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CITY OF PITTSFIELD ZONING ORDINANCE Updated November 2008 ZONING MAP AMENDMENTS UPDATED LIST NOVEMBER 2008 ORDINANCE YEAR NO. FILE NO. LOCATION ADOPTED 203 72-73-4 EAST STREET (NET GARAGE) 1973 231 74-75-1 BD DISTRICT EXPANSION 1975 242 74-75-3 KITTREDGE ROAD (R12 ADJUST) 1975 267 75-76-2 COLUMBUS AVENUE (CWS TO RM) 1976 275 75-76-3 YORKSHIRE AVENUE (R12 TO BC) 1976 285 76-77-1 BURKE AVENUE (R20 TO R6) 1977 299 76-77-4 FENN STREET (RM TO BG) 1978 316 77-78-5 WEST HOUSATONIC ST. 1978 360 78-79-1 FIRST STREET 1979 363 78-79-3 MILL STREET 1979 395 79-80-7 WAHCONAH STREET (CWS) 1981 396 79-80-9 MOUNTAIN DRIVE (R43 TO R20) 1981 397 80-81-1 SOUTH STREET (LIPTON) 1981 402 80-81-2 SOUTH STREET (R43 TO IL) 1982 419 81-82-3 PONTOOSUC SCHOOL (RM TO IL) 1982 428 81-82-6 DAWES SCHOOL (R6 TO BG) 1982 427 81-82-7 LANDERGREN (BC TO IL) 1982 430 81-82-8 OLD COLONY-WAHCONAH STREET (RM TO BC) 1982 442 82-83-2 MILL STREET (R6 TO CWS) 1983 448 82-83-5 SOUTH STREET - GEARY CORPORATION (LDI) 1983 461 82-83-6 AIRPORT ZONING (LDI) 1983 474 83-84-1 CRANE SCHOOL (R6 TO RM) 1983 491 83-84-3 TURNER AVENUE (RM TO CWS) 1984 492 83-84-5 PECKS ROAD (R6/R12 TO BG) 1984 521 84-85-5 BARKER ROAD (R43 TO DIDD) 1985 512 84-85-6 FOURTH STREET (CWS TO IL) 1985 516 84-85-7 FEDERICO OFFICE PARK (R12 TO LDI) 1985 520 85-86-3 BARTLETT SCHOOL (R6 TO RM) 1985 SANTA MARIA STREET & HUNGERFORD STREET 557 85-86-4 (IG TO R6) 1985 536 85-86-10 STEVENSON-MCARTHUR (R20 TO RM) 1986 541 85-86-12 EAST ACRES ROAD (R20 TO RG) 1986 550 85-86-13 ST. CHARLES SCHOOL (R6 TO RM) 1986 ORDINANCE YEAR NO. FILE NO. LOCATION ADOPTED 557 86-87-1 SOUTH STREET (GEARY) (R43 TO LDI) 1986 552 86-87-2 POMEROY SCHOOL (R6 TO RM) 1986 562 86-87-4 CENTER STREET (RM TO BG) 1986 570 86-87-6 SOUTH STREET (R43 TO IL) 1987 576 86-87-7 ALBRO-COLUMBUS AVE.(R6 TO RM) 1987 589 86-87-10 DAN FOX DRIVE (IL TO LDI) 1987 592 86-87-14 SOUTH STREET (R20 TO RM) 1987 594 86/87-15 LEBANON AVENUE (R20 & R12 TO IL) 1987 595 87/88-1 CHESHIRE ROAD (IL TO IG) 1987 600 87-88-2 WEST HOUSATONIC STREET (R12 TO BG) 1988 608 87-88-5 LEBANON AVENUE (R20 TO R12) 1988 612 87-88-6 TAMARACK ROAD (R43 TO LDI) 1988 641 88-89-2 WEST HOUSATONIC STREET (R12 TO BG) 1989 640 88-89-5 GAMWELL AVENUE (RM TO R12) 1989 639 88-89-6 BARKER ROAD (R6 TO R12) 1989 538 88-89-7 CLARK AVENUE (IL TO R6) 1989 642 88-89-9 BARKER ROAD (IG TO R12) 1989 654 88-89-12 WAHCONAH STREET (RM TO BG) 1989 647 89-90-1 BMC (RM TO BG) 1989 646 89-90-3 PECKS ROAD (R12 TO BG) 1989 669 90-91-2 PONTOOSUC/LENOX AVE. (RM TO R6) 1990 684 90-91-6 HUBBARD AVENUE (R12 TO IL) 1991 703 91-92-1 DAN FOX DRIVE (LDI TO BG) 1992 713 91-92-3 TAMARACK ROAD (LDI TO R43) 1992 725 92-93-2 DALTON AVENUE PLAZA (R12 TO BC) 1992 SOUTH STREET/DAN FOX DRIVE 740 93-94-1 (R12/R43/IL/BG TO LDI) 1993 752 94-94-4 WEST HOUSATONIC STREET (RM TO R43) 1994 783 94-95-3 WEST HOUSATONIC STREET (BC TO R12) 1995 WEST HOUSATONIC STREET STEARNSVILLE 789 94-95-5 BUSINESS PARK (R6/R20/IG TO LDI) 1995 824 96-97-2 CHESHIRE ROAD (PETRICCA)(R20 TO LDI) 1997 839 97-98-3 MEADOW RIDGE DRIVE(R43 TO R20) 1998 DALTON AVENUE (PITTSFIELD CO-OP BANK) 854 98-99-4 (RM & CWS TO BG) 1999 855 98-99-5 CHATHAM STREET(IL TO RM) 1999 ORDINANCE YEAR NO. FILE NO. LOCATION ADOPTED 862 99-00-3 FREDERICO DRIVE(RG-LDI) 1999 890 00-01-2 CLOVERDALE STREET(IL TO R20) 2001 895 01-02-2 BARKER ROAD(DIDD TO R43) 2002 899 01-02-5 JONES AVENUE(BG TO R12) 2002 SOUTH STREET AT DAN FOX DRIVE 910 02-03-2 (IL TO BG) 2003 933 04-05-1 FIRST STREET (RM TO BG) 2004 935 04-04-3 COLTSVILLE (BC TO BG) 2004 939 04-05-5 NORTH STREET (R6 TO BN) 2005 959 04-05-8 (LDI TO BG)VE & SOUTH STREET 2005 DAN FOX DRIVE AND ALPINE DRIVE 974 05-06-2 (LDI TO R-43) 2006 986 05-06-6 (IG TO R20) (1745-1749, 1755 & 1769) 2006 995 06-07-3 GAMWELL AVENUE (IL & RM TO RM) 2007 998 06-07-5 SOUTH STREET (REAR OF 877)(LDI TO R43) 2007 1006 07-08-2 WAHCONAH STREET (CWS TO BG) 2007 1008 07-08-3 SOUTH MOUNTAIN ROAD (LDI TO R43) 2007 CHESHIRE ROAD & PARTRIDGE ROAD 1009 07-08-1 (PETRICCA)(R20 TO LDI) 2007 WEST HOUSATONIC STREET & HUNGERFORD 1018 07-08-5 STREET (R12 TO BG) 2008 AMENDMENTS TO THE TEXT OF THE ZONING ORDINANCE As of November 2008 Ordinance Year Description of Amendment Number Adopted SECTION 2.2 – GLOSSARY Day Care Services Ord. # 425 1982 Lot Frontage Ord. # 425 1982 Group Homes Ord. # 489 1984 Institutional Uses Ord. # 489 1984 Hospitals & Sanatoriums Ord. # 647 1989 Governmental Archives Ord. # 712 1992 DELETE “Sign”, “Sign, Area Of”, “Sign, Number Of”, “Sign, Type of” Ord. # 786 1995 Billboards Ord. # 786 1995 Assisted Living Residence Ord. # 791 1995 Animal Shelter Ord. # 861 1999 Time Share Ord. # 912 2003 Delete "tourist home" from definition of "Tourist homes, rooming or lodging homes" and add Bed-and-Breakfast Home, Tourist Home Ord. # 913 2003 Waste Transfer Station Ord. # 925 2004 Add definitions of "adult bookstore," "adult entertainment establishment," "adult live entertainment establishment," "adult motion picture theater," "adult paraphernalia store," "adult video store" and "substantial or significant portion of stock" Ord. # 936 2004 Add definitions of "access/curb cuts" and "access management" Ord. # 958 2005 Add definitions of "accessory apartment,” “affordable units,” “artist and/or creative services live/work units,” “creative services,” “phased development,” “specialty artistic manufacturing” and amend existing definition “town house” Ord. # 960 2005 Add definition of "hospice house" Ord. # 1000 2007 Amend definitions of “affordable units,” “phased development,” “specialty artistic manufacturing” and “town house” Ord. # 1021 2008 SECTION 3.104 - SPECIAL DISTRICTS Limited Industrial District (LDI) Ord. # 439 1983 Neighborhood Business District (B-N) Ord. # 938 2005 Dan Fox Drive Corridor District (D-F-C) Ord. # 958 2005 Downtown Arts Overlay District (D-A) Ord. # 960 2005 Smart Growth