Symbols used in the Table of Use Regulations shall mean the
following:
| |
Yes
|
Use permitted by right.
|
SPA
|
Use which may be authorized by special permit from the Board
of Appeals in accordance with the provisions of Section 6.3 herein.
|
SPP
|
Use which may be authorized by special permit from the Planning
Board in accordance with the provisions of Section 6.3 herein.
|
SPS
|
Use which may be authorized by special permit from the Select
Board in accordance with the provisions of Section 6.3 herein.
|
NO
|
Specifically excluded or prohibited use.
|
District
| ||||||||
---|---|---|---|---|---|---|---|---|
Principal Use
|
R-3
|
R-D
|
C
|
M
|
MOD
|
R-1
|
PVOD
| |
Residential Uses
| ||||||||
1.
|
One single-family dwelling; more than one single-family dwelling
per lot is not permitted, and no other principal use is permitted
on a lot which contains a single-family dwelling
|
YES
|
YES
|
YES
|
YES
|
YES
| ||
2.
|
Two-family dwelling, provided the lot area is at least twice
the minimum lot area in the district
|
SPP
|
SPP
|
SPP
|
SPP
|
SPP
| ||
3.
|
Multifamily dwelling, subject to the special requirements set
out in Subsection 4.11.3.4
|
NO
|
NO
|
SPP
|
SPP
|
NO
| ||
4.
|
Conversion of a single-family dwelling which existed on January
1, 1992, into either a two-family dwelling or a building having a
use or combination of uses, each of which is permitted at the location
either as of right or by special permit in the district; subject to
the requirements of Subsection 4.11.3.2 hereof
|
SPP
|
SPP
|
SPP
|
SPP
|
SPP
| ||
Institutional, Municipal, and Community Uses
| ||||||||
5.
|
Religious or education use 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, with
at least 200 feet of setback
|
YES
|
YES
|
YES
|
YES
|
YES
| ||
6.
|
Use by a municipal or governmental body (including, but not
limited to, a duly constituted special sewer or other district) with
at least 200 feet of setback; provided, however, that the special
permit granting authority may reduce the setback requirement in its
discretion to a figure not less than 50 feet
|
SPP
|
SPP
|
SPP
|
SPP
|
SPP
| ||
7.
|
Public utilities such as a telephone exchange, natural gas or
electric power facility, railroad or bus station, with at least 200
feet of setback; however, the special permit granting authority may
reduce the setback requirement in its discretion to a figure not less
than 50 feet
|
NO
|
SPP
|
SPP
|
SPP
|
NO
| ||
8.
|
Nonprofit library or museum
|
SPP
|
SPP
|
SPP
|
SPP
|
SPP
| ||
9.
|
Hospital, sanitarium, nursing home, children's day-care center
or other similar use subject to regulations of the commonwealth, with
at least 200 feet of setback; however, the special permit granting
authority may reduce the setback requirement in its discretion to
a figure not less than 50 feet
|
NO
|
SPP
|
SPP
|
SPP
|
NO
| ||
10.
|
Private school, college, nursery school, trade or professional
school, except as regulated under Subsection 4.11.1(5) herein, with
at least 200 feet of setback; however, the special permit granting
authority may reduce the setback requirement in its discretion to
a figure not less than 50 feet
|
NO
|
SPP
|
SPP
|
SPP
|
NO
| ||
Recreational Uses
| ||||||||
11.
|
Golf, tennis, swimming, or sportsmen's club, ski tow, livery
or riding stable or other recreational use of similar character
|
SPP
|
SPP
|
SPP
|
SPP
|
SPP
| ||
12.
|
Summer camp for children or family-type campground
|
SPP
|
SPP
|
SPP
|
SPP
|
SPP
| ||
13.
|
Private club, as defined in this bylaw
|
SPP
|
SPP
|
SPP
|
SPP
|
SPP
| ||
14.
|
Boat house for rental of boats and canoes
|
SPP
|
SPP
|
SPP
|
SPP
|
SPP
| ||
Businesses, Industrial and Other Uses
| ||||||||
15.
|
Hotel or motel as defined in this bylaw
|
NO
|
NO
|
SPP
|
SPP
|
NO
| ||
16.
|
Restaurant (except for fast-food eating establishments) where
food is served primarily for consumption within the building
|
NO
|
NO
|
SPP
|
SPP
|
NO
| ||
17.
