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SECTION 3.0 USE REGULATIONS
3.1 PRINCIPAL USES. No land shall be used and no structure shall be erected or used except as set forth in the following Table of Use Regulations, including the notes to the Table, or as otherwise set forth herein, or as exempted by General Laws. Not more than one principal use shall be located on a lot unless otherwise provided herein. Any building or use of premises not herein expressly permitted is hereby prohibited.
3.1.1 Symbols. Symbols employed in the Table of Use Regulations shall mean the following:
Y - Permitted as of right
N - Prohibited
ZBA - Special Permit / Zoning Board of Appeals
PB - Special Permit / Planning Board
SB - Special Permit / Board of Selectmen
SPR - Site Plan Review / Zoning Board of Appeals (See subsection 9.4.)
3.1.2 If Classified Under More than One Use. Where an activity may be classified as more than one of the principal uses listed in the Table of Use Regulations, the more specific classification shall determine permissibility; if equally specific, the more restrictive shall govern.
3.1.3 Table of Use Regulations.
Table A: Table of Use Regulations |
Y = Permitted as of right, N = Prohibited, ZBA = Special Permit / Zoning Board of Appeals PB = Special Permit / Planning Board, SB = Special Permit / Board of Selectmen SPR = Site Plan Review / Zoning Board of Appeals |
Any building or use of premises not herein expressly permitted is hereby prohibited. |
All uses are subject to dimensional requirements established in Section 4. |
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Residential Uses |
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One-family dwelling |
Y |
Two-family dwelling or multi-family dwelling (See Subsection 4.2.9) |
PB |
Conversion of dwelling as set forth in Subsection 4.2.9 |
PB |
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Institutional and Exempt Uses (Exempt uses per G.L. c. 40A §3) |
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Cemetery |
PB |
Child care facility |
Y/SPR |
Hospital, sanitarium, nursing, rest or convalescent home, orphanage, or continuing care facility |
PB |
Municipal administration buildings; fire, ambulance or police station |
Y/SPR |
Other municipal use not specifically listed herein |
PB |
Public park, playground or other public recreation facility |
Y/SPR |
Reservation, wildlife preserve or other conservation use |
Y |
Institutional and Exempt Uses (continued) |
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Reservoir, pumping station building, sewage treatment plant or water supply facility |
PB |
Surface water impoundment, flood retention ponds or other surface water storage use |
PB |
Telephone exchange, transformer station, radio or television station or broadcasting facility, railroad or bus depot or other public utility or communication use |
PB |
Use of land for religious purposes |
Y/SPR |
Use of land or structures for 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 |
Y/SPR |
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Agricultural Uses (Exempt uses per G.L. c. 40A §3) |
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Agricultural use, exempt |
Y |
Farm stand, exempt |
Y |
Agricultural use, nonexempt; orchard, market garden nursery or other commercial agricultural production |
Y |
Agricultural use, nonexempt: forestry and the selective harvesting of forest products |
Y |
Agricultural use, nonexempt: commercial greenhouse |
PB |
Agricultural use, nonexempt, commercial poultry or livestock farm, raising of animals |
PB |
Farm stand, nonexempt (open less than 6 months in any year) |
Y |
Farm stand, nonexempt |
PB |
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Commercial Uses |
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Artisan shop, retail |
PB |
Artisan workshop |
Y/SPR |
Auction gallery for exhibition, sale by auction and flea market |
PB |
Bank, loan agency, or business office |
PB |
Buildings containing a dwelling unit in combination with a store or other permitted business or commercial use |
PB |
Camping, hunting or fishing ground, ski area, golf course, riding academy or other predominantly outdoor recreational use, conducted for gainful purpose |
PB |
Funeral establishment |
PB |
General service establishment (See Section 10, Definitions) |
PB |
Golf driving range, miniature golf course, or similar outdoor commercial amusement use |
PB |
Hotel or motel |
PB |
Library or museum conducted as a for profit business |
PB |
