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Article XIV
Uses Subject to Special Requirements
~ 171-69. Tourist homes for transient guests.

A.      The special permit granting authority (SPGA) may grant a special permit in accordance with the provisions of Article X of this chapter for conversion of an existing structure to a tourist home for transient guests within the zoning districts specified for such use in ~ 171-16; provided, however, that no such conversion shall be permitted for a structure erected or enlarged less than 10 years before the date of application for said special permit, and provided also that no more than 10 rental rooms shall be permitted on any single piece of property or on contiguous properties under common or related ownership. For the purpose of this section, a tourist home for transient guests is defined as any establishment renting more than three and less than 11 rooms on a nightly basis, whether seasonally or year-round, regardless of whether meals are served and regardless of any other designation, such as inn, country inn, bed and breakfast inn, guest house or the like, derived from a source other than this section. No such establishment shall operate within the town without first applying for and receiving a special permit under the provisions of Article X and this section.

B.      Every special permit issued in accordance with the provisions of this section shall contain the following conditions:

(1)     All repairs, renovations or construction specified in the application for said special permit shall be made to the satisfaction of the Inspector of Buildings before a certificate of occupancy is issued;

(2)     Fire escapes and/or outside stairways leading to a second or higher story shall, insofar as practicable, be located on the rear of the building; shall not be located on any building wall facing a street; and shall comply with ~ 171-21C;

(3)     One off-street parking space shall be provided for each room available for rent and for each owner and/or employee, with the location and number of such parking spaces to be approved by the Planning Board;

(4)     All parking areas and outdoor recreational facilities such as swimming pools, tennis courts and the like shall be screened from view by plantings or other suitable means approved by the Planning Board; and

(5)     The addition of any added floor space, dining facilities, outdoor recreational facilities or facilities for serving alcoholic beverages not included in the original special permit application shall be allowed only after obtaining a separate special permit for those facilities under the provisions of Article X.


~ 171-70. Satellite television antennas.

A.      Antennas for the purpose of noncommercial reception of television and/or radio signals from orbiting satellites shall be permitted as accessory uses in all zoning districts, subject to the following provisions:

(1)     Ground-mounted satellite television antennas shall not exceed 15 feet in height.

(2)     Roof-mounted satellite television antennas shall not extend more than 10 feet above the maximum height limit established for structures in the zoning district in which the antenna is located.

(3)     No satellite television antenna shall be permitted in a front or side yard unless the Inspector of Buildings certifies in writing, with a copy in his files, that it has been demonstrated to his satisfaction that a usable satellite signal is not obtainable in the rear yard. For the purposes of this section, a usable satellite signal is defined as a signal from an orbiting satellite that is at least equal in picture quality, when viewed on a conventional television set, to that available by means of cable television.

(4)     No ground-mounted satellite television antenna shall be located closer to any street line than the minimum setback in the zoning district in which it is situated; nor shall it be within 10 feet of any side or rear lot line; nor shall it be located closer than 10 feet to the principal building on the lot; nor shall it occupy more than 10% of the total lot area, except as allowed in ~ 171-16G(8).

(5)     All satellite television antennas shall be screened from view by plantings, shrubs, trees or other suitable means insofar as possible without interfering with reception of satellite signals.

(6)     No satellite television antenna shall be illuminated in any way.

(7)     All satellite television antennas shall be installed in accordance with the provisions of the National Electrical Code.

B.      Commercial satellite television antennas used in the reception and transmission of radio and/or television signals for profit shall be subject to the special permit provisions of Article X. Any addition, extension or alteration to any commercial satellite television antennas existing at the time of enactment of this section shall be subject to the provisions of ~ 171-36 of this chapter.


~ 171-71. Trailers or mobile homes.

A.      As a temporary dwelling. One trailer or mobile home may be permitted and used as a dwelling on any standard lot for not more than 60 days in any twelve-month period. A permit from the Board of Selectmen is required as outlined in Article X. The Board of Selectmen may, however, allow such use for a longer period of time by special permit in hardship cases, provided that a time limit of 12 months is imposed as part of the authorization.

B.      Mobile home parks. The Board of Selectmen may grant special permits for the development and occupancy of mobile home parks in the town as hereinafter defined and limited:

(1)     Each mobile home park is to be limited to 50 mobile homes.

(2)     Each mobile home park must contain a minimum of 10 mobile home sites.

(3)     A mobile home park may be located in any designated zoning district.

(4)     A mobile home park must be served by a central water and a central sewer system.

(5)     A mobile home park must have all utilities under ground.

C.      Definitions. As used in this section, the following terms shall have the meanings indicated:

MOBILE HOME -- A detached single-family dwelling unit with substantially all of the following characteristics:

(1)     Designed for long-term occupancy and containing sleeping accommodations, flush toilet, a tub or shower, bath and kitchen facilities, with plumbing and electrical connections provided for attachment to outside systems.

(2)     Designed to be transported after fabrication on its own wheels or on flat bed or other trailers or detachable wheels.

