B.
For the purposes of this Zoning Ordinance, the following
uses of a building, structures and land are permitted in all portions
of the City, as hereafter provided:
(1)
Any building or structure which conforms to the provisions
of this chapter and in compliance with the Building Code of the City
of Marlborough.
A.
Permitted uses in the Business District B and Commercial
Automotive District CA shall be conducted in enclosed buildings except
for the following: required off-street parking spaces; outdoor storage;
parking lots; open air markets; outdoor dining; outdoor recreation;
places of amusement and places of assembly.
B.
Permitted uses in the Limited Industrial Districts
shall be conducted in enclosed structures or buildings except for
the following: outdoor parking and loading areas; accessory uses completely
hidden from abutting streets, lots or tracts by appropriate screening
and fencing; uses necessary in connection with scientific research,
development or related production; recreation and athletic facilities
related to residential conference and training centers; other outdoor
recreation facility or use; and outdoor dining areas.
C.
In Commercial Automotive CA, Limited Industrial LI
and Industrial I Districts, any use similar in character and similar
in effect on adjacent property to those uses allowed in the district
(either by right or by special permit) may be allowed by special permit
from the City Council.
(The Table of Uses is included at the end of this chapter.)
A.
Conditions for use as noted in the Table of Uses.
(1)
Single-family zero lot line:
(a)
Located within an open space development in accordance with the requirements of § 650-28E(3).
(b)
Have the appearance and character of single-family
dwellings.
(2)
Conversion of a single-family house to a two-family
house. Conversion of a single-family house existing at the time of
the passage of the original Zoning Ordinance in 1956 to accommodate
two families, provided that:
(a)
The house contains at least 1,800 square feet
of gross floor area, not including basement rooms or open attic space.
(b)
The lot contains at least 15,000 square feet
in Rural Residence Districts and 10,000 square feet in Residence A-1,
Residence A-2 and Residence A-3 Districts.
(c)
The appearance and character of a single-family
house is preserved.
(d)
Stairways, unless on the rear of the building,
shall be located within the walls of the building and, on corner lots,
shall be within the walls of the building.
(3)
Conversion of a two-family to a three-family. The
conversion of a one- or two-family residence building to accommodate
not more than three dwelling units, provided that:
(a)
The exterior one- or two-family character of
the building is not altered and no major structural change is made
in the exterior other than is necessary to provide means of egress
from each unit as required by the Building Code. Stairways, unless
in the rear of the building, shall be located within the walls of
the building and, on corner lots, shall be within the walls of the
building.
(b)
There is at least 600 square feet of floor area
for each dwelling unit, and provided further that each dwelling unit
has separate toilet and cooking facilities.
(4)
Multifamily dwelling. One structure or multiple structures consisting of a multifamily dwelling containing three or more dwelling units on a single lot, provided that the lot meets all the requirements of Article VII and, in addition, has a landscaped area meeting all the requirements of § 650-18A(9)(e). The above provision shall not apply to mixed use or multifamily developments within the Marlborough Village District.
[Amended 12-1-2014 by Ord. No. 14-1005947C; 12-16-2019 by Ord. No. 19-1007716E]
(5)
Trailer; mobile homes.
(a)
Trailer coaches; mobile homes. No trailer coach
or mobile home may be occupied except in a trailer park operating
under a license from the Board of Health and by special permit of
the City Council.
(b)
Trailer offices and storage trailers are permitted
on site only within the locus of construction activity and only during
the period of active construction which is carried on continuously
in good faith pursuant to a valid building permit.
(c)
Trailer showrooms are prohibited.
(6)
Accessory uses, residential.
(a)
For residences such uses are limited to:
[1]
A toolshed, playhouse, tennis court, boathouse
or other building or structure for domestic use, such as storage of
boats and boat trailers or private garage for motor vehicles, but
not including more than one vehicle owned by a nonresident of the
premises.
[2]
The taking of no more than three lodgers or boarders by a resident family in a dwelling, except in Residence C Districts, provided that no dwelling so used shall be enlarged but may be remodeled for the same or like purpose, and stairways, unless in the rear of the building, shall be located within the walls of the building and, on corner lots, shall be within the walls of the building, and further provided that the requirements of Article VII, including but not limited to off-street parking, lot coverage and landscaping and screening, are met in full.
