Except as herein provided, the provisions of
this chapter shall apply to the erection, construction, reconstruction,
alteration or use of buildings or structures or use of land. Except
as herein provided, any existing nonconforming use, structure or lot
shall not become further nonconforming.
This chapter shall not apply to an existing
building or structure, nor to the existing use of any building, structure
or land, to the extent to which it is legally used at the time of
adoption of this chapter, but it shall apply to any change of use
thereof and to:
A.
Any alteration of a building or structure when the
same would amount to reconstruction, extension or structural change.
B.
Any alteration of a building or structure to provide
for its use for a purpose or in a manner substantially different from
the use to which it was put before alteration or for its use for the
same purpose to a substantially greater extent.
[Amended 11-8-2004 RTM by Arts. 33, 34]
In cases of mixed occupancy, the regulation for each use shall apply to the portion of the building or land so used. Combinations of permitted uses within a single building are permitted, provided that health and safety regulations are followed. Proposed new buildings that mix residential and nonresidential uses are allowed by right within a Creative Development Overlay District under the provisions of § 190-95, Creative development; require a special permit from the Planning Board under § 190-94 if within a Mixed Use Overlay District; and in all other cases require a special permit from the Board of Appeals.
It is the purpose and intent of this article to list those uses which are specifically allowed or specifically prohibited in the various zoning districts listed in Article III of this chapter. Any use not listed herein is prohibited.
Except as provided in this chapter, no building,
structure or land shall be used except for the purpose permitted in
the district, by right or by special permit, as described in this
chapter.
Uses permitted by right or by special permit
shall be subject, in addition to use regulations, to all other provisions
of this chapter.
Residing or living in trailers and/or mobile
homes is not allowed in the Town of Wakefield, with the following
exceptions:
A.
The owner or occupier of a residence which has been
destroyed by fire or other natural holocaust may place a mobile home
on the site of such residence and reside in such home for a period
not to exceed 12 months while the residence is being rebuilt. Any
such mobile home shall be subject to the provisions of the State Sanitary
Code.
B.
Trailers and/or mobile homes used on construction
projects as offices or places of storage must have a permit from the
Building Inspector to be used as such and may be used only for the
time limit as stated on the permit. If the time expires, a new permit
will be needed.
A home occupation is an accessory use which
is incidental and subordinate to a single-family-dwelling use. Home
occupations allowed by right include dressmaking, teaching of not
more than two students simultaneously and offices of medical doctors,
dentists, attorneys, architects or certified public accountants. Other
home occupations that are quiet and noncommercial in nature may be
allowed by special permit from the Board of Appeals, provided that
they meet the following conditions, which apply to all home occupations:
A.
No nonresident shall be employed therein, except that
a physician, dentist or other medical professional may employ one
nonresident. An attorney, architect, certified public accountant or
other allowed home occupation may employ one nonresident upon issuance
of a special permit by the Board of Appeals.
B.
The use is carried on strictly within the principal
building.
C.
There shall be no exterior alterations or accessory
buildings on display which are not customary with residential buildings.
No signs, other than a single identifying sign not exceeding two square
feet in area, shall be permitted.
D.
Not more than 25% of the existing gross floor area
of the dwelling unit, not to exceed 700 square feet, is devoted to
such use. In connection with such use, there is to be kept no stock-in-trade,
commodities or products which occupy space beyond these limits.
E.
There shall be no display of goods or wares visible
from the street. No retail or wholesale sales or services to customers
or clients shall take place on the premises, except as provided herein.
F.
The building or premises occupied shall not be rendered
objectional or detrimental to the residential character of the neighborhood
due to its exterior appearance or emission of odor, gas, smoke, dust,
noise or disturbance or in any other way become objectional or detrimental
to any residential use within the neighborhood.
G.
Any such building shall include no feature of design
not customary in buildings for residential use.
H.
If business clients or pupils come to the house for
consultation or instruction on a regular basis, a special permit shall
be required from the Board of Appeals.