Overlay District (S-G-O-D) Ord. # 1019 2008 Ordinance Year Description of Amendment Number Adopted SECTION 3.213 L-D-I LIMITED INDUSTRIAL Limited Industrial District (LDI) Ord. # 439 1983 SECTION 3.214 B-N NEIGHBORHOOD BUSINESS Neighborhood Business District (B-N) Ord. # 938 2005 SECTION 3.215 S-G-O-D SMART GROWTH OVERLAY Smart Growth Overlay District (S-G-O-D) Ord. # 1019 2008 SECTION 3.216 D-A DOWNTOWN ARTS OVERLAY DISTRICT Downtown Arts Overlay District (D-A) Ord. #1021 2008 SECTION 4.202 - TABLE OF PRINCIPAL PERMITTED USES Churches, Temples or other places of Worship - BR - LDI zone Ord. # 437 1983 Educational Uses – SR - LDI zone Ord. # 437 1983 Administrative Office devoted to single use – BR – LDI zone Ord. # 437 1983 General Business or Professional Offices – BR LDI zone Ord. # 437 1983 Planned Office Uses - BR - LDI zone Ord. # 437 1983 Airports or Heliports - SP - LDI zone Ord. # 437 1983 Public/Quasi Public Utilities - SP - LDI zone Ord. # 437 1983 Telephone Exchanges or Similar Structures SP - LDI zone Ord. # 437 1983 Television or Radio Broadcasting Studios - BR LDI zone Ord. # 437 1983 Terminals, Trucks, Rail or Freight - SP LDI zone Ord. # 437 1983 Baking, Bottling, or Dairy Processing Plants – BR - LDI Zone Ord. # 437 1983 Food Processing - BR - LDI zone Ord. # 437 1983 Freezer and Ice Plants - BR - LDI zone Ord. # 437 1983 Laboratories: Analytical, Experimental, Testing or Industrial Processing - BR - LDI zone Ord. # 437 1983 Manufacturing, Processing or Fabrication: Unlisted uses, any unlisted manufacturing processing or fabrication or any product of any material - SR - LDI zone Ord. # 437 1983 Ordinance Year Description of Amendment Number Adopted Listed Uses: Manufacturing or processing of textiles, electrical components; fabrication of wood, leather, paper, water, or plastic products; fabrication or assembly of products from previously prepared materials - BR - LDI zone Ord. # 437 1983 Printing Plants - BR - LDI zone Ord. # 437 1983 Shops for building trades and similar uses; shops and yards for builders, contractors, carpenters, electricians, masons, plumbers, etc., woodworking, sheet metal, upholstering, appliance repair, or machine shops - BR - LDI zone Ord. # 437 1983 Steam Laundries or Dry Cleaning Plants - BR - LDI zone Ord. # 437 1983 Storage Warehouse and Yards - SP - LDI zone Ord. # 437 1983 Wholesale or Jobbing Establishments - BR - LDI zone Ord. # 437 1983 Camps: Private Camps -SP - R43, R20, R12, R6 zones Ord. # 509 1985 Retail Sales of propane and liquified petroleum gas from a bulk storage tank (in which the volume does not exceed 1,000 gallons (3,785 liters) and 150 pounds per square in pressure) - BR - CWS, IL, IG zones Ord. # 527 1985 Retail Sales of propane and liquified petroleum gas from a bulk storage tank (in which the volume does not exceed 1,000 gallons (3,785 liters) and 150 pounds per square in pressure) – SP – B-C, B-G, B-D Ord. # 863 1999 Car Washes - SP – BG, CWS, IL, IG zones Ord. # 534 1986 Hospitals or Sanatoriums - SR - BG zone Ord. # 647 1989 General Business or Professional - SP - IG zone Ord. # 656 1990 Governmental Archives - SP - R43, R20, R12, RG zones Ord. # 712 1992 Governmental Archives - BR - BG, BC, BD, CWS, IL, IG, LDI Ord. # 712 1992 General Business or Professional Offices - SP - IL, IG zones Ord. # 721 1992 Charitable, welfare or health centers or institutions or day care services for children - SP - R43, R20, R12, R6, RG, RM, BG, BD, CWS, IL, IG zones Ord. # 732 1993 Offices, General business or Professional, Banks, Real Estate or Insurance, Drive-In, Drive-Up or Drive Through - SP - BC, BG, BD, CWS, IL, IG, LDI zones Ord. # 769 1994 Eating Establishments - Drive-In, Drive-UP, Drive Through - SP, BC, BD, BG, CWS, IL, IG Ord. # 768 1994 Ordinance Year Description of Amendment Number Adopted Retail Sales & Services - Drive-In, Drive-Up, Drive-Through, SP, BC, BG, BD, CWS, IL, IG zones Ord. # 768 1994 Assisted Living Residences - SP, R43, R20, R12, R6, RG, RM, BG, BD zones Ord. # 791 1995 Automotive sales lots and showrooms - BR - BC, BG, CWS, IL, IG Ord. # 865 2000 Used car lots - BR - BG, CWS, IL, IG Ord. # 898 2002 Theaters: movie theaters or theaters for the performing arts - BR - BC, BG, BD Ord. # 906 2002 Rooming / lodging house - BR - RM, BG Bed-and-breakfast, tourist homes - BR - RM, BG Bed-and-breakfast, tourist homes - SP - R6 Ord. # 913 2003 Parks and playgrounds - BR - all districts Ord. # 923 2004 Waste transfer station - SP - IL, IG, LDI Ord. # 925 2004 Adult entertainment establishments - SP - IL Ord. # 936 2004 Added B-N District column to table, various permitted uses in certain use groups Ord. # 938 2005 Allow manufacturing/processing of listed uses such as plastics - SP - CWS Ord. # 979 2006 Flexible development - SP - R-42, R-20, R-12, R-6, R-G, R-M, B-G,B-D, B-N, D-A, C-W-S Ord. # 988 2007 Hospice houses - SP - R-43 Ord. # 1000 2007 SECTION 4.203 - SCHEDULE OF INTENSITY REGULATIONS Limited Industrial District (LDI) Ord. # 575 1983 Strike the section in its entirety and replace Ord. # 894 2001 Add Neighborhood Business District (B-N) Ord. # 938 2005 SECTION 4.302 - BUILDING OR STRUCTURES TO HAVE ACCESS ON STREETS New Section Ord. # 587 1987 SECTION 4.304 - FRONT YARDS Subsection B – Landscaping in IL and LDI Districts Ord. # 437 1983 SECTION 4.306 - PROJECTIONS INTO YARDS Subsection F Ord # 423 1982 Add new Subsection F Ord # 885 2001 Amend Subsection F Ord # 920 2003 Ordinance Year Description of Amendment Number Adopted SECTION 4.307 – CORNER LOT VARIATION New Section Ord # 864 2000 SECTION 4.309 - SCREENING REGULATIONS Subsection A2 Ord # 423 1982 SECTION 4.310 - REGULATIONS PERTAINING TO REMOVAL OF EARTH MATERIALS Manufacturing, Processing or Fabrication: Unlisted uses, any unlisted manufacturing processing or fabrication or any product of any material - SR - LDI zone Ord # 747 1994 SECTION 4.311 - REGULATIONS PERTAINING TO THE PARKING, STORING OR USE OF MAJOR RECREATIONAL OR COMMERCIAL EQUIPMENT OR VEHICLES IN RESIDENCE DISTRICTS. Entire New Section Ord # 817 1997 SECTION 4.313 - CONVERSIONS Include B-N District Ord # 938 2005 SECTION 4.314 - TRANSITION REQUIREMENTS Lot abutting upon residence district Ord # 564 1987 Access through L-D-I District for use in R-43 District Ord. # 999 2007 SECTION 4.317 - RADIOACTIVE WASTE DISPOSAL FACILITIES New Section Ord. # 486 1981 SECTION 4.318 - REQUIREMENTS FOR LOTS ON LEGALLY EXISTING WAYS AS SHOWN ON PLANS PREPARED AND RECORDED PRIOR TO THE JULY 4, 1953 ENACTMENT OF THE SUBDIVISION CONTROL LAW MGL CH. 41, SECTION 81K-81GG New Section Ord. # 587 1987 Changed section number Ord. # 840 1998 SECTION 4.319 - REGULATIONS PERTAINING TO MEDICAL AND/OR HAZARDOUS WASTE New Section Ord. # 685 1991 SECTION 4-320 – D-A DOWNTOWN ARTS OVERLAY DISTRICT New Section Ord. # 960 2005 Revised entire section Ord. #1021 2008 SECTION 4-321 – S-G-O-D SMART GROWTH OVERLAY DISTRICT New Section Ord. # 1019 2008 Ordinance Year Description of Amendment Number Adopted SECTION 4-330 – D-F-C DAN FOX CORRIDOR DISTRICT New Section Ord. # 958 2005 SECTION 5 Section deleted in its entirety Ord. # 992 2007 SECTION 6.1 - PURPOSE Subsection A Ord. # 495 1984 SECTION 6.501 Restrictions & Conditions Ord. # 495 1984 SECTION 6.507 - POST-CONSTRUCTION ELEVATION/FLOOR PROOFING CERTIFICATE Revised entire section Ord. # 495 1984 SECTION 7.710 Section removed, see Section 7.836 Ord. # 534 1986 SECTION 7.715 - DWELLINGS, MULTI-FAMILY REQUIREMENTS Revised entire section Ord. # 655 1990 Subsection 4 amended to include B-N District Ord. # 938 2005 SECTION 7.717 - TERMINALS, TRUCK, RAIL OR FREIGHT REQUIREMENTS Subsection B Ord. # 438 1983 Subsection A-2 Ord. # 667 1990 SECTION 7.719 - HOSPITALS OR SANATORIUMS REQUIREMENTS Subsections K - L Ord. # 647 1989 SECTION 7.733 - GROUP HOMES Revised entire section Ord. # 489 1984 SECTION 7.733 - GROUP HOMES Deletion of Subsection I Ord. # 821 1997 SECTION 7.815 - CAMPS, PRIVATE, REQUIREMENTS Revised entire section Ord. # 509 1985 SECTION 7.831 – RESIDENTIAL DEVELOPMENT IN THE D-A DISTRICT Add new section Ord. # 960 2005 Revised entire section Ord. #1021 2008 SECTION 7.835 - STORAGE, WAREHOUSES & YARDS Revised entire section Ord. # 438 1983 Ordinance Year Description of Amendment Number Adopted SECTION 7.836 - AUTO CAR WASH REQUIREMENTS Revised entire section Ord. # 534 1986 SECTION 7.837 - OFFICE USE, GENERAL BUSINESS OR PROFESSIONAL USE IN AN IG DISTRICT Add new section Ord. # 656 1990 SECTION 7.838 - GOVERNMENTAL ARCHIVES IN R-43, R-20, R-12, R-G, REQUIREMENTS Add new section Ord. # 712 1992 SECTION 7.839 - EATING ESTABLISHMENTS, DRIVE- IN, DRIVE-UP, DRIVE-THROUGH, REQUIREMENTS Add new section Ord. # 768 1994 Amended Subsections C and D(2) Ord. # 892 2001 Added Subsection F Ord. # 954 2005 SECTION 7.840 - RETAIL SALES AND SERVICE, DRIVE-IN, DRIVE-UP, DRIVE-THROUGH, REQUIREMENTS Add new section Ord. # 768 1994 Amended Subsections C and D(2) Ord. # 892 2001 Added Subsection F Ord. # 954 2005 SECTION 7.841 - OFFICES, GENERAL BUSINESS OR PROFESSIONAL, BANKING, REAL ESTATE OR INSURANCE, DRIVE-IN, DRIVE-UP, DRIVE-THROUGH, REQUIREMENTS Add new section Ord. # 768 1994 Amended Subsections C and D(2) Ord. # 892 2001 Added Subsection F Ord. # 954 2005 SECTION 7.842 - ASSISTED LIVING RESIDENCE, REQUIREMENTS Add new section Ord. # 791 1995 SECTION 7.843 – RETAIL SALES OF PROPANE AND LIQUEFIED PETROLEUM Add new section Ord. # 863 1999 SECTION 7.844 – TOURIST HOMES, BED-AND- BREAKFAST HOMES Add new section Ord. # 913 2003 SECTION 7.846 – WASTE TRANSFER STATION Add new section Ord. # 925 2004 SECTION 7.847 – ADULT ENTERTAINMENT ESTABLISHMENTS Add new section Ord. # 936 2004 Amended Subsection E(1) Ord. # 969 2005 Ordinance Year Description of Amendment Number Adopted SECTION 7.848 - FLEXIBLE DEVELOPMENT Add new section Ord. # 988 2007 SECTION 7.849 - HOSPICE HOUSE REQUIREMENTS Add new section Ord. # 1000 2007 SECTION 9.101 - RESTRICTIONS, ACCESSORY BUILDINGS OR USE Subsection F Ord. # 424 1982 Subsection G Ord. # 897 2002 SECTION 9.206 - DISH ANTENNAS Revised entire section Ord. # 477 1984 SECTION 9.3 - HOME OCCUPATIONS Revised entire section Ord. # 788 1995 SECTION 9.301 - PERMITTED HOME OCCUPATIONS Subsection B Ord. # 424 1982 SECTION 9.301 - PERMITTED HOME OCCUPATIONS Revised entire section Ord. # 788 1995 SECTION 9.302 - REQUIREMENTS - HOME OCCUPATIONS Subsection C Ord. # 424 1982 SECTION 9.302 - REQUIREMENTS - HOME OCCUPATIONS Revised entire section Ord. # 788 1995 SECTION 9.405 - SIGNS IN BUSINESS AND INDUSTRIAL DISTRICTS Subsection C Ord. # 436 1982 SECTIONS 9.4, 9.401, 9.402, 9.403, 9.404, 9.405 Ord. # 786 1995 Deleted and taken out of zoning (all pertaining to signs) SECTION 10.110 - COMPUTING, REQUIREMENTS Subsection F Ord. # 422 1982 Subsection F Ord. # 835 1999 SECTION 10.111 - TABLE OF OFF STREET PARKING REQUIREMENTS Add Assisted Living Residence Ord. # 791 1995 Add Bed-and-Breakfast Home / Tourist Home Ord. # 913 2003 Add Waste Transfer Station Ord. # 925 2004 Add Adult Entertainment Establishments Ord. # 936 2004 Add Hospice House Ord. # 1000 2007 Ordinance Year Description of Amendment Number Adopted SECTION 10.208 - OFF STREET LOADING REQUIREMENTS Add Subsection C Ord. # 791 1995 AND/OR DESIGN STANDARDSCATION OF REQUIREMENTS Added new section Ord. # 853 1999 SECTIONS 10.3, 10.301, 10.302 Deleted - Ordinance # 768, 1994 SECTION 12.6 - CRIMINAL PENALTIES Revised entire section Ord. # 663 1990 Revised entire section Ord. # 672 1991 SECTION 12.7 - NON-CRIMINAL PENALTIES Revised entire section Ord. # 672 1991 SECTION 12.8 - SCHEDULE OF FEES, CHARGES AND EXPENSES Revised entire section Ord. # 672 1991 CITY OF PITTSFIELD In the Year One Thousand Nine Hundred and Seventy Three AN ORDINANCE Repealing the Present Zoning Ordinance and Substituting Therefore a New