(b)
For farms such accessory uses are limited to:
[1]
The uses of Subsection A(6)(a)[1] without a limitation as to number.
[2]
Garages for farm vehicles and equipment, barns,
greenhouses, silos, storages or other buildings for temporary or permanent
farm use.
[3]
Stand for the sale of produce raised on the
premises only.
(7)
Customary home occupations. Customary home occupations
are permitted, provided that:
(a)
No more than 25% of the floor area of the residence
is used for the purpose of the home occupation or the professional
use or, if an accessory building is used, no more than 30% of the
floor area of the accessory building and residence combined.
(b)
There is no external evidence of the home occupation
or the profession, and no major structural change shall be made in
the exterior so as to alter the appearance and character of the residence.
(c)
There are not more than two nonresidents employed
on the premises.
(8)
Customary yard sales, charitable sales, bazaars. Customary
residential yard sales, charitable sales or bazaars are permitted,
provided that:
(a)
The sales are not conducted for business purposes. See § 650-18A(29) for regulations pertaining to open air markets conducted primarily for business purposes.
(b)
The residential yard sales are primarily intended
to dispose of personal property belonging to residents living on or
near the premises. As used herein, personal property shall not include
property purchased or otherwise obtained for the purpose of resale.
(c)
No permanent change in the site or structure
shall be made so as to alter the appearance or character of the lot.
(9)
Two residential structures on a lot less than 80,000
square feet. Two or more structures consisting of single-family, two-family
or multifamily dwellings or any combination thereof on a single lot
of not less than 80,000 square feet and subject to the following conditions:
(a)
Each building shall face either upon an existing
street and shall have a minimum front yard of 60 feet or face upon
an open space which, in its least dimension, shall not be less than
60 feet. Each building, whether principal or accessory, shall be at
least 60 feet distant from any other building in the group by air
line distance between the nearest points of the buildings.
(b)
No dwelling unit shall contain less than three
rooms, exclusive of halls and bathrooms. There shall be a minimum
of 600 square feet of floor space, exclusive of halls and stairs,
for each three-room dwelling unit, and for each additional room, the
floor space shall be increased by at least 120 square feet.
(c)
There shall be at least 5,000 square feet of
lot area for each family on the lot.
(d)
No part of any principal building shall be within
20 feet of any lot line.
(e)
There shall be landscaped area provided equal
to the greatest single floor area of the building or equal to the
sum total of the greatest single floor areas of all the principal
buildings. The landscaped area shall meet the following requirements:
(10)
Agriculture, horticulture or floriculture, on
lots of more than five acres. Agriculture, horticulture or floriculture
or the expansion or reconstruction of existing structures for the
primary purpose of agriculture, horticulture or floriculture, except
that all such activities shall be limited to parcels of more than
five acres which are not zoned for agriculture, horticulture or floriculture.
(12)
Livestock farms. The raising of or keeping of
a small flock of poultry (other than chicken hens), less than 10,
or of saddle horses, private kennel, livestock, or other farm animals
for use only by residents of the premises, provided further, that
adequate open space is available for their care.
[Amended 5-18-2020 by Ord. No. 20-1007915D]
(13)
Farms and poultry farms. Farms and poultry farms,
but not piggeries; market gardens, orchards, nurseries, greenhouses
and stands for the sale of produce raised on the premises. Cultivated
uses are allowed up to all property and street lines. All other uses
permitted shall be located not less than 25 feet from any street line.
(14)
Golf courses, country clubs and beaches. Golf
courses, country clubs and beaches and the sale of equipment and refreshments
incidental to that of the foregoing purposes shall be permitted in
Rural Residence Districts. In Residence A-1, A-2 and A-3 Districts,
the foregoing shall be permitted by special permit.
(15)
Charitable and philanthropic buildings. Religious
purposes or educational purposes on land owned or leased by the commonwealth
or any of its agencies, subdivisions or bodies politic or by a religious
sect or denomination or by a nonprofit educational corporation; provided,
however, that such land or structure shall be subject to regulations
concerning the bulk and height of structures, yard size, lot area,
open space, parking and building coverage requirements in accordance
with the provisions of this chapter.
