Overview: Are STRs allowed in Lakeville?

• Short‑term rentals (any rental of a dwelling unit or portion thereof for fewer than 30 consecutive days, often for a fee) are not explicitly defined in the Town of Lakeville Zoning By‑Law (master zoning by‑law; amendments through May 10, 2021).
• The Town treats short‑term rentals as a commercial lodging activity. As such:
  • STRs are prohibited in Residential (R) districts.
  • STRs can only operate in two lawful pathways:
    1. As an Accessory Apartment in the R district (must be incidental and subordinate to a single‑family principal dwelling) — permitted only by Special Permit (SP).
    2. As a “Hotel or Motel” in Business (B) and Industrial (I) districts — permitted by right (Y) in B, with Special Permit (SP) in some cases in Industrial districts; Industrial‑B (I‑B) may or may not allow hotels/motels depending on future zoning map/site conditions (confirm with the Building Department).
• Lakeville’s Home Occupation rules are intentionally narrow and do not permit lodging/boarding uses; they require the activity to be “incidental and subordinate” to the primary residential use and restrict employee count, floor area, and commercial vehicle use. A “bed‑and‑breakfast” style or STR model typically exceeds those limits.
• Because STRs are commercial lodging, you cannot open an STR in a single‑family home in the R district unless you obtain approval for an Accessory Apartment and structure the STR to comply with the conditions of that permit. You may also evaluate a site in the B or I districts for a hotel/motel use if consistent with the Table of Use Regulations and district dimensional/intensity rules.

Important caveat: The 2021 Zoning By‑Law has no dedicated STR registration or licensing program. Massachusetts state law (M.G.L. c. 64G; 940 CMR 32.00) does regulate short‑term rentals, and compliance with those state requirements is mandatory regardless of local zoning. See “State‑Level Regulations” below.

How to Start an STR Business in Lakeville

If you are targeting single‑family residential inventory in Lakeville (which most investors do), the viable path is an Accessory Apartment; a stand‑alone STR unit on a residential lot is not permitted. If you are considering commercial lodging, a hotel/motel development in the B or I districts may be feasible but requires a different scale and compliance with all intensity and site plan review rules.

Recommended process (Option A: Accessory Apartment STR)

1. Pre‑development feasibility

• Confirm district: STRs must be in the R district to access the Accessory Apartment pathway; they will not be permitted as “primary” lodging in R without Special Permit approval as an accessory apartment.
• Site verification: Determine lot size, frontage, setbacks, height, and lot coverage from Section 5.0 (Intensity Regulations), and ensure the subject parcel is not in an overlay (e.g., Floodplain, Water Resource Protection, Marijuana Overlay, Smart Growth Overlay).
• Accessory Apartment check: Section 7.8 (Accessory Apartment) sets conditions; it is a living unit with kitchen, bathroom, living area, independent means of egress, and must be subordinate to the principal single‑family dwelling. Confirm that your concept is not a separate detached unit.
• Non‑conforming status: If you’re converting space that is currently non‑conforming, review Sections 6.1 and 7.4 (Special Permits) for alteration/extension requirements and potential relief pathways.

2. Permitting and approvals

• Building permit and compliance: The Accessory Apartment structure must meet all applicable Massachusetts Building Code and life safety standards (see 780 CMR references).
• Board of Health approval: Typically required for additional living units in residential settings (local Board of Health involvement is standard per Table of Use Regulations notes).
• Special Permit: Apply to the Board of Appeals (Zoning Board) per Section 7.4 for Accessory Apartment approval in the R district.
• Site Plan Review: For substantial residential projects, Section 6.7.3 governs site plan submittals to the Planning Board (e.g., new construction or modification disturbing >43,560 sq. ft. of ground).