Zoning Ordinance. Be it ordained by the City Council of the City of Pittsfield, as follows: Section 1: That the Pittsfield City Code, Chapter 23, as amended, by and hereby is further amended by striking out said Chapter 23, as amended, and by substituting therefore a new Chapter entitled "Zoning", a copy of which is attached hereto and made a part hereof. Section 2: This ordinance shall take effect upon enactment. Approved as to Form and Legality, February 16, 1973 SAMUEL LANDA City Solicitor Includes All Amendments Through the Last Following Date: March 1989 October 1994 March 2003 November 1989 July 1995 October 2004 January 1990 October 1995 March 2005 July 1991 July 1996 December 2007 December 1991 February 1997 September 2008 September 1992 March 1997 November 2008 November 1993 March 1999 February 1994 February 2001 ARTICLE 23 TABLE OF CONTENTS CHAPTER 23 ZONING Article 23-1 PURPOSE 1-1 Arti2cle2 DEFINITIONS 2-1 Section Glossary 2-1 Article 23-3 ZONDINGTRICTS 3-1 Section Establishment of Districts 3-1 3.R101idencetricts 3-1 3.B102inesstricts 3-1 3.I103ustrialtricts 3-1 3.S104cialtricts 3-1 Section 3.2 Purpose of Specific Zoning Districts 3-1 3.201 R-43 Low Density One-Family Residence 3-1 3.R-20-FamRilyidence 3-1 3.R-12-FamRilyidence 3-1 3.204 R-6 One and Two-Family Residence 3-2 3.205 R-G Medium Density Multi-Family Residence 3-2 3.206 R-M High Density Multi-Family Residence 3-2 3.B-Cupediness 3-2 3.B-Geraliness 3-2 3.B-Dntowniness 3-2 3.210 C-W-S Commercial, Warehousing and Storage 3-2 3.IInhtustrial 3-2 3.I-Geralustrial 3-2 3.L2D-mIteddustrial 3-3 3.B-NghborhBoodiness 3-3 3.S215-Oarowthrlay 3-3 3.216 D-A Downtown Arts Overlay District 3-3 Section 3.3 District Boundary Lines, Official Zoning Map 3-3 3.301 Official Map Filed Office of Building Inspector 3-3 3.A302ndmenticial 3-3 Section 3.4 Rules for Interpretation of District Boundaries 3-3 3.401 3-3 3.to07 3-4 Article 23-4 DISTRRICTULATIONS 4-1 Section Application of District Regulations 4-1 4.to03 4-1 i Section D4.2trictulations 4-1 4.S20Ueguleations 4-1 4.202 Table of Principal Permitted Uses 4-3 4.203 Schedule of Intensity Regulations 4-13 Section 4.3 Supplementary District Regulations 4-13 4.301 Erection of More Than One Principal Building 4-13 Loa on 4.302 Building or Structure to Have Access on Streets 4-15 4.303 Exception to Height Regulations 4-16 4.F3onrtds 4-16 4.RExcdeptions 4-16 4.P306jectiYarods 4-16 4.C3Vaotiation 4-17 4.308 Visibility at Intersection 4-17 4.S309eeningulations 4-17 4.310 Regulations Pertaining to Removal of Earth 4-18 Materials 4.311 Regulations Pertaining to the Parking, Storing 4-20 or Use of Major Recreational or Commercial Equipment or Vehicles in Residence Districts 4.312 Regulations Pertaining to Mobile Homes 4-21 4.C313versions 4-22 4.T314nsitionuirements 4-22 4.P315formancendards 4-23 4.T316porarys 4-26 4.317 Radioactive Waste Disposal Facilities 4-26 4.318 Requirements for Lots on Legally Existing Ways 4-26 Recorded Prior to the July 4, 1953 Enactment of the Subdivision Control Law, Section 81-K-81-GG 4.319 Regulations Pertaining to Medical and/or 4-27 HazardWouste 4.320 D-A Downtown Arts Overlay District 4-30 4.321 S-G-O-D Smart Growth Overlay District 4-32 4.330 D-F-C Dan Fox Corridor District 4-47 Article 23-5 DELETED 5-1 Article 23-6 FLOODPLAIN DISTRICT 6-1 SecPurpose 6-1 Section D6.2trictineation 6-1 Section D6.3initions 6-2 Section 6.4 PermitU teds 6-2 Section 6.5 Restrictions, Conditions and Procedures 6-2 6.501 6-2 6.to03 6-3 6.to06 6-4 ii 6.507 Post-Construction Elevation Flood Proofing 6-4 Certificates Section 6.6 Exceptions 6-4 Article 23-7 CONDITIONAL USES (Group SR & SP) 7-1 Sectio1n Purpose 7-1 Section 7.2 Conforma Eandeptions 7-1 Section 7.3 Required Information with Application 7-1 Section 7.4 Location 7-2 Section 7.5 Revision and Waiver of Plans and Requirements 7-2 Section 7.6 Expirat Exndension 7-3 Section 7.7 Conditional Uses Subject to Special 7-3 Requireme(nGtou)p 7.701 Transmittal of Building Permit Application 7-3 7.702 Site Plan Approval by Planning Board 7-3 7.703 Certificate of Occupancy, Conformity with 7-3 Sitaens 7.B711lboardsq,uirements 7-3 7.712 Clubs, Lodges or Associations (Fraternal, 7-4 Social, Recreational, Youth or Veterans Organizations Not Conducted for Profit) 7.D713ve-Inatres,uirements 7-4 7.714 Dwellings, Garden Apartments, Requirements 7-5 7.D715llings,ti-FamRilyuirements 7-7 7.716 Flammable Liquids or Gases, Bulk Storage, Req. 7-10 7.717 Terminals, Truck, Rail, or Freight Requirements 7-10 7.718 Golf Courses, Regular or Par 3, or Golf 7-11 DrivRingges,uirements 7.719 Hospitals or Sanatoriums, Requirements 7-12 7.720 Lumber or Building Material Yards, Requirements 7-12 7.721 Manufacturing, Processing or Fabrication, 7-13 Listed Uses in IL District-Manufacturing or Processing of Foodstuffs, Textiles, Electrical Components, Fabrication of Wood, Leather, Paper, Water or Plastic Products, Fabrication or Assembly of Products from Previously PrepaMrederialsq,uirements 7.722 Manufacturing, Processing or Fabrication of 7-13 any Unlisted Product or Material, Requirements 7.723 Nurseries (Retail), Landscape Gardening or 7-14 GreenhousRees,uirements 7.724 Offices, Administrative, Devoted to Single Use, 7-14 Requirements 7.725 Parking Lot, Commercial, Requirements 7-15 iii 7.726 Planned Office Uses in RM District, 7-15 Requirements 7.727 Riding Stables, Commercial, Requirements 7-16 7.72u8cationRes,uirements 7-16 7.729 Shopping Centers, Plazas, Malls, Requirements 7-17 D(BGtricts) 7.730 Skiing Areas, Commercial, Including the Use 7-17 of Such Area for Recreational Purposes Such as Swimming, Tennis, Health Clubs, Horseback Riding, Chair Lift Rides, and Related Accessory Uses Including Sport Shops, Restaurant and Lodging Facilities, Requirements 7.731 Slaughterhouses or Dressing Plants, 7-18 Requirements 7.732 Agricultural Uses, Involving Livestock Such 7-18 as, but