Lunch room, restaurant, cafeteria or similar place, for serving food or beverages to persons inside the buildings |
PB |
Medical or dental office or laboratory |
PB |
Commercial Uses (continued) |
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Motor vehicle or farm implement repair to be wholly conducted within a building sufficiently sound insulated to confine disturbing noise to the premises |
PB |
Multiple Retail or Consumer Services in a single structure, provided that the total building footprint not exceed 20,000 square feet |
PB |
Personal service establishment (See Section 10, Definitions) |
PB |
Private lodge or club |
Y/SPR |
Real estate, insurance or professional office (other than home occupation) |
PB |
Refreshment stand, drive-in, or other place for the serving of food or beverages to persons outside the building |
PB |
Retail store for the sale of food, beverages, or merchandise, with all display, storage and sales to be conducted within the building |
PB |
CityplaceSale of motor vehicle fuel, related products and services, not to include motor vehicle repair |
PB |
Theater, motion picture house, bowling alley, dance hall, arcade, or other indoor commercial amusement or assembly use |
PB |
Trade, professional or other school conducted as a for profit business |
PB |
Veterinary establishment, kennel, or place for the boarding of animals |
PB |
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Industrial Uses |
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Extractive operations (See Subsection 6.1) |
PB |
Lumber yard |
PB |
Publishing, data processing and computer software manufacturing, including associated office and distribution facilities |
PB |
Research and test facility |
PB |
Manufacturing, small scale |
PB |
Warehouse or other enclosed building for the storage, distribution, or wholesale marketing of material, merchandise, products, or equipment |
PB |
NOTE: Refer to Subsection 6.3 for other requirements related to industrial uses. |
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Accessory Uses |
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Accessory scientific uses |
PB |
Adult day care |
Y/SPR |
Airstrip or helipad for private use |
PB |
Artisan shop, retail |
PB |
Artisan workshop |
Y/SPR |
Bed and breakfast |
Y/SPR |
Boarding house |
PB |
Commercial auto repair (See Subsection 3.2.1) |
PB |
Commercial kennel (See Subsection 3.2.1) |
PB |
Family day care, large (Refer to G.L. c. 28A, §9) |
PB |
Accessory Uses(continued) |
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Family day care, small (Refer to G.L. c. 28A, §9) |
Y/SPR |
Home occupation by right (See Subsection 3.3.1) |
Y |
Home occupation by Special Permit (See Subsection 3.3.2) |
PB |
NOTE: (Refer to Subsection 3.2.2 for other requirements for non-residential accessory uses.) |
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NOTE: (Refer to Subsections 4.2.4, 4.2.5, 4.3.2, 4.2.10, 5.1.8, 6.4.8 and 7.1.5.6 related to fences.) |
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Prohibited Uses |
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Amusement park, go-kart track, commercial motorcross track, or race track |
N |
Commercial parking lot or parking garage |
N |
Commercial processing of earth, sand, rock, and gravel |
N |
Fuel storage plant, truck terminal, used car lot |
N |
Manufacturing, large scale |
N |
Mobile homes (See Subsection 6.2 for conditions when mobile home may be allowed) |
N |
Salvage yard for the dismantling, storage and sale of parts for motor vehicles |
N |
Slaughterhouse |
N |
Pig farm, mink farm and fur bearing animal farm on less than 5 acres (see definition of Agricultural use, non exempt |
N |
NOTE: Refer to Article 17 of the Town of placeCityBecket By-Laws for non-zoning |
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requirements for specified uses. |
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3.2 ACCESSORY USES OR STRUCTURES
3.2.1 Permitted Accessory Uses. The following accessory uses are specifically permitted as indicated by right or by Special Permit on Table A, Table of Use Regulations (Refer to Subsection 3.1.3):
1. Accessory scientific uses. Uses, whether or not on the same parcel as activities permitted as a matter of right, which are necessary in connection with scientific research or scientific development or related production, may be permitted upon the issuance of a Special Permit by the Planning Board, provided that the Board finds that the proposed use is not substantially more detrimental to the neighborhood.