(16)
Child-care centers. Child-care centers (either
nonprofit or for-profit) subject to reasonable regulations concerning
the bulk and height of structures and determining yard sizes, lot
area, setbacks, open space, parking and building coverage requirements.
(17)
Public buildings. Buildings used exclusively for administrative purposes, such as government buildings, City, county, state or federal; telephone exchanges and other administrative office buildings, provided that there is no service yard or garage; parks and playgrounds and housing for the elderly under the jurisdiction of any governmental agency. The use of any building, structure and/or land which is used by a lessee of the City of Marlborough is permitted in all portions of the City with prior approval of the City Council following, when requested by a Councilor, a public hearing, and any such use as an assisted living facility shall be exempt from compliance with the dimensional, landscaping and parking requirements set forth in Chapter 650, Article VII, §§ 650-40 through 650-49, provided that approval of wireless communications facilities shall be subject to the provisions of § 650-25.
[Amended 8-28-2006 by Ord. No. 06-1001202B]
(18)
Buildings converted to offices, banks, insurance
and financial institutions. Buildings converted to offices, banks,
insurance and financial institutions, provided that the exterior character
of the building shall not be altered.
(19)
Retail stores, shops and service establishment
uses, excluding automotive service establishments (such as gasoline
filling stations and places for the repair and service of motor vehicles),
on a retail lot are also permitted upon the issuance of a special
permit, provided that such uses are not inconsistent with uses customarily
located in shopping malls.
(20)
Commercial radio towers, television towers and wireless communication. Commercial radio towers, television towers, receivers, transmitters and wireless communications facilities only when authorized by a special permit of the City Council and pursuant to all the applicable provisions of § 650-25 of this chapter.
(21)
Hotels and motels with conference centers. Hotels
and motels, together with associated conference, trade and meeting
facilities. Commercial uses may also be included, subject to the same
special permit and subject to the following limitations:
(a)
Permitted commercial uses shall be limited to
the following: flower shops; laundry and dry-cleaning pickup stations;
restaurants; snack bars; sundries shops; gift shops; banks; travel
agencies; car rental agencies and similar uses.
(b)
The structure which houses the commercial uses
must be under the same ownership as the hotel or motel.
(c)
The major public entry to commercial facilities
shall be provided from the interior of the hotel or motel.
(d)
No outside storage or display of merchandise
shall be permitted.
(22)
Residential conference and training center with
food and recreation facilities. Residential conference and training
center, which may include conference and education facilities, facilities
for preparation and serving of food and alcoholic and other beverages,
sleeping and living accommodations, tennis courts, swimming pools
and other recreational and athletic facilities, on a single lot of
not less than 15 acres.
(23)
Recreation centers. Recreational center for
the purpose of providing ice-skating rinks, swimming pools, tennis
courts and any other indoor or outdoor recreational facility and use.
(24)
Clubs. Clubs, provided that the chief activity
of such club is not a service customarily carried on as a business.
(25)
Places of repair for cars, boats, trucks and
farm equipment. Automobile sales and service. No use otherwise permitted
pursuant to automotive sales and service and salesrooms and places
for the repair and service of boats, trucks, cars, farm equipment
and building supplies shall be allowed if any residential use is still
being made of the property. In addition, no said use pursuant to the
uses noted above shall be allowed on any lot which is smaller than
one acre in size as of November 1, 1995, unless a special permit authorizing
said use has been approved by the City Council.
(26)
Outdoor storage. Outdoor storage, but not an
auto junkyard, may be permitted in the Business, Commercial Automotive,
and Industrial Districts if it is accessory to one of the permitted
uses in the zoning district in which the main building and lot is
located. Outdoor storage is allowed as an accessory use in a Limited
Industrial District only for light non-nuisance manufacturing and
assembly of specialized vehicles for use by municipal, state and other
public agencies. Further, the outside storage must be adequately screened
from the street and adjacent properties to obscure the materials stored
therein.