not Limited to, Dairy, Poultry, Stock Farming, Piggeries or Fur Farms, Requirements 7.7Houpes 7-19 7.73imallters 7-19 Section 7.8 Conditional Uses Requiring Special Use Permit 7-21 (Group 7.801 Special Use Permit Issued by Board of Appeal 7-21 7.802 Site Plan Approval by Planning Board 7-21 7.80n3formPlten 7-19 7.804 Additional Requirements for Protection of 7-21 Public 7.811 Airports or Heliports, Requirements 7-21 7.812 Auto Service Stations, Requirements 7-22 7Tersminals,uirements 7-22 7.81m4incgilities,uirements 7-23 7.81mps:vateq,uirements 7-24 7.816 Charitable, Welfare or Health Centers or 7-24 Institutions, or Day Care Services for ChildrRen,uirements 7.817 Clubs, Non-Commercial, Outdoor Recreational, 7-25 Including Outdoor Swimming, Tennis, Sportsmen’s or any Other Non-Commercial Recreational Open Uses of Land Which are Compatible with a Residential Environment, Requirements 7.818 Concrete or Bituminous Concrete Batching 7-25 Plantsq,uirements 7.819 Correctional Institutions, Requirements 7-25 7.82n0dfills,itary,uirements 7-26 7.821 Mobile Home Parks, Requirements 7-27 7.822 Nursing Homes, Type and Requirements 7-29 iv 7.823 Parking Areas in Residence District 7-31 7.824 Public or Quasi-Public Utilities Requirements 7-32 7.825 Quarries, Gravel Pits or Other Extractive 7-33 IndustriRees,uirements 7.S826otingges,uirements 7-35 7.827 Stadiums, Arenas, Race Tracks or Coliseums, 7-36 Requirements 7.828 Telephone Exchanges or Similar Buildings or 7-37 StructurRees,uirements 7.829 Veterinary Hospitals or Kennels, Requirements 7-37 7.830 Wrecking, Salvage or Scrap Metal Yards, 7-38 Requirements 7.831 Residential Development In The Da District 7-38 7.832 Autobody or Paint Shops in a B-G District, 7-40 Requirements 7.833 Shopping Centers, Plazas, Malls, Requirements 7-41 (all zoning districts except B-D) 7.R834identilalteerelopment 7-43 7.S835rageehoYardds 7-46 7.Wasqhuirements 7-46 7.837 Office Uses, General Business or Professional 7-47 in an IL and IG District Requirements 7.838 Governmental Archives in an R43, R20, R12, R6 7-47 DistriRct,uirements 7.839 Eating Establishments, Drive-In, Drive-Up, 7-48 Drive-ThrouR gh,uirements 7.840 Retail Sales & Services, Drive-In, Drive-Up, 7-50 Drive-ThrouR gh,uirements 7.841 Offices, General Business, Professional, 7-52 Banking, Real Estate or Insurance Drive-In, Drive-DUp,ve-ThrouRgh,uirements 7.842 Assisted Living Residence, Requirements 7-55 7.843 Retail Sales of Propane Requirements 7-57 7.844 Tourist Homes; Bed-and-Breakfast Homes 7-57 7.W8srtensfertion 7-58 7.A8unltertainmesntablishments 7-59 7.F848xibleelopment 7-63 7.H849piReseuirements 7-75 Arti2cle8 NON-CONFORMITIES 8-1 Sectio1n Intent 8-1 Section 8.2 Exceptions 8-1 Section 8.3 Requirements for Expansion, Reconstruction 8-1 Choriess 8.301 Reconstruction of Structures Damaged by 8-1 Fire, Explosion or Other Catastrophe v 8.302 Restoration to Assure Public Safety Permitted 8-2 Section 8.4 Abandonment and Non-Use 8-2 Article 23-9 ACCESSUORYS 9-1 Sect9ion Generralvisions 9-1 9.101 Restrictions, Accessory Buildings or Uses 9-1 Section 9.2 PermitA tedessorys 9-2 9.201 Retail Business in a Residence Zone 9-2 9.202 Manufacturing in Business District 9-2 9.203raget,Prorducts 9-2 9.204-HousehAoldmals 9-2 9.205 Scientific Research & Development 9-2 9.Anthennas 9-2 Section HO.meupations 9-3 9.301mitOomeupations 9-3 9.302uiremeHocceupations 9-4 Section 9.4 DELETED (ORD #788, 1995) 9-5 SEE SIGN ORDINANCE UNDER SEPARATE COVER Arti2cleOFF-STRPEETKING 10-1 Section 10.1 Off-StrP eetking 10-1 10.101 Provisions and Maintenance 10-1 10.102 Reduction or Increase When Use Changes 10-1 10.103 Separation From Loading Area 10-1 10.LocPaofkinga 10-1 10.105UnlistedUses 10-1 10.106 Joint Use-Churches, Temples, and Other 10-1 Places of Public Assembly 10.107 Approval of Driveway Location for Business 10-2 Commercial or Industrial Uses 10.108 Design Standards for Parking Area 10-2 10.109 Parking Areas and Required Yards 10-3 10.ComputRinguirements 10-3 10.111 Table of Off-Street Parking Requirements 10-3 Section 10.2 Off-StrL eetding 10-10 10.Provisandntenance 10-10 10.202 Reduction When Use Changes 10-10 10.203 Separation From Parking Areas 10-10 10.Location 10-10 10.205UnlistedUses 10-10 10.206 Approval of Driveway Locations for Business, 10-10 Commercial or Industrial Use 10.207 Design Standards for Loading Areas 10-10 10.Off-StrLeetdinguirements 10-11 10.Jointilities 10-12 vi 10.Mixeds 10-11 10.Exemptions 10-11 10.212 Modifications of Requirements and/or Design 10-12 Standards Section 10.3, 10.301 - 10.302 DELETED (ORD 768-1994) 10-12 Arti2cleAPPEALS 11-1 Section11.1 Membership 11-1 11.AssociaMtedbers 11-1 11.Existippeals 11-1 11.Definition 11-1 Section 1M1.e2Pandcedures 11-1 11.Writtepnlicationuired 11-1 Section 1V1.r3iances 11-1 Section 11.4 Procedure for Application for Variance 11-2 Article 23-12 ADMINISTRATION AND ENFORCEMENT 12-1 Section12.1 Enforcement by Building Inspector 12-1 12.101 Written Notification of Violation 12-1 12.102 Filing or Written Complaints 12-1 Section 1B2.i2ldingmit 12-1 12.201 Application for Building Permit 12-1 12.202 Expiration of Building Permit 12-2 Section 1C2.r3tifOocupancy 12-2 Section 12.4 Construction & Use to be as Provided by 12-2 Application Section 1V2.o5lations 12-3 Section 1C2.i6minalalties 12-3 Section 12.7 Non-CrimiD nalposition 12-3 Section 12.8 Schedule of Fees, Charges and Expenses 12-3 Arti2cleADMINISTRATPIVOECEDURES 13-1 Section13-1 Filing of Application for Amendment 13-1 Section 13-2 Special Permit 13-2 13.201 Special Permit Granting Authority 13-2 13.202 Required Hearing and Notice 13-2 13.203 Review by Other Boards and Agencies 13-2 13.Findinegsuired 13-2 13.205 Conditions, Safeguards and Limitations 13-3 13.206 Decisions and Vote Requirements 13-3 13.207 Expiration of Special Permits 13-3 vii Article 23-14 INTERPRETATION AND VALIDITY 14-1 Section14.1 Provisions