§ 17.16.260. Accessory use.

In all districts, accessory buildings or uses, as defined in Chapter 17.08 of this title, shall be permitted in any district when incidental to conforming principal building use, subject to the following provisions:

A.

No accessory structure shall be used as a dwelling, except in an industrial district for the accommodation of a watchman. For purposes of interpretation, any addition to any residential structure attached to the principal structure by a breezeway, arbor way or similar structure and/or an unheated structure with or without a foundation shall be considered an extension of the principal building. Further, if the extension is to be used as a dwelling unit, as defined in this title, it must conform to all special permit and dimensional regulations set forth in this chapter. Accessory uses normally incidental to a permitted use within the IP district shall include that accessory to scientific uses.

B.

In residential districts RA, RA1, RB, RB1, RC, RC1 and RC2 all accessory buildings will be clearly used for purposes incidental to residential use, or maintenance of residential properties.

C.

1.

In residential districts RA, RA1, RB, RB1, RC, RC1, RC2 and RC3 and neighborhood business district NB, and commercial districts GB and CB, no accessory structure shall be used for the commercial storage of hazardous materials, as defined by the building inspector, or flammable and/or toxic materials.

2.

In all instances, in all zoning districts, accessory structures shall have one-hour fire-rated walls with openings.

D.

No accessory structure shall be higher than one story or fifteen feet. In industrial districts, no accessory structure shall exceed fifty feet in height.

E.

Accessory structures attached to principal structures shall be included in the dimensional calculations specified in Chapter 17.24.

F.

1.

Detached accessory structures may be erected on a rear yard, provided that no more than ten percent of the rear yard is occupied by such structures and no accessory structure is located within the required side yards, and within two feet of the rear lot line.

2.

No wall of a swimming pool, hot tub or spa whether in ground or above ground shall be located less than six feet from any rear or side property line or ten feet from any street property line.

G.

The building inspector may grant a permit for a temporary building or use incidental to a building development, such as but not restricted to a construction or sales office, which does not comply with the provisions of this title, where reasonably required by such development. Permits may be issued for an initial period of six months. Provided that construction has commenced, and that construction is continuous and ongoing, permits may be renewed not to exceed a period of two years in increments of six months.

H.

Accesory parking may be allowed in association with a hotel use for guests staying overnight at the hotel and leaving their vehicles in the hotel parking lot for the purpose of enabling said overnight guests to fly out of Logan Airport, provided that:

1.

No separate fee is paid for parking; and

2.

The accessory parking spaces do not include or infringe upon the parking spaces required for the hotel use.

(C.O.01-489 § 6, 2001; C.O. 98-293A §§ 6, 8, 9; C.O. 85-4A §§ 16, 36 (part))

(C.O. 17-284/CZ-17-04, § 22, 9-11-2017)