2. Adult day care.
3. Commercial auto repair or service. Commercial auto repair or service is allowed as an accessory use on lots of 2 acres or greater upon the issuance of a Special Permit from the Planning Board.
4. Commercial kennels. Commercial kennels are allowed as an accessory use on lots of 2 acres or greater with Special Permit from the Planning Board.
3.2.2 Nonresidential Accessory Uses. Any use permitted as a principal use is also permitted as an accessory use provided such use is customarily incidental to the main or principal building or use of the land. Except as otherwise set forth herein, any use authorized as a principal use by Special Permit may also be authorized as an accessory use by Special Permit provided such use is customarily incidental to the main or principal building or use of the land. Any use not allowed in the district as a principal use is also prohibited as an accessory use. Accessory uses are permitted only in accordance with lawfully existing principal uses. In all instances where Site Plan Approval is required for a principal use, the addition of any new accessory use to the principal use shall also
require Site Plan Approval.
3.2.3 Residential Accessory Uses. The following accessory uses are specifically permitted as of right or by Special Permit.
1. Boarders in One-Family Dwelling. The renting of rooms and/or furnishing of board to not more than five persons in a one-family dwelling by the owner or occupant thereof shall be a permitted accessory use. The renting of rooms and/or furnishing of board to six or more persons shall be deemed a boarding house subject to the provisions of the Table of Use Regulations (Refer to Subsection 3.1.3).
2. Bed and breakfast.
3. Artisan shop.
4. Airstrip or helipad for private use.
5. Family Day Care Homes. Large and small family day care homes are allowed as an accessory use as specified in the Table of Use Regulations (Refer to Subsection 3.1.3).
3.2.4 Prohibited Accessory Uses. The following accessory uses are prohibited:
1. Unregistered Motor Vehicles. See Article 17, Section 8 of the Becket General By-Laws.
3.3 HOME OCCUPATIONS
3.3.1 Home Occupation - As of Right. A home occupation may be allowed as of right, provided that it:
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, except for a sign in compliance with Subsection 5.1;
6. does not produce more than incidental customer, pupil, client, or delivery trips to the occupation site and has no nonresident employees;
3.3.2 Home Occupation - By Special Permit. A home occupation may be allowed by Special Permit issued by the Planning Board, provided that:
1. it fully complies with Subsections 3.3.1.2, 3.3.1.3 and 3.3.1.4 above;
2. it 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 two additional employees; where employees leave vehicles on the premises while conducting business elsewhere, they shall be counted as nonresident employees;
3. it 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 Subsection 5.1;
4. not more than three home occupations are conducted out of dwelling; in no event shall the number of nonresident employees exceed two in the aggregate;
5. a Special Permit for such use is granted by the Planning Board, 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 or other vehicle trips. Such Special Permit shall be limited to five years, or the transfer of the property, whichever first occurs.
3.4 NONCONFORMING USES AND STRUCTURES
3.4.1 Applicability. This Zoning By-Law shall not apply to structures or uses lawfully in existence or lawfully begun, or to a building or Special Permit issued before the first publication of notice of the public hearing required by G.L. c. 40A, §5 after which this Zoning By-Law, or any relevant part thereof, was adopted. Such prior, lawfully existing nonconforming uses and structures may continue, provided that no modification of the use or structure is accomplished, unless authorized hereunder.
3.4.2 Nonconforming Uses. The Planning Board may issue a Special Permit to change a nonconforming use in accordance with this Section only if it determines that such change or extension shall not be substantially more detrimental than the existing nonconforming use to the neighborhood. The following types of changes to nonconforming uses may be considered by the Planning Board:
a. Change or substantial extension of the use;
b. Change from one nonconforming use to another, less detrimental, nonconforming use.
