[Amended 5-3-2011 STM by Art. 23]
Except as provided by the Zoning Act or this bylaw, in each district no building, structure, water body or lot shall be used or occupied except for a purpose which is authorized by the Table of Use Regulations in the zoning district wherein the land is located, and, if the land, building, structure or water body is located in a Drinking Water Resource Protection District, said land shall not be used or occupied except for a purpose permitted in the underlying zoning district as well as the Drinking Water Resource Protection District. Any use not listed shall be construed to be prohibited. Personal wireless service facilities shall be exempt from the use regulations contained in this bylaw when located on land owned by the Town of Harwich.
[Amended 9-26-2020 ATM by Art. 22]
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 §§
325-51 and
325-53, shall be designated by the letter (S). Uses designated (-) shall not be permitted in the district. Any use presently listed as a permitted use in the Table of Use Regulations shall be designated as a special permit if the use proposes a structure or structures having a gross floor area of more than 7,500 square feet or 20 or more new parking spaces on the site, except that single-family, multifamily, religious and educational uses shall be exempt from this provision. Some uses listed in the table as allowed as of right (P) or on special permit (S) require a special permit under the site plan provisions of this bylaw.
The following uses are strictly prohibited in all zoning districts:
A. Trailers used for dwelling purposes, when occupied on said premises.
B. Food sales with drive-up or drive-through facilities.
C. Airport, landing strip and helicopter pad, except for emergency purposes.
D. Bituminous concrete or cement mixing plants or establishments.
E. Metal plating establishments.
F. Chemical and bacteriological laboratories.
G. Uses involving the storage of commercial fertilizers as defined in MGL c. 128, § 64 unless such storage is within a structure designed to prevent the generation and escape of contaminated runoff or leachate.
H. Nonresidential uses involving the generation, storage, treatment or disposal of hazardous materials as defined in MGL c. 21E unless such storage is above ground level, on an impervious surface, and in an area that has a containment system designed and operated to hold either 10% of total possible storage capacity of all containers or 110% of the largest container's storage capacity, whichever is larger.
I. Use involving the storage of animal manure unless said storage is in a manner consistent with all applicable state and local regulations relative thereto and as determined by the Board of Health.
J. The commercial raising or keeping, for use or sale, of swine or fur-bearing animals.
K. Consistent with M.G.L. c. 94G, § 3(a)(2), all types of nonmedical "marijuana establishments" as defined in M.G.L. c. 94G, § 1, including marijuana cultivators, independent testing laboratory, marijuana product manufacturers, marijuana retailers or any other types of licensed marijuana-related businesses, shall be prohibited within the Town of Harwich.
[Added 5-7-2018 ATM by Art. 34]
Uses permitted by right or by special permit shall be subject to applicable regulations set forth in this bylaw. Uses permitted by variance from the Board, or changes or extensions of nonconforming uses on permit from the Board, shall be required to comply with all applicable provisions of this bylaw not specifically and expressly varied by the Board. The grant of one form of relief by the Board shall not constitute a finding that all other elements of the project or proposal comply with applicable zoning bylaws.
No building designed and intended for residential or commercial use or occupation shall be so occupied until any related road construction or improvements have been completed in accordance with Planning Board requirements and the Planning Board has released the road construction covenant or other security provided to the Board pursuant to MGL c. 41, § 81U. Notwithstanding the foregoing, if in the opinion of the Board actual construction of the road or road improvements has been completed in a manner sufficient to warrant occupancy of the building or buildings while the balance of the work is completed, the Board may so certify to the Building Official. Thereafter, the Inspector shall not withhold a certificate of occupancy for said building based on noncompliance with this provision.
The Table of Use Regulations is included at the end of this bylaw. The Table of Use Regulations is divided into paragraphs as follows:
A. Paragraph I, Residential Uses.
B. Paragraph II, Public and Quasi-Public Uses.
C. Paragraph III, Agricultural and Related Uses.
D. Paragraph IV, Commercial Uses.