[Amended 5-6-2019 ATM by Art. 26]
In each zoning district, land and buildings may be used as a principal use only as set forth in Table 1, Land Use Regulations.[1] "Yes" means the use is allowed as a matter of right, subject to any additional requirements specified in § 200-11, Classification of uses. "SP" means a special permit for use and dimension to be granted by the Board of Appeals is required. "No" means that the use is not allowed. No land or building shall be used, in whole or in part, for any use not described in Subsection A of § 200-11, Explanation of allowed uses. Uses listed in this table are described in § 200-11A, Explanation of allowed uses.
[1]
Editor's Note: Table 1 is included at the end of this chapter.
For the purpose of this Bylaw, uses of land and buildings shall be allocated among the following six categories of uses: Residence, Institutional and Recreational, Governmental and Public Service, Retail and Consumer Services, Automotive and Commercial Services, and Industrial.
A. 
Explanation of allowed uses.
(1) 
Residence uses.
(a) 
One-family dwelling: detached dwelling on a separate lot, designed for and occupied by a single family.
(b) 
Semidetached dwelling: two adjoining dwellings each designed for and occupied by a single family and separated by a vertical party wall; a duplex dwelling.
(c) 
Two-family dwelling: a detached dwelling with upper and lower dwelling units each designed for and occupied by a single family. An accessory dwelling unit shall not be considered a two-family dwelling.
[Amended 5-1-2023 ATM by Art. 39]
(d) 
Converted dwelling: the alteration of a dwelling or other type building, existing at the time this Bylaw was adopted in 1972, and wherever located, to consist of from two to four dwelling units, provided that the exterior lines of such dwelling or other type building are not materially altered.
[Amended 5-6-2019 ATM by Art. 26]
(e) 
Row house: three or more adjoining dwellings, each designed for and occupied by one family and separated by vertical party walls; a townhouse.
[Amended 5-6-2019 ATM by Art. 26]
(f) 
Multifamily dwelling: a dwelling for more than two families under one roof.
(g) 
Hotel, or motel, or rooming house: a building erected for use or used for paying guests, permanently or transiently, where more than five bedrooms are used for such purposes.
[Amended 5-6-2019 ATM by Art. 26]
(h) 
Combined residential and nonresidential building: a building with nonresidential uses on the street level and up to three residential units on the upper level(s).
(2) 
Institutional and recreational uses.
[Amended 5-1-1995 ATM by Art. 39; 5-6-1996 ATM by Art. 30; 5-3-1999 ATM by Art. 36; 5-6-2019 ATM by Art. 26]
(a) 
Assisted living facility: a facility as defined by G.L. c. 190, providing room and board, which provided assistance with activities of daily living and personal care services for three or more non-related adults, and collects payments or third party payments for the provision of assistance with activities of daily living. Assisted living facilities are for frail elders who do not require twenty-four-hour skilled nursing care. Assistance with dressing, bathing, eating, housekeeping, medicine monitoring, and other activities of daily living may be provided, along with an array of services, from meals and social wellness activities. All assisted living residences are to be certified by the Executive Office of Elder Affairs.
(b) 
Lodge or club, private: buildings, structures and premises used by a nonprofit social or civic organization, or by an organization catering exclusively to members and their guests for social, civic, recreational, or athletic purposes which are not conducted primarily for gain.
(c) 
Nursing complex, private: a building or buildings, with a principal function of providing housing, medical and nursing care for the aged or infirm.
(d) 
Nursing home: an institution, or distinct part of an institution which is licensed or approved by the Massachusetts Department of Public Health to provide twenty-four-hour health care under medical supervision to individuals who, by reason of advanced age, chronic illness, or infirmary, are unable to care for themselves. For the purposes of this Bylaw, it includes: nursing home, convalescent home and rest home.
(e) 
Open space: a reservation, wildlife preserve or other conservation area; parks, recreation lands, or cemetery.
(f) 
Other educational/recreational uses: school, recreational health facility or similar organization operated for profit, including but not limited to dog obedience school, health clubs or dance school.
(g) 
Place of worship: buildings and grounds used for religious purposes, including sectarian schools, community centers and parish halls. (See § 200-16J.)
