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Final draft zoning articles 2012 fall annual town meeting- pb revisions- final- 10-10
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Final draft zoning articles 2012 fall annual town meeting- pb revisions- final- 10-10

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Final DRAFT Zoning articles-2012 Fall Annual Town meeting- PB revisions- final

Final DRAFT Zoning articles-2012 Fall Annual Town meeting- PB revisions- final


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  • 1. Underlined text - original new text contained in the Finance Committee’s WarrantSingle strike-thur – original deletions contained in the Finance Committee’s WarrantDouble strike-thru – deletions based upon Planning Board’s recommendation to TownMeetingBold/ Italicized / Underlined – new text based upon Planning Board’s recommendation toTown MeetingARTICLE 16. To see if the Town will vote to amend the Town Code, Chapter 195, “ZoningBylaw”, for purposes of amending section 195-7, “Home Occupations”, by deleting the languageshown in strikethrough and adding the language shown as underlining, as follows:§ 195-7 Home occupations.A. Home occupations as of right. Businesses or professions incidental to and customarilyassociated with the principal residential use of premises may be engaged in as an accessory useby a resident of that dwelling; provided, however, that all of the following conditions shall besatisfied:(1) The occupation or profession shall be carried on wholly within the principal building orwithin a building or other structure accessory thereto which has been in existence at least fiveyears, without extension thereof.(2) Not more than 25% of the combined gross floor area, not to exceed a maximum of 500 750gross sq. ft. of the residence and any qualified accessory structures shall be used in the homeoccupation. The gross sq. ft. shall be calculated based upon sq. ft. that is principally used for thehome occupation. Common areas to both the residence and the home occupation within theprincipal structure shall not be included in this calculation. In calculating gross floor area for thepurposes of a home occupation, the provisions of this section shall prevail over those in Section195-108.(3) No person not a member of the household shall be employed on site in the home occupation.(4) The home occupation shall not conduct on-site business transactions only on an appointment Authorbasis. An on-site business transaction is defined as a physical presence on the premise consisting Deleted: sof an exchange or transfer of goods, services or funds between the household member of the Authorhome occupation and serve not more than a client, customer, pupil, salespersons or the like at a Deleted: stime. A client, customer or pupil may consist of more than one person taking part in a single Authortransaction. Business transactions may occur from 8 am to 8 pm, Monday through Saturday. Deleted: sElectronic, audio or video communications do not qualify as an on-site “business transaction” for Belansky, Evan 10/1/12 10:07 AM Deleted: Fridaythe purpose of this section.(5) There shall be no exterior display, no exterior storage of materials and no other exterior Author Inserted: Friday. Electronic, audio or videoindication (including but not limited to , noise, smoke, dust, odor, vibrations) of the home communications do not qualify as aoccupation or other variation from the residential character of the premises, including but not Belansky, Evan 10/4/12 10:27 AMlimited to alterations to utility services (which may not be increased beyond that which is Deleted: sign orrequired for residential structures of similar size). Belansky, Evan 10/1/12 10:08 AM(6) No use, generation, storage or disposal of medical, biological, toxic or hazardous materials Deleted: such asin quantities greater than associated with normal household use shall be permitted. Author Inserted: such as, noise, smoke, dust, odor,(7) Traffic generated shall not exceed volumes normally expected in a residential neighborhood. vibrations)(8) No more than one (1) commercial motor vehicle, not to exceed 142,000 pounds gross vehicle Belansky, Evan 10/1/12 10:10 AMweight rating, including any trailers, may be parked in the driveway Deleted: or
  • 2. (9) By-right home occupations include, but are not limited to, the following. i. professional office: any professional or office type occupation, including but not Author Deleted: blimited to accountants, appraisers, architects, engineers, attorneys, real estate broker , Belansky, Evan 10/1/12 2:10 PMcontractors, insurance brokers, mortgage brokers, financial advisors; Deleted: generally accepted ii. Instructional Service: educational tutoring or lessons such as music, art, cooking; Belansky, Evan 10/1/12 2:10 PM iii. Home artisan: including but not limited to artist studios, dress making, engraving, Deleted: agentssewing, tailor, woodworking and horticulture; Author iv. Small item repair: including but not limited to locksmith, watch repair, small hand Inserted: agents, contractors, insurance brokers, mortgage brokers, financial advisors;tool repair, shoe repair. ii(10) By-right home occupations may display a two (2) sq. ft. unlighted sign affixed either tothe principal or accessory structure.(11) By-right home occupations shall be required to apply for a Business Certificate with theTown Clerk.B. Home occupations by special permit. All non as-of-right Businesses or professions that areincidental to and customarily associated with the principal residential use of premises may beengaged in as an accessory use by a resident of that dwelling upon the issuance of a specialpermit by the Board of Appeals; provided, however, that all of the following conditions shall besatisfied:(1) All of the requirements of Subsection A(1), (2) and (5) unless noted below.(2) Not more than one person not a member of the household shall perform work on the premisesat a time. in the home occupation. Belansky, Evan 10/11/12 10:05 AM(3) An unlighted sign of not more than three square feet in area may be permitted. The visibility Deleted: nyof exterior storage of materials and other exterior indications of the home occupation, or other Authorvariation from the residential character of the premises, shall be minimized through screening Deleted: be employedand other appropriate devices.(4) Motor VehiclesParking for the business, employee, clients, customers, pupils, salespersons or Authorthe generated by the home occupation shall be provided by accommodated off street parking, Deleted: swithin an existing paved driveway. other than in a required front yard, and shall not occupy morethan 20% of the lot area. In granting a special permit, the Board may consider the use of on-streetparking if it finds that the neighborhood will not be adversely impacted.(5) The use, generation, storage or disposal of toxic or hazardous materials in quantities Belansky, Evan 10/1/12 2:17 PMgreater than associated with normal household use shall be subject to design requirements to Deleted: orprotect against discharge to the environment and compliance with state regulations andapproval from the Chelmsford Fire Department..(6) No more than two commercial motor vehicles may be parked in the driveway, provided that:Any commercial motor vehicle exceeding the standards in section 195-7.A (8) and any trailershall require a special permit and: i. The motor vehicles, including any associated trailers, does not exceed a total combined24,000 pounds (lb) gross vehicle weight: i. The motor vehicles shall not be heavy construction equipment / apparatus Belansky, Evan 10/1/12 2:34 PM ii. The motor vehicles is not loaded in whole or part with toxic, noxious, flammable, Deleted: idangerous or offensive materials or liquids. Belansky, Evan 10/1/12 2:34 PM(7) The use, generation, storage and disposal of medical or biological waste, as defined in Deleted: iMass 105 CMR 480.00 shall be prohibited.C. Special Permits by the Zoning Board
  • 3. (1) A special permit may be issued to waive any provision of sections A and B above.(2) A special permit may only be granted to the current homeowner and shall not be transferableupon the sale of the property. Belansky, Evan 10/9/12 9:34 AM Deleted: D. Prohibited Home OccupationsExplanation The following home occupations are prohibited: (1) Motor Vehicle sales, general repair, body repair or towing and storage;This article seeks a comprehensive update to the existing home occupations bylaw. The (2) Medical office or medical clinic; (3) Body art or massage service establishment;proposed update serves to better protect residential areas from adverse impacts of activities (4) Contractor’s shop / yard.associated with home occupations, allows residents to utilize their homes as a work place and a (5) Research and developmentsource of livelihood under certain circumstances and conditions and will ensure that home Authoroccupations are compatible with the neighborhoods in which they are located. Inserted: 5) Research and development SUBMITTED BY: Planning Board