Town of Marshfield, MA Article V Use Regulations

§ 305-5.01 Applicability of use regulations.

Except as provided in the Zoning Enabling Act[1] or in this bylaw, no building, structure, or land shall be used except for the purposes permitted in the district as described in this article. Any use not listed shall be construed to be prohibited.

[1] Editor's Note: See MGL c. 40A.

§ 305-5.01A Temporary outdoor seating-restaurants.

[Added 4-26-2021 STM by Art. 10]

The purpose of this section is to temporarily aid restaurants and the public recovering from the COVID-19 pandemic and to provide the Town with sufficient time to evaluate, address and regulate outdoor seating at restaurants. Notwithstanding anything in this bylaw to the contrary, all restaurants in Town, whether permitted as of right or by special permit, may, with the approval of the Board of Selectmen, provide outdoor seating as of right, including liquor service subject to approval from the ABCC if required, from the period of June 22, 2020, to December 1, 2021, whereupon this provision shall expire. Subject to all other applicable legal requirements, such outdoor seating may be located off premises. Such temporary outdoor restaurant seating use shall not require the amendment of any existing site plan. The area to be used for such outdoor restaurant seating shall not be included in the calculation of size for determining if a special permit is required for the restaurant use or in the calculation of required parking. Additionally, such outdoor seating may be located within required setbacks. The Board of Selectmen may enact regulations applicable to outdoor restaurant seating. This bylaw shall terminate and have no further force and effect on December 1, 2021, and unless this bylaw is further amended, or this section is extended, no restaurant operating outdoor seating shall continue to offer outdoor seating without the required special permit, design review approval and site plan approval, if any.

§ 305-5.02 Permitted uses.

A. In the following Table of Use Regulations, the uses permitted by right in the district shall be designated by the letter (P). Those uses that may be permitted by special permit in the district, in accordance with Article X, shall be designated by the letter (S). Uses designated (-) shall not be permitted in the district.

B. Notwithstanding any other provision of this bylaw, the following lots owned by the Town may be used for beach parking, for residents and nonresidents, during the months of May, June, July, August and September of each year: Marshfield Assessor's Map Lots M05-05-86 Beach Street and M07-03-01 Dyke Road. Any provisions of this bylaw which may be deemed to require that such lots be paved prior to such use shall not apply thereto. The provisions of Article VIII of this bylaw shall not apply to such use.

§ 305-5.03 Uses subject to other regulations.

A. Uses permitted by right or by special permit shall be subject, in addition to use regulations, to all other provisions of this bylaw.

B. There shall not be any business operation for vehicle repair for profit or gasoline or oil service facilities or any repair made to any motor vehicles, except on a lot occupied by a permitted automotive use. Any gasoline or oil facilities shall be at least 25 feet from any lot line.

C. Notwithstanding any other provisions of this bylaw, the following uses shall be prohibited in the recharge areas of surface water drinking supplies as defined by the Massachusetts Department of Environmental Protection and as shown on the Marshfield Zoning Map, as amended, and in areas within the zone of contribution of existing or potential public supply wells as defined by said Department:

(1) Sewage treatment facility.

(2) Sanitary landfill.

(3) Incinerator.

(4) Application and storage of sludge and/or septage.

D. The B-1 Zoning District shall be considered a mixed-use district as defined within this bylaw. Allowable uses within a mixed-use district are as shown in the underlying zoning districts in which the use is proposed as shown in the Table of Use Regulations unless otherwise specified herein.

§ 305-5.04 Table of Use Regulations.

