City of Marlborough

Accessory uses

A use customarily incidental to that of the main building or to the use of the land, excluding the exterior storage of junk, dismantled or abandoned cars or any other storage detrimental to the health, safety or general welfare.

Districts Where Allowed Districts where the use is allowed by right. : A-1, A-2, A-3, B, CA, I, LI, MV, NB, RB, RC, RCR, RR

Vehicle Parking:
See § 650-48: Off-street parking for detailed information.

Development Requirements:
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)[1], above, 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.

Accessory uses and service buildings

ACCESSORY USE
A use customarily incidental to that of the main building or to the use of the land, excluding the exterior storage of junk, dismantled or abandoned cars or any other storage detrimental to the health, safety or general welfare.

Adult bookstore

An establishment having as a substantial or significant portion of its stock-in-trade books, magazines and other matter which are distinguished or characterized by their emphasis depicting, describing or relating to sexual conduct or sexual excitement as defined in MGL c. 272, § 31.

Districts Where Allowed Districts where the use may be allowed with a Special Permit: I

Vehicle Parking:
One parking space, 350 square feet, for each 100 square feet of public floor space or area.
See § 650-48: Off-street parking for more detailed information.

Development Requirements:
(a) The following uses are permitted when approved by the City Council, as provided for in Article VIII, § 650-59:

[1] Adult bookstore.
[2] Adult video store.
[3] Adult paraphernalia store.
[4] Adult motion-picture theater.
[5] Adult live entertainment establishment.
[6] 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:

[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.

See § 650-18A(32) for complete, detailed information.

Adult live entertainment establishment

Any establishment which displays live entertainment which is distinguished or characterized by its emphasis depicting, describing or relating to sexual conduct or sexual excitement as defined by MGL c. 272, § 31.

Adult movie theatre

An enclosed building used for presenting material distinguished by an emphasis on matter depicting, describing or relating to sexual conduct or sexual excitement as defined by MGL c. 272, § 31.

Adult paraphernalia store

An establishment having as a substantial or significant portion of its stock, devices, objects, tools or toys which are distinguished or characterized by their association with sexual conduct or sexual excitement as defined in MGL c. 272, § 31.

Adult use marijuana retail; marijuana accessories retail

ADULT USE MARIJUANA RETAIL
An entity licensed and registered under 935 CMR 500.050, as amended, as a marijuana retailer to purchase from a craft marijuana cooperative, marijuana cultivator, independent testing laboratory, product manufacturer or transporter and to sell or otherwise transfer the marijuana to consumers and to marijuana establishments.

MARIJUANA ACCESSORIES RETAIL
A retail business open to the public where an entity sells marijuana or cannabis accessories to consumers.

Districts Where Allowed Districts where the use may be allowed with a Special Permit: B, LI, W

Vehicle Parking:
Minimum requirements as shall be determined by the Building Commissioner must be adequate to serve the customers, patrons or visitors and the employees of such use.
See § 650-48: Off-street parking for more detailed information.

Development Requirements:
(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;

(b) Shall have frontage on Massachusetts State Highway Route 20 (Boston Post Road); and

(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).

Adult video store

An establishment having as a substantial or significant portion of its stock-in-trade videos, movies, or CD-ROMs or other film material which is distinguished or characterized by its emphasis depicting, describing or relating to sexual conduct or sexual excitement as defined in MGL c. 272, § 31.

Agriculture, horticulture or floriculture

Districts Where Allowed Districts where the use is allowed by right. : A-1, A-2, A-3, B, CA, I, LI, MV, RB, RC, RCR, RR

Vehicle Parking:
Minimum requirements as shall be determined by the Building Commissioner must be adequate to serve the customers, patrons or visitors and the employees of such use.
See § 650-48: Off-street parking for more detailed information.

Development Requirements:
For uses greater than 5 acres.

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.

Airports and heliports

Artist studio/live/work gallery space

The use of all or a portion of a structure for both habitation and work by persons engaged in the creation, manufacture or assemblage of commercial graphic arts; fine arts, including but not limited to painting, printmaking, sculpting, or ceramics; art and document restoration; the performing and visual arts, including but not limited to dance, choreography, photography or filmmaking, or the composition of music (but not to include adult entertainment). Sales of artist-created work are also permitted in a portion of the space.

Assisted living facilities

A managed residential community, operating under the provisions of MGL Chapter 19D and the regulations promulgated thereunder at 651 CMR 12.00, as may be amended from time to time. An assisted living facility may provide a special care residence, but shall not provide a (i) dementia special care unit, or (ii) any other full-time nursing care such as provided at a Long-Term Care Facility, as defined in 105 CMR 150.001, including but not limited to a convalescent home or nursing home, as defined in this Zoning Ordinance.

Districts Where Allowed Districts where the use may be allowed with a Special Permit: A-2

Vehicle Parking:
One parking space for each two beds. Reserve parking area equivalent to one space per four employees on the largest shift at the facility shall be provided on the site plan in case of need, such provision to be reviewed after one full year of continuous facility operation.

Development Requirements:
(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.

Associated/accessory research uses

Districts Where Allowed Districts where the use may be allowed with a Special Permit: I, LI

Vehicle Parking:
Minimum requirements as shall be determined by the Building Commissioner must be adequate to serve the customers, patrons or visitors and the employees of such use.
See § 650-48: Off-street parking for more detailed information.

Development Requirements:
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.

Auto sales and service

Districts Where Allowed Districts where the use is allowed by right. : CA

Vehicle Parking:
Minimum requirements as shall be determined by the Building Commissioner must be adequate to serve the customers, patrons or visitors and the employees of such use.
See § 650-48: Off-street parking for more detailed information.

Development Requirements:
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.

Auto service facilities for minor repairs, changing tires and lubrication

AUTOMOTIVE SERVICES
The sale or dispensing of vehicular fuels and for the servicing and repair of automobiles, including the sale and installation of lubricants, tires, batteries and similar vehicular accessories.

Districts Where Allowed Districts where the use may be allowed with a Special Permit: B, CA

Vehicle Parking:
Minimum requirements as shall be determined by the Building Commissioner must be adequate to serve the customers, patrons or visitors and the employees of such use.
See § 650-48: Off-street parking for more detailed information.

Development Requirements:
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.

Bakery (nonretail)

Districts Where Allowed Districts where the use is allowed by right. : I

Vehicle Parking:
One parking space for each three workers based on peak employment and adequate space for loading and unloading all vehicles used incidental to the operation of the establishment.
All new commercial and mixed use buildings shall construct loading facilities.
Renovated structures shall provide for loading facilities insofar as possible.
Provision for loading facilities shall be shown on site plans.

Boarding and lodging homes

A building or a portion thereof in which rooms or suites of rooms are let for fee as places of human habitation, either permanently or transiently, to four or more persons or which requires a license as required by MGL c. 140, § 22 et seq., as amended. The term "boardinghouse or lodging house" shall exclude convalescent homes, nursing homes, assisted living facilities, shelters, hotels and motels which are licensed as such pursuant to applicable state law.

Brew pubs

A facility which is licensed by the United States Alcohol and Tobacco Tax Trade Bureau and the Commonwealth of Massachusetts, under the relevant statutes, including MGL c. 138, § 19D, to manufacture malt beverages and which is also authorized by the City and the Commonwealth of Massachusetts to serve alcoholic beverages. The facility may have a restaurant or serve food prepared on site, but shall comply with all applicable Board of Health requirements for kitchens and common victualler licenses; provided, however, that in such a case only beer, spirit or wine products manufactured by the facility, and none by other manufacturers, may be sold, unless an on-premises pouring license has been obtained under MGL c. 138, § 12. Nothing contained herein shall prohibit the facility from having a bring-your-own-food policy.

Car parking lots, garages

Car wash

Districts Where Allowed Districts where the use may be allowed with a Special Permit: B, CA

Vehicle Parking:
Minimum requirements as shall be determined by the Building Commissioner must be adequate to serve the customers, patrons or visitors and the employees of such use.
See § 650-48: Off-street parking for more detailed information.

Development Requirements:
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.

Cemeteries

Charitable and philanthropic buildings

Chicken hens, personal use (6 or fewer)

Districts Where Allowed Districts where the use is allowed by right. : A-1, A-2, A-3, RB, RC, RR

Development Requirements:
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.

Chicken hens, personal use (between 7 and 12)

Districts Where Allowed Districts where the use is allowed by right. : A-1, A-2, A-3, RR

Development Requirements:
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.

Child-care centers

Same as defined in MGL c. 40A, § 3.

Districts Where Allowed Districts where the use is allowed by right. : A-1, A-2, A-3, B, CA, I, LI, MV, NB, RB, RC, RR, W

Vehicle Parking:
Minimum requirements as shall be determined by the Building Commissioner must be adequate to serve the customers, patrons or visitors and the employees of such use.
See § 650-48: Off-street parking for more detailed information.

Development Requirements:
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.

Churches and religious buildings

Districts Where Allowed Districts where the use is allowed by right. : A-1, A-2, A-3, B, CA, I, LI, MV, NB, RB, RC, RCR, RR, W

Vehicle Parking:
Minimum requirements as shall be determined by the Building Commissioner must be adequate to serve the customers, patrons or visitors and the employees of such use.
See § 650-48: Off-street parking for more detailed information.

Development Requirements:
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.

Clubs

Coffee roastery

A facility in which green coffee beans are roasted into roasted coffee products; provided, however, that emissions from coffee roasting operations, if vented to the outdoor air, are to be i) vented at least 10 feet above any outdoor area, including but not limited to a sidewalk, street, alley or parking lot, which is adjacent to the building where the facility is located, and ii) directed away to the extent possible from uses within 50 feet of the vent; and provided further that, in all cases, the Building Commissioner shall determine, upon plans submitted to the Building Department, the appropriate measures required to be taken and maintained by the facility in order to significantly reduce potential odor emissions and airborne pollutants, and such measures may be required as conditions for the issuance of any permit. Nothing contained herein shall prohibit the facility from having a bring-your-own-food policy.