of Ordinance Declared to be Minimum 14-1 Requirements Section 14.2tinuance 14-1 Section 14.3 Severability 14-1 Section 14.4 Validation of Prior Permits, Etc. 14-1 Section 14.5 References to Massachusetts Zoning Act 14-1 Article 23-15 ILLUSTRATIONS 15-1 Section15.1 Measurements of Building Heights, Plate 1 15-1 Section 15.2 Measurements of Building Heights, Plate 2 15-2 Section15.3 Spacing of Residential Buildings 15-3 Section15.4 More Than One Principal Building on a Lot 15-4 Section15.5 Exceptions to Minimum Front Yard Regulations 15-4 Section15.6 Corneribility 15-5 Section15.7 Location of Lot Lines and Yards 15-6 Section15.8 Accessorylding 15-7 Appendix Design Standards for the Smart Growth Overlay District (S-G-O-D) viii ARTICLE 23-1 PURPOSE ARTICLE 23-1 PURPOSE SECTION 1.1 The purpose of this ordinance is to promote the health, safety, convenience and welfare of the inhabitants of the City of Pittsfield. In the furtherance of this purpose, regulations and restrictions are designed to lessen congestion in the streets; to prevent overcrowding of the land; to secure safety from fire, panic, and other dangers; to avoid undue concentration of population; to provide adequate light and air; to facilitate the adequate provisions of transportation, water, sewerage, schools, parks and other p ublic requirements; to conserve the value of land and buildings; to encourage the most appropriate use of land throughout the city; to preserve and increas e its amenities and to provide reasonable consideration for the existing character of the various areas of Pittsfield. SECTION 1.2 This ordinance recognizes the public interest in: A. Promoting the stability of existing areas which reflect a healthful and safe environment. B. The eventual elimination of incompatible and nonconforming uses pursuant to law; C. Providing regulations for new development which will assure the establishment of uses which reflect the purpose of this ordinance. SECTION 1.3 Toward these ends this ordinance: A. Divides the City of Pittsfield into zoning districts within which are regulated the use of land and water areas, and the location, erection, structural alteration, bulk, and use of buildings and structures for industrial, business, commercial, residential and other purposes; B. Limits the density of population and established setback requirements, thus providing a basis for planning the public services the district will require, and establishing appropriate standards and development; C. Provides a measure of protection against fire, explosion, noise and pollution of air and water; D. Provides for the proper administration of these regulations. 1-1 ARTICLE 23-2 DEFINITIONS ARTICLE 23-2 DEFINITIONS SECTION 2.1 GENERALLY The following rules of construction apply to the text of this ordinance. The present tense includes the future tense, the singular number includes the plural, the plural number includes the singular and the word "or" include s the word "and" unless the context clearly indicates the contrary. The word "shall" is mandatory; the word "may" is permissive. The word "used" or "occupied" includes the words "intended", "designed", or "arranged to be used or occupied". If the context indicates that the word "or" does not include the word "an d" where a regulation involves two or more items, conditions, provisions, or events connected by the conjunction "and", "or", or "either...or", the conjunction shall be interpreted as follows: A. "And" indicates that all the connected items, conditions, provisions, or events shall apply. B. "Or" indicates that the connected items, conditions, provisions, or events may apply singly or in any combination. C. "Either...or" indicates that the connected items, conditions, provisions, or events shall apply singly but not in combination. The word "includes" shall not limit a term to specified examples, but is intended to extend its meaning to all other instances or circumstances of like, kind or character. SECTION 2.2 GLOSSARY For the purpose of this ordinance, certain terms or words used herein sha ll be interpreted as follows: Access/Curb Cuts. A way or means of approach to provide vehicular entrance or exit to a property from a public street. [Added 6-28-2005 by Ord. No. 958] Access Management . The process of providing and managing access to land development while preserving the regional flow of traffic in terms of saf ety, capacity, and speed. [Added 6-28-2005 by Ord. No. 958] Accessory Apartment . An independent, subordinate dwelling unit that is contained in the same building as a single family dwelling or business. [ Added 6-28-2005 by Ord. No. 960] Adult Bookstore. A business having as a substantial or significant portion of its stock in trade, books, magazines, periodicals, pictures and other mat ter which are distinguished or characterized by their emphasis depicting, describing, or relating to sexual conduct or sexual excitement as defined in MGL Chapter 272 Section 31. [Added 10-26-2004 by Ord. No. 936] Adult Entertainment Establishment. For the purpose of this ordinance, Adult Book Store, Adult Video Store, Adult Paraphernalia Store, Adult Motion Pi cture Theatres, and Adult Live Entertainment Establishments shall be commonly referred to as Adult Entertainment Establishments. [Added 10-26-2004 by Ord. No. 936] 2-1 Adult Live Entertainment Establishment. Any establishment, including but not limited to a nightclub, bar, restaurant, tavern, dance hall, stage or oth er performance venue, which displays live entertainment, including but not limited to persons or entertainers appearing in a state of nudity or othe r live performance distinguished by an emphasis on depicting, describing or relating to sexual conduct or sexual excitement as defined in Massachuset ts General Law Chapter 272, Section 31. [Added 10-26-2004 by Ord. No. 936] Adult Motion Picture Theater. An enclosure or