[Amended 5-1-2008 ATM by Art. 22; April 2010 ATM by Art. 22; April 2011 ATM; 4-22-2013 ATM by Arts. 12 and 20; 4-29-2014 ATM by Art. 15; 5-5-2014 ATM by Art. 17; 10-27-2014 STM by Art. 17; 10-26-2015 STM by Art. 9; 4-23-2018 ATM by Arts. 15 and 18; 10-15-2018 STM by Art. 20; 10-18-2021 STM by Art. 14; 10-18-2021 STM by Art. 15; 10-18-2021 STM by Art. 19; 10-18-2021 STM by Art. 20; 10-18-2021 STM by Art. 27]

See table attached to this bylaw which is declared to be a part of this bylaw. In addition, uses are subject to Articles XI, XIII and XV where appropriate.[1]

Uses			Residential				Business					Industrial		Overlay
			R-1	R-2	R-3	RB	B-1	B-2	B-3	B-4	OP	I-1	A	PMUD	WRPD	BRVO
KEY: S = Special Permit Required P = Use Permitted — = Prohibited Use
Principal Uses
Residential
1.	One-family detached dwelling		P	P	P	P	—	S	P	P	—	—	—	—	P	P
2.	Open space residential development (see § 305-11.04)		S	S	S	S	—	—	—	—	—	—	—	—	S	—
3.	Age-restricted adult village (see § 305-11.08)		S	S	S	S	—	—	—	—	—	—	—	S	S	—
4.	Small-scale ground-mounted wind energy conversion facilities		S	S	S	S	S	S	S	S	S	S	—	S	S	S
5.	Building-mounted wind energy conversion facilities		S	S	S	S	S	S	S	S	S	S	—	S	S	S
6.	Mixed-use building (see § 305-13.05, Brant Rock Village Overlay District)		—	—	—	—	—	—	—	—	—	—	—	—	—	S
7.	Mixed-use building in the PMUD (see § 305-13.06) * also requires a WRPD special permit (see § 305-13.03) when located inside the WRPD overlay		—	—	—	—	—	—	—	—	—	—	—	S	S*	—
8.	Mixed-use building in the B-1 District (see § 305-11.16)		—	—	—	—	S	—	—	—	—	—	—	—	—	—
9.	Affordable Village attached dwellings (see § 305-13.06 PMUD) *Affordable Village only in the WRPD within the PMUD		—	—	—	—	—	—	—	—	—	—	—	S	S*	—
Community Facilities
1.	Church or other religious purposes		P	P	P	P	P	P	P	P	P	P	P	P	P	P
2.	Educational purposes which are religious sectarian, denomination or public		P	P	P	P	P	P	P	P	P	P	P	P	P	P
3.	Nursery school		P	P	P	P	—	—	—	—	—	—	—	S	S	—
4.	Public park, conservation area and preserved open spaces including areas for passive recreation, but not including active recreational facilities		P	P	P	P	P	P	P	P	P	P	P	P	P	P
5.	Nonprofit recreational facility, not including a membership club		S	S	S	S	S	—	S	S	—	—	S	S	S	S
6.	Country, hunting, fishing, tennis, or boating club		S	S	S	S	—	—	S	S	—	S	S	S	S	S
7.	Day camp or other camp for children		S	S	S	S	—	—	—	—	—	—	—	P	—	—
8.	Town building except public works equipment garage		P	P	P	P	P	P	P	P	—	P	P	P	S	P
9.	Cemetery		S	S	S	—	—	—	—	—	—	—	—	S	—	—
10.	Public libraries, museums, historical association or society, nonprofit cultural institutions		P	P	P	P	P	P	P	P	P	—	—	P	S	P
11.	Hospital, sanitarium or philanthropic institutions		S	S	S	—	—	—	—	—	—	—	—	S	—	—
12.	Nursing, rest or convalescent home not to exceed 24 beds per acre		S	S	S	S	—	S	—	—	—	—	—	S	—	—
13.	Town equipment garage		—	S	—	S	—	P	—	—	—	P	P	P	—	—
14.	Public utility including water filter plant, sewage treatment facility and refuse facility		S	S	S	S	S	S	S	S	—	S	S	S	S	S
15.	Essential services		P	P	P	P	P	P	P	P	P	P	P	S	S	P
16.	Golf course or facility		S	S	S	—	—	—	S	S	—	—	S	S	—	S
17.	Indoor athletic facilities including indoor skating rinks		—	—	—	—	S	S	S	—	—	S	—	S	S	—
18.	Municipal utility-scale wind energy conversion facility		S	S	S	S	S	S	S	S	S	S	—	S	S	S
19.	Municipal building-mounted wind energy conversion facilities		S	S	S	S	S	S	S	S	S	S	—	S	S	S
20.	Municipal small-scale ground-mounted wind energy conversion facilities		S	S	S	S	S	S	S	S	S	S	—	S	S	S