Districts Where Allowed Districts where the use may be allowed with a Special Permit: B, I, LI, MV, W

Vehicle Parking:
One parking space for each three workers based on peak employment and adequate space for loading and unloading all vehicles used incidental to the operation of the establishment.
All new commercial and mixed use buildings shall construct loading facilities.
Renovated structures shall provide for loading facilities insofar as possible.
Provision for loading facilities shall be shown on site plans.

Commercial greenhouse

A business located in a building or group of buildings for the propagation, display and sale of plant products and items associated with gardening and/or landscaping.

Districts Where Allowed Districts where the use is allowed by right. : B, CA, I, LI Districts where the use may be allowed with a Special Permit: NB

Vehicle Parking:
Minimum requirements as shall be determined by the Building Commissioner must be adequate to serve the customers, patrons or visitors and the employees of such use.
See § 650-48: Off-street parking for more detailed information.

Commercial kennels

Buildings and facilities for the lodging of five or more domestic animals.

Districts Where Allowed Districts where the use is allowed by right. : B Districts where the use may be allowed with a Special Permit: RR

Vehicle Parking:
Minimum requirements as shall be determined by the Building Commissioner must be adequate to serve the customers, patrons or visitors and the employees of such use.
See § 650-48: Off-street parking for more detailed information.

Commercial kennels and animal hospitals

Buildings and facilities for the lodging of five or more domestic animals.

Districts Where Allowed Districts where the use is allowed by right. : CA Districts where the use may be allowed with a Special Permit: RR

Vehicle Parking:
Minimum requirements as shall be determined by the Building Commissioner must be adequate to serve the customers, patrons or visitors and the employees of such use.
See § 650-48: Off-street parking for more detailed information.

Commercial radio and television towers and wireless communications facilities

WIRELESS COMMUNICATIONS FACILITIES
Any and all materials, equipment, storage structures, towers, dishes and antennas, other than customer premises equipment, used by a commercial telecommunications carrier to provide telecommunications services. This definition does not include facilities used by a federally licensed amateur radio operator or facilities which are accessory to the use of a business or building and are for the exclusive use of the owner of the building or the tenant.

Comprehensive developments

A housing development including affordable housing meeting all requirements necessary to make said development eligible for application for a comprehensive permit as provided in MGL Chapter 40B, including future amendments thereto. (See definition of "affordable housing.")

Districts Where Allowed Districts where the use is allowed by right. : A-1, A-2, A-3, B, CA, I, LI, RB, RC, RCR, RR, W Districts where the use may be allowed with a Special Permit: NB

Vehicle Parking:
One off-street parking space per dwelling unit, plus one off-street parking space per bedroom; apartment buildings shall provide two off-street parking spaces for each dwelling unit over and above access roadways and maneuvering.
See also 650-27C(11) for more details.

Development Requirements:
Purpose and objectives. See § 650-27A for details.

Standards.

(1) General requirements. As an incentive to encourage the construction of affordable housing, the requirements of this section shall totally govern the dimensional and locational requirements for comprehensive developments unless otherwise provided in this section. Other provisions of Article VII of this Zoning Ordinance shall not apply to affordable housing developments. All the provisions of Article VIII for special permits shall apply to comprehensive developments.

(2) Review standards. It is not the intent of this section that developments meeting the standards provided hereinafter shall receive automatic approval nor that the standards be applied inflexibly in every instance. Each project shall undergo review and be judged on its merits. The standards are basic requirements and shall not preclude the City Council from specifying other requirements when necessary for particular sites to protect the public health, safety and welfare and meet the intent of this chapter, for instance in the case of reuse of older existing structures or on sites providing unforeseen development problems or impacts. In applying these standards, the most restrictive provisions of this section shall apply.

(3) Principals of development company. See § 650-27C(3) for details.

(4) Location and impact of comprehensive developments.

(a) Impact on sensitive areas. Comprehensive developments shall avoid impacts to the extent possible on environmentally sensitive areas, such as floodplains, wetlands, groundwater recharge areas, aquifers, areas feeding drinking water supply or recreation water bodies, and significant woodlands, hillsides or other natural features.
(b) Impact on infrastructure. Comprehensive developments shall avoid areas which have public infrastructure or services incapable of serving the increased density of such developments without imposing significant increased public expense that would otherwise be unnecessary for uses built at densities permitted as of right (for example, inadequate roads, utilities or schools). Applicants may downsize their projects or improve the infrastructure to meet this criteria.
(c) Site suitability. Comprehensive developments shall strive to avoid sites which are clearly better suited for uses permitted as of right by zoning and planned for those sites by the City in terms of roads, utility, infrastructure and site characteristics.

(5) Project size. The maximum number of dwelling units (affordable and market-rate) in any comprehensive development shall be 175 on any lot or any combination of contiguous lots, and the minimum number shall be nine.

(6) Concentration. See § 650-27C(6) for detailed information.

(7) Density relief. A development seeking an increase in the density allowed as of right for a particular parcel of land may not exceed the density allowed by right or by special permit in the district in which it is located, except as provided for in the following subsection.

(8) On-site dimensional regulations. See § 650-27C(8) for detailed information.
(9) Affordable units. See § 650-27C(9) for details.
(10) Profit sharing. See § 650-27C(10) for details.
(11) Parking. See "Vehicle Parking" above for details.

(12) Driveways and maneuvering aisles. All driveways and maneuvering aisles shall be designed to the standards required by Article VII of this chapter and shall be located, constructed and maintained as private ways. Design of said facilities shall be in accord with the recommendations of the City Planner, City Engineer and Fire and Police Departments.

(13) Pedestrian paths. Paths for the use of residents shall be a minimum of five feet wide and attractively designed with proper regard to convenience, separation of vehicular, bicycle and pedestrian traffic, adequate connectivity, completeness of access to the various amenities and facilities on the site. Pedestrian areas shall be designed for wheelchair accessibility according to state law.

(14) Landscaping and screening. The development shall meet all landscaping and screening requirements of § 650-47. In addition, comprehensive developments over 20 units in size shall be buffered on side and rear lot lines from adjacent homes by a landscaped area at least 15 feet wide, which shall be planted with trees at least six feet high when planted and spaced no more than 15 feet apart. No building shall be closer than 25 feet to any landscaped buffer. Said buffer shall be required to the maximum practical extent within the inner City as defined in Subsection C(6)(a), as required by the City Council.

(15) Recreation facilities. See § 650-27C(15) for details.

(16) Surface drainage. The surface drainage system shall be designed in accord with the rules and regulations governing subdivisions in the City of Marlborough and more stringent requirements as may be set by the City Council and/or Conservation Commission when the site may affect sources of water supply or bodies of water used for recreation in the City of Marlborough.

(17) Private utilities. All electric, gas, television cable and telephone distribution lines shall be placed underground unless the City Council shall grant an exception to this requirement.

(18) Sewer and water. All sewer and water facilities shall be designed in accordance with the requirements of the City Engineer and City Master Plan for such facilities, the Sanitary Code promulgated by the Massachusetts Department of Public Health, the regulations of the Marlborough Board of Health and all other laws pertaining thereto.

(19) Conservation restriction on open space. In cases where the special permit would allow the applicant to build at greater density than allowed as of right, in exchange for the increase in density, the applicant shall prepare and submit a conservation restriction that preserves all open space identified on the development plan as open space in perpetuity, except only for those areas which may be reserved for additional parking construction or the like. There shall be public access to appropriate areas of said open space if so designated by the City Council and agreed to by the applicant. Said restriction shall be submitted to the City Solicitor for review and approval and shall be recorded with the Registry of Deeds prior to the issuance of a building permit on the project.

(20) Operation and maintenance of common facilities and services. All on-site commonly owned facilities shall be operated and maintained by a management agent or association of unit owners.

See § 650-27: Comprehensive developments for complete, detailed information.

Consumer service establishments

Contractor’s yard

Premises used for the storage of equipment and/or materials used for providing contracting services, including but not limited to building construction, heating, plumbing, roofing, and excavation.

Convalescent and nursing homes

Any institution, however named, whether conducted for charity or profit, which is advertised, announced or maintained for the express or implied purpose of caring for four or more persons admitted thereto for the purpose of convalescent or nursing care, as provided in MGL c. 111, § 71 and the regulations promulgated thereunder at 105 CMR, as may be amended from time to time.

Conversion of a two-family dwelling to a three

CONVERSION
Any changes, alterations or modifications to an existing building or structure in order to accommodate a new principal use or determined by the Building Commissioner to substantially alter the nature of the existing principal use. In no instance shall new construction be deemed a conversion of a building or structure.

Districts Where Allowed Districts where the use may be allowed with a Special Permit: B, NB, RB, RC

Development Requirements:
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.

Conversion of detached one-family to a two-family

CONVERSION
Any changes, alterations or modifications to an existing building or structure in order to accommodate a new principal use or determined by the Building Commissioner to substantially alter the nature of the existing principal use. In no instance shall new construction be deemed a conversion of a building or structure.

Districts Where Allowed Districts where the use is allowed by right. : NB, RB, RC Districts where the use may be allowed with a Special Permit: A-1, A-2, A-3, RR

Development Requirements:
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.

Convert buildings to office, bank, insurance use

CONVERSION
Any changes, alterations or modifications to an existing building or structure in order to accommodate a new principal use or determined by the Building Commissioner to substantially alter the nature of the existing principal use. In no instance shall new construction be deemed a conversion of a building or structure.

Districts Where Allowed Districts where the use is allowed by right. : MV, NB, W Districts where the use may be allowed with a Special Permit: RC

Development Requirements:
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.

