[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. "Yes" means the use is allowed as a matter of right, subject to any additional requirements specified in §
200-7, 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.
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.)
[Amended 5-5-1997 ATM by Art. 24; 5-5-1998 ATM by Art. 28]
(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.
[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.
(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]