The seasonal outdoor display and sale of fresh
fruits, vegetables and nursery plants which were raised on the premises
is permitted in the Single Residence and Special Single Residence
Districts, provided that such displays and sales are limited to the
summer growing season and sufficient parking facilities for customers
are available.
Private swimming pools are allowed in all residential
districts, provided that they:
A.
Conform to the yard requirements for accessory buildings.
B.
Are surrounded by a wall, barrier or uniform fence
of at least five feet in height designed to discourage unauthorized
access to the pool.
C.
Are, if constructed below grade, equipped with a permanently
installed drainage system designed to prevent overflow onto adjacent
ways.
A.
Unregistered vehicles. The ungaraged parking of an
unregistered car, truck or trailer is not permitted in any residential
district unless specifically authorized by the Board of Appeals by
special permit. No such vehicle shall be stored between the principal
building and a street line.
B.
Other vehicles.
[Amended 5-6-1996 ATM by Art. 39]
(1)
The allowable number of commercial vehicles which
may park in a residential district shall be as follows:
(a)
Special Single Residence District. No more than
one commercial vehicle shall be parked on one lot.
(b)
Single Residence District. No more than one
commercial vehicle shall be parked on one lot.
(c)
General Residence District. No more than one
commercial vehicle per dwelling unit shall be parked on one lot.
(2)
A special permit is required if the number of commercial
vehicles exceeds the above number.
(3)
The parking of commercial vehicles in a residential
district is subject to the following regulations:
(a)
The vehicle shall not exceed one-ton capacity
(manufacturer's rating).
(b)
The vehicle shall not be loaded with flammable,
noxious or dangerous materials.
(c)
The vehicle shall be permitted only if used
as a means of transportation to and from the resident's place of business.
(d)
The vehicle shall be parked within the property
lines of the lot but shall not be parked in the area immediately in
front of the principal dwelling unless the area is paved and leads
to a garage.
A.
Residential accessory uses.
(1)
Single-family. Single-family residential accessory
uses shall include the following:
(b)
Private swimming pool, provided that a fence
or protective barrier not less than five feet in height and having
self-latching devices on all gates shall be installed and maintained
so as to completely enclose the swimming pool. All latches shall be
located not less than four feet above ground.
(c)
Temporary yard, lawn or garage sales with permit
(one day a year).
(d)
Garage for parking noncommercial vehicles.
(e)
Storage shed or barn not exceeding 1,200 square
feet in area or 25 feet in height.
(f)
Accessory apartments.
[Added 5-10-1993 ATM by Art. 34]
[1]
Purpose and intent. It is the specific purpose
and intent of allowing accessory apartments within one-family properties,
except where enforceable deed covenants prohibit the same, in all
one-family residence districts to meet the special housing needs of
families. To help achieve these goals and to promote the other objectives
of this chapter, specific standards are set forth below for such accessory
apartment uses.
[2]
Accessory apartments may be created only within
single-family dwellings which are located on lots meeting the minimum
lot area and width requirements of the applicable zone.
[3]
Owner occupancy required. The owner(s) of the
one-family lot upon which the accessory apartment is located shall
occupy at least one of the dwelling units on the premises. The special
permit shall be issued to the owner of the property. Should there
be a change in ownership, a change in the residence of the owner or
the death or removal of the surviving parent or family member occupying
the accessory apartment, the special permit use and the certificate
of occupancy for the accessory apartment shall become null and void.
Within 90 days of the death or removal of the surviving parent or
family member, or prior to a change in ownership or residence, the
second kitchen shall be removed and the house shall revert to a single-family
status. Should the new owner decide to live in the structure and desire
to continue the use of the second dwelling unit, he shall apply to
the Zoning Board of Appeals for a special permit. The owner-applicant
shall be required to file on the subject property a declaration of
covenants prior to the issuance of a special permit for an accessory
apartment. This declaration shall be in favor of the Town of Wakefield
and state that:
[a]
The special permit for an accessory
apartment or any renewal of said special permit shall terminate upon
the death of the undersigned and the spouse of the undersigned or
upon the transfer of title to said premises or upon the undersigned
no longer occupying the premises as his principal residence.