Copy shops, newspaper offices

Correctional institutions

Customary home occupations

HOME OFFICE/HOME OCCUPATION
An occupation customarily conducted in the place of residence of the operator or of a professional person, or in a building accessory thereto, such as dressmaking, millinery, home cooking, handcraft, specialized cultivation and propagation of houseplants, insects, fish, birds and animals, limited to one litter at a time, or the offices of a physician, surgeon, dentist, real estate agent, teacher, clergyman, artist, lawyer, architect, musician, landscape architect, land surveyor, city planner, broker, engineer, beautician or member of any other recognized profession, including an office for an off-premises business, provided that not more than three persons are engaged in the activity on the premises at any one time.

Districts Where Allowed Districts where the use is allowed by right. : A-1, A-2, A-3, B, CA, I, LI, MV, NB, RB, RC, RCR, RR, W

Vehicle Parking:
One off-street parking space for each nonresident employee and two additional spaces.
See § 650-48: Off-street parking for more detailed information.

Development Requirements:
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.

Data storage/ telecommunications facilities

A building for the operation, monitoring, and maintenance of data storage computers, telecommunications equipment and ancillary equipment, including appurtenant office space.

Districts Where Allowed Districts where the use is allowed by right. : I, LI

Vehicle Parking:
One parking space for each 2,500 square feet of building area; provided, however, that the site plan for a data storage/telecommunications facility shall provide an area labeled as "Reserve Parking Area" on the site plan, to be maintained as existing natural vegetation or as landscaped area, said reserve parking area to be sufficient in size to accommodate the parking requirements in existence at the time for an office use at the site.

Day camps

Dental clinics

Buildings or portions thereof used by licensed dentists to provide dental care services on less than a twenty-four-hour basis, and at which are employed not more than three dentists practicing daily at the clinic with the necessary support staff.

Drive-thru facilities

The use of land, buildings or structures, or parts thereof, to provide or dispense products or services, either wholly or in part, through an attendant or window or automated machine, to persons remaining in motorized vehicles that are in a designated stacking lane. A drive-thru facility does not include a vehicle washing facility, a vacuum cleaning station accessory to a vehicle washing facility, or an automobile/gasoline service station.

Dry cleaning

Districts Where Allowed Districts where the use is allowed by right. : B, I Districts where the use may be allowed with a Special Permit: W

Vehicle Parking:
One parking space for each three workers based on peak employment and adequate space for loading and unloading all vehicles used incidental to the operation of the establishment.
All new commercial and mixed use buildings shall construct loading facilities.
Renovated structures shall provide for loading facilities insofar as possible.
Provision for loading facilities shall be shown on site plans.

Dye works

Districts Where Allowed Districts where the use is allowed by right. : I

Vehicle Parking:
One parking space for each three workers based on peak employment and adequate space for loading and unloading all vehicles used incidental to the operation of the establishment.
All new commercial and mixed use buildings shall construct loading facilities.
Renovated structures shall provide for loading facilities insofar as possible.
Provision for loading facilities shall be shown on site plans.

Electric power substation for changing bulk power to distribution voltage

Districts Where Allowed Districts where the use may be allowed with a Special Permit: I, LI

Vehicle Parking:
One parking space for each three workers based on peak employment and adequate space for loading and unloading all vehicles used incidental to the operation of the establishment.
All new commercial and mixed use buildings shall construct loading facilities.
Renovated structures shall provide for loading facilities insofar as possible.
Provision for loading facilities shall be shown on site plans.

Farms and poultry farms

FARM
A piece of land containing a minimum of three acres devoted to raising crops or livestock, or devoted to any specific agricultural project, as a dairy farm, such crops or livestock or portion thereof to be offered for sale.

POULTRY FARM
A farm with a flock of more than 50 birds.

Districts Where Allowed Districts where the use is allowed by right. : RCR, RR Districts where the use may be allowed with a Special Permit: A-1, A-2, A-3

Vehicle Parking:
Minimum requirements as shall be determined by the Building Commissioner must be adequate to serve the customers, patrons or visitors and the employees of such use.
See § 650-48: Off-street parking for more detailed information.

Development Requirements:
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.

Floodplain and Wetland Protection District

Districts Where Allowed Districts where the use is allowed by right. : A-1, A-2, A-3, B, CA, I, LI, MV, NB, RB, RC, RCR, RR, W

Development Requirements:
A. Purpose. The Floodplain and Wetland Protection District and the regulations herein have been established with the following purposes intended:

(1) To protect the public health and safety, persons and property against flooding and the hazard of floodwater inundation.

(2) To control and regulate the development of land and construction of buildings thereon and structures therein within the Floodplain and Wetland Protection District, particularly in relation to the use of swampland, marshes and areas along watercourses, ponds and lakes and land subject to seasonal and/or periodic flooding.

(3) To protect the public from the burden of extraordinary financial expenditures for flood control and relief and to protect against unanticipated costs resulting from erosion, siltation, pollution or contamination of drainageways and surface water or groundwater resources of the City or neighboring communities.

(4) To preserve the capacity of floodplain, watershed or wetland areas to absorb, transmit and store runoff and to assure the retention of sufficient floodway area to convey flows which can reasonably be expected to occur.

B. Location.

(1) For the purpose of this section, the Floodplain and Wetland Protection Districts shall be considered superimposed on the other districts existing in the same area as shown on the Zoning District Map of the City of Marlborough, Massachusetts, and any buildings, structure or use of land included in the Floodplain and Wetland Protection District shall also be deemed to be within the particular district in which it is located as shown on said Zoning Map and subject to all the regulations and requirements thereof in addition to those set forth in this section.

(2) The boundaries, elevations and setback requirements of the Floodplain and Wetland Protection District shall be as shown on a map entitled "City of Marlborough, Massachusetts Floodplain and Wetland Protection District 1982" and shall also include all special flood hazard areas designated as Zones A, A1-A30 on the City of Marlborough Flood Insurance Rate Maps dated January 6, 1982, and these maps, as well as the accompanying Marlborough Flood Insurance Study, are hereby, by this reference, made a part of the Zoning Chapter.

C. Prohibited uses. The following uses are prohibited within the Floodplain and Wetland Protection District:

(1) The storage of buoyant, flammable, explosive or toxic material in a floodplain or wetland.
(2) The dumping of waste, rubbish, demolition or hazardous materials in a floodplain or wetland area.
(3) The addition, removal or transfer of such quantities of material, including earth, soil, trees, stumps or vegetation, that would reduce the water storage capacity of the floodplain or wetland, obstruct the flow of water in a floodway or otherwise adversely affect the natural hydrology of the area, except as may be a part of a plan for public flood control, municipal drainage or utility system or organized mosquito control district.
(4) The digging or drilling of a well intended as a source of domestic water, except for public water supply wells adequately sealed against the infiltration of surface water.
(5) The construction of an on-site sewage disposal system in the floodplain or designated wetland area.
(6) Any encroachment in the regulatory floodway, as shown on the Floodway-Flood Boundary Map, that would increase the water surface elevation of the one-hundred-year flood.

See § 650-23: Floodplain and Wetland Protection District for complete, detailed information.

Food processing plants

Districts Where Allowed Districts where the use is allowed by right. : I

Vehicle Parking:
One parking space for each three workers based on peak employment and adequate space for loading and unloading all vehicles used incidental to the operation of the establishment.
All new commercial and mixed use buildings shall construct loading facilities.
Renovated structures shall provide for loading facilities insofar as possible.
Provision for loading facilities shall be shown on site plans.

Forest, woodlots, portable, woodworking mills

Districts Where Allowed Districts where the use is allowed by right. : RR

Vehicle Parking:
One parking space for each three workers based on peak employment and adequate space for loading and unloading all vehicles used incidental to the operation of the establishment.
All new commercial and mixed use buildings shall construct loading facilities.
Renovated structures shall provide for loading facilities insofar as possible.
Provision for loading facilities shall be shown on site plans.

Development Requirements:
Forests, woodlots, 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 50 feet of any property line and 100 feet of any street line.

Funeral homes, parlors and mortuaries

Gasoline filling stations

Districts Where Allowed Districts where the use may be allowed with a Special Permit: B, CA

Vehicle Parking:
Minimum requirements as shall be determined by the Building Commissioner must be adequate to serve the customers, patrons or visitors and the employees of such use.
See § 650-48: Off-street parking for more detailed information.

Development Requirements:
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.

Golf courses, country clubs and beaches

Districts Where Allowed Districts where the use is allowed by right. : RR Districts where the use may be allowed with a Special Permit: A-1, A-2, A-3

Vehicle Parking:
Minimum requirements as shall be determined by the Building Commissioner must be adequate to serve the customers, patrons or visitors and the employees of such use.
See § 650-48: Off-street parking for more detailed information.

Development Requirements:
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.

Hospitals and sanitarium

A licensed facility for short- and long-term medical treatment of illness and injury, including mental illnesses and hospice services.

Hotels

An establishment providing lodging for guests on a short-term basis; dining rooms, function rooms and other support services may be included. Access to the individual sleeping rooms is through the lobby and interior corridors. This definition does not include boarding, lodging or rooming houses.

Districts Where Allowed Districts where the use is allowed by right. : MV Districts where the use may be allowed with a Special Permit: B, CA, I, LI, NB

Vehicle Parking:
One parking space for each room. See § 650-48: Off-street parking for more detailed information.

Development Requirements:
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.

Hotels < 100 rooms

An establishment providing lodging for guests on a short-term basis; dining rooms, function rooms and other support services may be included. Access to the individual sleeping rooms is through the lobby and interior corridors. This definition does not include boarding, lodging or rooming houses.

Hotels with conference facilities and commercial uses

An establishment providing lodging for guests on a short-term basis; dining rooms, function rooms and other support services may be included. Access to the individual sleeping rooms is through the lobby and interior corridors. This definition does not include boarding, lodging or rooming houses.

Districts Where Allowed Districts where the use is allowed by right. : MV Districts where the use may be allowed with a Special Permit: B, CA, I, LI

Vehicle Parking:
One space for each room. See § 650-48: Off-street parking for more detailed information.