building, or any portion thereof, used for presenting visual media material distinguished by an emphasis on matter depicting, describing or relating to sexual conduct or sexual excitement as defined in Massachusetts General Law Chapter 272, Se ction 31. [Added 10-26-2004 by Ord. No. 936] Adult Paraphernalia Store. A business having as a substantial or significant portion of its stock in devices, objects, tools, toys or electronic media which are distinguished or characterized by their association with sexual activity, including sexual intercourse, sexual conduct or sexual exciteme nt as defined in MGL Chapter 272 Section 31. [Added 10-26-2004 by Ord. No. 936] Adult Video Store. A business having a substantial or significant portion of its stock in trade (for sale or rent) motion pictures, films, video cas settes, DVDs and other film material or similar audio/visual media and electronic media which are distinguished or characterized by their emphasis depictin g, describing, or relating to sexual conduct or sexual excitement as defined in MGL Chapter 272 Section 31. [Added 10-26-2004 by Ord. No. 936] Affordable Units. As defined in the latest regulations of the United States Department of Housing and Urban Development. [Added 6-28-2005 by Ord. No. 960, Amended 10-31-08 by Ord. No. 1021] Applicant. Applicant shall include an owner, or his agent or representative, or his assigns. Artist and/or Creative Services Live/Work Units. Commercial artist space used, or designed to be used, by artists or craftspeople, including those in the creative service sector, to create works of art or crafts, and which is also used by such artists or craftspeople to reside in. Such residency shall be limited to one (1) family per dwelling unit. Works of art or craft sha ll mean items that are created primarily for purposes of aesthetic enjoyment, and not solely for practical purpose, including but not necessarily limited to paintings, drawings, lithographs, and other representations; photographs, film, video, prints and other visual and electronic media; textiles and costumes; jewelry; pottery; art objects made of glass; precious and semi- precious metals, stones and the like; lighting used for artistic purposes ; gallery and exhibit space; performance arts including dance, music and th eater including lessons, practice, rehearsal and actual performances whether live audiences, taped or filmed, and writing. [Added 6-28-2005 by Ord. No. 960 for DA Ordinance] Assisted Living Residence. A residential development subject to certification under G.L. Chapter 19D, which provides room and board; provides assistanc e with activities of daily living for three or more adult residents who are not related by consanguinity or affinity to their care provider; and collects payments or third party reimbursement from or on behalf of residents to p ay for the provision of assistance. Dwelling units in Assisted Living Reside nces shall not be considered to be Multi-Family or Garden Apartment Units. (ORD. #791, 1995) Animal Shelter . A free standing building(s) owned and operated by a non- profit, tax exempt entity or a governmental agency, exclusively for the housing, care and adoption to the public of unwanted or homeless animals and 2-2 for educational purposes associated therewith and to prevent the cruelty to and alleviate the pain and suffering of all. (ORD. #861 – 1999) Auto Service Station. Any area of land, including structures thereon, which is used or designed to be used to supply motor vehicles with gasoline, oil, grease, and customary accessories and may include facilities for lubricat ion, washing, polishing, and minor repairs. Bed-and-Breakfast Home; Tourist Home . An owner-occupied residential dwelling designed to provide the rental of rooms to transient guests. [Added 5-27-2003 by Ord. No. 913] Billboard. A sign unrelated to a business or profession conducted, to a service offered, or to a commodity sold upon the premises where such sign is located. Block. Land bounded by streets, or by a combination of streets and public parks, cemeteries, railroad right-of-ways, shoreline, or any other barrie r to the continuity of development. Building. Any structures having a roof supported by columns or walls and intended for shelter, housing, or enclosure of any person, process, equip ment, or goods. Building Height. (See Plate 1 and Plate 2) The vertical distance as measured from the average finished grade at its intersection with the front wall o f the building to the: A. Top of the coping or overhang of a flat-roofed or deck-roofed building; or B. Point half-way between the intersection of the top of the eave and the exterior wall and the top or ridge line of the roof of a gable or hipped roof, except that when the roof slope is greater than a ratio of twelve (12) feet vertical to twelve (12) feet horizontal, the measurements shall be taken at a point two thirds of the way up; or C. Point half way up between the intersection of the lower slope with the upper slope, and the ridge or top of the upper slope of a mansard or a gambrel roof; or D. Point two thirds of the distance up between the top of the eave and the top of a French roof; or E. Point two thirds of the distance up between the eave and the ridge or top of the A-frame roof. Building Inspector . Any duly appointed official of the City of Pittsfield charged with enforcement of the Zoning Ordinance. Building, Principal. A building in which is conducted the principal use of the lot. Club or Lodge. A building or land used for the activities of a private club or social organization and not an adjunct to or operated as or in connection with a public tavern, cafe, or other place open to the public. Creative Services. Specialized industries rooted in professional creativity and wealth generation through the intellectual property of individual skill and talent. Examples include, but