[Amended 5-9-2005 by Ord. No. 05-100713C]
(27)
Parking lots and garages. Automobile parking
garages or lots are permitted, provided that the drives are at least
100 feet from intersections.
(28)
Gasoline filling stations and auto service establishments.
Automotive service establishments, such as gasoline filling stations
for dispensing fuel, washing and lubricating vehicles, and such minor
repairs as changing tires, provided that all activities except dispensing
fuel are conducted inside the structure. No entrance or exit shall
be within 50 feet of any residence district, and no appliances for
dispensing gasoline or greasing or oiling automobiles shall be located
within 50 feet of any residence or within 20 feet of any street line.
(29)
Open air markets. Open air markets, including flea markets, conducted by one or more sellers in the open air or under tents or other temporary structures, where the primary purpose of the markets is business related, provided the market operator responsible for the entire market receives a license from the City Council as specified in Chapter 444 of the Code of the City of Marlborough.
(30)
Soil removal. Removal from the site of sod, loam, sand, clay, gravel, stone or quarry stone from any location, provided that approval of the City Council is obtained in accordance with Chapter 534, Soil Removal, of the Code of the City of Marlborough.
(31)
Restaurants and cafes.
(a)
Restaurants and cafes serving food outdoors,
including drive-in facilities.
[1]
Outdoor dining areas shall not be located in parking or landscaped areas required by Article VII.
[2]
Outdoor dining areas shall be screened from
any abutting lot residentially zoned or used by a solid fence at least
six feet high.
[3]
Any raised structure (such as a deck) on which
the outdoor dining occurs shall comply with the building setback requirements
of this chapter.
[4]
Any at-grade area on which the outdoor dining
occurs shall be located no closer to the lot line than would otherwise
be allowed of exterior parking areas.
[5]
Service of alcoholic beverages out of doors
shall require a separate license from the License Commission and any
appropriate state approval.
[6]
Within the Marlborough Village District, a special permit may
be granted to allow for rooftop, sidewalk, or other outdoor restaurant
seating that varies the provisions of this section.
[Added 12-1-2014 by Ord.
No. 14-1005947C]
(b)
Restaurants and cafes for employee use. Service
buildings, built and maintained by one or more of the permitted uses,
containing either or all of the following uses: restaurant, drugstore,
bank or other similar services primarily for the use of employees
of the permitted uses, are allowed in Limited Industrial and Industrial
Districts.
(32)
Adult bookstore, video store, paraphernalia
store, motion-picture theater, live entertainment establishment.
(a)
(b)
Special permits for uses listed above shall
be subject to the establishment of rules and regulations promulgated
by the City Council and shall also be subject to the following terms
and conditions:
[1]
No use listed above may be located less than
1,000 feet from a residential zone, school, library, church or other
religious use, day-care facility, public park, public playground,
public recreational facility or another use listed above. The one-thousand-foot
distance shall be measured from all property lines of the proposed
uses listed above.
[2]
No pictures, publications, videotapes, movies,
covers or other implements, items or advertising that fall within
the definition of any use listed above, or are erotic, prurient or
related to violence, sadism or sexual exploitation shall be displayed
in the windows of or on the building of any establishment listed above
or be visible to the public from the pedestrian sidewalks or walkways
or from the other areas, public or semipublic, outside such establishments.
[3]
No special permit shall be issued to any person
convicted of violating the provisions of MGL c. 199, § 63,
or c. 272, § 28.
[4]
Any special permit issued by the City Council
pursuant to the uses listed above shall lapse within one year of the
date of the grant, not including the time required to pursue or await
termination of an appeal referred to in MGL c. 40A, § 17,
if substantial use thereof has not sooner commenced except for good
cause or, in the case of permit for construction, if construction
has not begun within two years of the date of grant except for good
cause.
[5]
Any existing establishment listed above shall
apply for such permit within 90 days following the adoption of the
above-referenced additions to the Zoning Ordinance by the City of
Marlborough.
(33)
Research, experimental and testing labs. Research,
experimental or testing laboratories shall be permitted, provided
that, for biomedical and biotechnology uses, the following provisions
shall apply:
(a)
All use of RDNA shall be undertaken only in conformity with current and applicable NIH guidelines, as promulgated in the Federal Register and as may be amended from time to time by the NIH or by any successor agency. (Refer to § 650-5 for definitions of "RDNA" and "NIH Guidelines.")
