principal building, whichever is greater.
D.
Maximum lot coverage: 7%.
§ 123-52 Off-street parking reference.
For applicable off-street parking regulations, see Article XVIII.