21.	Medical marijuana facility		—	—	—	—	—	—	—	—	—	S	—	—	—	—
22.	Recreational marijuana establishment (see § 305-12.06) *only in the WRPD within the I-1 district excluding the PMUD		—	—	—	—	—	—	—	—	—	S	—	—	S*	—
23.	Combined medical and recreational marijuana establishment (shall meet the requirements of both §§ 305-12.05 and 305- 12.06) *only in the WRPD within the I-1 district excluding the PMUD		—	—	—	—	—	—	—	—	—	S	—	—	S*	—
Agricultural
1.	Agriculture, horticulture, and floriculture, including marine agriculture and the catching and taking of marine flora and fauna and the seeding of catchment areas, except a greenhouse or stand for retail sale		P	P	P	P	P	P	P	P	P	P	P	P	P	P
2.	Year-round greenhouse or stand for wholesale and retail sale of agricultural or farm products raised primarily on the same premises		S	S	S	P	S	—	P	—	P	P	S	P	S(1)	—
3.	Temporary (not to exceed erection or use for period exceeding 5 months in any 1 year) greenhouse or stand for retail sale of agricultural or farm products raised primarily on the same premises		P	P	S	P	—	—	S	—	P	P	S	P	S(1)	—
4.	Raising and keeping of livestock, horses and poultry, not including the raising of swine or fur animals for commercial use		P	P	P	S	—	—	—	—	—	—	—	—	S(1)	—
5.	Commercial stables, kennels or veterinary hospital in which all animals, fowl or other forms of animal life are completely enclosed in pens or other structures		S	—	—	S	S	S	—	—	S	—	—	—	S(1)	—
6.	Noncommercial forestry and growing of all vegetation		P	P	P	P	P	P	P	P	P	P	P	P	P	P
7.	Commercial forestry		S	S	—	—	—	—	—	—	—	S	S	S	S(1)	—
8.	Year-round greenhouse or stand for wholesale and retail sale of agricultural or farm products		—	—	—	P	—	P	—	—	—	—	—	P	—(1)	—
	(1) Applies only to lots under 5 acres in size.
Retail and Service
1.	Retail establishment selling principally convenience goods, including but not limited to: food, drugs and proprietary goods (but not including the sale of gasoline)
	a.	With a maximum floor area limitation of 8,000 square feet for any single establishment	—	—	—	—	P	S	P	P	—	—	—	S	S	P
	b.	With no limitation with respect to floor area	—	—	—	—	S	—	—	—	—	—	—	S	S	—
2.	Retail establishment selling general merchandise, including but not limited to dry goods, apparel and accessories, furniture and home furnishings, home equipment, small wares, and hardware and including discount and limited price variety stores
	a.	With a maximum floor area limitation of 8,000 square feet for any single establishment	—	—	—	—	P	S	S	S	—	—	—	S	S	S
	b.	With no limitation with respect to floor area	—	—	—	—	S	—	—	—	—	—	—	—	—	—
3.	Eating and drinking places not including drive-in establishments		—	—	—	S	P	P	P	P	—	—	—	S	S	P
4.	Drive-in eating establishments		—	—	—	—	S	S	—	S	—	—	—	S	S	S
5.	Sales by vending machines as a principal use		—	—	—	—	P	P	—	S	—	—	—	—	P	S
6.	Establishment selling new or new and used automobiles and trucks, new automobile tires and other accessories, aircraft, motorcycles and household trailers		—	—	—	S	—	P	—	—	—	—	—	—	—	—
7.	Establishment selling boats and boat accessories		—	—	—	—	—	P	P	P	—	—	—	—	—	P
8.	Establishments selling or renting aircraft and aircraft accessories or repairing aircraft		—	—	—	—	—	S	—	—	—	—	P	—	—	—
9.	Hotels and motels		—	—	—	S	—	S	—	—	—	S	S	S	S	—
10.	Bank		—	—	—	P	P	P	P	P	—	—	—	S	S	P
11.	Other personal and consumer service establishment		—	—	—	P	P	P	P	P	—	—	—	S	S	P
12.	Funeral establishment		—	—	—	P	P	P	—	—	P	—	—	—	S	—
13.	Membership club		S	S	S	P	P	P	—	P	—	—	S	S	S	P
14.	Professional and business offices and services