(b)
All users of RDNA technology shall provide at
their own cost appropriate medical and environmental surveillance
programs in accordance with the NIH guidelines.
(c)
Use of RDNA technology shall require certification
by the user to the Board of Health that the use is in full compliance
with the NIH guidelines. The Board of Health may establish appropriate
rules and procedures to administer these requirements.
(34)
Light manufacturing using portable electric
machinery. Light manufacturing using portable electrical machinery
is permitted, provided that it is above the ground floor of a business
building.
(35)
Associated and accessory research uses. Uses,
whether or not on the same parcel as activities permitted as a matter
of right, accessory to activities permitted as a matter of right,
which activities are necessary in connection with scientific research
or scientific development or related production.
(36)
Manufacturing and/or warehousing of footwear, precision instruments, tool and die, dental, medical and optical equipment, electrical or electronic instruments, hobby vehicle storage, biomedical or biotechnology products, subject to the provisions governing biomedical research in Subsection A(33) above, provided truck loading and parking areas are effectively screened from abutting office and residential use. Oil or asphalt manufacturing is prohibited.
[Amended 10-20-2021 by Order No. 21-1008344D]
(37)
Manufacturing or warehousing (Industrial Districts).
Oil or asphalt manufacturing is prohibited.
(38)
Retail sales accessory to manufacturing. Retail
outlets accessory to manufacturing firms are permitted, provided that
they use less than 1/3 of the floor and/or ground area.
(39)
Service buildings, industrial. Service buildings,
built and maintained by one or more of the permitted uses in the LI
or I Districts shall be permitted containing either or all of the
following uses: restaurant, drugstore, bank or other similar services
primarily for the use of employees of the permitted uses.
(40)
Large tract development. The following uses
of land, buildings and structures are permitted on a large tract development
lot, provided that a traffic impact and access study, sufficient in
scope in the opinion of the City Engineer, is prepared and submitted
as part of site plan review and approval for the proposed large tract
development:
(41)
Hotels within the Marlborough Village District are by right, subject to site plan approval by the City Council with input from department staff who participate in administrative site plan review as provided under § 270-2. See in § 650-34B special provisions for site plan review by City Council of hotels in the Marlborough Village District.
[Added 12-1-2014 by Ord.
No. 14-1005947C]
(42)
Mixed-use development, including multifamily residential uses,
shall not be subject to special permit provisions for multifamily
uses. In the Wayside District, multifamily dwelling shall be allowed
only as part of a mixed-use development. Mixed-use development may
include vertically mixed uses in a single building or horizontally
mixed uses in which multiple buildings create the mix of uses on a
single parcel. Each individual building may include a single use with
multiple uses occurring next to each other and within multiple buildings
on the single parcel.
[Added 12-1-2014 by Ord.
No. 14-1005947C; amended 12-16-2019 by Ord. No. 19-1007716E]
(43)
A combination of permitted business uses is allowed, such as
a coffee shop in a bookstore, or a restaurant in a food/wine shop,
or entertainment/arcade elements accessory to a restaurant.
[Added 12-1-2014 by Ord.
No. 14-1005947C]
(44)
Assisted living facilities:
[Added 11-28-2016 by Ord.
No. 16-1006631D]
(a)
Shall only be located within the A-2 Zoning District north of
U.S. Route 20 and with frontage on Massachusetts State Route 85;
(b)
Shall be located only on parcels of five acres or more;
(c)
Shall be subject to a special permit based on the City Council's
written determination which shall include, but not be limited to,
consideration of each of the following criteria:
[1]
Adequate access to and from the proposed assisted living facility
for emergency response vehicles;
[2]
Adequate alternative access, if necessary, to and from the proposed
assisted living facility in case an emergency requires evacuation
thereof;
[3]
Provision for medical transport; and
[4]
The overall impact of the proposed assisted living facility
will not adversely affect the neighborhood or the City; and
(d)
Shall be subject to the following additional requirements:
[1]
Dimensional conformity. A proposed assisted living facility shall conform to the dimensional criteria for the A-2 Zoning District as set forth in § 650-41, entitled "Table of Lot Area, Yards, and Height of Structures"; provided, however, that if the City Council finds, in accordance with § 650-59C(12)(a), that (i) land to be donated for municipal purposes to the City as a condition of a special permit to be granted hereunder will benefit the City and its citizens generally, and that (ii) prior to such land donation the proposed assisted living facility otherwise conforms to the dimensional criteria of § 650-41, then the City Council may, as a condition for granting a special permit hereunder, modify § 650-41's dimensional criteria as applied to the proposed assisted living facility.