[b]
The new owner of the premises shall
have to apply to the Zoning Board of Appeals for a special permit
to continue the accessory apartment.
[4]
The special permit shall be issued on a year-to-year
basis, and the Board of Appeals shall not renew any such permit where
the need for such accessory use no longer exists. The Board shall
require a bond or surety to insure that any improvements made shall
be removed at the expiration of such special permit or the sale of
the premises, whichever occurs first.
[5]
An accessory apartment must be located in the
principal dwelling, provided that such principal dwelling conforms
to the other requirements of this chapter, unless a variance therefor
shall have been granted by the Zoning Board of Appeals.
[6]
Apartment size. The minimum floor size for an
accessory apartment within a principal dwelling building shall be
300 square feet, but in no case shall it exceed 25% of the habitable
area of the dwelling in which it is located, unless in the opinion
of the Zoning Board of Appeals a greater or lesser amount of floor
area is warranted by the specific circumstances of the particular
building.
[7]
The accessory apartment shall not involve the
extension or enlargement of the principal dwelling, except to provide
access or egress, nor shall it change the single-family characteristic
of the dwelling.
[8]
There shall be no more than one accessory apartment
for a total of two dwelling units permitted per lot.
[9]
Applications for accessory apartments shall
be subject to approval solely by the Board of Appeals.
[10]
Applications need only contain
such information to determine compliance with regulations set forth
herein.
(g)
Art/craft studio.
[Added 5-1-2017 ATM by
Art. 29]
[1]
Purpose and intent. It is the specific purpose and intent that
an art/craft studio, whether attached or detached from the principal
building, will be compatible with other permitted uses, particularly
in residential neighborhoods.
[2]
The space will be principally used as a studio for independent
arts/crafts people in the creation of their own work. Mass production
and assembly line techniques are prohibited.
[3]
The type of studio use shall be appropriate to the particular
building and its location:
[a]
The building shall be structurally sound.
[b]
The proposed studio use will not generate traffic
in volume or type in excess of that normally occurring in the adjacent
neighborhood.
[c]
No bulk storage of toxic or highly flammable materials
shall occur.
[d]
The proposed studio use shall satisfy all applicable
building, firesafety, and health codes.
[e]
Noise shall be restricted to levels customarily
permitted in the districts.
[f]
Noxious odors, dust, and/or fumes shall be effectively
disposed of and confined to the premises to avoid air pollution and
nuisance to the adjacent neighborhood.
[g]
The building will conform to dimensional regulations regulated in § 190-31C(5).
[4]
Storage of materials must be carried out within the building.
[5]
All activities conducted in an accessory structure are limited in size by the provisions governing an accessory building type outlined in § 190-22A(1)(e).
[6]
Such activity shall be carried on only by the person residing
on the premises and no more than one person, not a member of the household,
shall practice or be employed at one time per studio.
[7]
There shall be no retail sales except as may occur as an activity incidental to the exhibition permitted in § 190-22A(1)(g)[11] below.
[8]
No display of advertising signs except for a small announcement
sign having an area of not more than three square feet.
[9]
Shipping and delivery is restricted to parcel and small freight
carriers.
[10]
No more than one off-street parking space is permitted
for the art/craft accessory use.
[11]
Public exhibitions and their advertisement shall
not be permitted except as specifically authorized in the special
permit. The number and duration of any such exhibitions shall be specifically
stated, shall be for arts/crafts created on the premises, and shall
only be permitted upon finding that the residential or other prevailing
neighborhood character will not be significantly, negatively affected.
[12]
The special permit for an art/craft studio accessory
use shall terminate upon the death of the owner and the spouse of
the owner or upon transfer of title to said premises.