Development Requirements:
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.

Landscape contractor’s yard

LANDSCAPE CONTRACTOR'S YARD
Premises used for the storage of equipment and/or materials used by a business principally engaged in the decorative and functional alteration, planting, and maintenance of grounds, including the installation of hardscape, such as stonework, patios, decks, arbors, and other decorative elements of the landscape. Such a business may engage in the installation and construction of underground improvements, but only to the extent that such improvements (e.g., irrigation or drainage facilities) are accessory to the principal business and are necessary to support or sustain the landscaped surface of the grounds being otherwise landscaped.

LANDSCAPING OPERATIONS
Storage of vehicles, equipment and bulk materials related to off-premises landscaping business activity, excluding retail or wholesale sale on the premises.

Large tract development

LARGE TRACT DEVELOPMENT
A development on a large tract development lot of one or more buildings of up to 85 feet in height containing not less than 200,000 square feet of gross floor area for the purposes set forth in § 650-18A(35).

LARGE TRACT DEVELOPMENT LOT
A parcel of land including 90 or more acres under common ownership.

Districts Where Allowed Districts where the use is allowed by right. : I

Vehicle Parking:
See § 650-48: Off-street parking for detailed information.

Development Requirements:
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.

Light manufacturing incidental to research

LIGHT MANUFACTURING
Fabrication, assembly, processing, finishing work or packaging in such a manner that noise, dust, vibration or similar objectionable features are confined to the premises.

Districts Where Allowed Districts where the use is allowed by right. : I, LI

Vehicle Parking:
One parking space for each three workers based on peak employment and adequate space for loading and unloading all vehicles used incidental to the operation of the establishment.
All new commercial and mixed use buildings shall construct loading facilities.
Renovated structures shall provide for loading facilities insofar as possible.
Provision for loading facilities shall be shown on site plans.

Light manufacturing, using portable electric machinery

LIGHT MANUFACTURING
Fabrication, assembly, processing, finishing work or packaging in such a manner that noise, dust, vibration or similar objectionable features are confined to the premises.

Light non-nuisance manufacturing

LIGHT MANUFACTURING
Fabrication, assembly, processing, finishing work or packaging in such a manner that noise, dust, vibration or similar objectionable features are confined to the premises.

Districts Where Allowed Districts where the use is allowed by right. : I, LI

Vehicle Parking:
One parking space for each three workers based on peak employment and adequate space for loading and unloading all vehicles used incidental to the operation of the establishment.
All new commercial and mixed use buildings shall construct loading facilities.
Renovated structures shall provide for loading facilities insofar as possible.
Provision for loading facilities shall be shown on site plans.

Livestock farms

Districts Where Allowed Districts where the use is allowed by right. : RR

Vehicle Parking:
Minimum requirements as shall be determined by the Building Commissioner must be adequate to serve the customers, patrons or visitors and the employees of such use.
See § 650-48: Off-street parking for more detailed information.

Development Requirements:
For farms greater than 10 acres.

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.

Manufacturing and/or warehousing

MANUFACTURING
The use of land or buildings for fabrication or assembly requiring chemical reduction, metal stamping and similar activities as primary uses.

WAREHOUSE
A building used primarily for the storage of goods and material.

Districts Where Allowed Districts where the use is allowed by right. : I, LI

Vehicle Parking:
One parking space for each three workers based on peak employment and adequate space for loading and unloading all vehicles used incidental to the operation of the establishment.
All new commercial and mixed use buildings shall construct loading facilities.
Renovated structures shall provide for loading facilities insofar as possible.
Provision for loading facilities shall be shown on site plans.

Development Requirements:
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), provided truck loading and parking areas are effectively screened from abutting office and residential use. Oil or asphalt manufacturing is prohibited.

Manufacturing or warehouse

See definition for "Manufacturing" in § 650-5: Definitions; word usage.
See definition for "Warehouse" in § 650-5: Definitions; word usage.

Districts Where Allowed Districts where the use is allowed by right. : I

Vehicle Parking:
One parking space for each three workers based on peak employment and adequate space for loading and unloading all vehicles used incidental to the operation of the establishment.
All new commercial and mixed use buildings shall construct loading facilities.
Renovated structures shall provide for loading facilities insofar as possible.
Provision for loading facilities shall be shown on site plans.

Development Requirements:
Oil or asphalt manufacturing is prohibited.

Manufacturing where the majority of items are sold on premises to the consumer

See definition for "Manufacturing" in § 650-5: Definitions; word usage.

Districts Where Allowed Districts where the use is allowed by right. : CA

Vehicle Parking:
One parking space for each three workers based on peak employment and adequate space for loading and unloading all vehicles used incidental to the operation of the establishment.
All new commercial and mixed use buildings shall construct loading facilities.
Renovated structures shall provide for loading facilities insofar as possible.
Provision for loading facilities shall be shown on site plans.

Medical and/or adult use marijuana cultivator, independent testing laboratory, product manufacturer or transporter

MEDICAL AND/OR ADULT USE MARIJUANA CULTIVATOR
An entity licensed and registered under 105 CMR 725.100 and/or 935 CMR 500.000, as amended, to cultivate, process and package marijuana, to deliver to medical marijuana treatment centers and/or to other marijuana establishments, but not to consumers.

MEDICAL AND/OR ADULT USE MARIJUANA INDEPENDENT TESTING LABORATORY
A laboratory that is licensed by the Cannabis Control Commission and is (i) accredited to the most current International Organization for Standardization 17025 by a third-party accrediting body that is a signatory to the International Laboratory Accrediting Cooperation mutual recognition arrangement or that is otherwise approved by the Commission, (ii) independent financially from any medical marijuana treatment center or any licensee or marijuana establishment for which it conducts a test, and (iii) qualified to test marijuana in compliance with 105 CMR 725.031 and MGL c. 94C, § 34 and/or 935 CMR 500.160 and MGL c. 94G, § 34.

MEDICAL AND/OR ADULT USE MARIJUANA PRODUCT MANUFACTURER
An entity licensed to obtain, manufacture, process and package marijuana and marijuana products, to deliver marijuana and marijuana products to marijuana establishments and/or to medical marijuana treatment centers, but not to consumers.

MEDICAL AND/OR ADULT USE MARIJUANA TRANSPORTER
An entity, not otherwise licensed by the Cannabis Commission, that is licensed to purchase, obtain, and possess marijuana and marijuana products solely for the purpose of transporting, temporary storage, sale and distribution to marijuana establishments and/or to medical marijuana treatment centers, not for sale to consumers.

Districts Where Allowed Districts where the use may be allowed with a Special Permit: I, LI

Vehicle Parking:
Minimum requirements as shall be determined by the Building Commissioner must be adequate to serve the customers, patrons or visitors and the employees of such use.
See § 650-48: Off-street parking for more detailed information.

Development Requirements:
Medical and/or adult use marijuana cultivator, independent testing laboratory, product manufacturer or transporter:

(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.

Medical marijuana treatment center

Refers to the site(s) of dispensing, cultivation, and preparation of marijuana; shall mean a not-for-profit entity or a for-profit entity registered under 105 CMR 725.100 and known thereunder as a registered marijuana dispensary (RMD), that acquires, cultivates, possesses, processes [including development of related products, such as edible marijuana-infused products (MIPs), tinctures, aerosols, oils, or ointments], transfers, transports, sells, distributes, dispenses, or administers marijuana, products containing marijuana, related supplies, or educational materials to registered qualifying patients or their personal caregivers; and shall be subject to the regulations under § 650-32 of this chapter.

Districts Where Allowed Districts where the use may be allowed with a Special Permit: B, LI, W

Vehicle Parking:
Minimum requirements as shall be determined by the Building Commissioner must be adequate to serve the customers, patrons or visitors and the employees of such use.
See § 650-48: Off-street parking for more detailed information.

Development Requirements:
(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;

(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).

Medical office/clinic

Buildings or portions thereof used by or for licensed physicians and other licensed healthcare practitioners, with the necessary support staff, which is designed, intended or used for providing, on a less than twenty-four-hour basis, medical services, including but not limited to urgent care for the treatment of injuries or illness, laboratory testing, x-rays, mental health services and occupational health services, but, however, not including internal surgical care, dental clinics, narcotic detoxification and/or maintenance facilities, and medical marijuana treatment centers. For any such use exceeding 5,000 square feet of space, a special permit shall be required in any district where such use is not prohibited.

Districts Where Allowed Districts where the use is allowed by right. : B, MV, NB, RC, RCR, W Districts where the use may be allowed with a Special Permit: A-1, A-2, A-3, RB, RR

Vehicle Parking:
Minimum requirements as shall be determined by the Building Commissioner must be adequate to serve the customers, patrons or visitors and the employees of such use.
See § 650-48: Off-street parking for more detailed information.

Mixed-use development

MIXED USE

(1) A combination of permitted (Y) or special permit (SP) residential/business uses as listed in § 650-17: Table of Uses, for a particular zoning district, located on the same lot and arranged vertically in multiple stories of a structure or horizontally adjacent to one another in one or more buildings.

(2) The mix of uses shall be balanced and compatible and shall contribute to a vibrant downtown atmosphere, including a combination of ground floor street front uses, such as retail or restaurant.

(3) Ground floors of buildings fronting streets or public accessways shall be reserved for nonresidential uses, except as specified below. Dwelling units shall be allowed on ground floors of buildings if:

(a) The building is set behind another building that has commercial uses on the ground floor; or

(b) The residential portion of the ground floor of a building is set behind street front nonresidential uses within the same building.

Districts Where Allowed Districts where the use is allowed by right. : MV Districts where the use may be allowed with a Special Permit: B, NB, W

Vehicle Parking:
See § 650-48: Off-street parking for detailed information.

Development Requirements:
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.