[2]
Application process.
[a]
The applicant shall submit a plan for the overall
development, including a final site plan showing the final completed
development in all phases as contemplated on the site at the time
of application, regardless of the number of phases in which it may
be constructed. The application shall include, at a minimum, a completely
designed first phase of development.
[b]
The application shall be filed in the name of the
applicant. The applicant must either own the development parcel or,
when the application is submitted, submit authorization in writing
to act for all of the owners of the development parcel.
[3]
Design standards. In addition to all applicable landscaping and screening regulations set forth in § 650-47, the following design standards shall apply:
[a]
Structures shall be designed to be compatible in
architectural character with the surrounding neighborhood and shall
not present an "institution"-like front facade;
[b]
Surface parking in front of the facility shall
be minimized, with staff parking preferably at the side and rear;
[c]
Rooftop mechanicals shall be screened and not look
like "add-on" elements;
[d]
Pedestrian walkways and connections to surrounding
uses, particularly public uses, shall be encouraged;
[e]
Bicycle parking shall be provided; and
[f]
As appropriate, a covered bus shelter may be required.
(45)
Medical marijuana treatment centers:
[Added 4-2-2018 by Ord.
No. 18-1007163-1C]
(a)
Shall only be located within those portions of the B and LI
Districts located along Massachusetts State Highway Route 20 (Boston
Post Road) from the Northborough town line to Massachusetts State
Highway Route 495, and within those portions of the B, Wayside and
LI Districts located along Massachusetts State Highway Route 20 (Boston
Post Road) from the Sudbury town line to Phelps Street;
[Amended 12-16-2019 by Ord. No. 19-1007716E]
(b)
Shall have frontage on Massachusetts State Highway Route 20
(Boston Post Road); and
(c)
Shall be subject to the provisions of local and state laws, standards and regulations, and ordinances, including without limitation § 650-32 of the Zoning Ordinance of the City of Marlborough, any conditions imposed on licenses and permits held by the medical marijuana treatment center, agreements between the medical marijuana treatment center and the City of Marlborough, and a special permit from the City Council (the special permit granting authority).
(46)
Adult use marijuana retail; marijuana accessories retail:
[Added 5-21-2018 by Ord.
No. 18-1007163-2D]
(a)
Shall only be located within those portions of the B and LI
Districts located along Massachusetts State Highway Route 20 (Boston
Post Road) from the Northborough town line to Interstate Highway Route
495, and within those portions of the B, Wayside and LI Districts
located along Massachusetts State Highway Route 20 (Boston Post Road)
from the Sudbury town line to Phelps Street;
[Amended 12-16-2019 by Ord. No. 19-1007716E]
(b)
Shall have frontage on Massachusetts State Highway Route 20
(Boston Post Road); and
(47)
Medical and/or adult use marijuana cultivator, independent testing
laboratory, product manufacturer or transporter:
[Added 5-21-2018 by Ord.
No. 18-1007163-2D]
(a)
Shall only be located within those portions of the I and LI
Districts located west of Interstate Highway Route 495;
(b)
Shall be limited in number to one of each type (cultivator,
independent testing laboratory, product manufacturer or transporter),
but in no event fewer than the number of medical marijuana treatment
centers registered to engage in the same type of activity in the City
of Marlborough;
(c)
Shall be subject to the provisions of state law and of § 650-32, including but not limited to a special permit from the City Council (the special permit granting authority);
(d)
All aspects of a medical and/or adult use marijuana cultivator,
independent testing laboratory, product manufacturer or transporter
concerning marijuana or products containing marijuana, related supplies
or educational materials must take place in a fixed location within
a fully enclosed building, with the exception of the actual transport
of marijuana, marijuana products and related supplies, and shall not
be visible from the exterior of the building; and
(e)
No outside storage or display of marijuana, related supplies,
equipment, or educational materials is permitted.