(h) 
Private school: a place of education and/or child care facility operated by an entity other than a public or religious institution (see § 200-16). Use of land or structures for educational purpose by a nonprofit educational corporation on land owned or leased by a nonprofit organization as defined under G.L. c. 40A, sec 3.
(i) 
Public school: a place of education and/or day care of school age care program as defined by G.L. c. 28A, sec 9, operated by a public entity. (See § 200 16J.)
(3) 
Governmental and public service.
(a) 
Governmental services: a municipal building or use, including but not limited to: parks, playgrounds, recreational areas, private rental of municipal facilities for municipal purposes including revenue generation, such as the rental of land and/or buildings for seasonal stands offering refreshments, or the like, and the rental of land and/or buildings for the operation of a solid waste disposal system.
[Amended 5-6-2019 ATM by Art. 26]
(b) 
Utility: a private or government enterprise, service, or organization supplying or transmitting gas, water, electricity or communications to members of the community and subject to federal, state, or town regulation. Not included are wireless communication structures and appurtenances, digital TV towers, and service yards, garages, storage and repair uses. (See § 200-39, Special permit for wireless communication facilities.[1])
[Amended 5-5-1997 ATM by Art. 24; 5-5-1998 ATM by Art. 28]
[1]
Editor's Note: See now § 200-40.)
(4) 
Retail and consumer services.
[Amended 5-1-1995 ATM by Art. 39 and 42; 5-6-2019 ATM by Art. 26]
(a) 
Neighborhood grocery store: a store primarily for the retail sale of food and beverages not consumed on premises, but also for the sale of other convenience items normally retailed by such a store with not more than 10% of the total gross floor area allocated to kitchen areas for on-premises preparation of food (i.e., footprint of appliances, countertops, sinks and work aisles).
(b) 
Retail.
[Amended 5-6-2019 ATM by Art. 30]
[1] 
Retail, small: a facility selling goods, but not specifically listed in the Table of Use Regulations and which is not in excess of 2,000 square feet. The facility shall include the main structure, any area(s) covered or uncovered in or upon which merchandise is stored or displayed for sale.
[2] 
Retail, large: a facility selling goods, but not specifically listed in the Table of Use Regulations and which is in excess of 2,000 square feet. The facility shall include the main structure, any area(s) covered or uncovered in or upon which merchandise is stored or displayed for sale.
(c) 
Fast-food establishment: an establishment whose principal business is the sale of pre-prepared or rapidly prepared food directly to the customer in a ready to consume state for consumption either on premises within the building or off premises which typically (and usually) requires ordering food at a counter.
(d) 
Restaurant: a building, or portion thereof, containing tables and/or booths which is designed, intended and used for the sales of food or beverages prepared and consumed on the premises. The term “restaurant” shall not include fast-food establishment which is defined in above.
(e) 
Bank: an establishment for the custody, loan exchange, or issue of money, for the extension of credit and for facilitating the transmission of funds.
(f) 
Offices and studios.
[1] 
Offices: a place of business of a professional organization or the administration facility of a commercial or industrial organization.
[2] 
Studio: a space occupied by an artist or artisan for the creation and display of art work.
(g) 
Medical center: professional offices for two or more physicians, dentists, optometrists, or other health care professionals who do not reside in the premises.
(h) 
Hospital: an institution licensed under the provisions of General Laws, Chapter 111, being any institution, however named, whether operated as a nonprofit or for-profit institution.
(i) 
Personal service establishment: a business such as barber, beauty, cobbler, laundry, dry-cleaning, nail salon, and tailoring shops.
(j) 
Amusement and recreation.
[1] 
A structure for recreational, social or amusement purposes, which may include as an accessory use the consumption of food and drink, including all connected rooms or space with a common means of egress and entrance. Amusement and recreation shall include theatres, concert halls, dance halls, skating rinks, bowling alleys, or other commercial recreational centers conducted for or not for profit.
(k) 
Funeral home: an undertaking or funeral establishment.
(l) 
Trade or repair shop: a business such as but not limited to building and printing trades, caterer, or appliance repair shops, provided that all work and storage shall be conducted within a building.
(m) 
Other educational/recreational uses: school, recreational health facility or similar organization operated for profit, including but not limited to, for profit educational institutions, dog obedience school, health clubs or dance school.