Motels

An establishment providing lodging for guests on a short-term basis; dining rooms, function rooms and other support services may be included. Access to the individual sleeping rooms is directly from parking spaces or by an exterior walkway.

Multifamily dwelling

A dwelling, including single-family attached units, designed for or occupied by three or more families.

Districts Where Allowed Districts where the use may be allowed with a Special Permit: B, MV, NB, RB, RC, W

Vehicle Parking:
One off-street parking space per dwelling unit, plus one off-street parking space per bedroom; apartment buildings shall provide two off-street parking spaces for each dwelling unit over and above access roadways and maneuvering.

Development Requirements:
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.

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.

Narcotic detoxification and/or maintenance facility

A nonresidential drug treatment program that assists individuals addicted to drugs by administration of a substitute drug. Any facility that dispenses, prescribes, administers, allocates, delivers, hands out, or uses in any way a substitute drug, with or without providing other treatment services, shall be deemed a "narcotic detoxification and/or maintenance facility" and subject to the regulations under § 650-31 of this chapter.

Newspaper printing and publishing, job printing

Districts Where Allowed Districts where the use is allowed by right. : CA, I, LI Districts where the use may be allowed with a Special Permit: MV

Vehicle Parking:
One parking space for each three workers based on peak employment and adequate space for loading and unloading all vehicles used incidental to the operation of the establishment.
All new commercial and mixed use buildings shall construct loading facilities.
Renovated structures shall provide for loading facilities insofar as possible.
Provision for loading facilities shall be shown on site plans.

Offices, banks, insurance and financial institutions

OFFICES AND PROFESSIONAL OFFICES
A building or portion thereof wherein services performed are predominantly administrative, professional or clerical operations.

Open air markets

Districts Where Allowed Districts where the use is allowed by right. : MV Districts where the use may be allowed with a Special Permit: B, CA

Vehicle Parking:
See § 650-48: Off-street parking for detailed information.

Development Requirements:
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.

Open space development

A development permitted under the section of the Zoning Ordinance entitled "open space developments," § 650-28, and consisting of residential lots in which the houses are in one or more groups on the site, separated from each other and from adjacent properties by permanently protected open space.

Districts Where Allowed Districts where the use may be allowed with a Special Permit: A-1, A-2, A-3, RR

Development Requirements:
Purpose and objectives. See § 650-28B for details.

General requirements.

(1) Uses. Uses in an open space development shall be limited to those uses permitted within the applicable zoning districts as specified in Article V, § 650-17.

(2) Site ownership. The development may consist of a single parcel of land or contiguous parcels, provided they are in common ownership or are submitted with the binding consent of different owners.

(3) Access. Each lot shall have adequate access on a public or private way. Common driveways are permitted in accordance with requirements appearing elsewhere in this chapter.

(4) Ways, interior drives, and utilities. The construction of all ways, interior drives and utilities shall be in accordance with the standards specified in the Planning Board's Rules and Regulations Governing the Subdivision of Land unless the Planning Board waives said rules and regulations based on its determination that adequate access will be provided to all lots in the development by ways that will be safe and convenient for travel.

(5) Lot layout. Each lot shall be of a size and shape to provide a building site which shall be in harmony with the natural terrain and other features of the land.

(6) Internal circulation. There shall be an adequate, safe and convenient arrangement of pedestrian circulation, roadways, driveways and parking.

Common open space requirements.

(1) General. All land not devoted to dwellings, yards, accessory uses, roads or other development shall be set aside as common open space.

(2) Use. The use of common open space shall be restricted to the following:

(a) Active and passive recreation, conservation, forestry, agriculture, natural buffers.
(b) Accessways, parking, underground utilities and structures necessary for and accessory to the uses in Subsection (a) above.

(3) Number of parcels. Common open space may be in more than one parcel, provided that the size, shape and location of such parcels are suitable for the designated uses.

(4) Access. The common open space shall be provided with adequate access from a public or private way.

(5) Minimum area. The total area of common open space shall equal or exceed the area by which all residential lots are reduced below the basic minimum lot area normally required in the zoning district. In no case shall said total area be less than 40% of a total site in an RR District, 30% in an A-1 or A-2 District or 20% in an A-3 District, even if density bonuses are included as provided for under Subsection E(2)(c).

(6) Land characteristics. The following lands may be used to meet the minimum requirements for common open space only in the proportions specified in the table below. However, if more than the minimum area of open space is provided, then these lands may be included within the excess common open space. See table for open space dimensional requirements information.

(7) Perimeter buffers. Perimeter buffers are required where abutting property has already been developed with single-family homes on lots in full conformity with the requirements of this chapter as of January 1, 1992, and where residential structures within the open space development are located on lots of reduced size allowed by this section. Where buffers are required, said structures shall be set back from the boundaries of the development by a distance no less than double the minimum yard dimension in the underlying zoning district. Within said setback shall be a buffer strip which shall be kept in a natural landscaped condition. The Planning Board may require the planting of trees if none exist naturally. Said buffer strip may be located either within a privately owned residential lot having a buffer easement or, alternatively, within the common open space, as the Planning Board shall determine.

(8) Design guidelines. The design of the common open space shall, to the extent practical, follow the design guidelines to be used by the Planning Board in making a decision on the special permit, as described in Subsection H(8)(b).

Ownership and management of open space. See § 650-28G for detailed information.

See § 650-28: Open space developments for complete, detailed information.

Outdoor recreation uses

Outdoor storage

The storage in the open of any material that is incidental to the primary use on the premises, excluding any activities related to resale. Outdoor storage shall not include either a contractor's yard or a landscape contractor's yard.

Districts Where Allowed Districts where the use is allowed by right. : B, CA Districts where the use may be allowed with a Special Permit: I, LI

Development Requirements:
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.

Packaging or bottling plants

Districts Where Allowed Districts where the use is allowed by right. : I

Vehicle Parking:
One parking space for each three workers based on peak employment and adequate space for loading and unloading all vehicles used incidental to the operation of the establishment.
All new commercial and mixed use buildings shall construct loading facilities.
Renovated structures shall provide for loading facilities insofar as possible.
Provision for loading facilities shall be shown on site plans.

Place of repair for cars, boats, trucks and farm equipment

Districts Where Allowed Districts where the use is allowed by right. : CA

Vehicle Parking:
Minimum requirements as shall be determined by the Building Commissioner must be adequate to serve the customers, patrons or visitors and the employees of such use.
See § 650-48: Off-street parking for more detailed information.

Development Requirements:
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.

Places of assembly

Power laundries

Districts Where Allowed Districts where the use is allowed by right. : I

Vehicle Parking:
One parking space for each three workers based on peak employment and adequate space for loading and unloading all vehicles used incidental to the operation of the establishment.
All new commercial and mixed use buildings shall construct loading facilities.
Renovated structures shall provide for loading facilities insofar as possible.
Provision for loading facilities shall be shown on site plans.

Private clubs, nonprofit

Buildings or facilities owned or operated by a corporation, association or persons for a social, educational or recreational purpose but not for profit; excludes synagogues, churches, mosques or other houses of worship.

Public buildings

Districts Where Allowed Districts where the use is allowed by right. : A-1, A-2, A-3, B, CA, I, LI, MV, NB, RB, RC, RCR, RR, W

Vehicle Parking:
Minimum requirements as shall be determined by the Building Commissioner must be adequate to serve the customers, patrons or visitors and the employees of such use.
See § 650-48: Off-street parking for more detailed information.

Development Requirements:
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.

Public recreation and conservation

PUBLIC INDOOR RECREATION
Sports or leisure time activities or facilities which are operated by a public agency and which occur within a building.

PUBLIC OUTDOOR RECREATION
Sports or leisure-time activities or facilities which are operated by a public agency and which occur principally outside of a building.

Districts Where Allowed Districts where the use is allowed by right. : NB, RR Districts where the use may be allowed with a Special Permit: A-1, A-2, A-3

Vehicle Parking:
Minimum requirements as shall be determined by the Building Commissioner must be adequate to serve the customers, patrons or visitors and the employees of such use.
See § 650-48: Off-street parking for more detailed information.

Public utilities, not including storage yards or repair shops

Public, private and religious schools, museums, libraries, parks, recreation facilities, buildings and playgrounds

Public, private or commercial recreation establishments, recreation grounds or places of amusement

Recording studio/live/work space

The use of all or a portion of a structure for both habitation and work by persons engaged in sound recording and mixing, which studio may be used to record musicians, voice-over artists for advertisements or dialogue replacement in film, television or animation, or to record their accompanying musical soundtracks, to be stored on tapes, records, compact discs, computers or other storage devices.

Recreation center

Districts Where Allowed Districts where the use is allowed by right. : NB Districts where the use may be allowed with a Special Permit: I, LI, W

Vehicle Parking:
Minimum requirements as shall be determined by the Building Commissioner must be adequate to serve the customers, patrons or visitors and the employees of such use.
See § 650-48: Off-street parking for more detailed information.

Development Requirements:
Recreational center for the purpose of providing ice-skating rinks, swimming pools, tennis courts and any other indoor or outdoor recreational facility and use.

Recreation center, indoor and outdoor

Research, experimental labs

Districts Where Allowed Districts where the use is allowed by right. : I, LI

Vehicle Parking:
Minimum requirements as shall be determined by the Building Commissioner must be adequate to serve the customers, patrons or visitors and the employees of such use.
See § 650-48: Off-street parking for more detailed information.

Development Requirements:
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: Definitions; word usage 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.

Residential accessory uses

A use customarily incidental to that of the main building or to the use of the land, excluding the exterior storage of junk, dismantled or abandoned cars or any other storage detrimental to the health, safety or general welfare.

Districts Where Allowed Districts where the use is allowed by right. : A-1, A-2, A-3, B, CA, I, LI, MV, NB, RB, RC, RCR, RR

Vehicle Parking:
See § 650-48: Off-street parking for detailed information.

Development Requirements:
(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)[1], above, 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.

