Town of Foxborough, MA
Norfolk County
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Except as provided by law or in these bylaws in each district, no building or structure shall be constructed, used or occupied, nor shall land be used or occupied, except for the purposes permitted as set forth in the Table of Use Regulations.
3.1.1. 
By right. A use listed in the Table of Use Regulations is permitted as of right in any district under which it is denoted by the letter "Y," subject to such restrictions as may be specified elsewhere in these bylaws.
3.1.2. 
Not permitted. A use listed in the Table of Use Regulations is prohibited in any district under which it is denoted by the letter "N."
3.1.3. 
Special permit: Board of Appeals. A use designated in the Table by the letters "BA" may be permitted as a special permit only if the Board of Appeals so determines and grants a special permit as provided in Section 10.4 of these bylaws, subject to such restrictions as are set forth elsewhere in these bylaws, and such restrictions as said Board may establish.
3.1.4. 
Special permit: Planning Board. A use designated in the Table by the letters "PB" may be permitted as a special permit only if the Planning Board so determines and grants a special permit as provided in Section 10.4 of these bylaws, subject to such restrictions as are set forth elsewhere in these bylaws, and such restrictions as said Board may establish.
3.1.5. 
Special permit: Board of Selectmen. A use designated in the Table by the letters "SB" may be permitted as a special permit only if the Board of Selectmen so determines and grants a special permit as provided in Section 10.4 of these bylaws, subject to such restrictions as are set forth elsewhere in these bylaws, and such restrictions as said Board may establish.
3.1.6. 
Uses. Land uses are only allowed as noted below. Any use not noted herein is prohibited. The abbreviations used are as follows:
KEY:
Y = Permitted
N = Not permitted
BA = Permitted by special permit from the Board of Appeals
PB = Permitted by special permit from the Planning Board
SB = Permitted by special permit from the Board of Selectmen
Table 3-1 Table of Uses
Use Group
R-15
R-40
GB
NB
HB
GI
LI
S-1
A.
High Hazard Uses
1.
All land and buildings which are used for the sale, storage, fabricating, assembly, manufacture or processing of combustible products or materials which are likely to burn with extreme rapidity or which may produce poisonous fumes after explosions
N
N
N
N
BA
Y
N
N
2.
Processing, storage, or reclamation of waste materials
N
N
N
N
N
N
N
N
3.
Motor vehicle fuel facility
N
N
BA
N
BA
BA
N
N
B.
Low Hazard Uses
[Amended 5-12-2014 ATM by Art. 33; 12-4-2017 STM by Art. 7]
1.
All land and buildings used for the storage, manufacture, processing or bottling of noncombustible materials, beverages, and low-hazard wares that do not ordinarily burn rapidly and which are not high-hazard uses
N
N
N
N
BA
Y
Y
PB
2.
Processing, storage, or reclamation of waste materials
N
N
N
N
N
N
N
N
3.
Parking lots constructed to the standards found in Section 6.1
N
N
N
Y
Y
Y
Y
Y
4.
Temporary parking lots, whether paved or unpaved, serving uses with seating capacities of over 7,500 people within the Special Use (S-1) District
PB
N
PB
PB
PB
PB
PB
PB
C.
Mercantile/Retail
[Amended 5-12-2014 ATM by Art. 33; 12-4-2017 STM by Art. 7; 5-14-2018 ATM by Art. 10]
1.
Retail establishment
N
N
Y
Y
Y
Y
Y
Y
2.
Restaurant
N
N
Y
Y
Y
Y
Y
Y
3.
Mercantile/Retail uses, except restaurants with seating
N
N
Y
Y
Y
Y
N
Y
4.
Drive-in restaurant
N
N
N
N
N
N
N
N
5.
Vending machines, entertainment devices, or arcade uses, except that vending machines shall be allowed in all districts on property owned or leased by the Town of Foxborough, or any board, committee or department thereof, and where such property is used for municipal purposes
N
N
N
N
N
N
N
N
6.
Commercial storage garages and motor vehicle repair shops
N
N
N
N
BA
Y
Y
PB
7.
Adult entertainment or uses (see Section 7.3)
N
N
N
N
N
N
N
PB
8.
Kennels - commercial
N
N
N
N
N
N
PB
PB
9.
Landscape/Building supply yards
N
N
N
N
PB
PB
PB
PB
10.