[13]
In issuing a special permit under this § 190-22A(1)(g) the Zoning Board of Appeals shall state the specific arts and crafts uses or range of uses being authorized for each studio granted a permit.
(2)
Multifamily. In multifamily developments, the following
accessory uses may be included if reserved for the occupants' use:
administrative offices, club rooms, common laundry room, swimming
pool and other recreational facilities.
B.
Agricultural accessory uses.
(1)
Agricultural accessory retail. The sale of natural
products raised on the premises and of articles manufactured on the
premises from such products is a permitted accessory use to commercial
farming, provided that this shall not include any salesroom or other
building for the sale or manufacture of such products unless specifically
allowed by the Table of Use Regulations.[1]
(2)
Roadside stand. The Building Inspector shall grant
a permit for a roadside stand in the districts where permitted, provided
that:
C.
Business accessory uses.
(1)
Accessory business production. Light manufacturing
or preparation of products customarily sold on the premises by the
producer to the consumer is permitted if limited to not more than
25% of the total gross floor area of the establishment and not engaging
more than five employees at one time.
(2)
Accessory drive-up service. A drive-up or drive-in
window for a bank, laundry drop or the like shall require a special
permit from the Board of Appeals to ensure that moving or waiting
cars create no hazard or obstruction on a street or parking lot used
by the general public. Drive-up service shall not constitute a nuisance
of any type and shall not operate after 11:00 p.m.
(3)
Accessory outdoor storage and display. Outdoor storage
and display accessory to a business next to a residential district
shall not be permitted within 15 feet of the district boundary.
D.
Industrial accessory uses.
(1)
Accessory parking and loading. Parking and loading accessory to an industrial use is permitted in industrial and business districts, subject to the requirements of Article VII, Parking and Loading Requirements.
(2)
Accessory outdoor storage and display. The requirements of Subsection C(3) above for business shall apply.
(3)
Accessory industrial retail. The finished products
of an industrial establishment may be sold in the enclosed premises
at retail, provided that:
(4)
Accessory employee services. Provision may be made
on the premises of an industrial or office establishment or within
an industrial park for the primary use of persons employed or having
business there to serve food, to sell small convenience articles,
to provide areas for recreation and meeting and for the provision
of a day nursery, kindergarten or day-care center.
A.
See Table 1 which is declared to be a part of this
chapter.
B.
In the following Table of Use Regulations, the uses
permitted by right in the district are designated by the letter "Y."
Those uses that are permitted by special permit in the district are
designated by the letters "SP." Those uses that are not permitted