Residential conference and training center with food and recreation services

Districts Where Allowed Districts where the use is allowed by right. : I, LI

Vehicle Parking:
Two parking spaces for each three bedrooms. See § 650-48: Off-street parking for more detailed information.

Development Requirements:
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.

Restaurant with drive-in or drive-thru facilities

Districts Where Allowed Districts where the use may be allowed with a Special Permit: B, CA, NB, W

Vehicle Parking:
One parking space for every three seats, plus one space for every three employees.
See § 650-48: Off-street parking for more detailed information.

Development Requirements:
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: Dimensional, Landscaping and Parking Regulations.
[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.

(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.

Restaurant, cafe

Restaurants for employee use

Restaurants serving food outdoors

Districts Where Allowed Districts where the use is allowed by right. : B, CA, MV, NB, W Districts where the use may be allowed with a Special Permit: I, LI

Vehicle Parking:
One parking space for every three seats, plus one space for every three employees.
See § 650-48: Off-street parking for more detailed information.

Development Requirements:
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: Dimensional, Landscaping and Parking Regulations.
[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.

(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.

Retail sales accessory to manufacturing

Districts Where Allowed Districts where the use is allowed by right. : I

Vehicle Parking:
One parking space for each three workers based on peak employment and adequate space for loading and unloading all vehicles used incidental to the operation of the establishment.
All new commercial and mixed use buildings shall construct loading facilities.
Renovated structures shall provide for loading facilities insofar as possible.
Provision for loading facilities shall be shown on site plans.

Development Requirements:
Retail outlets accessory to manufacturing firms are permitted, provided that they use less than 1/3 of the floor and/or ground area.

Retail sales and services <75,000 square feet gross floor area

Establishments offering goods and services, not specifically listed in the Table of Uses, to the public. Sales of a wide variety of goods and services include, but are not limited to: antiques, apparel, books, food, drugstore, sporting goods, and similar; custom services such as tailoring, photography, framing and similar; and services such as insurance, optometry, banks; dry-cleaning and laundry dropoff stations; hairdressers and barbers; health clubs, gyms, dance or yoga studios; repair services for appliances, shoes, etc.; catering and similar. Retail sales and services do not include adult entertainment, check-cashing services, pawn shops, gold exchange shops, medical marijuana facilities or drug treatment facilities.

Districts Where Allowed Districts where the use is allowed by right. : B, CA, MV, NB, W Districts where the use may be allowed with a Special Permit: I, LI

Vehicle Parking:
One parking space, 350 square feet, for each 100 square feet of public floor space or area.
See § 650-48: Off-street parking for more detailed information.

Development Requirements:
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.

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.

Retail sales and services >75,000 square feet gross floor area

Establishments offering goods and services, not specifically listed in the Table of Uses, to the public. Sales of a wide variety of goods and services include, but are not limited to: antiques, apparel, books, food, drugstore, sporting goods, and similar; custom services such as tailoring, photography, framing and similar; and services such as insurance, optometry, banks; dry-cleaning and laundry dropoff stations; hairdressers and barbers; health clubs, gyms, dance or yoga studios; repair services for appliances, shoes, etc.; catering and similar. Retail sales and services do not include adult entertainment, check-cashing services, pawn shops, gold exchange shops, medical marijuana facilities or drug treatment facilities.

Districts Where Allowed Districts where the use may be allowed with a Special Permit: B, CA, I, LI, MV, W

Vehicle Parking:
One parking space, 350 square feet, for each 100 square feet of public floor space or area.
See § 650-48: Off-street parking for more detailed information.

Development Requirements:
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.

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.

Retirement community

See definition for "Retirement Community - Detached and Townhomes" in § 650-5: Definitions; word usage.
See definition for "Retirement Community - Multifamily" in § 650-5: Definitions; word usage.

Districts Where Allowed Districts where the use is allowed by right. : RCR

Vehicle Parking:
See § 650-21C(8) for details on off-street parking requirements.

Development Requirements:
Such use shall be permitted as of right, provided that it is composed entirely of detached single-family residences on separate lots which comply in all ways with the Zoning Ordinance provisions then in effect which are applicable to single-family residences in a Residence A-1 Zone. A retirement community may also be allowed by special permit as specified in the subsection below.

When approved by the City Council in writing by special permit in accordance with Article VIII, § 650-59, a retirement community as defined in § 650-5 may be allowed, subject to the following conditions:

(1) No building shall be more than 2 1/2 stories in height.

(2) Each building shall face either upon an existing street or upon a public or private way constructed within said retirement community and shall have a minimum front yard of no less than 20 feet from the edge of the paved way to the closest point of the structure and a side yard of no less than 10 feet from the edge of the paved way to the closest point of the structure. Each building, whether principal or accessory, shall be at least 20 feet distant from any other building by air line distance between the nearest points of the buildings.

(3) No dwelling shall contain less than 1,000 square feet of living area or more than 2,400 square feet of living area.
(4) All dwelling units shall be detached from the others or attached only along side walls in the so-called "townhouse" style.
(5) The lot or lots on which a retirement community is located shall contain at least 5,000 square feet per unit in the retirement community.

(6) No part of any principal building shall be within 25 feet of any exterior lot line nor shall any part of any building be closer to any exterior lot line than the minimum side yard requirement which would have been applicable in the zoning district in which the land in question was located before it was rezoned into a Retirement Community Residence District. A building may be as close as 25 feet to the front yard line of the exterior lot; provided, however, that no said building shall be less than 50 feet from the side line of a public way.

(7) Each dwelling unit shall have its own attached yard area.
(8) Off-street parking. See "Vehicle Parking" above for details.
(9) Maximum lot coverage in a retirement community shall not exceed 50% of the total lot size, excluding from lot size any land which, prior to development of the site as a retirement community, would be defined as a "resource area" as that term is defined in MGL c. 131, § 40.

(10) Each lot or contiguous lots upon which a retirement community is located shall have total frontage on an existing public way of at least 250 feet; provided, however, that said frontage need not be continuous. Each lot or combination of lots shall have a total size of not less than 15 acres.

(11) The City Council may, as a permit condition, require that all proposed condominium bylaws or similar binding retirement community regulations which may be relevant to the issuance of the permit, including but not limited to bylaw provisions prohibiting the presence of children residing in the retirement community and limiting or prohibiting the presence in the retirement community of boats, boat trailers or recreational vehicles, be made a part of the special permit, and that any change to or failure to enforce said provisions shall be a violation of said special permit.

(12) The City Council may, as a permit condition, require that the proposed retirement community be constructed entirely on one lot, and that, from and after the date of the issuance of the building permit for said community or any portion thereof, no subdivision of said lot shall be allowed without the express approval of the City Council; provided, however, that the recording of a condominium master deed and the conveyance of condominium units within the area covered by said deed shall be allowed.

(13) No unit in a retirement community shall have more than three bedrooms.

Retirement Community Overlay

Districts Where Allowed Districts where the use may be allowed with a Special Permit: I, LI

Vehicle Parking:
For the RCO-D/T - see § 650-22C(1)(h) for details.
For the RCO-MF - A minimum of 1.0 parking space per dwelling unit shall be provided. Attached and detached garages shall count toward this parking requirement.

Development Requirements:
All permitted uses must comply with the appropriate provisions of Article V and Article VII, except as otherwise specified herein. In addition to those uses which are allowed, either as of right or by special permit, in the underlying district of any land which has been included in the Retirement Community Overlay District, the City Council may, by special permit in accordance with § 650-59, permit a retirement community-detached and townhomes or a retirement community-multifamily, as defined in § 650-5, consistent with the following provisions:

(1) Retirement community - detached and townhomes (RCO-D/T).

(a) No building in an RCO-D/T community shall be more than 2 1/2 stories in height.
(b) Each building in an RCO-D/T community shall face either upon an existing street or upon a public or private way constructed within said RCO-D/T community and shall have a minimum front yard of no less than 20 feet from the edge of the paved way to the closest point of the structure and a side yard of not less than 10 feet from the edge of the paved way to the closest point of the structure. Each building, whether principal or accessory, shall be at least 10 feet distant from any other building by airline distance between the nearest points of the buildings.

(c) No dwelling in an RCO-D/T community shall contain less than 1,000 square feet of living area or more than 2,400 square feet of living area.

(d) All dwelling units in an RCO-D/T community shall be detached from the others or attached only along side walls in the so-called "townhouse" style.

(e) The lot or lots on which an RCO-D/T community is located shall contain, on a consolidated basis, at least 7,000 square feet per housing unit.

(f) No part of any principal building in an RCO-D/T community shall be less than 25 feet from any exterior lot line or less than 50 feet from the side of any public way.

(g) Each dwelling unit in an RCO-D/T community shall have its own attached yard area.

(h) See "Vehicle Parking" above for details.
(i) Maximum combined lot coverage in an RCO-D/T community shall not exceed 40% of the total lot size.
(j) Each lot or contiguous lots upon which an RCO-D/T community is located shall have total frontage on an existing public way of at least 250 feet. Each lot or combination of lots shall have a total size of not less than 10 acres. The underlying zoning district for all said land shall be either Industrial or Limited Industrial.

(k) The City Council may, as a permit condition, require that all proposed condominium bylaws or similar binding RCO-D/T community regulations which may be relevant to the issuance of the permit, including but not limited to bylaw provisions prohibiting the presence of children residing in an RCO-D/T community and limiting or prohibiting the presence in a RCO-D/T community of boats, boat trailers, or recreational vehicles, be made a part of the special permit and that any change to or failure to enforce said provisions shall be a violation of said special permit.

(l) The City Council may, as a permit condition, require that a proposed RCO-D/T community be constructed entirely on one lot, and that, from and after the date of the issuance of the building permit for said community or any portion thereof, no subdivision of said lot shall be allowed without the express approval of the City Council; provided, however, that the recording of a condominium master deed and the conveyance of condominium units within the area covered by said deed shall be allowed.