Contractor yard
N
N
N
N
PB
PB
PB
PB
11.
Brew pub
N
N
PB
PB
N
N
N
Y
D.
Business, Service, or Office
[Amended 5-12-2014 ATM by Art. 30; 12-4-2017 STM by Art. 7; 5-14-2018 ATM by Art. 10]
1.
All land and buildings which are used for the transaction of business, for the rendering of professional or tradesman services or for the other services that involve stocks of goods, wares, or merchandise in limited quantities for use incidental to business office uses or similar purposes, except for other uses specified in this Use Group D
N
N
Y
Y
Y
Y
Y
Y
2.
Research and development facilities
N
N
PB
PB
PB
PB
PB
Y
3.
Laundry or dry-cleaning facilities
N
N
Y
N
N
Y
Y
Y
4.
Junkyard, auto graveyard
N
N
N
N
N
N
N
N
5.
Funeral establishments
N
N
Y
Y
Y
Y
Y
N
6.
Massage parlors
N
N
N
N
N
N
N
N
7.
Self storage mini-warehouse
N
N
N
N
BA
Y
Y
Y
8.
Truck terminal/general commodity/public warehouse
N
N
N
N
PB
PB
PB
PB
9.
Automobile storage or automobile auction facilities
N
N
N
N
PB
PB
PB
PB
10.
Tattoo parlors
N
N
N
N
N
N
N
PB
11.
All land and buildings which are primarily used for the sale of used or previously owned vehicles
N
N
N
N
N
N
N
N
12.
Registered marijuana dispensary
N
N
N
N
N
N
N
PB
E.
Assembly
1.
Theaters
N
N
Y
N
Y
Y
Y
Y
2.
Nightclubs without theatrical stage accessories, designed for use as dance halls, nightclubs, and for similar purposes
N
N
Y
N
Y
Y
Y
Y
3.
Drive-in theaters
N
N
N
N
BA
N
N
N
4.
Museums, with or without an auditorium, in which persons assemble for amusement, entertainment or recreation, and incidental motion picture, dramatic or educational presentations, lectures or similar purposes
N
N
Y
Y
Y
Y
Y
Y
5.
Use of land or structures for religious purposes
Y
Y
Y
Y
Y
Y
Y
Y
6.
Stadiums, coliseums or similar structures for indoor/outdoor assembly use
N
N
N
N
N
BA
BA
PB
7.
Educational use, nonexempt
BA
BA
BA
N
BA
BA
BA
PB
8.
Use of land or structures for educational purposes on land owned or leased by the commonwealth or any of its agencies, subdivisions or bodies politic or by a religious sect or denomination, or by a nonprofit educational corporation
Y
Y
Y
Y
Y
Y
Y
Y
9.
Child-care center
Y
Y
Y
Y
Y
Y
Y
Y
10.
Adult day-care facility
BA
BA
BA
BA
BA
N
N
N
11.
Tractor trailer schools using public roads
N
N
N
N
N
N
N
N
12.
Adult entertainment establishment
N
N
N
N
N
N
N
PB
F.
Institutional
1.
All land and buildings for housing people suffering from physical limitations, including, among others, hospitals, sanitariums, infirmaries, orphanages, and institutions licensed by the Commonwealth of Massachusetts
BA
BA
BA
BA
N
N
N
PB
G.
Residential
[Amended 11-4-2013 STM by Art. 7; 5-14-2018 ATM by Art. 10]
1.
Lodging, boarding house but not including group homes or halfway houses
BA
N
BA
N
N
N
N
N
2.
Hotels, motels but not including group homes or halfway houses
N
N
N
N
PB
N
PB
Y
3.
Dormitories
BA
BA
BA
N
N
N
N
N
4.
Multifamily dwellings
PB
N
PB
N
N
N
N
N
5.
Two-family dwelling
Y
N
Y
N
N
N
N
N
6.
Single-family dwellings
Y
Y
Y
Y
N
N
N
N
7.
Mobile homes/travel trailers park
BA
BA
N
N
N
N
N
N
8.
Open space residential developments
N
PB
N
N
N
N
N
N
9.
Residential compounds
N
PB
N
N
N
N
N
N
10.
Planned development housing
N
PB
N
N
N
N
N
N
11.
Accessory apartment
Y
PB
Y
PB
N
N
N
N
12.
