Except as provided in the Zoning Act or in this chapter, no
building, structure or land shall be used except for the purposes
permitted in the district as described in this section. Any use not
listed shall be construed to be prohibited.
Uses permitted by right or by permit shall be subject, in addition
to these use regulations, to all other provisions of this chapter.
In Appendix A, Table 1: Table of Use and Parking Regulations,
the uses permitted by right in the district shall be designated by
"Y." Those uses that may be permitted by special permit from the Planning
Board in the district shall be designated by "PB." Those uses that
may be permitted by special permit from the Zoning Board of Appeals
in the district shall be designated by "BA." Those uses that may be
permitted by special permit from the City Council in the district
shall be designated by "CC." Uses not allowed shall be designated
as "N." The Table of Use and Parking Regulations, as referenced and
included as Appendix A, is declared to be a part of this chapter.[1]
[1]
Editor's Note: Appendix A, Table 1: Table of Use Regulations, is included as an attachment to this chapter.
An accessory use shall be permitted only on the same lot as
the building or use to which it is accessory, except as otherwise
provided herein. When an accessory use may also be considered a principal
use, it shall be treated as if it is an accessory use for the purposes
of this provision.
The following nonresidential accessory uses are permitted as
set forth in Table 1:[1]
1.
Temporary Construction Trailers. A trailer or mobile home shall
be allowed as per Table 1 for each contractor or subcontractor for
temporary use on a construction site, provided that it is removed
from the site within 30 days after completion of said construction.
A nonregistered trailer truck or truck body, with or without wheels,
shall not be used in any zone as accessory storage for nonemergency
use for more than 90 days, except on an active construction site.
2.
Trailer, Automobile, or Boat. Accessory storage of one trailer,
one unregistered automobile and/or one boat shall be allowed as per
Table 1.
3.
Accessory Scientific Uses. Any accessory activities necessary
in connection with scientific research or scientific development or
related productions as per Table 1.
[1]
Editor's Note: Appendix A, Table 1: Table of Use Regulations, is included as an attachment to this chapter.
The following provisions shall apply to residential accessory
uses and structures in the residential districts:
1.
Boarders in Single-Family Dwelling. The renting of rooms and/or
furnishing of board to three or fewer persons in a single-family dwelling
by the owner who is the occupant thereof shall be a permitted accessory
use as per Table 1.[1]
[1]
Editor's Note: Appendix A, Table 1: Table of Use Regulations, is included as an attachment to this chapter.
2.
Prohibited Accessory Uses. In the residential districts, the
following accessory uses are prohibited:
3.
Family Day-Care Homes. Small family day-care homes are allowed
in all districts except CM as of right. Large family day-care homes
are allowed in all districts except CM upon the issuance of a special
permit by the Board of Appeals.
4.
Adult Day-Care Homes. Adult day-care homes are allowed in all
districts as an accessory use only upon the issuance of a special
permit by the Board of Appeals.
5.
Temporary Mobile Home. A mobile home occupied by the owner and
occupier of a residence which has been destroyed by fire or other
natural holocaust placed on the site of such residence to be resided
in for a period not to exceed 12 months while the residence is being
rebuilt. The mobile home shall be subject to the provisions of the
State Sanitary Code.
The purpose of this § 3.2.4 is to regulate the temporary
use of certain residential and nonresidential storage containers and
structures.
See § 11.0, "Storage containers or structures."
The residential or nonresidential accessory uses of regulated
storage containers are permitted as follows:
1.
With the prior issuance of a regulated storage container permit from
the City's Inspectional Service Department, the use of not more than
two regulated storage containers for up to six consecutive months
in a calendar year at a residential or nonresidential location is
permitted.
2.
The use of more than two regulated storage containers, or the use
of a regulated storage container for more than six months, shall require
the issuance of a permit by the City Council. Prior to hearing any
application for a permit, seven days' written notice of the application
and the hearing date shall be sent to all immediate abutters by regular
mail. Regulated storage containers must comply with all accessory
setback requirements of this chapter.
Upon notification of a violation of this section, an owner of
the real property upon which the regulated storage container(s) is
located shall have 48 hours to remove the offensive regulated storage
container(s) from the property. Any owner of a building who fails
to comply with this section shall thereafter be subject to a fine
of $100 per day from the original date of written notice from the
Building Inspector and or Local Building Inspector for each day the
regulated storage container(s) remains on the property.
One home occupation may be allowed on any premises as of right,
provided that the home occupation:
1.
Is conducted solely within a dwelling and solely by the person(s)
occupying the dwelling as a primary residence;
2.
Is clearly incidental and secondary to the use of the premises
for residential purposes;
3.
Does not produce offensive noise, vibration, smoke, dust, odors,
heat, lighting, electrical interference, radioactive emission or environmental
pollution;
4.
Does not utilize exterior storage of material or equipment (including
the parking of commercial vehicles);
5.
Does not exhibit any exterior indication of its presence or
any variation from residential appearance;
6.
Does not produce any customer, pupil, or client trips to the
occupation site and has no nonresident employees, except for not more
than five music or art pupils at any time and only between the hours
of 7:00 a.m. and 9:00 p.m., Monday through Saturday;
[Amended 1-25-2022 by Doc. 110-B]
7.
Is registered as a business with the City Clerk.
One or more home occupations may be allowed on any premises
by special permit issued by the Board of Appeals, provided that:
1.
The home occupation complies with the pertinent provisions of
§ 3.3.1, above;
2.
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.
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 § 6.2;
4.
A special permit for such use is granted by the Board of Appeals,
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
expire upon the transfer of the property, and the new owner shall
require a new special permit.