(m) No unit in an RCO-D/T community shall have more than three bedrooms.
(n) If an RCO/DT community is proposed which contains at least 30 acres of land, the following provisions shall supersede those found elsewhere in § 650-22:

[1] The lot or lots on which an RCO/DT community is located shall contain at least 5,000 square feet per unit in the RCO/DT community;
[2] Maximum lot coverage in the RCO/DT community shall not exceed 50% of the total lot size, excluding from the lot size any land which, prior to development of the site as a RCO/DT community, would be defined as a "resource area," as that term is defined in MGL c. 131, § 40.
[3] Each lot or contiguous set of lots upon which a RCO/DT community is located shall have total frontage on an existing public way, or on a private way laid out by the City Council pursuant to MGL c. 82, § 21, of at least 250 feet; provided, however, that said frontage need not be continuous.

(2) Retirement Community - Multifamily (RCO-MF).

(a) The total area of the tract of contiguous parcels to be developed as an RCO-MF shall not be less than 10 acres. The underlying zoning district for all said land shall be either Industrial or Limited Industrial and be located within the area that lies within the perimeter of the following roadways: commencing at the Fitchburg Street intersection at the Route 85/290 Connector Road; then west along the Route 85/290 Connector Road to the intersection of Route 495; then south along Route 495 to where it passes over the intersection with Berlin Road; then southeasterly along Berlin Road to the intersection with West Hill Road; then easterly along West Hill Road to the intersection with Pleasant Street; then north along Pleasant Street to the intersection with Fitchburg Street; then north along Fitchburg Street to the intersection with the Route 85/290 Connector Road, all of said land being in reasonable proximity to the UMass Memorial Marlborough Hospital and the interstate highway intersection of Route 495 and Route 290.

(b) An RCO-MF may contain one- and two-bedroom units and studio units for independent living persons, and may include services and amenities for its residents, including but not limited to, dining facilities, in-unit kitchens, common rooms, activity rooms, exercise rooms, theater, chapel, library, pharmacy/gift shop/convenience store, beauty salon, barbershop, personal banking services, offices and accessory uses or structures, concierge and valet services, third-party vendor services, and recreation facilities.

(c) No building in an RCO-MF shall be more than three stories in height.
(d) The total number of dwelling units in an RCO-MF shall be limited to 12 units per acre.
(e) No part of any principal building in an RCO-MF shall be less than 50 feet from any exterior lot line or less than 100 feet from any public way.
(f) Maximum combined lot coverage in an RCO-MF, including any permitted accessory structures, shall not exceed 40% of the tract or contiguous parcels.
(g) The tract or contiguous parcels upon which an RCO-MF is located shall have a minimum total frontage on an existing public or private way of at least 200 feet.

(h) The City Council may, as a permit condition, require that all proposed condominium bylaws or similar binding RCO-MF regulations which may be relevant to the issuance of the permit, including but not limited to bylaw provisions prohibiting the presence of children residing in a retirement community and limiting or prohibiting the presence in a retirement community of boats, boat trailers, or recreational vehicles, be made a part of the special permit and that any change to or failure to enforce said provisions shall be a violation of said special permit.

(i) The City Council may, as a permit condition, require that a proposed RCO-MF be constructed entirely on one tract and that, from and after the date of the issuance of the building permit for said community no subdivision of said tract shall be allowed without the express approval of the City Council; provided, however, that the recording of a condominium master deed and the conveyance of condominium units within the area covered by said deed shall be allowed.

(j) A minimum of 1.0 parking space per dwelling unit shall be provided in an RCO-MF. Attached and detached garages shall count toward this parking requirement.

(k) No dwelling unit in an RCO-MF shall contain less than 500 square feet of living area or more than 1,300 square feet of living area.

(l) No building in an RCO-MF need be located or placed further from the exterior line of any street or public way than the average distance from such street or way line of the dwellings or other principal buildings located on the lots adjacent thereto on either side. In determining such average, a vacant side lot having a frontage of 50 feet or more shall be considered as though occupied by a building having the required setback, and a lot separated from the lot in question only by a vacant lot having a frontage of less than 50 fee shall be deemed an adjacent lot. The point of measurement of the average distance shall be from the closest point of the principal building to the street or public way regardless of parcel ownership.

(m) In an RCO-MF, there shall be provided with each multifamily building a landscaped area equal to the greatest single floor area of the building, provided that such landscaped area may include undisturbed natural areas, such as vegetated areas, woodlands, wetlands and floodplain areas.

See § 650-22: Retirement Community Overlay Districts for complete, detailed information.

Riding academy

Salesroom

A building or part of a building for retail or wholesale display and/or sale.

Schools, for business, trade, music, dance, and television\or radio broadcasting studios (but not including towers)

Self-service laundry

Self-service storage facility

A building, group of buildings or other structure, whether permanent or temporary, having compartments, rooms, spaces, containers or other type of units that are individually leased, rented, sold or otherwise contracted for by customers for the storage of personal or business goods or property, and where the facility owner/operator has limited access to the units. A self-service storage facility shall be considered synonymous with a self-storage facility, self-storage warehouse, mini-warehouse and mini-storage.

Shopping malls

A concentration of retail stores and service establishments, including, without limitation, one or more restaurants, movie theaters, and such other uses customarily found in a regional shopping mall, within an enclosed structure (which may consist of several buildings) containing not less than 250,000 square feet of gross floor area and located on a development lot of no less than 20 acres, with a unified approach to ingress and egress, parking, truck loading, vehicular entrances and exits, drainage and utilities. Utility buildings and structures serving the shopping mall may be located outside of the enclosed structure.

Districts Where Allowed Districts where the use may be allowed with a Special Permit: I, LI, W

Vehicle Parking:
A minimum of one parking space for each 225 square feet of gross leasable area.
Retail stores, shops, restaurants 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 shall provide a minimum of one parking space for each 225 square feet of gross leasable area.

Single-family

A detached dwelling unit, other than a mobile home, designed for or occupied by not more than one family.

Single-family, attached

SINGLE-FAMILY ZERO-LOT-LINE DWELLING
A single-family dwelling where a side yard need not be provided on that side of the dwelling that shares a party wall or double wall with an adjacent dwelling.

Soil removal

Tattoo and body piercing parlors and shops

Any establishment, place of business which has or does for commercial or business purposes cause to have any part of the human body pierced, marked, tattooed except for earlobes for the insertion of earrings.

Tourist home\bed-and-breakfast

TOURIST HOME
Home providing "bed-and-breakfast" as commonly used in the tourist industry.

BED-AND-BREAKFAST
An owner-occupied dwelling unit in which eight or fewer rooms without kitchen facilities are let, on an overnight basis, as a temporary sleeping quarters for persons who have their residence elsewhere. Food and beverage service is limited to breakfast for registered, paying overnight guests at no additional cost. The length of occupancy by a registered guest does not exceed 14 days. Hotels, motels, boarding, lodging or rooming houses are not classified as bed-and-breakfast establishments. Extended stay may be permitted beyond 14 days with the approval of the Building Commissioner. Such approval shall be granted only when an occupant has a verifiable employment contract or agreement coincident with the length of stay requested.

Trailer; mobile homes

Any vehicle or object, whether resting on wheels, jacks or other foundation and having no motive power of its own, but which is drawn by or used in connection with a motor vehicle and which is so designed and constructed as a dwelling unit which permits its transportation and relocation as a complete unit on its own wheels. It shall contain complete electrical, plumbing and sanitary facilities and shall be installed on a permanent foundation for permanent living quarters. This shall not include the type of vehicle known as a "travel trailer" or "travel coach," nor shall it include any other prefabricated dwelling unit which contains detachable parts equal to or greater than 50% of the floor area of the total dwelling unit.

Districts Where Allowed Districts where the use may be allowed with a Special Permit: A-1, A-2, A-3, B, CA, I, LI, RB, RC, RCR, RR

Vehicle Parking:
See § 650-48: Off-street parking for detailed information.

Development Requirements:

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.

Mobile home development regulations (floodplains and wetlands).

(1) Within Zone A1-A30, all mobile homes shall provide that:

(a) Stands or lots are elevated on compacted fill or on pilings so that the lowest floor of the mobile home will be at or above the base flood level.
(b) Adequate surface drainage and access for a hauler are provided.
(c) In the instance of elevation on pilings, lots are large enough to permit steps, piling foundations are placed in stable soil no more than 10 feet apart and reinforcement is provided for piers more than six feet above ground level.

(2) The placement of mobile homes, except in an existing mobile home park or mobile home subdivision, is prohibited in the floodway.

Transportation terminal and freight depots

Districts Where Allowed Districts where the use may be allowed with a Special Permit: CA, I, LI

Vehicle Parking:
One parking space for each three workers based on peak employment and adequate space for loading and unloading all vehicles used incidental to the operation of the establishment.
All new commercial and mixed use buildings shall construct loading facilities.
Renovated structures shall provide for loading facilities insofar as possible.
Provision for loading facilities shall be shown on site plans.

Two residential structures on a lot less than 80,000 square feet

Districts Where Allowed Districts where the use may be allowed with a Special Permit: RB, RC

Vehicle Parking:
See § 650-48: Off-street parking for detailed information.

Development Requirements:
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:

[1] At least 75% of the landscaped area has a grade of less than 8%.
[2] The width of such landscaped area shall average at least 40 feet and in no case shall be less than 30 feet.
[3] The landscaped area shall be designed for recreational use by residents.

Two-family homes

A dwelling designed for or occupied by two families with two, but not more than two, separate housekeeping units.

Veterinary hospital

A building for the care and treatment of animals, including facilities for testing, surgical and extended care.

Districts Where Allowed Districts where the use is allowed by right. : CA Districts where the use may be allowed with a Special Permit: MV, NB

Vehicle Parking:
Minimum requirements as shall be determined by the Building Commissioner must be adequate to serve the customers, patrons or visitors and the employees of such use.
See § 650-48: Off-street parking for more detailed information.