Assisted living facility, nursing or convalescent home
Y
Y
Y
Y
Y
Y
PB
PB
13.
Bed-and-breakfast
BA
BA
BA
BA
N
N
N
N
14.
Innovative residential development
PB
PB
N
N
N
N
N
N
H.
Agricultural Uses
1.
Use of land for the primary purpose of agriculture, horticulture, floriculture, or viticulture on a parcel of more than five acres in area
Y
Y
Y
Y
Y
Y
Y
Y
2.
Farm stand, nonexempt
N
BA
PB
BA
N
Y
Y
N
3.
Commercial slaughtering, nonexempt
N
N
N
N
N
N
N
N
4.
Cider mill or lumber mill
N
BA
N
BA
N
Y
Y
N
5.
Fur farms, nonexempt
N
N
N
N
N
N
N
N
I.
Public and Quasi-Public Facilities
[Amended 12-5-2011 STM by Art. 7; 5-14-2018 ATM by Art. 13]
1.
Cemeteries
BA
BA
N
BA
N
Y
Y
N
2.
Essential services
Y
Y
Y
Y
Y
Y
Y
Y
3.
Municipal facilities and structures necessary to the service of the Town, excluding storage yards, power plants, water, filter plants, sewage treatment plants and refuse facilities
Y
Y
Y
Y
Y
Y
Y
Y
4.
Telecommunications/wireless communications facilities as a primary use
N
N
BA
BA
BA
BA
BA
BA
5.
Telecommunications/wireless communications facilities as an accessory use
BA
BA
BA
BA
BA
BA
BA
BA
6.
Commuter rail stations, bus stations, and related or accessory structures and improvements
N
N
N
N
PB
PB
PB
PB
7.
Municipal recreation facility
Y
Y
Y
Y
Y
Y
Y
Y
8.
Large-scale ground-mounted solar photovoltaic installation
N
N
N
N
PB
PB
Y
Y
9..
Residential large-scale ground-mounted solar photovoltaic installation
N
PB
N
N
PB
PB
Y
Y
J.
Recreational Use
[Amended 5-14-2018 ATM by Art. 10]
1.
Clubs such as golf clubs, country clubs, private club or lodge
BA
BA
BA
BA
BA
BA
BA
PB
2.
Passive outdoor recreational uses such as beaches, parks, picnic groves, and other similar uses, but not including amusement parks
N
BA
N
BA
BA
Y
Y
PB
3.
Low-density recreational uses which predominantly occur within a building such as swimming, tennis, skating and other similar uses
N
N
BA
BA
BA
Y
Y
Y
4.
Boat storage facility, provided no construction or major repair shall be allowed other than necessary for the maintenance of boats owned by a proprietor or lessee
N
BA
N
BA
BA
Y
Y
PB
5.
Commercial campgrounds
N
BA
N
N
N
N
N
N
6.
Outdoor/Indoor recreational uses, including golf driving ranges, miniature golf courses, batting cages, fields, buildings and facilities for recreational and athletic activities, and go-carts and bumper boats (except that go-carts and bumper boats that are powered by any type of fossil fuel are prohibited in the Water Resource Protection District), but not including amusement parks and water parks
N
N
N
N
N
N
N
Y
7.
Wellness and recreation center
PB
PB
PB
PB
PB
PB
PB
PB
8.
Outdoor athletic fields and athletic facilities that are privately owned, including buildings and structures that are accessory thereto
N
PB
N
N
N
N
N
Y
K.
Planned Development
[Amended 5-14-2018 ATM by Art. 10]
None
N
N
N
N
N
N
N
N
L.
Accessory Uses
[Amended 12-5-2011 STM by Art. 7; 12-4-2017 STM by Art. 7]
1.
The storage (temporary or otherwise), sale or processing of any combustible or waste materials
N
N
BA
BA
BA
BA
BA
PB
2.
Seasonal migrant workers quarters, mobile home or watchman's quarters as accessory uses to permitted agricultural and industrial uses
Y
Y
Y
Y
Y
Y
Y
Y
3.
Residential accessory uses and structures. Gross area of residential storage structures shall not exceed 400 square feet or 1.5 stories; the gross area of temporary wayside stands shall not exceed 400 square feet
Y
Y
Y
Y
N
N
N
N
4.