	a.	With a maximum floor area limitation of 8,000 square feet for any single establishment	—	—	—	P	P	P	S	S	P	P	P	S	S	S
	b.	With no limitation with respect to floor area	—	—	—	—	S	S	S	—	S	S	S	S	S	—
15.	Governmental offices and post offices		—	—	—	S	P	S	S	S	S	S	P	—	S	S
16.	Gasoline sales, automotive repair, automobile service station or garage (not including a junkyard or open storage of abandoned automobiles or other vehicles), and including the sale of convenience goods, including but not limited to food, drugs and proprietary goods		—	—	—	S	—	S	S	—	—	—	—	—	—	—
17.	Boat marina or boat yard		—	—	S	—	—	—	—	P	—	—	—	—	—	P
18.	Miscellaneous business repair		—	—	—	S	P	S	—	—	—	S	—	S	S	—
19.	Motion-picture establishment outdoor		—	—	—	—	—	S	—	—	—	—	—	—	S	—
20.	Motion-picture establishment indoor		—	—	—	—	S	S	—	S	—	—	—	S	S	S
21.	Other amusement and recreation service, outdoor, except amusement parks		—	—	—	—	—	S	—	S	—	—	—	S	S	S
22.	Other amusement and recreation service, indoor, except coin-operated amusement devices		—	—	—	—	S	S	—	S	—	—	—	S	S	S
23a.	Communications tower containing wireless communications facilities (in compliance with height requirements of § 305-6.02) (see § 305-11.12)		S	S	S	S	S	P	P	P	P	P	P	S	P	P
23b.	Other communications tower containing wireless communications facilities (see § 305-11.12)		S	S	—	—	—	S	—	—	—	S	S	S	—	—
24.	Commercial parking lot (see Article VIII)		—	—	S	S	P	S	P	S	—	S	S	S	S	S
25.	Filling of land or water area (see § 305-11.03)		S	S	S	S	S	S	S	S	S	S	S	S	S	S
26.	Planned business development (see § 305-13.06)		—	—	—	—	S	S	S	S	—	—	S	S	S	S
27.	Construction of drainage facilities (other than essential services or damming up or relocating any watercourse, water body or wetland)		S	S	S	S	S	S	S	S	S	S	S	S	S	S
28.	Residential business		—	—	—	P	—	—	—	—	—	—	—	—	—	—
29.	Adult entertainment		—	—	—	—	—	—	—	—	—	S	—	—	S(1)	—
Wholesale, Transportation and Industrial
1.	Removal of soil, loam, sand, gravel, quarry or other earth material		Now General Bylaws Chapter 70
2.	Processing and treating of raw materials including operations appurtenant to the taking, such as grading, drying, sorting, crushing, grinding and milling operations (see § 305-11.02)		—	—	—	S	S	S	—	—	—	S	S	—	—	—
3.	Construction industry including suppliers		—	—	—	P	S	P	—	—	—	P	—	S	S	—
4.	Manufacturing		—	—	—	—	—	—	—	—	—	S	—	S	S	—
5.	Bakery, laundry		—	—	—	—	S	P	—	—	—	—	—	S	S	—
6.	Motor freight terminal and warehousing		—	—	—	—	—	—	—	—	—	S	—	S	—	—
7.	Bus passenger terminal		—	—	—	—	P	P	—	—	—	P	—	P	—	—
8.	Heliport		—	—	—	—	—	—	—	—	—	S	P	S	—	—
9.	Airport and airport facilities		—	—	—	—	—	—	—	—	—	—	P	—	—	—
10.	Other transportation services		—	—	—	—	S	S	S	S	—	S	S	S	—	S
11.	Wholesale trade and distribution		—	—	—	—	—	S	—	—	—	S	—	S	S	—
12.	Open storage of raw materials, finished goods, or construction equipment and structures for storing such equipment		—	—	—	P	—	P	—	—	—	S	—	S	—	—
13.	Research offices or establishments devoted to research and development activities limited to Biosafety Levels 1 and 2
	a.	With a maximum floor area limitation of 8,000 square feet for any single establishment	—	—	—	—	—	P	—	—	P	P	P	S	S	—
	b.	With no limitation with respect to floor area	—	—	—	—	—	S	—	—	S	S	S	S	S	—
14.	Planned industrial development (see § 305-11.06)		—	—	—	—	—	—	—	—	—	S	S	S	S	—
15.	Dry-cleaning plant		—	—	—	—	S	P	—	—	—	S	—	S	—	—
16.	Automobile graveyards and/or junkyards		—	—	—	—	—	—	—	—	—	—	—	—		—
17.	Utility-scale wind energy conversion facility		S	S	S	S	S	S	S	S	S	S	—	S	S	S