|
Fast-food eating establishment
|
NO
|
NO
|
NO
|
NO
|
NO
| ||
18.
|
Antique or gift shop or art gallery
|
NO
|
NO
|
YES
|
YES
|
NO
| ||
19.
|
Automobile service station or commercial garage
|
NO
|
NO
|
SPP
|
SPP
|
NO
| ||
20.
|
Commercial amusement
|
NO
|
NO
|
SPP
|
SPP
|
NO
| ||
21.
|
Sale or storage of feed, lumber, or building supplies
|
NO
|
NO
|
SPP
|
SPP
|
NO
| ||
22.
|
Research laboratory or light and clean manufacturing activity
where the majority of the services or products is retailed on the
premises or by mail
|
NO
|
NO
|
SPP
|
SPP
|
NO
| ||
23.
|
The removal of sand, gravel, rock, loam, topsoil, or other earth
material, as a commercial business
|
NO
|
NO
|
NO
|
NO
|
NO
| ||
24.
|
Office, bank, retail business or consumer service establishment,
unless otherwise specifically regulated in this bylaw
|
NO
|
NO
|
YES
|
SPP
|
NO
| ||
25.
|
Any lawful industrial, light and clean manufacturing, warehousing,
service including processing, fabrication, assembly or storage, unless
specifically otherwise regulated in this bylaw; all such uses must
meet the requirements of Subsection 4.11.3.1, and the applicant is
required to submit an impact statement addressing said requirements
|
NO
|
NO
|
NO
|
SPP
|
NO
| ||
26.
|
Commercial greenhouse, nursery, or landscape gardening
|
NO
|
NO
|
YES
|
YES
|
NO
| ||
27.
|
The use of land or structure for the primary purpose of agriculture,
horticulture, or floriculture with at least 5 acres of land
|
YES
|
YES
|
YES
|
YES
|
YES
| ||
28.
|
Piggery or fur farm not qualifying under the preceding section
|
NO
|
NO
|
NO
|
NO
|
NO
| ||
29.
|
Kennel or veterinary hospital
|
NO
|
NO
|
NO
|
SPP
|
NO
| ||
30.
|
Cemetery
|
SPP
|
SPP
|
SPP
|
SPP
|
SPP
| ||
31.
|
Junkyards, commercial racetracks, drive-in theaters, trailer
parks, billboards, or off-premises signs
|
NO
|
NO
|
NO
|
NO
|
NO
| ||
32.
|
Automobile sales establishments
|
NO
|
NO
|
SPP
|
SPP
|
NO
| ||
33.
|
Dump or other area for the disposal of rubbish, except officially
designated areas for such purposes by the Town of West Stockbridge
|
NO
|
NO
|
NO
|
NO
|
NO
| ||
34.
|
Commercial communication activities, including radio television
transmission or receiving facilities, directional beacons and antennas,
and cable television reception facilities; provided, however, that
any such facilities shall be visually screened from adjoining public
ways and other land to the maximum extent feasible, in accordance
with specific conditions to be established by the special permit granting
authority; this section does not include Personal wireless service
facilities and repeaters, which are covered by Subsection 4.11.1(35)
|
SPP
|
SPP
|
SPP
|
SPP
|
SPP
| ||
35.
|
Personal wireless service facilities and repeaters, as defined
in Section 8 of these bylaws, and in accordance with the terms and
conditions thereof
|
SPP
|
SPP
|
SPP
|
SPP
|
SPP
| ||
36.
|
Mixed use, subject to the specific requirements set forth in
Subsection 4.11.3.6
|
NO
|
NO
|
SPP (1)
|
NO
|
NO
| ||
37.
|
Retail sales of medical and adult use (i.e., recreational) marijuana
|
NO
|
NO
|
NO
|
NO
|
SPP
|
NO
| |
38.
|
Cultivation of marijuana for commercial purposes
|
SPP
See Sub-section 4.11.3.7.
|
NO
|
NO
|
SPP
|
SPP
|
SPP
See Sub-section 4.11.3.7.
| |
39.
|
Marijuana manufacturing and production of marijuana-based products
|
NO
|
NO
|
NO
|
SPP
|
SPP
|
NO
| |
40.