3. Registration and taxation

• Town Clerk registration: For Home Occupations, the owner registers with the Town Clerk; this is not a business license. For Accessory Apartments, follow any local application/registration requirements.
• Massachusetts State STR registration: Complete state registration and tax obligations under M.G.L. c. 64G and 940 CMR 32.00 (see “State‑Level Regulations” below).
• Room tax: Massachusetts imposes a room occupancy tax on short‑term rentals (currently 5.7% for regular rentals; 6.25% for cannabis or tobacco retailers in the room; additional local taxes may apply). You must collect and remit all required state and local taxes.

4. Operations and compliance

• Occupancy and parking: Follow state rules (e.g., maximum occupant counts tied to sleeping rooms and life safety standards; no party houses or transients prohibited under state law). Provide off‑street parking for lodging guests as required by Section 6.5 (one space per guest room for hotels/motels; two per dwelling unit for residential uses).
• Notices and postings: Provide guest notices and unit information as required by 940 CMR 32.00 (e.g., emergency egress and safety information).
• Advertising: Ensure advertising complies with town sign regulations (Section 6.6). Temporary signage for opening/special events must comply with Section 6.5.5 and all other sign rules.

If you are planning a hotel/motel in a B or I district (Option B)

• Confirm permitted use: Hotel or Motel is permitted as of right in B districts (Section 4.1.2); confirm whether “Hotel or Motel” is listed as an allowed use in any Industrial district you target (per Table of Use Regulations).
• Site plan and intensity compliance: All major commercial developments require site plan review under Section 6.7.2 and must meet dimensional requirements (setbacks, height, lot coverage), buffer rules with residential districts, and parking and loading requirements.
• Special Permits: If your parcel triggers special conditions (e.g., design standards or other SP triggers under Sections 7.4–7.8), obtain Special Permit approvals as required.

Required Documents, Permits, Licenses, and Guidelines

Local (Town of Lakeville)

• Zoning By‑Law (May 10, 2021) — primary zoning authority, including:
  • Definitions (Section 2.0)
  • Table of Use Regulations (Section 4.1)
  • Intensity Regulations (Section 5.0)
  • General Regulations, including Home Occupation (Section 6.4), Sign Regulations (Section 6.6), Site Plan Review (Section 6.7)
  • Special Regulations (Section 7.0) — includes Accessory Apartment (Section 7.8)
• Building Permit — for construction or conversions, plus compliance with 780 CMR Massachusetts State Building Code (referenced in Floodplain Section 7.1.2)
• Special Permit — Board of Appeals (ZBA) for Accessory Apartments or any other use requiring SP under the Table of Use Regulations
• Site Plan Review — Planning Board submissions per Section 6.7 (business/industrial) and Section 6.7.3 (residential)
• Board of Health — approval for new living units and any septic/water arrangements
• Town Clerk registration (if applicable) — for Home Occupations; not a substitute for state STR registration

State (Massachusetts)

• Short‑Term Rental law: M.G.L. c. 64G; 940 CMR 32.00
• Building Code: 780 CMR (Massachusetts State Building Code)
• Environmental/Wetlands: 310 CMR 10.00 (Wetlands protection) and 310 CMR 15.00 (Title 5 Septic) for onsite systems (referenced in Floodplain Section 7.1.2)
• Taxes:
  • State room occupancy tax and related taxes (room tax)
  • Sales/use tax and local option taxes where applicable
  • State STR registration/identifier number
• Insurance and life safety compliance: comply with host liability and safety standards required by 940 CMR 32.00

Typical technical submittals (for SP and site plan review)

• Locus plan; existing and proposed elevations; setbacks from property lines; parking layouts and calculations; drainage and utilities; landscaping; loading/unloading; signage; stormwater and erosion/sediment control plans; and other data specified in Section 6.7.2 and 6.7.3

Specific Regulations for STRs (City/Town, County/Region, and State)

City/Town of Lakeville (Zoning By‑Law, May 10, 2021)