(3)     Arriving at the site where it is to be occupied as a dwelling complete, including major appliances and furniture, and ready for occupancy except for minor and incidental unpacking and assembly operations, location on foundation supports, connections to utilities and the like.

MOBILE HOME PARK -- A parcel of land to be developed as an entity by a landowner for the purpose of placing mobile homes thereon to be occupied as single-family dwelling units. The mobile homes may be owned by the developer (landowner) and rented to the occupant, or the occupant may own the mobile home and rent the land space from the developer (landowner). In no case may the occupant of the mobile home own the land on which said mobile home is situated, except a mobile home park operator. Premises used as a mobile home park must be the property of the person(s) to whom the mobile home park permit is issued.

D.      Intent. The primary purpose of mobile home parks, in addition to the purpose governing this chapter as stated in ~ 171-3 is to provide attractive space and adequate utility services for mobile homes for living. Mobile home living can be provided in many cases with less capital outlay than that for the conventional home and thus fills a social and economic environmental need in special cases. There are occasions where more or less temporary living facilities are needed at low cost and mobile homes fill these social environmental needs.

E.      Use regulations. In mobile home parks, the following uses shall be permitted:

(1)     One-family dwellings in mobile homes.

(2)     Signs as regulated in ~ 171-90.

(3)     Accessory uses as regulated in ~ 171-35.

F.      Dimensional regulations. In mobile home parks, the following requirements relating to the density and intensity of land use shall be met:

(1)     Maximum number of mobile homes to be stored and/or in use in the park: 50.

(2)     Minimum total area: based on lot area requirements and usable open space or common land per family dwelling unit in Subsections F(3) through (10).

(3)     Each occupied mobile home shall be placed on an individually designated lot. Minimum lot size per mobile home: 5,000 square feet.

(4)     Minimum lot width per mobile home is: 80 feet.

(5)     Minimum front yard: 30 feet.

(6)     Minimum rear yard: 30 feet.

(7)     Minimum side yard: 15 feet.

(8)     Minimum usable space or common land of one acre must be provided in a mobile home park and designated for active and for passive recreation. No structures, other than for noncommercial recreational use, shall be constructed on the open space or common land.

(9)     Access roadways within mobile home parks must be a minimum of 40 feet, of which 24 feet is travelled surface.

(10)    Two parking spaces for each mobile home must be provided within the lot boundaries.

G.      Mobile home regulations.

(1)     Mobile homes must meet American Standard Association Code Provision A-119-1.

(2)     Mobile homes must contain at least 500 square feet of living area.

H.      Special conditions.

(1)     All occupied mobile homes must be installed in conformance with the Massachusetts Building Code and any special requirements as prescribed in an issued special permit.

(2)     A mobile home park shall be required to be screened from view of abutting property owners by natural woods, hedge or suitable solid fence if the Board of Selectmen so recommends.

(3)     Minimum length of rental shall be 30 days.

(4)     Fuel and refuse area must be screened from view of abutting property owners and access roads.

I.      Procedural controls. The following procedures shall be required for the presentation of a mobile home park plan:

(1)     Each application for a special permit hereunder shall be accompanied by a preliminary plot plan drawn to scale of the entire tract portraying:

(a)     Lot layout and dimensions.

(b)     Access roadway layouts.

(c)     Open space locations and dimensions.

(2)     Said plan should be identified as preliminary and contain sufficient data about the proposal to form a clear basis for discussion of its problems and for preparation of a definitive plan and the special permit.

(3)     Three copies of the preliminary plan and a letter of application will be submitted to the Board of Selectmen.

(4)     A special permit for a mobile home issued hereunder by the Board of Selectmen is primarily an authorization for the use of a particular piece of land for a specific purpose.


~ 171-72. Municipal sanitary landfill method of waste disposal.

A.      General requirements. The Board of Selectmen may designate the use of land for sanitary landfill method of waste disposal under municipal supervision in Zoning Districts R-2, R-4, B-2 and I of the town after seeking recommendation of the Planning Board and subject to state and local Board of Health approval.

B.      Definition and intent.

(1)     "Sanitary landfill method of waste disposal" shall mean the dumping, compacting and coverage (with suitable soil) of solid waste, all in accordance with procedures to be determined with sanitary engineering advice and acceptable to the Board of Health and Board of Selectmen.

(2)     The primary purpose of establishing sanitary landfill method of waste disposal as an exceptional land use is to enable the town to dispose of its solid waste in a modern, efficient and sanitary method free of the objectionable features of an open dump and to enable the town to select and designate new and alternate sites for sanitary landfill use.

C.      Procedure for selecting municipal sanitary landfill waste disposal sites. The Board of Selectmen shall search and seek out suitable locations for such sites seeking recommendations of the Planning Board in so doing. After due process of investigation as to soil type, suitable access, availability and suitable seclusion from view and after approval of the site by the state and local boards of health, the Board of Selectmen shall hold a public hearing thereon after such notice as it may direct, and render a decision, all conditional on the site being assigned in accordance with provisions of MGL c. 111, ~ 150A.


~ 171-73. (Reserved)



Town of Great Barrington 334 Main Street Great Barrington, MA 01230
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