Residential garages which do not exceed 1 1/2 stories in height and a footprint not to exceed 625 square feet
Y
Y
Y
Y
N
N
N
N
5.
Residential garages which exceed 1 1/2 stories in height or have a footprint larger than 625 square feet
BA
BA
BA
BA
N
N
N
N
6.
Outdoor storage or overnight parking of buses, trucks or other vehicles whose gross vehicle weight (GVW), as determined by Mass. Registry of Motor Vehicles, exceeds 10,000 pounds
N
N
N
N
Y
Y
Y
Y
7.
Accessory uses to multifamily dwellings which are located within the principal building and are limited to eating establishments, personal service establishments; retail sales establishments selling convenience merchandise
Y
Y
Y
N
Y
Y
Y
Y
8.
Accessory structures to multifamily structures
BA
N
BA
N
BA
BA
BA
BA
9.
Nonresidential accessory uses and structures which do not exceed 15% of the gross area of the principal building or buildings
N
N
Y
Y
Y
Y
Y
Y
10.
Home occupation, intensive
BA
BA
Y
Y
N
N
N
N
11.
Home occupation, nonintensive
Y
Y
Y
Y
N
N
N
N
12.
Keeping of livestock or horses on a parcel of land which is not greater than two acres in area
BA
BA
BA
BA
BA
BA
BA
BA
13.
Keeping of livestock or horses on a parcel of land which is greater than two acres in area
Y
Y
Y
Y
Y
Y
Y
Y
14.
Family day care, large or small
BA
BA
BA
BA
BA
BA
BA
N
15.
Drive-through facility
N
N
PB
PB
Y
Y
Y
Y
16.
On-site ground-mounted solar photovoltaic installation
PB
Y
PB
PB
PB
Y
Y
Y
M.
Other Uses
1.
Electronic video or mechanical gambling machines or devices or similar games of chance involving the betting or wagering of money
N
N
N
N
N
N
N
N
2.
Access ways (including no more than one limited access way through residential districts) and associated infrastructure, including, but not limited to, drainage, sewer lines and utilities serving events licensed by the Board of Selectmen at stadium within the Economic Development Area Overlay District
N
Y
N
N
N
N
N
Y
3.
Parking spaces beyond the requirements of the primary use(s) on the lot, provided the spaces are constructed to the standards found in Section 6.0 of these bylaws
PB
PB
Y
Y
Y
Y
Y
Y
4.
Arcades
N
N
N
N
N
N
N
PB
5.
All lands and buildings which are used for the sale of previously owned vehicles
N
N
N
N
PB
PB
PB
PB
3.1.7. 
Notes to Table of Use Regulations.
1. 
See Section 9.0 for further regulations applicable in all overlay districts. To the extent that the provisions of this Section 3.0 are in conflict, the provisions of Section 9.0 shall govern.
2. 
There shall be allowed no more than one such access way through a residential district to serve such a stadium use, except that this limitation shall not apply to any emergency access way serving such stadium that is required by public safety officials of the Town of Foxborough. For (i) all National Football League (or successor) football games, (ii) soccer games, and (iii) six other events, for which tickets will be made available for 50,000 or more attendees (the "permitted events"), the one limited access way through residential districts may be used pursuant to site plan approval granted by the Planning Board and shall be subject to limitations as to the time, and number and type of vehicles using said access way, pursuant to Section 9.5.10.5. For any other stadium event for which greater than 50,000 tickets will be made available, the Planning Board may allow the use of said limited access way through residential districts subject to the issuance of a special permit. When reviewing a request for a special permit, the Planning Board shall employ the criteria detailed in Section 10.4 of these bylaws. Among these and other concerns, the Board shall also review the day(s) of the week the access way is proposed to be open, the proposed hours of operation, the proposed number and types of vehicles to use it, and the general impacts on the neighborhood.
3. 
The arcade must be located in separate room from the primary use and must be staffed by a dedicated employee of the business of the primary use when open. There must be at a minimum 30 square feet net of floor space per machine in the arcade room. There shall be at least one dedicated employee for every 30 machines.
4. 
Considering a request for a special permit for the sale of used or previously owned vehicles, the Board shall employ the criteria found in Section 10.4 of these bylaws. Among other concerns, it shall also consider the proximity of the use to residential dwellings, the proposed location relative to similar uses, the number of vehicles proposed for sale and the proposed landscaping, screening and buffering.