|
Marijuana testing facility
|
NO
|
NO
|
NO
|
SPP
|
NO
|
NO
| |
41.
|
Marijuana transportation business
|
NO
|
NO
|
NO
|
SPP
|
NO
|
NO
| |
42.
|
(Reserved)
| |||||||
43.
|
Large-scale ground-mounted solar energy system
|
NO
|
NO
|
SPP
|
SPP
|
NO
|
NO
| |
44.
|
Medium-scale ground-mounted solar energy system
|
NO
|
NO
|
SPP
|
SPP
|
NO
|
YES
|
District
| |||||||||
---|---|---|---|---|---|---|---|---|---|
Accessory Use
|
R-3
|
R-D
|
C
|
M
|
MOD
|
R-1
|
PVOD
| ||
1.
|
Home occupation, no on-premises sale: Occupation, business,
profession, craft, or art engaged in within a dwelling or in an accessory
building by a resident of premises, as a use accessory thereto, whether
or not in connection with an off-premises occupation, and involving
no on-premises sale (for either immediate or later delivery) of goods
or services, or public exhibits or displays, and utilizing the services
(whether as employee or on commission or as independent contractor)
of no persons outside the household, and with no external evidence
of the conduct of such accessory use
|
YES
|
YES
|
YES
|
YES
|
YES
| |||
2.
|
Home occupation in connection with off-premises occupation:
Occupation, business, profession, craft or art engaged in within a
dwelling or in an accessory building by a resident of premises, as
a use accessory thereto, in connection with an off-premises occupation,
and conforming to the requirements of Subsection 4.11.3.3 hereof
|
SPP
|
SPP
|
YES
|
YES
|
SPP
| |||
3.
|
Home occupation involving sale or delivery of services: Occupation,
business, profession, craft or art engaged in within a dwelling or
in an accessory building by a resident of premises, and involving
the sale or delivery of services, and conforming to the requirements
of Subsection 4.11.3.3 hereof
|
SPP
|
SPP
|
YES
|
YES
|
SPP
| |||
4.
|
Home occupation involving sale of products made on premises:
Occupation, business, profession, craft or art engaged in within a
dwelling or in an accessory building by a resident of premises, and
involving the sale of products, articles or goods made on the premises,
and conforming to the requirements of Subsection 4.11.3.3 hereof
|
SPP
|
SPP
|
YES
|
YES
|
SPP
| |||
5.
|
Home occupation involving sale of products not made on premises:
Occupation, business, profession, craft or art engaged in within a
dwelling or in an accessory building by a resident of premises, and
involving the on-premises sale (for either immediate or later delivery)
of products, articles, or goods not made on the premises, or public
exhibitions or displays, as a use accessory thereto, and conforming
to the requirements of Subsection 4.11.3.3 hereof
|
NO
|
NO
|
SPP
|
SPP
|
NO
| |||
6.
|
Rental of not more than 4 rooms, with or without meals, in a
dwelling by a resident family, provided no separate kitchen facilities
are maintained; and provided further that the parking requirements
of Subsection 6.2.1 have been satisfied
|
YES
|
YES
|
YES
|
YES
|
YES
| |||
6a.
|
Accessory apartment, subject to the requirements of Subsection
4.11.3.5
|
SPP
|
SPP
|
SPP
|
SPP
|
SPP
| |||
7.
|
Guesthouse as defined by this bylaw
|
SPP
|
SPP
|
SPP
|
SPP
|
SPP
| |||
8.
|
Roadside farm stand selling primarily agricultural, horticultural,
or floricultural products raised on the premises, provided that no
products are displayed for sale within 20 feet of the street
|
YES
|
YES
|
YES
|
YES
|
YES
| |||
9.
|
Greenhouse, tennis court, swimming pool, or any other recreational
facility not for commercial purposes
|
YES
|
YES
|
YES
|
YES
|
YES
| |||
10.
|
The removal of any earth materials, including stripping of topsoil,
only when incidental to or required in connection with any of the
following operations:
|
YES
|
YES
|
YES
|
YES
|
YES
| |||
a.
|
The erection of a building or structure on the lot for which
a building permit has been properly issued, and the construction of
a private driveway
| ||||||||
b.
|
Any otherwise lawful accessory use incidental to a permitted
use, including cultivation, planting, or drainage of land or landscaping
| ||||||||
c.