(48)
Contractor's yard and landscape contractor's yard.
[Added 6-22-2020 by Ord.
No. 20-1007947H]
(a)
Exemptions; design standards for certain existing yards. All
existing contractor's yards and landscape contractor's yards in the
CA or LI Zoning District as of the date of this amendment that existed
prior to December 31, 2014, shall not be required to obtain a special
permit, but shall file for site plan review with an as-built plot
plan by the City of Marlborough Site Plan Review Committee within
nine months of the effective date of this subsection and complete
site plan review within 24 months of the effective date of this subsection.
Said site plan review shall be limited to the following design standards:
[1]
Screening. To the maximum extent practicable, the yard shall
be adequately screened from the street and adjacent properties to
obscure the vehicles parked thereon, and the equipment and/or materials
stored therein, to create an effective visual barrier.
[2]
Vehicles, equipment and/or materials. To the maximum extent
practicable, all vehicles, equipment and/or materials associated with
the yard must be stored on and accessed from impervious or otherwise
dust-free surfaces.
[3]
Flammable, combustible or dangerous substances. A yard shall
not store excessive quantities of flammable, combustible or dangerous
substances, and may be required to comply with the notification, reporting
and permitting requirements set forth in SARA Title III (the Emergency
Planning and Community Right-To-Know Act, or EPCRA) and/or MGL c.
148.
[4]
Maximum size of yard. The maximum size of the yard (including all structures, parking and driveways on the lot) shall not exceed the percentage of maximum lot coverage permitted under § 650-41 for the zoning district in which the lot is located. If the yard exceeds said lot coverage percentage, the yard shall not increase its lot coverage and shall be made compliant within 24 months of the effective date of this subsection.
For yards that are in compliance with a prior special permit
or site plan approval, no special permit or site plan review is required.
|
(b)
Design standards for all other permissible yards. Yards shall
require a special permit, and site plan approval by the City of Marlborough
Site Plan Review Committee, whose review shall include, but not be
limited to, the following design standards.
[1]
Screening. Yard shall be adequately screened from the street
and adjacent properties to obscure the vehicles parked thereon, and
the equipment and/or materials stored therein, to create an effective
visual barrier from ground level to a height of at least five feet.
[2]
Vehicles, equipment and/or materials. All vehicles, equipment
and/or materials associated with the yard must be stored on and accessed
from impervious or otherwise dust-free surfaces.
[3]
Flammable, combustible or dangerous substances. A yard shall
not store excessive quantities of flammable, combustible or dangerous
substances, and may be required to comply with the notification, reporting
and permitting requirements set forth in SARA Title III (the Emergency
Planning and Community Right-To-Know Act, or EPCRA) and/or MGL c.
148.
[4]
Maximum size of yard. The maximum size of the yard, when combined with all structures, parking and driveways on the lot being proposed for the lot on which the yard is proposed to be located, shall not exceed the percentage of maximum lot coverage permitted under § 650-41 for the zoning district in which the lot is located.
[5]
Proximity to existing residential zoning districts/uses. (i)
Yard shall not be located on a lot less than 200 feet from a residential
zoning district, and on any lot if a residential use is being made
of any abutting lot(s); and (ii) Minimum lot area. Minimum area of
the lot shall be 22,500 square feet.
(49)
Chicken hens, personal use. The raising or keeping of female chickens
(Gallus gallus domesticus) for personal use, not to exceed either
six hens or 12 hens, as stated in the Table of Uses. The raising or
keeping of roosters, cocks, or cockerels is prohibited. The slaughtering
of chicken hens for nonpersonal use is prohibited. The selling of
eggs is prohibited. No chicken coop shall be located between the street
frontage and the primary structure front building line.
[Added 5-18-2020 by Ord.
No. 20-1007915D]