• STRs are treated as commercial lodging uses; “Hotel or Motel” is the relevant lodging category in the Table of Use Regulations (Section 4.1.2).
  • Residential (R) districts: “Hotel or Motel” = N (not permitted). Therefore, STRs are not permitted in R except via Accessory Apartment with Special Permit (SP).
  • Business (B) districts: “Hotel or Motel” = Y (permitted as of right), subject to Intensity Regulations (Section 5.0), parking (Section 6.5), signs (Section 6.6), and site plan review (Section 6.7.2).
  • Industrial (I) districts: STRs as lodging may require SP depending on how the specific industrial district’s table reads; confirm your target district’s allowed uses.
  • Industrial‑B (I‑B): Confirm allowed uses; lodging may or may not be permitted depending on the Table of Use Regulations for your target parcel.
• Accessory Apartment (Section 7.8) is the only lawful lodging use in the R district that meets zoning criteria, but it must be subordinate to a single‑family principal dwelling and obtain SP.
• Home Occupation (Section 6.4) is tightly limited (floor area, employees, commercial vehicles, signs) and not a path for lodging/boarding uses.
• Accessory Uses (Section 6.3) — STR as a commercial lodging use is not accessory to a single‑family residence; it is a primary commercial use and thus not accessory.
• General Prohibitions (Section 6.2) — lodging uses must not emit dangerous, noxious, or injurious conditions; must preserve residential character where applicable.
• Intensity Regulations (Section 5.0) — minimum lot size, frontage, setbacks, height, and lot coverage apply to all structures, including any STR or hotel/motel building.
• Buffers (Sections 5.2.4 and 5.2.5) — required buffer strips when adjacent to residential districts for lodging uses in B or I districts.
• Parking (Section 6.5) — lodging guests require off‑street parking; one space per guest room plus one per employee for hotels/motels; general residential is two per dwelling unit.
• Signage (Section 6.6) — lodging signage must comply with setbacks, height, area, and temporary sign limits.
• Floodplain (Section 7.1) and Water Resource (Section 7.2) overlays — apply to all development; lodging uses in overlay areas must meet floodplain and environmental protections.
• Temporary Licenses (Section 8.7) — not applicable to lodging; if you require a temporary occupancy permit, confirm with Building Commissioner.

County/Region

• Plymouth County Flood Insurance Rate Map (FIRM) and Flood Insurance Study (FIS) are incorporated by reference in Section 3.2.3 (flood hazard boundaries and base flood elevations). Lodging development in flood hazard areas must comply with local and state floodplain management standards (Section 7.1) and 780 CMR requirements.

State (Massachusetts)

• Short‑Term Rental Law (M.G.L. c. 64G; 940 CMR 32.00):
  • Registration required (state STR identifier).
  • Taxes: Massachusetts room occupancy tax applies (5.7% for regular short‑term rentals; 6.25% for cannabis/tobacco retailers in the room; certain local options may apply).
  • Safety and liability: hosts must meet life safety, insurance, and compliance requirements; advertising must include required state disclosures and registration number.
• Building Code: 780 CMR governs all construction, renovation, life safety, and occupancy (including fire protection and egress).
• Environmental: 310 CMR 10.00 (Wetlands), 310 CMR 15.00 (Title 5 Septic), and stormwater management requirements (referenced in local regulations and site plan rules).
• Zoning Preemption: State STR law establishes a baseline; local zoning still governs land use, including prohibition or conditional allowance of lodging uses.

Contact Information (Phone/Email/Website)

Note: The official phone/email for the Town of Lakeville is not included in the provided zoning document. Use the Town’s official website and staff directories for the most current contact details.

• Building Commissioner / Local Licensing Authority:

  • Town of Lakeville, Building Department
  • Address: Town Hall (address not provided in the document)
  • Phone/Email: Consult lakevillema.org or Town Clerk/Building Department directory
  • Responsible for: Building permits, zoning compliance, floodplain administration, and temporary licenses.

• Zoning Board of Appeals (Special Permits):

  • Contact via Town Clerk or Building Department.
  • Phone/Email: Consult lak