18.	Building-mounted wind energy conversion facilities		S	S	S	S	S	S	S	S	S	S	—	S	S	S
19.	Small-scale ground-mounted wind energy conversion facilities		S	S	S	S	S	S	S	S	S	S	—	S	S	S
20.	Renewable or alternative energy research and development facilities in buildings 50,000 square per feet or greater		—	—	—	—	—	—	—	—	—	P*	—	P*	—	—
21.	Large-scale ground-mounted photovoltaic installations producing 250 KW DC or greater		—	—	—	—	—	—	—	—	—	P*	SP		—	—
22.	Micro-brewery/processing		—	—	—	—	S	—	—	—	—	P	—	P	S	—
Accessory Uses
1.	Home occupation (see § 305-11.07)		S	S	S	P	P	P	P	P	—	—	—	—	S	P
2.	Private day nursery or kindergarten, provided it shall not occupy more than 40% of the gross floor area of the structure and there shall be a minimum of 75 square feet of outside play area for each enrolled child		P	P	P	P	—	—	—	—	—	—	—	—	P	—
3.	Accessory professional office of a licensed medical or dental practitioner, lawyer, engineer, optometrist or public accountant in an existing dwelling		S	S	S	P	P	P	P	P	P	—	—	—	S	P
4.	Accessory building such as a greenhouse, toolshed, private swimming pool, or similar accessory structure, subject to provisions of Article VI		P	P	P	P	P	P	P	P	—	S	P	S	P	P
5.	Accessory private garage for not more than 3 noncommercial motor vehicles, and, except on a farm, not more than 1/2 ton rated or less in size commercial motor vehicle		P	P	P	P	P	P	—	P	—	—	—	—	P	P
6.	Accessory storage of a trailer, unregistered automobile, boat or accessory marine agriculture equipment provided it shall either be stored within a principal or accessory building or not less than 25 feet from any front lot line and 10 feet from any side lot line and it shall not be used for dwelling or sleeping purposes; maximum number: 2 trailers and autos and boats		P	P	P	P	P	P	—	P	—	—	—	—	P	P
7.	Accessory repair and storage facilities in any retail sales or consumer established provided it shall not occupy more than 25% of the gross floor area		—	—	—	P	P	—	P	P	—	—	—	—	S	P
8.	Accessory outside storage clearly necessary to the operation and conduct of a permitted principal wholesale, transportation, industrial and/or commercial use		—	—	—	S	S	S	S	S	—	P	P	P	S	S
9.	Accessory manufacturing use provided it shall not occupy more than 25% of the gross floor area of the building and it shall not be located within 100 feet of any R District or within 50 feet of any street lot line		—	—	—	P	S	P	—	—	—	P	P	P	S	—
10.	Accessory building to a nonresidential principal use occupied by a person employed on the premises and his immediate family, unless such structure is located in the rear of the principal building and has no immediate street frontage		—	—	—	S	P	S	P	S	—	S	S	S	P	S
11.	Newsstand, barbershop, dining room or cafeteria and similar accessory services only for occupants or users thereof within a hotel, office or industrial building, hospital containing more than 50 sleeping rooms, or transportation terminal facility		P	P	P	P	P	P	P	P	S	P	P	S	P	P
12.	Up to 2 lodging units in an existing dwelling		P	P	P	P	S	S	S	P	—	—	—	—	P	P
13.	Accessory signs subject to the provisions of Article VII		P	P	P	P	P	P	P	P	P	P	P	P	P	P
14.	Accessory off-street parking and loading spaces as required in Article VIII		P	P	P	P	P	P	P	P	P	P	P	P	S	P
15.	Licensed day-care centers		P	P	P	P	P	P	P	P	P	P	P	P	S	P