are not limited to, architectural, engineering, interior, or landscaping design, software and graphics design, advertising and public relations, electronic commerce businesses and film , video and multi-media. [Added 6-28-2005 by Ord. No. 960] 2-3 Day Care Services. This shall include the services of any institution or place whether known as a day nursery, nursery school, kindergarten, child play school, progressive school, or preschool, or under any other name, except a Sunday School conducted by a church or a summer recreation camp, which received for temporary custody, with or without stated educational purpos es, during part or all of the day apart from their parents, three or more chi ldren under seven years of age and not of common parentage. The term "day care services for children" shall not include: (1) services of kindergartens or nursery schools operating as part of organized educational systems; (2) services of kindergartens or nursery schools operated by a state agency; and (3) family day care home as defined in Chapter 28A of the M.G.L. (ORD #425- 1982) Decibel. A unit of intensity of sound (the sound pressure level). Development, or Develop. The construction of a new building or other structure on a lot or conversion of a building or structure for a new use; the relocation of an existing building or structure on another lot; the use of a tract of land for a new use; or the subdivision of a tract of land into t wo or more lots. Dwelling Types. A. One-Family A detached residential dwelling unit other than a mobile home designed for and occupied by one family only. B. Two-Family A detached residential building containing two dwelling units designed for occupancy by not more than two families. C. Multi-Family A residential building designed for or occupied by three or more families, with the number of families in residence not exceeding the number of dwelling units provided. D. GardeApartments A group of multi-family dwellings on a single lot, designed for rental of the individual dwelling units, or for sale as condominiums or co- operative units having common open space, and designed in accordance with the special requirements of such dwellings as set forth in this ordinance. E. TowHouses A group of attached one family dwelling units, each unit having a separate entrance from the street, and having a common open space, as regulated for use in Design Integrated Development Districts. Dwelling Unit. One room, or rooms connected together, constituting a separate, independent housekeeping establishment, for owner occupancy, or rental or lease on a weekly, monthly or longer basis, and physically separated from any other rooms or dwelling units which may be in the same structure, and containing independent cooking and sleeping facilities. Dwelling Unit, Gross Floor Area . Gross floor area shall encompass all rooms including kitchen, bathrooms, closets, hallways and space occupied by int erior partitions within the dwelling unit. Earth Materials . For the purpose of this ordinance, earth materials shall include sand, gravel, stone, clay or soil. Family. One or more persons occupying a single dwelling unit, provided that 2-4 unless all members are related by blood, marriage, or adoption, no such f amily shall contain over eight persons, but further provided that domestic serv ants employed on the premises may be housed on the premises without being counted as a family or families. Flammable or Explosive Materials . Materials that produce flammable or explosive gasses or vapors under ordinary temperature conditions, including liquids with closed cup flash point of less than one hundred five (105) degrees Fahrenheit. Governmental Archives. A structure built for the keeping of Federal, State, County or Local records, historical documents, artifacts or other related equipment. (Ord #712-1992) Group Home. For the purpose of this ordinance, a group home is defined as any building or structure solely used or occupied for the purpose of providing group or family living and other associated or related educational experiences, and shall be licensed by the Commonwealth of Massachusetts o r any of its agencies, subdivisions or bodies politic, or operated by a profit or non-profit educational corporation. Group homes shall not apply to hospit als or sanatorium type of facilities, or to the rental of dwelling units in a multi-family (apartment) building by a licensed provider or individual to house 4 or less people. (Ord #489-1984) Hospice House. A hospice house or inpatient hospice facility means a facility that provides palliative care, supportive care and other services to terminally ill patients with a limited life expectancy and to their famil ies. A hospice house shall be owned and operated by a hospice program licensed by the Commonwealth of Massachusetts Department of Public Health pursuant to M.G.L. c. 111, § 57D and 105 CMR 141.000. [Added 8-14-2007 by Ord. No. 1000] Hospital or Sanatorium . Any hospital, clinic, sanatorium, infirmary, convalescent homes, rest home or establishment, public or private, licens ed by or under the supervision of the Massachusetts Department of Public Health or the Massachusetts Department of Mental Health and any support or allied administrative or medical service use accessory to such principal use, wh ether in the same or separate buildings or on the same or separate lots including, ambulatory surgery, rehabilitation, radiological or optometric facilities, doctor's offices, medical office building, laboratories, pharmacies, well ness facilities, housing for medical personnel or medical students, employee c hild care, parking facilities and facilities for the sale or lease of pharmaceutical, medical and orthopedic supplies (ORD #647-1989) Institutional Use. For the purpose of this ordinance, institutiona
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