|
The construction of a private street in a subdivision approved
by the Planning Board under the Subdivision Control Law
| ||||||||
d.
|
Municipal or government construction or operation
| ||||||||
11.
|
The display of a sign or signs pertaining to a permitted use
as regulated in Section 6.7 in this bylaw, unless specifically prohibited
or regulated by other provisions of this bylaw
|
YES
|
YES
|
YES
|
YES
|
YES
| |||
12.
|
The raising or keeping of poultry, livestock, or domestic animals,
for use by the residents of the premises, not as a commercial venture,
subject to the regulations of the Board of Health, provided all grounds
used for pasturing or other purposes involving unrestrained animals
shall be properly fenced
|
SPP
|
SPP
|
SPP
|
SPP
|
SPP
| |||
13.
|
The raising or keeping of household pets by the residents of
the premises not as a commercial venture
|
YES
|
YES
|
YES
|
YES
|
YES
| |||
14.
|
Temporary use of a trailer for living purposes while a permanent
dwelling is actively under construction on the same lot, for a period
not exceeding 6 months, subject to the approval of the Board of Health,
provided off-street parking requirements and yard requirements are
met
|
SPP
|
SPP
|
SPP
|
SPP
|
SPP
| |||
15.
|
Trailer of a type intended only for camping purposes, stored
within sight of a public way in excess of 30 days in any calendar
year, provided it is not used for living purposes
|
SPP
|
SPP
|
SPP
|
SPP
|
SPP
| |||
16.
|
Radio-television transmission and receiving towers as well as
fire, police, and CB antennas not to exceed 40 feet in height from
the ground, or 25 feet over the height of the roof, whichever is greater;
said tower shall be constructed so that if said tower were to collapse
or fall, the entire system would fall within the boundaries of said
owner
|
YES
|
YES
|
YES
|
YES
|
YES
| |||
17.
|
Antennas for the purpose of noncommercial reception of television
and/or radio signals from orbiting satellites, subject to the following
provisions:
|
YES
|
YES
|
YES
|
YES
|
YES
| |||
a.
|
Ground-mounted satellite television antennas shall not exceed
a height of 15 feet and shall not be located in the front yard area
| ||||||||
b.
|
All satellite television antennas, when located between the
minimum setback distance (front yard) and the dwelling, shall be adequately
screened from view from the street by plantings.
| ||||||||
18.
|
Tag sales (home) or garage sales, as defined in Section 2 of
these bylaws, in excess of 2 per year
|
SPS
|
SPS
|
SPS
|
SPS
|
SPS
| |||
19.
|
Marijuana microbusiness, engaged within a dwelling or in an
accessory building by a resident of the premises involving no on-premises
sales of products, articles, or goods made on or off the premises
to consumers and conforming to Subsection 4.11.3.3 hereof
|
SPP
|
NO
|
NO
|
SPP
|
SPP
|
SPP
| ||
20.
|
Marijuana craft cooperative, engaged within a dwelling or in
an accessory building by a resident of the premises involving no on-premises
sales of products, articles, or goods made on or off the premises
to consumers and conforming to Subsection 4.11.3.3 hereof
|
SPP
|
NO
|
NO
|
SPP
|
SPP
| |||
21.
|
Large-scale ground-mounted solar energy system
|
NO
|
NO
|
SPP
|
SPP
|
NO
|
NO
| ||
22.
|
Medium-scale ground-mounted solar energy system
|
NO
|
NO
|
SPP
|
SPP
|
NO
|
YES
| ||
23.
|
Small-scale ground-mounted solar energy system
|
SPP
|
SPP
|
SPP
|
SPP
|
SPP
|
YES
| ||
24.
|
Roof-mounted solar energy system
|
YES
|
YES
|
YES
|
YES
|
YES
|
YES
|
Where an applicant may propose to combine multiple marijuana-related
uses on one site, each of which may require a separate license from
the Cannabis Control Commission, the SPGA may elect to issue a single
special permit for a facility that proposes to combine multiple licensed
uses at one site.
|
Marijuana-related uses may be of a business type or format as
allowed by and as licensed by the Cannabis Control Law, 935 CMR 500,
including marijuana microbusinesses and craft cooperatives.
|
Other regulations relating to the cultivation of marijuana are
given in Section 9.1.
|