in the district are designated by the letter "N."
Table 1
Table of Use Regulations
| |
---|---|
Legend:
| |
Y = Permitted by right
| |
SP = Permitted by special permit
| |
N = Not permitted
|
Principal Permitted Uses
|
Zoning Districts
| ||||||||||
---|---|---|---|---|---|---|---|---|---|---|---|
SSR
|
SR
|
GR
|
MR1
|
NB
|
LB
|
B
|
LI
|
I
|
Assisted Living Facility Overlay District
| ||
Residential and institutional
uses
| |||||||||||
Single-family detached dwelling
[Amended 11-8-2004 RTM by Art. 30;11-19-2015 RTM by Art. 11 ] |
Y
|
Y
|
Y
|
Y
|
Y
|
N
|
N
|
N
|
N
| ||
Open space development (see § 190-93)
[Added 11-8-2004 RTM by Art. 3011-19-2015 RTM by Art. 11 ]; amended11-8-2004 RTM by Art. 31; 11-19-2015 by Art. 11] | |||||||||||
Detached single-family units only [D-1]
|
SP2
|
SP2
|
N
|
N
|
N
|
N
|
N
|
N
|
N
| ||
Including attached dwellings [D-2]
|
SP3
|
SP3
|
N
|
N
|
N
|
N
|
N
|
N
|
N
| ||
Mixed use development (see § 190-94) [D-3]
[Added 11-8-2004 RTM by Art. 33] |
N
|
N
|
N
|
SP4
|
N
|
N
|
SP4
|
SP4
|
SP4
| ||
Creative development (see § 190-95) [D-4]
[Added 11-8-2004 RTM by Art. 34] |
N
|
N
|
N
|
Y5
|
N
|
N
|
Y5
|
Y5
|
Y5
| ||
Religious purpose
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
| ||
Nonprofit educational use, library
or museum
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
| ||
School or educational use conducted
as a business
|
N
|
N
|
N
|
N
|
Y
|
Y
|
Y
|
Y
|
Y
| ||
Charitable or philanthropic use
|
SP
|
SP
|
SP
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
| ||
Railroad local passenger station
|
N
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
| ||
Membership club (noncommercial)
|
N
|
N
|
SP
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
| ||
Agriculture, horticulture or floriculture
use, for domestic use only
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
| ||
Agriculture, horticulture or floriculture
use, site of 5 acres or more
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
| ||
Municipal recreational use
|
SP
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
| ||
Governmental administration or public
safety building
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
| ||
Home occupation (as defined in § 190-4)
|
N
|
Y
|
Y
|
N
|
Y
|
Y
|
Y
|
N
|
N
| ||
Reservation, conservation or wildlife
preserve
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
| ||
Conversion of pre-1935 dwelling to 2-family use on a lot of at least 12,000 square feet (see § 190-32G)
|
N
|
SP
|
Y
|
Y
|
Y
|
N
|
Y
|
N
|
N
| ||
Conversion of a dwelling to 3- or 4-family use on a lot of at least 13,000 square feet (see § 190-32G)
|
N
|
N
|
SP
|
N
|
N
|
N
|
SP
|
N
|
N
| ||
Telephone exchange or public utility
use, excluding any office, storage or repair use
|
N
|
SP
|
SP
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
| ||
Hospital, sanitarium or convalescent
or nursing home
|
N
|
N
|
SP
|
N
|
SP
|
SP
|
N
|
N
|
SP
| ||
Assisted living facility
[Added 5-14-2012 ATM by Art. 29] |
N
|
N
|
N
|
N
|
SP
|
SP
|
SP
|
SP
|
SP
|
SP
| |
Cemetery
|
N
|
SP
|
SP
|
N
|
Y
|
SP
|
SP
|
Y
|
Y
| ||
2-family dwelling