3.4.3 Nonconforming Structures. Except as contained in Subsection 3.4.4, the Planning Board may award a Special Permit to reconstruct, extend, alter, or change a nonconforming structure in accordance with this Section only if it determines that such reconstruction, extension, alteration, or change shall not be substantially more detrimental than the existing nonconforming structure to the neighborhood. The following types of changes to nonconforming structures may be considered by the Planning Board:
a. Reconstructed, extended or structurally changed;
b. Altered to provide for a substantially different purpose or for the same purpose in a substantially different manner or to a substantially greater extent;
3.4.4 Nonconforming Single and Two Family Residential Structures. Nonconforming single and two family residential structures may be reconstructed, extended, altered, or structurally changed upon a determination by the Building Inspector that such proposed reconstruction, extension, alteration, or change does not increase the nonconforming nature of said structure. The following circumstances shall not be deemed to increase the nonconforming nature of said structure:
a. reconstruction, extension, alteration or change to a structure located on a lot with insufficient area which complies with all current setback, yard, building coverage, and building height requirements,
b. reconstruction, extension, alteration or change to a structure located on a lot with insufficient frontage which complies with all current setback, yard, building coverage, and building height requirements.
c. reconstruction, extension, alteration or change to a structure which encroaches upon one or more required yard or setback areas, where the alteration will comply with all current setback, yard, building coverage and building height requirements.
d. reconstruction, extension, alteration or change to an existing nonconforming structure which occurs entirely within the footprint of the existing structure.
In the event that the Building Inspector determines that the nonconforming nature of such structure would be increased by the proposed reconstruction, extension, alteration, or change, the Planning Board may, by Special Permit, allow such reconstruction, extension, alteration, or change where it determines that the proposed modification will not be substantially more detrimental than the existing nonconforming structure to the neighborhood. The extension of an exterior wall at or along the same nonconforming distance within a required yard shall only require the issuance of a Special Permit from the Planning Board, but if other existing non-conformities are to be increased or new nonconformities created at the same time, the Zoning Board of Appeals may grant or deny the requested relief, instead of the Planning Board.
3.4.5 Nonconforming Structure-Dimensional Special Permit: Where a proposed construction, reconstruction, extension or structural change of a nonconforming structure would increase an existing nonconformity or create a new nonconformity, including a further incursion into a setback area (including those changes affecting a single or two-family residential structure), the Zoning Board of Appeals may issue a dimensional Special Permit to allow the increase in an existing nonconformity, new nonconformity, or further incursion wherever it shall find that adjoining areas have been previously developed by the construction of buildings or structures on lots generally smaller than the 2 acres that is prescribed by the current bylaw and the standard of the neighborhood so established is not diminished by
allowing such increase, new nonconformity or further incursion into the setback area. The Zoning Board of Appeals may also at the same hearing issue a Special Permit to reconstruct, extend, alter or change the nonconforming structure only if it determines that such reconstruction, extension, alteration, or change shall not be substantially more detrimental than the existing nonconforming structure to the neighborhood.
In all other cases where a Special Permit is required in 3.4.3 and 3.4.4, the Planning Board shall be the issuing authority.
3.4.6 Abandonment or Non-Use. A nonconforming use or structure which has been abandoned or not used for a period of two years, shall lose its protected status and be subject to all of the provisions of this Zoning By-Law; provided, however, that such nonconforming use or structure may be reestablished upon the grant of a Special Permit by the Planning Board.
3.4.7 Reconstruction after Catastrophe or Demolition.
1. A nonconforming structure may be reconstructed after a catastrophe provided that such reconstruction shall take place within two years after such catastrophe.
2. A nonconforming structure may be reconstructed after voluntary demolition provided that the reconstruction of said premises shall commence within two years after such demolition. The reconstruction after demolition of any structure other than a one-family dwelling shall require a Special Permit from the Planning Board prior to such demolition.
3. The reconstruction of a one-family dwelling shall be located on the same footprint as the original nonconforming structure and shall be only as great in volume or area as the original nonconforming structure. In the event that the proposed reconstruction would (a) cause the one-family dwelling to exceed the volume or area of the original nonconforming structure or (b) cause the structure to be located other than on the original footprint, a Special Permit shall be required from the Planning Board prior to such demolition.
3.4.8 Reversion to Nonconformity. No nonconforming use shall, if changed to a conforming use, revert to a nonconforming use.
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