5. 
Any use that would be offensive, hazardous, or harmful to the neighborhood or to property in the vicinity by reason of blight, air, water or noise pollution, debris, salvage materials, junk, solid or liquid waste, danger of explosion or fire, electric or electronic interference, or conditions conducive to the breeding of insects and rodents is prohibited whether or not enumerated around the uses otherwise permitted in any district. Research and development activities that involve radioactive materials, high-intensity electromagnetic radiation, or chemical or biological processes in a manner that constitutes a present or potential threat or danger to public health, safety or welfare or to the environment when improperly stored, treated, transported, discharged, disposed of, used or otherwise managed, are prohibited in all districts.
[Amended 5-14-2018 ATM by Art. 10]
6. 
Access to any outdoor athletic field or athletic facility that is situated in the R-40 Residential and Agricultural District, whether in its entirety or in part, shall be provided only from an accepted way through a nonresidential district. This restriction shall not apply to any emergency access required by public safety officials of the Town of Foxborough.
[Added 5-14-2018 ATM by Art. 10]
7. 
The total gross floor area of mercantile or retail uses and retail establishments in the S-1 District, except for restaurants with seating, shall not exceed 75% of the gross square footage of the buildings or structures in which any such use is situated, provided that the Planning Board may grant a special permit to increase the gross floor area that is used for such purposes to more than 75% of the gross square footage of any such buildings or structures.
[Added 5-14-2018 ATM by Art. 10]
8. 
Unless otherwise authorized by the special permit granting authority, the architectural design of any accessory structure, and the type and color of the external materials used in its construction, shall be comparable to the principal structure to which it is incidental and subordinate.
[Added 5-14-2018 ATM by Art. 12]
3.2.1. 
General. Accessory uses and structures shall be permitted or permitted by special permit as set forth in the Table of Use Regulations.
3.2.2. 
Home occupation, intensive. An intensive home occupation is permitted by special permit as set forth in the Table of Use Regulations in the principal residence or in an accessory building, subject to the following standards:
[Amended 5-13-2013 ATM by Art. 25]
1. 
The business must not produce noise or other objectionable characteristics beyond the limits of the lot; and
2. 
The area devoted to the home occupation shall not exceed 40% of the habitable floor area of the principal residence; and
3. 
Necessary off-street parking shall be provided; and
4. 
No more than two persons in addition to family members residing in the residence may be employed within the principal residence or in an accessory building; and
5. 
Storage of material or products outside of the principal residence is prohibited; and
6. 
The making of external structure alterations to the principal residence or an accessory building is prohibited.
3.2.3. 
Home occupation; nonintensive. A nonintensive home occupation is permitted as of right as set forth in the Table of Use Regulations in the principal residence or in an accessory building, subject to the following standards:
1. 
The business must not produce noise or other objectionable characteristics beyond the limits of the lot; and
2. 
The area devoted to home occupation may not exceed 400 square feet total in the habitable area of the principal dwelling and the accessory building and shall not exceed 20% of the habitable area of the dwelling; and
3. 
Not more than one vehicle dedicated or used in conjunction with the occupation may be parked on the property and said vehicle shall be registered and routinely driven on public streets and lawful to any other requirements of these bylaws; and
4. 
No employees are permitted in conjunction with this employment; and
5. 
No customers or business associates are permitted to regularly visit said dwelling or in any manner transact any business from the dwelling; and
6. 
Routine deliveries of packages shall be less than 70 pounds; and
7. 
Storage of materials or products outside of a principal building is prohibited; and
8. 
The making of external structural alterations which are not customary in residential buildings is prohibited; and
9. 
No signage concerning the home occupation is permitted; and
10. 
Not more than two residents may be engaged in the same or related home occupation.
3.3.1. 
Amusement or recreation. Temporary uses for amusement and recreation shall require the issuance of a special permit from the Board of Selectmen, and may be subject to appropriate conditions.
3.3.2. 
Other. Except as provided for in Section 3.3.1, when the Board of Appeals finds that the general health, safety or welfare of the Town will be served by allowing as a temporary use one that is not otherwise permitted, and where such use will not be in conflict with the purposes permitted in the district in which such use is situated and such temporary use may be permitted for a period of not more than one year, without recourse of an extension of time, a special permit may be granted for same.