|
N
|
N
|
Y
|
Y
|
Y
|
N
|
Y
|
N
|
N
| ||
Mobile home park
|
N
|
N
|
N
|
N
|
N
|
N
|
N
|
N
|
N
| ||
Garden apartment or attached dwelling
complex
[Amended 11-15-2001 RTM by Art. 15] |
N
|
N
|
N
|
SP
|
N
|
SP
|
SP
|
SP
|
SP
| ||
Mid-rise apartment
[Amended 11-15-2001 RTM by Art. 15] |
N
|
N
|
N
|
SP
|
N
|
SP
|
SP
|
SP
|
SP
| ||
Day-care center
|
N
|
N
|
SP
|
SP
|
SP
|
SP
|
SP
|
SP
|
SP
| ||
Family day-care home
|
SP
|
SP
|
SP
|
N
|
SP
|
N
|
SP
|
N
|
N
| ||
Accessory use to a permitted residential
use
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
N
|
N
| ||
Accessory apartments in Single Residence uses as set forth in § 190-22A(1)(f)
[Added 5-10-1993 ATM by Art. 33] |
N
|
SP
|
N
|
N
|
N
|
N
|
N
|
N
|
N
| ||
Accessory apartments in Special Single Residence uses as set forth in § 190-22A(1)(f)
[Added 5-19-1994 ATM by Art. 36] |
SP
|
SP
|
N
|
N
|
N
|
N
|
N
|
N
|
N
| ||
Art/craft studio
[Added 5-1-2017 ATM by Art. 29] |
SP
|
SP
|
SP
|
SP
|
SP
|
N
|
SP
|
N
|
N
| ||
Business uses
| |||||||||||
Retail store or service establishment
[Amended 5-7-1992 ATM by Art. 33] |
N
|
N
|
N
|
N
|
Y
|
SP
|
Y
|
SP
|
SP
| ||
Retail, service or restaurant use accessory
to an allowed industrial or commercial use
|
N
|
N
|
N
|
N
|
Y
|
SP
|
Y
|
SP
|
SP
| ||
Drive-in retail store or service establishment
or bank
|
N
|
N
|
N
|
N
|
SP
|
SP
|
SP
|
SP
|
SP
| ||
Restaurant
[Amended 6-7-1990 ATM by Art. 38; 5-23-1994 ATM by Art. 37] |
N
|
N
|
N
|
N
|
Y
|
SP
|
Y
|
Y
|
Y
| ||
Sidewalk cafe
[Added 5-14-2012 ATM by Art. 25] |
N
|
N
|
N
|
N
|
N
|
N
|
Y
|
N
|
N
| ||
Fast food
[Amended 5-23-1994 ATM by Art. 37] |
N
|
N
|
N
|
N
|
N
|
N
|
SP
|
N
|
N
| ||
Office of a physician, dentist, lawyer
or certified public accountant (CPA) not incidental to residential
use
|
N
|
N
|
SP
|
SP
|
Y
|
Y
|
Y
|
Y
|
Y
| ||
Professional and business offices and
financial institutions
|
N
|
N
|
N
|
N
|
Y
|
Y
|
Y
|
Y
|
Y
| ||
Theater, cinema, bowling alley or other
indoor commercial amusement
|
N
|
N
|
N
|
N
|
N
|
N
|
SP
|
SP
|
SP
| ||
Hotel (intended for the occupation
of transients)
|
N
|
N
|
N
|
N
|
N
|
SP
|
SP
|
SP
|
SP
| ||
Lodging or rooming house
|
N
|
N
|
SP
|
N
|
N
|
N
|
SP
|
N
|
N
| ||
Lodging unit
|
N
|
Y
|
Y
|
N
|
N
|
N
|
Y
|
N
|
N
| ||
Restaurant, newsstand, drugstore, barbershop
or gift shop within and entered from a hotel or office building
|
N
|
N
|
N
|
N
|
N
|
Y
|
Y
|
Y
|
Y
| ||
Funeral home
|
N
|
N
|
SP
|
N
|
Y
|
N
|
Y
|
Y
|
Y
| ||
Veterinary establishment or kennel
|
N
|
N
|
N
|
N
|
N
|
N
|
N
|
N
|
SP
| ||
Municipal waste disposal facility or
transfer station under the control of the Town
|
N
|
N
|
N
|
N
|
N
|
N
|
N
|
SP
|
SP
| ||
Gasoline station
|
N
|
N
|
N
|
N
|
N
|
N
|
SP
|
SP
|
SP
| ||
Self-service laundromat or dry-cleaning
pickup station
|
N
|
N
|
N
|
N
|
Y
|
N
|
Y
|
N
|
N
| ||
Repair shop for household appliances
and equipment)
|
N
|
N
|
N
|
N
|
Y
|
N
|
Y
|
Y
|
Y
| ||
Establishment for the sale or lease
of new or used vehicles or boats, when displayed, sold or leased from
the licensed premises
[Amended 5-3-1993 ATM by Art. 38] |
N
|
N
|
N
|
N
|
N
|
N
|
SP
|
N
|
