200-14 Use Regulations Applicable in All Districts.
All permitted uses are subject to the appropriate provisions of Article VI.
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:
A. Any building or structure which conforms to the provisions of this Chapter and in compliance with the Building Code of the City of Marlborough.
B. Window or Drive-in or Drive-through service provided for any type use in all Sections of the Zoning Ordinance of the City of Marlborough shall be allowed only by grant of a Special Permit by the City Council, in accordance with Article VIII, Chapter 200, Section 59 of the Zoning Ordinance.
200-15 Use Regulations Applicable in the Business B, Commercial Automotive CA, Limited Industrial LI and Industrial I Districts.
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.
200-16. Table of Uses, General
The terms listed below are used to denote permitted uses, uses permitted by Special Permit from the City Council in accordance with Article VIII, Section 200-59, and uses not permitted for section 200-17, Table of Uses. See section 200-07 Districts Enumerated, for the full name of the zoning districts.
All uses noted with a Y are allowed as of right, subject to any referenced conditions
All uses noted with a SP are allowed by Special Permit, subject to any referenced conditions.
All uses noted with an N are not permitted.
200-17. Table of Uses
Zoning District Abbreviations
200-18. Conditions for Use as Noted in the Table of Uses, Section
(1) Single family zero lot line.
(a) Located within an Open Space Development in accordance with the requirements of Section 200-28 (E) 3;
(b) Have the appearance and character of single family dwellings;
(c) Are affordable as defined in Section 200-05.
(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 (2) families, provided that:
(a) The house contains at least one thousand eight hundred (1,800) square feet of gross floor area, not including basement rooms or open attic space.
(b) The lot contains at least fifteen thousand (15,000) square feet in Rural Residence Districts and ten thousand (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.
The conversion of a one or two-family residence building to accommodate not more than three (3) 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 six hundred (600) square feet of floor area for each dwelling unit and provided further that each dwelling unit has separate toilet and cooking facilities.
(4) Multi-family dwelling. One (1) structure consisting of a multifamily dwelling
containing three (3) 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 Section 200-18, item (9), subsection (e).
(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:
(i) 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 (1) vehicle owned by a nonresident of the premises.
(ii) The taking of no more than three (3) 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 VI, 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:
(i) The uses of Subsection F(1)(a) without a limitation as to number.
(ii) Garages for farm vehicles and equipment, barns, greenhouses, silos, storages or other buildings for temporary or permanent farm use.
(iii) 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 twenty-five (25) percent 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 thirty (30) percent 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 (2) 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 Subsection 200-18 (30) 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 sq. ft.
Two (2) or more structures consisting of single-family, two-family or multifamily dwellings or any combination thereof on a single lot of not less than eighty thousand (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 sixty (60) feet or face upon an open space which, in its least dimension, shall not be less than sixty (60) feet. Each building, whether principal or accessory, shall be at least sixty (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 (3) rooms, exclusive of halls and bathrooms. There shall be a minimum of six hundred (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 one hundred twenty (120) square feet.
(c) There shall be at least five thousand (5,000) square feet of lot area for each
family on the lot.
(d) No part of any principal building shall be within twenty (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:
(i) At least seventy-five (75) percent of the landscaped area has a grade of
less than eight (8) percent.
(ii) The width of such landscaped area shall average at least forty (40) feet
and in no case shall be less than thirty (30) feet.
(iii) The landscaped area shall be designed for recreational use by residents.
(10) Agriculture, Horticulture or Floriculture > 5 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 (5) acres, which are not zoned for agriculture, horticulture or floriculture.
(11) Forests, woodlots, woodworking mills and machinery.
Forests, wood lots, portable woodworking mills and machinery, are permitted
providing that:
(a) They are operated by the owner of the property.
(b) There shall be no storage within fifty (50) feet of any property line and one
hundred (100) feet of any street line.
(12) Livestock farms
The raising of or keeping of a small flock of poultry, 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.
(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 twenty-five (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 A1, A2, and A3 districts, the forgoing 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 non-profit 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 any Councilor, a public hearing, provided that approval of wireless communications facilities shall be subject to the provisions of Sec. 200-25.
(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 Section 200-25 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 fifteen (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 (1) 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 shall be permitted if it is incidental to one (1) of the uses permitted in Business and Commercial and Automotive Districts, but not an auto junkyard. Further, it must be adequately fenced and screened from the street and adjacent properties with a solid fence of sufficient height to obscure the materials stored therein.
(27) Parking lots and garages.
Automobile parking garages or lots are permitted, provided that the drives are at least one hundred (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 fifty (50) feet of any residence district, and no appliances for dispensing gasoline or greasing or oiling automobiles shall be located within fifty (50) feet of any residence or within twenty (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 124 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 Ch. 167, Soil Removal, the Code of the City of Marlborough.
(31) Restaurants and cafés serving food outdoors, including drive-in facilities.
(a) Outdoor dining areas shall not be located in parking or landscaped areas required by Article VII.
(b) Outdoor dining areas shall be screened from any abutting lot residentially zoned or used by a solid fence at least six (6) feet high.
(c) Any raised structure (such as a deck) on which the outdoor dining occurs shall comply with the building setback requirements of this Chapter.
(d) 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.
(e) Service of alcoholic beverages out-of-doors shall require a separate license from the License Commission and any appropriate State approval.
(31) Restaurants and cafes for employee use.
Service buildings, built and maintained by one (1) 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) The following uses are permitted when approved by the City Council, as provided for in Article VIII, sec. 200-59.
(i) Adult Bookstore.
(ii) Adult Video Store.
(iii) Adult Paraphernalia Store.
(iv) Adult Motion Picture Theater.
(v) Adult Live Entertainment Establishment
(vi) Tattoo and Body Piercing Parlors/Shops
(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:
(i) No use listed above, may be located less than one thousand (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 (1,000) foot distance shall be measured from all property lines of the proposed uses listed above.
(ii) 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 semi-public, outside such
establishments.
(iii) No Special Permit shall be issued to any person convicted of violating the provisions of MGL Chapter 199, Section 63 or Section 28 of Chapter 272.
(iv) Any Special Permit issued by the City Council pursuant to the uses listed above, shall lapse within one (1) year of the date of the grant, not including the time required to pursue or await termination of an appeal referred to in MGL Chapter 40A, Section 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 (2) years of the date of grant, except for good cause.
(v) Any existing establishment listed, above, shall apply for such Permit within ninety (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 200-05 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 or warehousing.
Manufacturing and/or warehousing of footwear, precision instruments, tool and die, dental, medical and optical equipment, electrical or electronic instruments, biomedical or biotechnology products subject to the provisions governing biomedical research in item (32) above, provided truck loading and parking areas are effectively screened from abutting office and residential use. Oil or asphalt manufacturing is prohibited
(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 one-third (1/3) of the floor and/or ground area.
(39) Service buildings, industrial.
Service buildings, built and maintained by one (1) 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:
(a) Office, Research and Development.
(b) Light Non-Nuisance manufacturing or assembly.
(c) Experimental laboratory purposes.
200-19. Reserved.
200-20. Reserved.
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