(n) 
Drive through or drive up: a retail establishment which by design, physical facilities, service or by packaging procedures encourages or permits customers to receive services and/or obtain food, merchandise or money while remaining in their motor vehicles and which shall include stand-alone automatic teller machines.
(5) 
Automotive and commercial services.
(a) 
Auto service station: a business for the sale of gasoline and related products and services.
(b) 
Auto dealers: a sales room and repair garage for automobiles and other vehicles.
(c) 
Repair garage: an establishment for the repair of motor and other vehicles, but not including the sale of fuel, provided that the making of all but minor repairs be conducted wholly within a building sufficiently sound insulated to confine disturbing noise and fumes to the premises.
(d) 
Parking facility: a parking lot or parking garage.
(e) 
Marine services: a business for the design, manufacture, repair, wholesale, sale, docking, hauling, or storage of boats and marine equipment appurtenances or sails. Also allowed are offices; use for storage of fishing gear, marine taxi and related services; sale at dockside of marine fuel and related marine products.
[Amended 5-6-2019 ATM by Art. 26]
(6) 
Industrial uses.
(a) 
Research laboratory: a laboratory for scientific or medical research and development not involving noxious or hazardous substances or processes.
(b) 
Laundry: a laundry or dry-cleaning facility.
[Amended 5-6-2019 ATM by Art. 26]
(c) 
Warehouse: an enclosed building for the storage, distribution, or wholesale marketing of materials, merchandise, products or equipment, provided that such use is not hazardous by reason of potential fire or explosion.
(d) 
Light manufacturing: a manufacturing establishment or other lawful assembling, packaging, finishing, or processing use, provided that all operations shall confine smoke, fumes, dust, and noise to the premises so as not to create a nuisance or hazard.
[Amended 5-6-2019 ATM by Art. 26]
(e) 
Storage yard: a fuel storage facility, or contractor's yard; not including salvage materials, waste products or other open-air storage of material which are expressly prohibited.
[Amended 5-6-2019 ATM by Art. 26]
(f) 
Wireless communication facilities (WCF): a freestanding monopole with associated antennas, or related structures designed to facilitate the following types of service: cellular telephone service, personal communications service and enhanced specialized mobile radio service. Wireless communication antennas of 15 feet or less affixed to preexisting nonresidential buildings and structures shall be considered auxiliary uses. (See § 200-14, Auxiliary uses.)
[Added 5-5-1997 ATM by Art. 24; amended 5-5-1998 ATM by Art. 28]
B. 
Limitation of allowed uses.
[Amended 5-6-2019 ATM by Art. 26]
(1) 
Excepting where otherwise specified in this Bylaw, only one principal use shall be permitted on each lot.
(2) 
More than one principal use on a lot or in any principal building shall not be allowed except in the Business, Business 1, Business Residential and the Unrestricted Districts, where more than one principal use shall be allowed within the subcategories of uses defined in Subsection A: under any one of the following: (4), Retail and consumer services, (5), Automotive and commercial services and (6), Industrial uses.
[Amended 5-6-2002 ATM by Art. 7; 5-6-2019 ATM by Art. 26]
A. 
Business uses prohibited near residential and institutional uses. No portion of the front and side lines of a public garage, automobile repair shop, greasing station, storage battery service station, and gasoline filling station, or any of their appurtenances or accessory uses, shall be placed within 50 feet of any residence district. No such premises shall have any driveway entrance or exit for motor vehicles within 300 feet of the property used by any public or private school, public library, church, playground or institution for the aged, sick or dependent or for children under 16 years of age. Every filling station and all fuel pumps shall be located not less than 15 feet inside the lot lines.
A. 
General provisions. Accessory uses or buildings are allowed as a matter of right provided they are (i) located either on the same lot as the principal use or (ii) on an adjacent lot under the same ownership as the lot where the principal use is located. Accessory uses or buildings (i) shall not alter the character of the premises where the principal and accessory uses are located and (ii) shall be constructed or undertaken in conformance with the dimensional requirements of this bylaw; and (iii) shall be clearly subordinate and incidental to the principal use.
[Amended 5-6-2019 ATM by Art. 26]
B. 