SP
| ||
Auto repair garage
|
N
|
N
|
N
|
N
|
N
|
N
|
SP
|
N
|
SP
| ||
Public garage (commercial)
|
N
|
N
|
N
|
N
|
N
|
SP
|
SP
|
SP
|
SP
| ||
Public parking garage (noncommercial)
|
N
|
N
|
SP
|
N
|
SP
|
SP
|
SP
|
SP
|
SP
| ||
Commercial parking lot (nonaccessory)
|
N
|
N
|
N
|
N
|
N
|
SP
|
SP
|
SP
|
SP
| ||
Accessory uses to a permitted business
use
|
--
|
--
|
SP
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
| ||
The display and sale upon an open lot
or portion of a lot of merchandise or goods, other than natural trees
and plants, not produced or manufactured upon said lot
[Added 6-20-1991 ATM by Art. 37] |
N
|
N
|
N
|
N
|
N
|
N
|
SP
|
SP
|
SP
| ||
Adult bookstore
[Added 5-6-1996 ATM by Art. 37] |
N
|
N
|
N
|
N
|
N
|
N
|
N
|
SP
|
SP
| ||
Adult club
[Added 5-6-1996 ATM by Art. 37] |
N
|
N
|
N
|
N
|
N
|
N
|
N
|
SP
|
SP
| ||
Adult theater
[Added 5-6-1996 ATM by Art. 37] |
N
|
N
|
N
|
N
|
N
|
N
|
N
|
SP
|
SP
| ||
Adult video store
[Added 5-6-1996 ATM by Art. 37] |
N
|
N
|
N
|
N
|
N
|
N
|
N
|
SP
|
SP
| ||
Adult paraphernalia store
[Added 5-6-1996 ATM by Art. 37] |
N
|
N
|
N
|
N
|
N
|
N
|
N
|
SP
|
SP
| ||
Establishment which displays live nudity
for its patrons
[Added 5-5-1997 ATM by Art. 39] |
N
|
N
|
N
|
N
|
N
|
N
|
N
|
SP
|
SP
| ||
Body art establishment
[Added 4-5-2001 ATM by Art. 16] |
N
|
N
|
N
|
N
|
N
|
N
|
N
|
SP
|
SP
| ||
Registered marijuana dispensary
[Added 5-4-2014 ATM by Art. 27] |
N
|
N
|
N
|
N
|
N
|
N
|
N
|
SP
|
N
| ||
Municipal utility servicer or provider (including electric
and gas), including related offices, warehouse, garages, parking of
equipment and vehicles indoors or outdoors, storage of equipment and
materials indoors or outdoors
[Added 5-3-2010 ATM by Art. 27] |
N
|
N
|
N
|
N
|
N
|
N
|
SP
|
N
|
SP
| ||
Marijuana establishment, as defined
in MGL c. 94G, § 1
[Added 5-1-2017 ATM by Art. 25] |
N
|
N
|
N
|
N
|
N
|
N
|
N
|
N
|
N
| ||
Industrial uses
| |||||||||||
Light manufacturing establishment,
provided that it is not environmentally offensive and does not use
noxious or hazardous materials
|
N
|
N
|
N
|
N
|
N
|
N
|
N
|
Y
|
Y
| ||
Light manufacturing, when a major portion
of products is sold on the premises
|
N
|
N
|
N
|
N
|
SP
|
N
|
Y
|
Y
|
Y
| ||
Fabrication or assembly plant
|
N
|
N
|
N
|
N
|
N
|
N
|
N
|
Y
|
Y
| ||
Dry-cleaning plant or laundry
|
N
|
N
|
N
|
N
|
N
|
N
|
SP
|
Y
|
Y
| ||
Printing plant
|
N
|
N
|
N
|
N
|
N
|
N
|
SP
|
Y
|
Y
| ||
Wholesale or warehouse establishment
|
N
|
N
|
N
|
N
|
N
|
N
|
SP
|
Y
|
Y
| ||
Lumber yard, contractor's yard, outdoor
storage of merchandise or equipment, excluding junk or salvage
|
N
|
N
|
N
|
N
|
N
|
N
|
SP
|
SP
|
Y
| ||
Research or testing laboratory, provided
that it is not environmentally offensive and does not use noxious
or hazardous materials
|
N
|
N
|
N
|
N
|
N
|
SP
|
SP
|
SP
|
Y
| ||
Trucking terminal
|
N
|
N
|
N
|
N
|
N
|
N
|
N
|
N
|
N
| ||
Accessory industrial use
|
--
|
--
|
--
|
--
|
SP
|
Y
|
Y
|
Y
|
Y
|
NOTES:
|
---|
1MR includes the MR-1 and
MR-2 Districts, which are identical except that mid-rise apartments
are not permitted in the MR-1 District.