16.	Trailers: To be used as a temporary office in connection with a construction project provided that the use is authorized by the Board of Selectmen and further provided that the trailer is not used for family habitation; trailers to be parked and occupied for a period of not more than 6 months by the owner of the premises provided that the use is authorized by the Board of Selectmen and further provided that such owner is in the process of constructing or reconstructing a house thereon for his own occupancy and further provided that there are suitable facilities for running water and sanitary sewage disposal as approved by the Board of Health and further provided that not more than 1 6-month extension is granted; trailers to be parked and occupied for family use for a period of not more than 10 days provided that the use is authorized by the Board of Selectmen and further provided that there are suitable facilities for running water and sanitary sewage as approved by the Board of Health; for the purpose of this bylaw, a trailer shall be defined to be any trailer-type body, whether mobile or immobile		P	P	P	P	P	P	P	P	P	P	P	P	P	P
17.	Agricultural: raising and keeping of livestock, horses and poultry, not including the raising of swine or fur-bearing animals for commercial use		P	P	P	P	—	—	—	—	—	—	—	—	P	—
18.	Accessory noncommercial kennel upon any lot occupied by an owner or tenant as a dwelling house provided that all dogs kept on such lot must be owned by the occupant		P	P	P	P	P	P	P	P	P	P	P	P	P	P
19.	Accessory apartment (see § 305-11.09)		S	S	S	—	S	S	—	—	—	—	—	S	P	—
20.	Accessory commercial parking lot to be operated only during the time events are being conducted on the property of the Marshfield Fairgrounds, such parking lot to be used solely for the purpose of providing parking for persons attending the Marshfield Fair or events on the Marshfield Fairgrounds		P	P	P		P	P	P	P	—	—	—	—		P
21.	Accessory barn: accessory barn for noncommercial use for agriculture, horticulture, floriculture, and related storage purposes		P	S	S	—	—	—	—	—	—	—	—	—	S	—
22.	Accessory communications tower to a nonresidential use (in compliance with height requirements of § 305-6.02) (see § 305-11.12)		S	S	S	S	S	P	P	P	P	P	P	P	P	P
23.	Accessory communications tower to a nonresidential use (not in compliance with height requirements of § 305-6.02) (see § 305-11.12)		S	S	S	—	S	—	—	—	—	S	S	—	—	—
24.	Wireless communication facility (placed on existing tower complying with § 305-6.02)		S	S	S	S	S	P	P	P	P	P	P	S	P	P
25.	Wireless communications facility (located on a tower not in compliance with § 305-6.02 or other nonresidential structure)		S	S	S	S	S	S	S	S	S	S	S	S	S	S
26.	Automatic teller machines, excluding drive-through facilities		—	—	—	—	P	P	P	P	—	—	—	P	—	P
27.	Accessory photovoltaic installations over parking lots		S	S	—	—	P	P	P	P	P	P	P	P	S	S
*	=	Expedited permitting: The by-right site plan approval process administered by Board of Appeals for renewable or alternative energy research and development facilities in buildings 50,000 square feet or greater shall be completed within one year of the date of submission of a complete application package. All other locally required permits for renewable or alternative energy research and development facilities in buildings 50,000 square feet or greater shall also be issued within one year of the date of submission of a complete application package.

[1] Editor's Note: Original § 5.05, Temporary moratorium on medical marijuana treatment centers, which immediately followed this section and was added 4-22-2013 STM by Art. 11, has been removed as the moratorium expired on 5-30-2014.