Home occupation.
(1) 
The use of a room or rooms in a dwelling or accessory building for a resident on the premises as an office, studio, or by the conduct of a service trade or an agency, or any other customary home occupation, shall be a permissible accessory use, provided:
(a) 
Not more than two persons other than residents of the premises are regularly employed in such use.
(b) 
The residential appearance and character of the premises are preserved.
(c) 
There shall be no display of goods or advertising visible from the outside except for an unlighted sign not over three square feet in area, and the top of which is not over six feet high from the ground.
[Amended 5-6-2019 ATM by Art. 26]
(d) 
There shall be no trading or sale of merchandise regularly conducted except for products made on the premises or of parts of other items customarily maintained in connection with and incidental to the accessory use.
[Amended 5-6-2019 ATM by Art. 26[1]]
[1]
Editor's Note: This article also repealed former Subsection B(2), which immediately followed and allowed any accessory use necessary in connection with scientific research or scientific development by special permit for use and dimension.
C. 
Boarders. In an owner occupied dwelling unit, the taking of boarders or the leasing of rooms by an owner shall be considered as an accessory use, provided; no more than five boarders in three rooms shall be allowed in any dwelling unit; no separate cooking facilities are maintained; and that no sign shall be displayed advertising or otherwise calling attention to such use of the premises. (Refer to § 200-17B for parking requirements.)
[Amended 5-6-2019 ATM by Art. 26]
D. 
Portable residential storage trailers/boxes shall be allowed in a Residence District for not more than three months cumulative in any twelve month period. Notwithstanding the foregoing, a portable self-storage unit serving a construction project with an active building permit is exempt.
[Added 5-6-2019 ATM by Art. 26; amended 5-6-2019 ATM by Art. 28]
E. 
Exceptions. Sheds which are no greater than 81 square feet, no taller than 15 feet and are no closer to the lot lines than one-half the required distance for the side and rear lot lines and in conformance with the front yard set-back requirements under the table of dimensional controls may be constructed by right.
[Added 5-6-2019 ATM by Art. 26; amended 5-6-2019 ATM by Art. 29]
F. 
Accessory dwelling units which meet the provisions of § 200-42 of this bylaw.
[Added 5-1-2023 ATM by Art. 39]
[Added 5-5-1997 ATM by Art 24; amended 5-5-1998 ATM by Art. 28]
Auxiliary uses are not principal uses and can be located and allowed as a matter of right provided they are located within or on a preexisting nonresidential principal use building or structure.
A. 
Wireless communications antennas.
(1) 
Wireless communication antennas are pole or panel style antennas (not lattice-style antennas, ground or surface boxes) which are designed to facilitate cellular telephone service, personal communications service and enhanced specialized mobile radio service.
(2) 
Wireless communication antennas must obtain a building permit prior to construction/installation.
(3) 
In the event that an antenna is affixed to an existing nonresidential building or structure, such antenna shall not exceed 15 feet in height above the level of the point of its attachment to the building or structure. A special permit for use and dimension from the Board of Appeals may be granted for heights which exceed 15 feet.
(4) 
In the event that an antenna is concealed completely in a preexisting nonresidential building (e.g., steeples) plans for a proposed concealed antenna shall be submitted to the Building Commissioner for a written determination that the antenna is not visible.
(5) 
Antennas used solely and exclusively for ham radio operation and television are allowed as a matter of right and are excluded from this section.
(6) 
Only one wireless communication antenna is allowed per preexisting nonresidential building as a matter of right. Additional antennas must obtain a wireless communication special permit from the Planning Board.
(7) 
Any wireless communication antenna proposed within the Old and Historic District must first obtain written permission from the Old and Historic District Commission.[1]
[1]
Editor's Note: See Ch. 110, Old and Historic Districts.
(8) 
Wireless communication antennas shall be located on existing buildings in such a manner that their visibility is minimized.
[Added 5-6-2019 ATM by Art. 26]
(9) 
No wireless communications antenna shall exceed 15 feet in height above the level of the point of its attachment to the building or structure. A special permit from the Board of Appeals may be granted for heights which exceed 15 feet in addition to obtaining a WCF special permit.
[Added 5-6-2019 ATM by Art. 26]