|
2The Planning Board is the designated special permit granting authority for applications pursuant to §190-93 Open Space Development, a development option that applicants may voluntarily elect to propose for two or more lots configured to protect special natural and cultural features.
[Added 11-8-2004 RTM by Art.
30; amended 11-19-2015 RTM by Art. 11] |
3"N" unless located within an Attached Dwelling Overlay District as provided at § 190-93I.
[Added 11-8-2004 RTM by Art.
31] |
4"SP" if located within a Mixed Use Overlay District as provided at § 190-94.
[Added 11-8-2004 RTM by Art.
33] |
5Except "N" if not located within a Creative Development Overlay District as provided at § 190-95.
[Added 11-8-2004 RTM by Art.
34] |
C.
The use regulations set forth in this article applicable
to every lot of land in the Municipal District shall be the same as
the use regulations applicable to the zoning district surrounding
such lot of land as set forth in Table 1, the Table of Use Regulations;
except that in the case of a lot of land in the Municipal District
which is adjacent to two or more zoning districts, the use regulations
applicable to such lot of land shall be the same as the use regulations
applicable to the least-restrictive such adjacent zoning district.
[Added 4-13-2000 ATM by Art. 26]
D.
Any residential use may be allowed by a municipal
building reuse special permit in the Municipal Building Reuse Overlay
District.
[Added 8-17-2006 STM by Art. 2]
E.
The operation of any marijuana establishment, as defined in MGL c.
94G, § 1, including, without limitation, a marijuana cultivator,
marijuana testing facility, marijuana product manufacturer, marijuana
retailer or any other type of licensed marijuana-related business,
is prohibited in all zoning districts of the Town. This prohibition
shall not apply to the sale, distribution or cultivation of marijuana
for medical purposes licensed under Chapter 369 of the Acts of 2012.
[Added 5-1-2017 ATM by
Art. 25]
[Added 5-6-1996 ATM by Art. 37; amended 5-5-1997 ATM by Art.
39]
Adult bookstores, adult clubs, adult theaters,
adult video stores, adult paraphernalia stores and establishments
which display live nudity for their patrons are subject to the following
regulations:
A.
Adult bookstores, adult clubs, adult theaters, adult
video stores, adult paraphernalia stores and establishments which
display live nudity for their patrons may not be located:
B.
All adult bookstores, adult clubs, adult theaters,
adult video stores, adult paraphernalia stores and establishments
which display live nudity for their patrons must meet the setback
requirement of the appropriate district. All signage must meet the
requirements of the Sign Bylaw.[1] No advertisement, display or other promotional material
which contains sexually explicit graphics or sexually explicit text
is to be visible to the public from any public way, including but
not limited to pedestrian walkways.
C.
If the business allows for the showing of films or
videos within the premises, the booths in which the films or videos
are viewed shall not be closed off by curtains, doors or screens.
All shall be clearly seen from the center of the establishment.
D.
The application for a special permit under § 190-44 must include the following information:
(1)
Name and address of the legal owner of the establishment.
(2)
Name and address of all persons having a lawful equity
or security interest in the establishment.
(3)
A sworn statement must be provided stating that neither
the applicant nor any person having an equity or security interest
in the establishment has been convicted of violating MGL c. 119, § 63
or MGL c. 272, § 28.
(4)
Proposed security precautions.
(5)
The number of employees.
E.
No special permit shall be issued under this section
to any person convicted of violating MGL c. 119, § 28.