Water Supply Protection District

Districts Where Allowed Districts where the use is allowed by right. : A-1, A-2, A-3, B, CA, I, LI, MV, NB, RB, RC, RCR, RR, W

Development Requirements:
Scope of authority. The Water Supply Protection District is an overlay district superimposed on the zoning district. This overlay district shall apply to all new construction, reconstruction, and expansion of existing buildings and new or expanded uses. Applicable activities or uses which fall within the Water Supply Protection District must comply with the requirements of this district as well as with the underlying zoning. Uses that are prohibited in the underlying zoning district shall not be permitted in the Water Supply Protection District.

Defintions. See § 650-24C.
Establishment of district. See § 650-24D for details.

Prohibitions.

(1) The following uses are prohibited within all zones of the Water Supply Protection District: see § 650-24E(1) for a complete list.
(2) The following uses are prohibited within Zone A of the Water Supply Protection District but may be permitted by special permit in Zone B: see § 650-24E(2) for a complete list.
(3) The following uses are prohibited within Zone A of the Water Supply Protection District but permitted in Zone B with site plan approval: see § 650-24E(3) for details.

Criteria for site design. In addition to the criteria specified in Chapter 270, Building and Site Development, the Site Plan Review Committee shall consider the following criteria for projects proposed within the Water Supply Protection District. The following criteria will also be considered, to the extent practicable, for redevelopment projects proposed within the WSPD.

Adverse impact on water supply. The project will not have an adverse impact on the water supply. The project shall conform to the DEP Stormwater Management Policy as the applicable design criteria to limit adverse impact to the water supply. An environmental impact analysis of preconstruction and post-construction pollutant loading estimates into the water supply may be required.

Impervious area.

(a) Maximum total lot coverage.

[1] Business Zone: 70%.
[2] Limited Industrial Zone: 53%.
[3] Industrial Zone: 53%.
[4] Residential Zone: 30%.

(b) When an existing developed lot with impervious area exceeding the requirements of Subsection (2)(a) above is proposed for redevelopment, the impervious area shall be reduced by a minimum of 10% or conform to the requirements of Subsection (2)(a), whichever reduces the impervious surface area less.

Hazardous materials. A complete list of chemicals, pesticides, fertilizers, fuels and other potentially hazardous materials to be used or stored on the premises in quantities greater than those associated with normal household use shall be provided with the special permit submission. Protection against toxic or hazardous material discharge or loss through corrosion, accidental damage, spillage or vandalism shall be provided. Such protection shall include provisions for spill control in the vicinity of chemical or fuel delivery points and shall include secure storage provisions for corrodible or dissolvable materials. Secondary containment structures must be provided which are large enough to contain the volume of the containers total storage capacity per local Fire Department requirements.

Fill. Fill material used in the Water Supply Protection District shall contain no solid waste, toxic or hazardous materials, or hazardous waste. Adequate documentation shall be provided to ensure suitable condition of the fill. The Building Commissioner may require soil testing by a certified laboratory prior to the issuance of a building permit.

Monitoring. Periodic monitoring may be required by the Site Plan Review Committee and/or the Planning Board when the site location and land use activities indicate a significant risk of contamination to the water supply based upon recommendations of the City Engineer, Board of Health, Conservation Commission and/or the Water Division. Such monitoring may include analyses of water for appropriate substances and the installation of groundwater-monitoring wells appropriately constructed and located.

Fifty-foot wetland buffer zone. No disturbance of the ground surface or development within 50 feet of a wetland resource area defined under MGL c. 131, § 40, (except the floodplain and isolated land subject to flooding) shall be permitted. Development shall mean any clearing, grading, earthmoving or construction of any kind.

(a) Notwithstanding the foregoing, in existing developed areas which are being redeveloped, and where a pervious buffer zone does not already exist, a fifty-foot vegetated buffer zone shall be created to provide buffering around the wetland resource area. Where this is not reasonably attainable, the maximum buffer zone possible will be provided, but in no case shall it be less than 20 feet.

(b) Notwithstanding the foregoing, wetland filling shall only be allowed after an alternatives analysis is provided and no other access or configuration is reasonably possible. Any wetland filling shall create the least environmental impact. In such events, the wetlands replication shall be 1 1/2 times the amount of wetlands to be filled. The new replication area shall also have a minimum of a fifty-foot buffer zone established around it.

Small lots. The provisions of Subsection F(2)(a) and (b) shall not apply to a small lot or a group of small lots which, when combined into one lot, does not exceed three acres in size.

See § 650-24: Water Supply Protection District. for complete, detailed information.

Water towers, reservoirs

Wholesale office or showroom

SALESROOM
A building or part of a building for retail or wholesale display and/or sale.

Wholesale sale and warehousing

WHOLESALE SALE
The sale of goods in large quantities.

SALESROOM
A building or part of a building for retail or wholesale display and/or sale.

WAREHOUSE
A building used primarily for the storage of goods and material.

Winery, brewery, or distillery with tasting room

A facility licensed under, respectively, MGL c. 138, §§ 19B, 19C and 19E, and which is located in a building where the primary use is for the production and distribution of vinous, malt, or spirituous beverages, with the option of a tasting room. Any such facility may provide, either for a fee or at no charge and limited in size as set forth in MGL c. 138, samples of beverages it manufactures on its premises and for this purpose shall have a Commonwealth of Massachusetts issued Farmer Series Pouring Permit. The facility may host marketing events, special events, and/or factory tours. The facility may only sell beverages produced by, and commercial goods branded by, the winery, brewery, or distillery. The facility may sell permitted beverages to consumers for consumption off premises. The facility may have a restaurant or serve food prepared on site, but shall comply with all applicable Board of Health requirements for kitchens and common victualler licenses; provided, however, that in such a case only beer, spirit or wine products manufactured by the facility, and none by other manufacturers, may be sold, unless an on-premises pouring license has been obtained under MGL c. 138, § 12. Nothing contained herein shall prohibit the facility from having a bring-your-own-food policy.

Wireless communications facilities

Any and all materials, equipment, storage structures, towers, dishes and antennas, other than customer premises equipment, used by a commercial telecommunications carrier to provide telecommunications services. This definition does not include facilities used by a federally licensed amateur radio operator or facilities which are accessory to the use of a business or building and are for the exclusive use of the owner of the building or the tenant.

Development Requirements:
(1) Any proposed tower must be of the minimum height necessary to accommodate the use and in any event shall not be more than 190 feet in height, notwithstanding any other provisions to the contrary of this chapter.

(2) The applicant shall arrange to fly a balloon of at least three feet in diameter at the maximum height of the proposed tower at least once before the first public hearing. The date, time and location of the flight shall be advertised by the applicant at least 14 days, but not more than 21 days, before the flight in a newspaper of general circulation in the City.

(3) Visual impacts of towers and communications devices must be minimized by use of appropriate paint and/or screening.

(4) Applicants must, as part of their application for a special permit for a tower, submit evidence from the Federal Aviation Administration (FAA) demonstrating that said FAA has studied and approved the proposed tower and its location. If lighting is required by the FAA, the provisions of Subsection (12) of this section shall prevail.

(5) The siting of towers shall be such that the view of the tower from other areas of the City shall be as minimal as possible and shall be screened from abutters and residential neighbors to the extent feasible.

(6) Shared use of towers by commercial telecommunications carriers is required unless such shared use is shown by substantial evidence to be not feasible.

(7) All towers shall be designed to accommodate the maximum number of presently interested users which is technologically practical. If the number of interested users is less than five, the applicant shall submit substantial evidence to support such an assertion. All towers shall be designed so that, if additional users require said location, the existing tower can be expanded or replaced with the minimum of technical difficulty and disturbance to neighbors and shall be subject to the obligation of the applicant to cause or allow such expansion or replacement on terms that are commercially reasonable to the additional users at any time following the granting of the initial special permit.

(8) Every tower must be set back from the property line of the lot on which it is located or from a point beyond said lot line but extending only over land for which written permission has been received for a distance at least equal to the height of the tower. For any land held by any person or entity other than the United States, the Commonwealth of Massachusetts, or an agency or political subdivision thereof, said written permission shall be evidenced by an easement covering the area in question and recorded in the South Middlesex Registry of Deeds or South Middlesex Land Registration Office.

(9) No portion of communications devices located on a building shall exceed 15 in height above the roofline of the building.

(10) Communications devices shall be situated on or attached to a building or structure in such a manner that they are screened whenever possible, shall be painted or otherwise colored to minimize their visibility, and shall be integrated into such structures or buildings in a manner that blends with the structure or building. Freestanding antennas or dishes shall be landscaped, screened and painted in a manner so as to minimize visibility from abutting streets and residents.

(11) Fencing shall be provided to control access to all WCFs which include towers.

(12) All towers must comply with all Federal Aviation Administration rules and regulations. Notwithstanding the requirement to comply with rules and regulations, any tower that would be required to install flashing lights or strobe lighting shall not be permitted.

(13) All towers shall be at least 150 feet from existing residential buildings.

(14) Accessory buildings and or storage sheds shall not exceed two stories in height; no more than 300 square feet in floor area shall be available for each user; any buildings or storage sheds added to a site must be attached to and abut the original building or storage shed and must be compatible in appearance.

(15) The maximum amount of vegetation shall be preserved.

See § 650-25: Wireless communications facilities for complete, detailed information.

Yard sales, charitable sales bazaars

Districts Where Allowed Districts where the use is allowed by right. : A-1, A-2, A-3, B, CA, I, LI, MV, NB, RB, RC, RCR, RR, W

Vehicle Parking:
One parking space, 350 square feet, for each 100 square feet of public floor space or area.
See § 650-48: Off-street parking for more detailed information.

Development Requirements:
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.

City of Marlborough, MA

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